68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 558
Senate Bill 851
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes technical changes in Oregon Statutes. Adjusts grammar,
syntax and punctuation. Deletes obsolete provisions. Conforms
language to existing statutes. Inserts omitted provisions.
Adjusts ORS series references.
A BILL FOR AN ACT
Relating to correction of erroneous material in Oregon Law;
creating new provisions; amending ORS 2.150, 3.041, 7.211,
18.360, 18.480, 19.038, 20.085, 29.145, 29.147, 29.411, 34.040,
52.130, 52.180, 62.415, 62.720, 63.034, 63.160, 68.120,
72.2010, 72A.1010, 72A.5230, 73.0102, 74.1020, 74.2120,
77.6040, 79.2030, 79.3020, 79.3120, 83.820, 92.060, 92.140,
105.430, 107.718, 108.660, 109.070, 109.124, 109.425, 109.430,
109.440, 109.450, 109.503, 109.990, 110.162, 126.137, 128.320,
133.245, 137.635, 161.685, 163.206, 163.575, 166.165, 166.725,
171.825, 174.535, 181.640, 182.360, 182.375, 182.395, 183.335,
183.360, 183.413, 183.464, 184.730, 184.733, 185.530, 185.540,
190.210, 192.502, 192.530, 195.210, 197.295, 198.190, 215.203,
215.273, 215.402, 215.710, 221.770, 222.130, 222.250, 222.620,
222.650, 240.610, 244.020, 244.045, 244.050, 248.370, 260.725,
261.355, 266.380, 275.120, 276.612, 285.035, 285.153, 285.800,
285.860, 285.905, 286.605, 287.056, 294.035, 294.485, 294.555,
305.005, 305.230, 305.275, 305.520, 305.583, 305.585, 305.620,
305.747, 305.749, 305.753, 307.115, 307.162, 307.518, 307.527,
308.005, 308.025, 308.365, 308.372, 308.396, 308.411, 308.479,
308.558, 308.880, 309.100, 310.310, 310.315, 310.390, 310.396,
311.010, 311.105, 311.140, 311.205, 311.385, 311.605, 311.668,
311.691, 311.812, 312.214, 314.021, 314.407, 314.625, 314.650,
314.670, 314.680, 314.682, 314.686, 314.688, 315.204, 316.002,
316.027, 317.152, 317.259, 318.031, 320.012, 321.353, 321.357,
321.415, 321.760, 321.805, 323.110, 326.111, 336.088, 336.187,
341.085, 341.290, 341.331, 343.465, 345.400, 346.680, 351.050,
351.077, 351.085, 351.545, 352.360, 352.400, 357.246, 357.525,
358.171, 358.831, 359.025, 366.155, 373.020, 390.805, 401.839,
409.620, 414.730, 416.010, 417.815, 418.030, 418.312, 419A.200,
419C.367, 420.074, 423.525, 430.630, 432.420, 435.080, 446.322,
450.280, 450.885, 450.900, 451.545, 454.225, 455.447, 455.770,
456.005, 456.065, 456.120, 456.515, 456.530, 456.535, 456.539,
456.543, 456.547, 456.550, 456.555, 456.559, 456.574, 456.578,
456.593, 456.615, 456.620, 456.625, 456.627, 456.630, 456.640,
456.645, 456.650, 456.661, 456.665, 456.670, 456.675, 456.680,
456.685, 456.695, 456.700, 456.705, 456.720, 457.170, 458.310,
458.415, 458.610, 459.298, 459.335, 459A.025, 468.220, 468.423,
468.429, 468.431, 468.433, 468.440, 468A.615, 469.370, 469.681,
478.225, 480.350, 480.436, 480.450, 508.718, 508.808, 517.800,
517.950, 527.260, 527.710, 536.125, 537.515, 537.800, 541.755,
545.234, 545.254, 554.110, 561.140, 561.240, 571.515, 576.215,
577.210, 577.320, 577.710, 578.030, 579.030, 586.550, 586.561,
586.720, 603.010, 632.745, 633.006, 633.511, 634.022, 634.042,
634.122, 646.204, 646.605, 657.095, 657.471, 657.513, 657A.400,
658.715, 659.037, 659.430, 670.306, 672.020, 675.595, 678.113,
678.140, 678.820, 683.510, 684.092, 686.210, 688.040, 689.832,
691.555, 700.260, 705.165, 708.520, 716.645, 731.028, 731.036,
731.434, 732.523, 733.600, 735.610, 737.346, 742.460, 743.652,
743.722, 750.705, 801.285, 802.110, 809.410, 810.180, 811.220,
811.615, 811.625, 815.075, 818.100, 818.430, 819.150, 819.160,
819.440, 820.150, 822.050, 830.185 and 835.045 and section 7,
chapter 290, Oregon Laws 1987, sections 2, 10, 11b and 15,
chapter 791, Oregon Laws 1989, section 10, chapter 948, Oregon
Laws 1989, section 15, chapter 920, Oregon Laws 1991, section
11, chapter 676, Oregon Laws 1993, section 5, chapter 729,
Oregon Laws 1993, and section 2, chapter 811, Oregon Laws 1993,
and ORCP 4 J, 7 D, 27 B, 55 D, 63 E, 69 B and 82 G; and
repealing ORS 171.645, 307.127, 308.660, 316.485, 316.495,
318.100, 323.086, 323.087, 323.089, 323.091, 401.733, 419A.295,
430.700, 468.685, 468A.425, 468A.430, 468A.435, 468A.440,
468A.445, 468A.450, 469.157, 653.770 and 835.050 and sections
1, 2, 4, 5, 6, 7, 8, 9 and 10, chapter 679, Oregon Laws 1985,
sections 60 and 66, chapter 863, Oregon Laws 1991, section 50,
chapter 344, Oregon Laws 1993, and sections 1, 2, 3, 4 and 8,
chapter 814, Oregon Laws 1993.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 174.535 is amended to read:
174.535. It is the policy of the Legislative Assembly to revise
sections from Oregon Revised Statutes and Oregon law periodically
in order to maintain accuracy. However, nothing in chapter 740,
Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158,
Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and
927, Oregon Laws 1991, { - and - } chapters 18 and 469, Oregon
Laws 1993, { + and this 1995 Act + } is intended to alter the
legislative intent or purpose of statutory sections affected by
chapter 740, Oregon Laws 1983, chapter 565, Oregon Laws 1985,
chapter 158, Oregon Laws 1987, chapter 171, Oregon Laws 1989,
chapters 67 and 927, Oregon Laws 1991, { - and - } chapters 18
and 469, Oregon Laws 1993, { + and this 1995 Act + } except
insofar as the amendments thereto, or repeals thereof,
specifically require.
{ + NOTE: + } Reviser's Bill policy statement.
SECTION 2. ORS 2.150 is amended to read:
2.150. (1) The Supreme Court shall arrange for the publication
and distribution of bound volumes of reports of decisions of the
Supreme Court and Court of Appeals, of bound volumes of reports
of decisions of the Oregon Tax Court determined to be of general
public interest under ORS 305.450, of unbound copies of those
decisions to be used as advance sheets and press summaries, rules
and other official judicial department publications. The bound
volumes of reports or advance sheets shall contain additional
material as the Supreme Court may direct.
(2) The bound volumes of reports or advance sheets or both may
be printed and bound, as the Supreme Court shall determine, by:
(a) The Oregon Department of Administrative Services in the
same manner as other state printing; or
(b) A private printer pursuant to a contract entered into by
the Supreme Court with the printer and not subject to ORS
282.020.
(3) The bound volumes of reports or advance sheets or both may
be distributed, as the Supreme Court shall determine, by:
(a) The State Court Administrator; or
(b) A private distributor pursuant to a contract entered into
by the Supreme Court with the distributor.
(4) The bound volumes of reports and advance sheets shall be
distributed without charge as determined by the Supreme Court or
sold by the distributor. Except as otherwise provided in a
contract entered into under subsection { - (3)(c) - }
{ + (3)(b) + } of this section, the State Court Administrator
shall determine sale prices and all moneys collected or received
from sales shall be paid into the Court Publications Account
established by ORS 2.165.
{ + NOTE: + } Corrects internal paragraph reference.
SECTION 3. ORS 3.041 is amended to read:
3.041. (1) Each judge of the circuit court shall be a citizen
of the United States and a resident of this state.
(2) Each judge of the circuit court shall be a resident of or
have principal office in the judicial district for which the
judge is elected or appointed, except that in any judicial
district having a population of 500,000 or more, according to the
latest federal decennial census, any judge of the circuit court
may reside within 10 miles of the boundary of the judicial
district.
(3) In the twelfth judicial district, one of the judges of the
circuit court shall be a resident of or have principal office in
Polk County and one shall be a resident of or have principal
office in Yamhill County.
(4) In the fifteenth judicial district, two of the judges of
the circuit court shall be residents of or have principal offices
in Coos County and one shall be a resident of or have principal
office in Curry County.
(5) In the nineteenth judicial district, one of the judges of
the circuit court shall be a resident of or have principal office
in Clatsop County, two shall be residents of or have principal
offices in Columbia County and one shall be a resident of or have
principal office in Tillamook County.
{ - (6) In the twenty-first judicial district, three of the
judges of the circuit court shall be residents of or have
principal offices in Linn County and two shall be residents of or
have principal offices in Benton County. - }
{ - (7) - } { + (6) + } The residence within this state
required by subsection (1) of this section shall have been
maintained for at least three years, and the residence or
principal office required by subsections (2) to { - (6) - }
{ + (5) + } of this section shall have been maintained for at
least one year, immediately prior to appointment or becoming a
candidate for election to the office of circuit court judge.
{ + NOTE: + } Deletes obsolete language.
SECTION 4. ORS 7.211 is amended to read:
7.211. (1) The clerk or court administrator of any court having
jurisdiction over adoption cases shall keep separate records in
all cases of adoption filed in such court. The records shall not
be subject to the inspection of any person, except upon order of
the court. Adoption proceedings shall not be entered upon the
general records of the court, nor shall the clerk or court
administrator disclose to any person, without the court order,
any information appearing in the adoption records. The clerk,
court administrator or any other person having custody of any
records or files in such cases shall not disclose them to any
person without the court order. Nothing contained in this section
shall prevent the clerk or court administrator from certifying
copies of a decree of adoption to the petitioners in such
proceeding or their attorney. At the time of the entry of any
final decree of adoption, the clerk, court administrator or other
person having custody of the records or files in such cases shall
cause all records, papers and files relating to the adoption to
be sealed in the record of the case and such sealed records,
papers and files shall not be unsealed, opened or subject to the
inspection of any person except upon order of a court of
competent jurisdiction.
(2) The provisions of subsection (1) of this section do not
apply to the disclosure of information under ORS 109.425 to
109.507 { - and 109.990 (3) - } .
{ + NOTE: + } Deletes inapplicable reference.
SECTION 5. ORS 18.360 is amended to read:
18.360. (1) Whenever, after the entry of a judgment, a period
of 10 years elapses, the judgment and any docketed or recorded
lien thereof shall expire. However, before the expiration of 10
years the circuit or district court for the county in which the
judgment originally was entered, on motion, may renew the
judgment and cause a notation in the register and the judgment
docket indicating the renewal of the judgment to be made. The
renewed judgment and any lien thereof expire 10 years after entry
of the renewed judgment. If the judgment is renewed, the judgment
creditor or the agent of the judgment creditor { - , - } may
cause to be recorded in the County Clerk Lien Record of any other
county in this state a certified copy of the renewed judgment or
a lien record abstract. Execution may issue upon the renewed
judgment until the judgment expires or is fully satisfied.
(2) Notwithstanding subsection (1) of this section, whenever a
judgment under ORS 107.105 (1)(f) provides for the future payment
of money in gross or in installments and when the future gross
payment or any installment does not become due for 10 or more
years from the date of entry of the judgment, that part of the
judgment and the lien thereof shall not expire until 10 years
after the date on which the future gross payment or installment
becomes due. However, before the expiration of 10 years after the
date on which the future gross payment or installment becomes
due, the circuit or district court for the county in which the
judgment was entered, may renew, on motion, that part of the
judgment that has become due within the preceding 10 years and
cause a new entry and docketing of that part of the judgment to
be made. A judgment renewed under this subsection and any lien
thereof expire 10 years after entry of the renewed judgment. If
the judgment is renewed, the judgment creditor or the agent of
the judgment creditor may cause to be recorded in the County
Clerk Lien Record of any other county of the state a certified
copy of the renewed judgment or a lien record abstract. Execution
may issue upon the renewed judgment until the judgment expires or
is fully satisfied.
{ + NOTE: + } Corrects punctuation.
SECTION 6. ORS 18.480 is amended to read:
18.480. (1) When requested by any party the trier of fact shall
answer special questions indicating:
(a) The amount of damages to which a party seeking recovery
would be entitled, assuming that party not to be at
fault { + . + } { - ; - }
(b) The degree of each party's fault expressed as a percentage
of the total fault attributable to all parties represented in the
action.
(2) A jury shall be informed of the legal effect of its answer
to the questions listed in subsection (1) of this section.
{ + NOTE: + } Corrects punctuation.
SECTION 7. ORS 19.038 is amended to read:
19.038. (1) Except as provided in ORS 19.045, within 14 days
after the filing of the notice of the appeal, the appellant shall
serve on the adverse party or the attorney of the adverse party
an undertaking as provided in ORS 19.040, and within such 14 days
shall file with the clerk of the trial court the original
undertaking, with proof of service indorsed thereon.
(2) Within 14 days after the service of the undertaking, the
adverse party or the attorney of the adverse party may except to
the sufficiency of the sureties or letter of credit issuers or
the amount specified in the undertaking, or the adverse party
shall be deemed to have waived the right thereto.
(3) The qualifications of sureties or letter of credit issuers
in the undertaking on appeal shall be { - the same as in bail
on arrest, and, if excepted to, they shall justify in like
manner - } { + as provided in ORCP 82D through G + }.
{ + NOTE: + } Corrects reference.
SECTION 8. ORS 20.085 is amended to read:
20.085. In a proceeding brought under section 18, Article I or
section 4, Article XI { - , - } of the Oregon Constitution by
an owner of property or by a person claiming an interest in
property, if the owner or other person prevails, the owner or
other person shall be entitled to costs and disbursements and
reasonable attorney fees at trial and on appeal.
{ + NOTE: + } Corrects punctuation.
SECTION 9. ORS 29.145 is amended to read:
29.145. This section establishes a form for a writ of
garnishment issued by the clerk of the court as described in ORS
29.137 and 29.138. A writ of garnishment issued by the clerk of
the court shall be in substantially the following form:
_________________________________________________________________
(This form is for garnishments issued under ORS 29.137 and
29.138)
IN THE ______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF _____
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)
Plaintiff, )WRIT OF
) GARNISHMENT
)ISSUED BY THE
vs. )COURT CLERK
)Case No.___
____
, )
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE NAME OF THE STATE OF OREGON, TO:__________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following
information is to be filled in by the Creditor):
On the __ day of ___, 19__, (cross out one) plaintiff/defendant
________, named above and called 'Creditor, ' has (check one):
___ filed an action
___ obtained a judgment (a court order for the payment of
money) against the (cross one out) plaintiff/defendant ______,
named above and called 'Debtor.' The Debtor's Social Security
Number or Employer Identification Number is __________ (insert if
known). The following amount is necessary to satisfy the
Creditor's claim or judgment:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
+Claim or Judgment De$t___
_
+Prejudgment Interest$____
+Attorney Fees $____
+Cost Bill $____
+Post-Judgment Intere$t___
_
+Delivery Fee for thi$_Writ
___
+Issuance Fee for thi$_Writ
___
+Sheriff's Fees other
than Delivery Fees $____
+Other (Explain. Attach
additional sheets
if necessary. NOTE: INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY SUBJECT
TO COLLECTION BY GARNISHMENT MAY
RESULT IN LIABILITY FOR WRONGFUL
EXECUTION.)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
$____
_____
$____
_____
$____
_____
$____
Total other from
additional sheet
(if used) $____
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
+Past Writ Issuance F$es__
__
+Past Delivery Fees $____
+Transcript and Filing
Fees for other coun$ies_
___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
=Subtotal $____
LESS Payments Made $(___
)
=TOTAL Amount Required to
Satisfy in Full this Claim
or Judgment $____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE
CREDITOR.
* * *
Witness the hand and seal of the court on this __ day of _____
, 19__.
CLERK OF THE COURT
By________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oregon)
) ss.
County of____
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I certify that the foregoing is a true and correct copy of the
original Writ of Garnishment in the above-entitled case.
CLERK OF THE COURT
By________
_________________________________________________________________
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good
ground to support it, and all sums included above are lawfully
subject to collection by this garnishment. __________________
Creditor/Creditor's Attorney (or Agent)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
_______
Address Telephone Number
__________
Oregon State Bar Number
(if applicable)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* * *
GARNISHEE'S DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE
DEBTOR'S PROPERTY OR OWE ANYTHING TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN
REQUIRED TO DO SO, YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER
ORS 29.285 AND MAY BE HELD LIABLE TO THE CREDITOR FOR THE LESSER
OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF PROPERTY YOU
HOLD.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As a Garnishee, you must take the following steps:
STEP 1. COMPLETE THE CERTIFICATE AND SCHEDULE.
Except where you have not received the original writ or a true
copy thereof, four additional copies of the writ and, if you are
a financial institution, a garnishee's search fee of $5, within
five days of receiving the writ, you must fill out and file the
forms below called 'Certificate of Garnishee' and, if required
(see schedule form), the 'Earnings Exemption Computation
Schedule. '
In filling out the form, you must describe any garnished
property or debts you know you have in your possession. This writ
garnishes only personal property of the Debtor you hold or debts
you owe to the Debtor as of the date you received this writ,
including debts that existed but were not yet due when you
received this writ. You file these forms by following Step 2
below.
If you have questions, you should contact an attorney. The
clerk of court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, four additional copies of
the writ and, if you are a financial institution, a garnishee's
search fee of $5, the garnishment is not effective to garnish any
property, you are not required to respond by filing the
garnishee's certificate and you may deal with any property of the
Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you hold any property or owe any debt
to the Debtor, the writ does not garnish anything, but you must
fill out the certificate anyway and follow Step 2. Keep a copy
for your records.
If the writ does comply with Oregon law and you can tell that
you may hold property of or owe a debt to the Debtor but you are
not sure what or how much, you must fill out the certificate
anyway and explain why. You must then follow Step 2. When you
find out whether or what you do owe the Debtor, you should amend
the certificate, even if you find out you do not owe the Debtor
anything. Follow Step 2 again and file the amended certificate.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been
filed by or on behalf of the Debtor under section 301, 302 or 303
of the United States Bankruptcy Code (11 U.S.C. �� 101 to 1330),
you must describe in your certificate any garnished property or
debts that you know that you have in your possession, and note on
the certificate that a bankruptcy petition has been filed.
After filing the certificate under Step 2, go on to Step 3 if
you owe anything to the Debtor or hold property that belongs to
the Debtor.
STEP 2. FILE THE CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must send all of
the following (information to be filled in by Creditor):
The original certificate and schedule form to the clerk of
(cross one out) district/circuit court of ___ County at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Street address: __________
City _____
County _____
State _____
Zip code _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate and schedule form to the Debtor at
(last-known address):
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State ______
Zip Code ______
Telephone number (if known) _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate and schedule form to the Creditor at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State ______
Zip Code ______
Telephone number _______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate to the Sheriff of the county where
this writ was delivered to you. You will need to look up the
address. You are required to send a copy to the Sheriff only if
you hold personal property of the Debtor or owe a debt or other
obligation payable to the Debtor other than a debt or other
obligation payable that is due now or will become due within 45
days.
STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains
a statement to that effect, and if, after exercising any
applicable right of setoff, you owe anything to the Debtor or
hold property that belongs to the Debtor, you must do (a) or (b)
below, or both, after you file the certificate under Step 2,
depending on what you owe or hold:
(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or
hold a debt or other obligation payable in money that is due now
or will become due in 45 days, do the following:
Unless you receive a notice of claim of exemption or other
direction from the court (a document or other notice from the
clerk of the court telling you what to do with the money or
informing you that the Debtor is claiming that all or some of the
money cannot be garnished), when you send your certificate or
when the debt or other obligation becomes due, whichever is
later, make your check or other draft payable to the Creditor and
send the payment directly to the Creditor at the address shown in
Step 2.
In making payments under this writ, you may first deduct any
garnishment processing fee which you levy as permitted in ORS
29.377, and you need to prorate any wages or periodic payments,
so that you pay only the amount you owe the Debtor on the date
you receive this writ.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and
have not yet forwarded the money, send or deliver the payment
directly to the clerk of the court. You must send the payment
promptly with the Certificate of Garnishee if it is now due;
otherwise, send it when it becomes due and send the Certificate
of Garnishee as required under Step 2. If you make payment by
check or other draft, make it payable to the court. Because you
may be liable for money that does not reach the court, it is
better not to send cash by mail.
AND/OR
(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed
your certificate with the Sheriff under Step 2, do the following
even if you receive a notice of claim of exemption from the
court:
Hold subject to this garnishment the debt or property now in
your possession, control or custody until you receive written
notice from the Sheriff. The Sheriff's notice should tell you
what to do with the debt or property. If the debt or property is
not convenient for you to deliver to the Sheriff and you want the
Sheriff to come get the property, you must explain this fact on
the certificate.
If you have followed all of the steps in this writ and you
receive no notice from the Sheriff within 30 days after this writ
was delivered to you, you may treat this garnishment as being of
no further force or effect.
As long as this writ is in effect, you may be liable to the
Creditor if you pay any debt or turn over any property to the
Debtor, except the exempt portion of any wages you owe to the
Debtor unless you are otherwise directed by the court or unless
the claim or judgment for which this writ of garnishment was
given is satisfied in full.
_________________________________________________________________
EARNINGS EXEMPTION
COMPUTATION SCHEDULE
The Garnishee must complete the following form and fill in the
correct amounts only if the Garnishee is an employer of the
Debtor under ORS 23.175.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Debtor's gross weekly
'
earnings'
..............$___
2. Amounts required to be
withheld by law
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Federal and state
withholding, social
security, etc.)$___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
3. Debtor's '
disposable
earnings'
for week -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 2
from line 1... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
4. Minimum Exemption
(a) For wages payable
before June 30, $150
(b) For wages payable
before June 30, $160
(c) For wages payable
on or after July$1701993
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5. Maximum Exemption -
Enter 75 percent of$line 3
___
6. Earnings exempt
from garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Line 4 or 5,
whichever is gr$ater
___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
7. Nonexempt earnings -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 6
from line 3... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8. Amounts withheld pursuant to
a support order under
support withholding
process available under
prior law or
[{[-[
chapter 798,[-[}
[{[-[
Oregon Laws 1993[-[}
[{[+[
ORS chapter 25[+[}
..............$___
9. Earnings subject
to garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 8
from line 7... $___
_________________________________________________________________
(Case caption to be completed
by Creditor)
IN THE ______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)
Plaintiff, )CERTIFICATE OF
)GARNISHEE
)Case No.___
vs. )
)
____
, )
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: The Clerk of Court, Debtor, Creditor/Creditor's Attorney and
(if applicable) Sheriff
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Following to be completed by Garnishee)
State of ______
County of ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the __ day of _____, 19__, I had
in my possession, control or custody only the following property,
money, debts, rights, dues or credits due or to become due,
belonging or owing to the Debtor named in said Writ of
Garnishment (include due date if not yet due):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I have placed a check in front of all the following statements
that apply (more than one may apply):
_ I do not owe money to or hold personal property of the
Debtor.
_ The Writ of Garnishment does not comply on its face with
Oregon garnishment law or I am unable to determine from the
information in the writ whether I hold any property of the
Debtor. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor.
_ The writ does comply with Oregon law and I am able to
determine that I may owe money to or hold property of the
Debtor, but I am not sure what or how much it might be. I
will file an amended certificate when I find out. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I owe a debt or other obligation to the Debtor, which is not
now due but will become due within 45 days. I will forward
the money when the debt or other obligation becomes due.
_ I am holding personal property of or owe a debt or other
obligation to the Debtor other than a debt or obligation due
within 45 days. I am sending this certificate to the Sheriff
and if I receive instructions from the Sheriff within 30 days
I will follow those instructions even if I receive notice of
claim of exemption.
_ I owe a debt or other obligation to the Debtor which is now
due and I am forwarding the money owed or enough of it to
satisfy the garnishment to the Creditor.
_ (For FINANCIAL INSTITUTIONS only): I owe a debt or other
obligation to the Debtor, and the Debtor owes a debt or other
obligation to me, which I certify was due at the time I
received the Writ of Garnishment. Pursuant to ORS 29.205 (4),
I have offset the sum of $___ and applied it to the debt owed
to me, and I am forwarding the balance of the money I owe the
Debtor, or enough of it to satisfy the garnishment, to the
Creditor.
_ I am holding personal property other than money, but it is
inconvenient to deliver the property to the Sheriff. I will
hold the property until the Sheriff picks it up. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I have received a notice of claim of exemption or other
direction from the clerk of court and am forwarding funds to
the clerk of court.
_ Other (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Dated____, 19__
________
Name of Garnishee
________
Signature
________
Address
(Statutes affecting Garnishee responses include ORS 29.138,
29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285
and 29.305)
_________________________________________________________________
[{[+[ NOTE:[+[} Corrects reference to support enforcement.
SECTION 10. ORS 29.147 is amended to read:
29.147. This section establishes a form for a writ of
garnishment issued by an attorney as described in ORS 29.137 and
29.139. A writ of garnishment issued by an attorney shall be in
substantially the following form:
_________________________________________________________________
(This form is for garnishments issued under ORS 29.137 and
29.139)
IN THE ______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF _____
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
)
Plaintiff, )WRIT OF
) GARNISHMENT
)ISSUED BY
) ATTORNEY
vs. )
)Case No._____
______
, )
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE NAME OF THE STATE OF OREGON, TO:__________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following
information is to be filled in by the Creditor):
On the __ day of _____, 19__, (cross out one)
plaintiff/defendant ________, named above and called 'Creditor, '
has obtained a judgment (a court order for the payment of money)
against the (cross one out) plaintiff/defendant ________, named
above and called 'Debtor.' The Debtor's Social Security Number or
Employer Identification Number is ____ (insert if known). The
following amount is necessary to satisfy the Creditor's judgment:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
+Judgment Debt $____
+Prejudgment Interest$____
+Attorney Fees $____
+Cost Bill $____
+Post-Judgment Intere$t___
_
+Delivery Fee for thi$_Writ
___
+Sheriff's Fees other
than Delivery Fees $____
+Other (Explain. Attach
additional sheets
if necessary. NOTE: INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY SUBJECT
TO COLLECTION BY GARNISHMENT MAY
RESULT IN LIABILITY FOR WRONGFUL
EXECUTION.)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
$____
_____
$____
_____
$____
_____
$____
Total other from
additional sheet
(if used) $____
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
+Past Writ Issuance F$es__
__
+Past Delivery Fees $____
+Transcript and Filing
Fees for other coun$ies_
___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
=Subtotal $____
LESS Payments Made $(____
)
=Total Amount Required to
Satisfy in Full this
Judgment $____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE
CREDITOR.
* * *
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good
ground to support it, and all sums included above are lawfully
subject to collection by this garnishment.
__________________
Creditor's Attorney
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
_______
Address Telephone Number
__________
Oregon State Bar Number
__________
Date of Issuance
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* * *
GARNISHEE'S DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE
DEBTOR'S PROPERTY OR OWE ANYTHING TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN
REQUIRED TO DO SO, YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER
ORS 29.285 AND MAY BE HELD LIABLE TO THE CREDITOR FOR THE LESSER
OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF THE PROPERTY
YOU HOLD.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As Garnishee, you must take the following steps:
STEP 1. COMPLETE THE CERTIFICATE AND SCHEDULE.
Except where you have not received the original writ or a true
copy thereof, four additional copies of the writ and, if you are
a financial institution, a garnishee's search fee of $5, within
five days of receiving the writ, you must fill out and file the
forms below called 'Certificate of Garnishee' and, if required
(see schedule form), the 'Earnings Exemption Computation
Schedule. '
In filling out the form, you must describe any garnished
property or debts you know you have in your possession. This writ
garnishes only personal property of the Debtor you hold or debts
you owe to the Debtor as of the date you received this writ,
including debts that existed but were not yet due when you
received this writ. You file these forms by following Step 2
below.
If you have questions, you should contact an attorney. The
clerk of court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, four additional copies of
the writ and, if you are a financial institution, a garnishee's
search fee of $5, the garnishment is not effective to garnish any
property, you are not required to respond by filing the
garnishee's certificate and you may deal with any property of the
Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you hold any property or owe any debt
to the Debtor, the writ does not garnish anything, but you must
fill out the certificate anyway and follow Step 2. Keep a copy
for your records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been
filed by or on behalf of the Debtor under section 301, 302 or 303
of the United States Bankruptcy Code (11 U.S.C. �� 101 to 1330),
you must describe in your certificate any garnished property or
debts that you know that you have in your possession, and note on
the certificate that a bankruptcy petition has been filed.
If the writ does comply with Oregon law and you can tell that
you may hold property of or owe a debt to the Debtor but you are
not sure what or how much, you must fill out the certificate
anyway and explain why. You must then follow Step 2. When you
find out whether or what you do owe the Debtor, you should amend
the certificate, even if you find out you do not owe the Debtor
anything. Follow Step 2 again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe anything to the Debtor or hold property that belongs to
the Debtor.
STEP 2. FILE THE CERTIFICATE AND SCHEDULE.
Within five days of receiving this writ, you must send all of
the following (information to be filled in by Creditor):
A copy of the certificate and schedule form to the Creditor at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State _____
Zip Code ____
Telephone number _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
The original certificate and schedule form to the clerk of
(cross one out) district/circuit court of ______ County at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Street address __________
City _____
County _____
State _____
Zip Code ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate and schedule form to the Debtor at
(last known address):
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State _____
Zip Code ____
Telephone number (if known) ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate to the Sheriff of the county where
this writ was delivered to you. You will need to look up this
address. You are required to send a copy to the Sheriff only if
you hold personal property of the Debtor or owe a debt or other
obligation payable to the Debtor other than a debt or other
obligation payable in money that is due now or will become due
within 45 days.
However, if you, after exercising any applicable right of
setoff, have no property of the Debtor and owe no debt to the
Debtor, you are only required to send your certificate to the
Creditor at the address shown above. You do not have to send
anything to the clerk or the Debtor.
STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.
[{[+[ Unless you have discovered that a bankruptcy petition has
been filed by or on behalf of the Debtor and your certificate
contains a statement to that effect, and[+[} if, after exercising
any applicable right of setoff, you owe anything to the Debtor or
hold property that belongs to the Debtor, you must do (a) or (b)
below, or both, after you file the certificate under Step 2,
depending on what you owe or hold:
(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. [{[-[Unless
you have discovered that a bankruptcy petition has been filed by
or on behalf of the Debtor and your certificate contains a
statement to that effect, and if, after exercising any applicable
right of setoff,[-[} [{[+[If[+[} you owe or hold a debt or other
obligation payable in money that is due now or will become due in
45 days, do the following:
Unless you receive a notice of claim of exemption or other
direction from the court (a document or other notice from the
clerk of the court telling you what to do with the money or
informing you that the Debtor is claiming that all or some of the
money cannot be garnished), when you send your certificate or
when the debt or other obligation becomes due, whichever is
later, make your check or other draft payable to the Creditor and
send the payment directly to the Creditor at the address shown in
Step 2.
In making payments under this writ, you may first deduct any
garnishment processing fee which you levy as permitted in ORS
29.377, and you need to prorate any wages or periodic payments so
that you pay only the amount you owe the Debtor on the date you
receive this writ.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and
have not yet forwarded the money, send or deliver the payment
directly to the clerk of the court. You must send the payment
promptly with the Certificate of Garnishee if it is now due;
otherwise, send it when it becomes due and send the Certificate
of Garnishee as required under Step 2. If you make payment by
check or other draft, make it payable to the court. Because you
may be liable for money that does not reach the court, it is
better not to send cash by mail.
AND/OR
(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed
your certificate with the Sheriff under Step 2, do the following
even if you receive a notice of claim of exemption from the
court:
Hold subject to this garnishment the debt or property now in
your possession, control or custody until you receive written
notice from the Sheriff. The Sheriff's notice should tell you
what to do with the debt or property. If the debt or property is
not convenient for you to deliver to the Sheriff and you want the
Sheriff to come get the property, you must explain this fact on
the certificate.
If you have followed all of the steps in this writ and you
receive no notice from the Sheriff within 30 days after this writ
was delivered to you, you may treat this garnishment as being of
no further force or effect.
As long as this writ is in effect, you may be liable to the
Creditor if you pay any debt or turn over any property to the
Debtor, except the exempt portion of any wages you owe to the
Debtor unless you are otherwise directed by the court or unless
the claim or judgment for which this Writ of Garnishment was
given is satisfied in full.
_________________________________________________________________
EARNINGS EXEMPTION COMPUTATION SCHEDULE
The Garnishee must complete the following form and fill in the
correct amounts only if the Garnishee is an employer of the
Debtor under ORS 23.175.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Debtor's gross weekly
'
earnings'
..............$___
2. Amounts required to be
withheld by law
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Federal and state
withholding, social
security, etc.)$___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
3. Debtor's '
disposable
earnings'
for week -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 2
from line 1... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
4. Minimum Exemption
(a) For wages payable
before June 30, $150
(b) For wages payable
before June 30, $160
(c) For wages payable
on or after July$1701993
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5. Maximum Exemption -
Enter 75 percent
of line 3......... $___
6. Earnings exempt
from garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Line 4 or 5,
whichever is
greater....... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
7. Nonexempt earnings -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 6
from line 3... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8. Amounts withheld pursuant
to a support order under
support withholding
process available under
prior law or [{[-[
chapter 798,
Oregon Laws 1993[-[}
[{[+[
ORS chapter 25[+[}
..............$___
9. Earnings subject
to garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 8
from line 7... $___
_________________________________________________________________
(Case caption to be completed by Creditor)
IN THE ______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)
Plaintiff, )CERTIFICATE OF
)GARNISHEE
vs. )
)
____
, )Case No.___
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: The Clerk of Court, Creditor's Attorney, Debtor and (if
applicable) Sheriff
(Following to be completed by Garnishee)
State of ______
County of ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the __ day of ____, 19__, I had
in my possession, control or custody only the following property,
money, debts, rights, dues or credits due or to become due,
belonging or owing to the Debtor named in the Writ of Garnishment
(include due date if not yet due):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I have placed a check in front of all the following statements
that apply (more than one may apply):
_ I do not owe money to or hold personal property of the
Debtor.
_ The Writ of Garnishment does not comply on its face with
Oregon garnishment law or I am unable to determine from the
information in the writ whether I hold any property of the
Debtor. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor.
_ The writ does comply with Oregon law and I am able to
determine that I may owe money to or hold property of the
Debtor, but I am not sure what or how much it might be. I
will file an amended certificate when I find out. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I owe a debt or other obligation to the Debtor, which is not
now due but will become due within 45 days. I will forward
the money when the debt or other obligation becomes due.
_ I am holding personal property of or owe a debt or other
obligation to the Debtor other than a debt or obligation due
within 45 days. I am sending this certificate to the Sheriff
and if I receive instructions from the Sheriff within 30 days
I will follow those instructions even if I receive notice of
claim of exemption.
_ I owe a debt or other obligation to the Debtor which is now
due and I am forwarding the money owed or enough of it to
satisfy the garnishment to the Creditor.
_ (For FINANCIAL INSTITUTIONS only):
I owe a debt or other obligation to the Debtor, and the
Debtor owes a debt or other obligation to me, which I certify
was due at the time I received the Writ of Garnishment.
Pursuant to subsection (4) of ORS 29.205, I have offset the
sum of $__ and applied it to the debt owed to me, and I am
forwarding the balance of the money I owe the Debtor, or
enough of it to satisfy the garnishment, to the Creditor.
_ I am holding personal property other than money, but it is
inconvenient to deliver the property to the Sheriff. I will
hold the property until the Sheriff picks it up. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I have received a notice of claim of exemption and am
forwarding funds to the clerk of court.
_ Other (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Dated ____, 19__
________
Name of Garnishee
________
Signature
________
Address
(Statutes affecting Garnishee responses include ORS 29.139,
29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285
and 29.305)
_________________________________________________________________
[{[+[ NOTE:[+[} Standardizes language in form for writ of
garnishment; corrects reference to support enforcement.
SECTION 11. ORS 29.411 is amended to read:
29.411. This section establishes a form for a writ of
continuing garnishment described in ORS 29.401 to 29.415 and
issued by the clerk of the court as described in ORS 29.137 and
29.138. A writ of continuing garnishment issued by the clerk of
the court shall be in substantially the following form:
_________________________________________________________________
(This form is for garnishments issued under ORS 29.137, 29.138
and 29.401 to 29.415.)
THIS IS A WRIT OF CONTINUING GARNISHMENT
IN THE ______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, Plaintiff, )
)
)WRIT OF
)CONTINUING
)GARNISHMENT
vs. )ISSUED BY THE
)COURT CLERK
)Case No.___
____
, Defendant. )
)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE NAME OF THE STATE OF OREGON, TO:__________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (The following
information is to be filled in by the Creditor.):
On the __ day of ___, 19__, (cross out one) plaintiff/defendant
________, named above and called 'Creditor, ' obtained a judgment
(a court order for the payment of money) against the (cross one
out) plaintiff/defendant ______, named above and called 'Debtor.'
The Debtor's Social Security Number or Employer Identification
Number is __________ (insert if known). The following amount is
necessary to satisfy the Creditor's claim or judgment:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
+Claim or Judgment De$t___
_
+Prejudgment Interest$____
+Attorney Fees $____
+Cost Bill $____
+Post-Judgment Intere$t___
_
+Delivery Fee for thi$_Writ
___
+Issuance Fee for thi$_Writ
___
+Sheriff's Fees other
than Delivery Fees $____
+Other (Explain. Attach
additional sheets
if necessary. NOTE: INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY SUBJECT
TO COLLECTION BY GARNISHMENT MAY
RESULT IN LIABILITY FOR WRONGFUL
EXECUTION.)
_____
$____
_____
$____
_____
$____
_____
$____
Total other from
additional sheet
(if used) $____
+Past Writ Issuance F$es__
__
+Past Delivery Fees $____
+Transcript and Filing
Fees for other coun$ies_
___
=Subtotal $____
LESS Payments Made $(____
)
=TOTAL Amount Required to
Satisfy in Full this Claim
or Judgment $____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE
CREDITOR.
* * *
Witness the hand and seal of the court on this __ day of _____
, 19___.
CLERK OF THE COURT
By________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oreg)n
) ss.
County of___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I certify that the foregoing is a true and correct copy of the
original Writ of Garnishment in the above-entitled case.
CLERK OF THE COURT
By________
_________________________________________________________________
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good
ground to support it and all sums included above are lawfully
subject to collection by this garnishment.
________________
Creditor/Creditor's Attorney (or Agent)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
_______
Address Telephone Number
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_______________
Oregon State Bar Number (if applicable)
* * *
GARNISHEE'S DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE
DEBTOR'S WAGES OR OWE ANY WAGES TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE WAGES WHEN REQUIRED
TO DO SO, YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS
29.285 AND MAY BE HELD LIABLE TO THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As a Garnishee, you must take the following steps:
STEP 1. COMPLETE THE CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must fill out and
file the forms below called 'Certificate of Garnishee' and, if
you pay wages (see schedule form), the 'Earnings Exemption
Computation Schedule. '
In filling out the form, you must describe any garnished wages
you know you have in your possession. This writ garnishes only
wages you owe to the Debtor as of the date you received this writ
and wages that accrue on or before 90 days after the date this
writ is issued, including wages owed but not yet due when you
received this writ. You file these forms by following Step 2
below.
If you receive a subsequent Writ of Garnishment while another
Writ of Garnishment is in effect, you should check the
appropriate space in the Certificate of Garnishee and file the
certificate as provided in Step 2.
If you have questions, you should contact an attorney. The
clerk of the court cannot give you legal advice.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you owe any wages to the Debtor, the
writ does not garnish anything, but you must fill out the
certificate anyway and follow Step 2. Keep a copy for your
records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been
filed by or on behalf of the Debtor under section 301, 302 or 303
of the United States Bankruptcy Code (11 U.S.C. �� 101 to 1330),
you must describe in your certificate any garnished property or
debts that you know that you have in your possession, and note on
the certificate that a bankruptcy petition has been filed.
If the writ does comply with Oregon law and you can tell that
you may owe wages to the Debtor but you are not sure what or how
much, you must fill out the certificate anyway and explain why.
You must then follow Step 2. When you find out whether or what
you do owe the Debtor, you should amend the certificate, even if
you find out you do not owe the Debtor anything. Follow Step 2
again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe any wages to the Debtor.
STEP 2. FILE THE CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must send all of
the following (information to be filled in by Creditor):
The original certificate and schedule form to the clerk of the
(cross one out) district/circuit court of ___ County at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Street address ____________
City _____
County _____
State _____
Zip Code _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate and schedule form to the Debtor at
(last known address):
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State ______
Zip Code ______
Telephone number (if known) _______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate and schedule form to the Creditor at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State ______
Zip Code ______
Telephone number _______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
STEP 3. DELIVER THE FUNDS.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains
a statement to that effect, you must do the following after you
file the certificate under Step 2 if you owe wages to the Debtor
or will owe wages to the Debtor within 90 days after this writ is
issued.
If you owe wages payable in money that are due now or will
accrue within 90 days after the issuance of this writ, unless you
receive a notice of claim of exemption or other direction from
the court (a document or other notice from the clerk of the court
telling you what to do with the money or informing you that the
Debtor is claiming that all or some of the money cannot be
garnished), when you send your certificate, at the end of each
pay period within the 90-day period and at the end of the 90-day
period, make your check or other draft payable to the Creditor
and send the payment directly to the Creditor at the address
shown in Step 2.
In making payments under this writ, you need to prorate any
wages or periodic payments, so that you pay only the amount you
owe the Debtor on the date you receive this writ, at the end of
each pay period within the 90-day period and at the end of the
90-day period.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and
have not yet forwarded the money, send or deliver the payment
directly to the clerk of the court. You must send the payment
promptly with the Certificate of Garnishee if it is now due;
otherwise, send it at the end of each pay period within the
90-day period and at the end of the 90-day period and send the
Certificate of Garnishee as required under Step 2. If you make
payment by check or other draft, make it payable to the court.
Because you may be liable for money that does not reach the
court, it is better not to send cash by mail.
_________________________________________________________________
EARNINGS EXEMPTION
COMPUTATION SCHEDULE
The Garnishee must complete the following form and fill in the
correct amounts only if the Garnishee is an employer of the
Debtor under ORS 23.175.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Debtor's gross weekly
'
earnings'
.............$___
2. Amounts required to be
withheld by law
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Federal and state
withholding, social
security, etc.)$___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
3. Debtor's '
disposable
earnings'
for week -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 2
from line 1... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
4. Minimum Exemption
(a) For wages payable
before June 30, $150
(b) For wages payable
before June 30, $160
(c) For wages payable
on or after July$1701993
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5. Maximum Exemption -
Enter 75 percent of
line 3............ $___
6. Earnings exempt
from garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Line 4 or 5,
whichever is
greater....... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
7. Nonexempt earnings -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 6
from line 3... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8. Amounts withheld pursuant
to a support order under
support withholding
process available under
prior law or [{[-[
chapter 798,
Oregon Laws 1993[-[}
[{[+[
ORS chapter 25[+[}
.............$___
9. Earnings subject
to garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 8
from line 7... $___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(Case caption to be completed by Creditor)
IN THE ______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, Plaintiff, )
)CERTIFICATE OF
)CONTINUING
)GARNISHEE
)Case No.___
vs. )
)
____
, Defendant. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: The Clerk of the Court, Debtor and Creditor/Creditor's
Attorney
(Following to be completed by Garnishee)
State of ______
County of ______
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the __ day of _____, 19__, I had
in my possession, control or custody only the following wages due
or to become due, belonging or owing to the Debtor named in said
Writ of Garnishment (include due date if not yet due):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I have placed a check in front of all the following statements
that apply (more than one may apply):
_ I do not owe wages to the Debtor.
_ The Writ of Garnishment does not comply on its face with
Oregon garnishment law or I am unable to determine from the
information in the writ whether I owe any wages to the
Debtor. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor.
_ The writ does comply with Oregon law and I am able to
determine that I may owe wages to the Debtor, but I am not
sure what or how much it might be. I will file an amended
certificate when I find out. (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_ I have been served with a previous Writ of Garnishment
against the wages I owe or will owe to the Debtor. Under
Oregon law, the previous garnishment has priority. It is
expected to terminate on ____.
_ I will owe wages to the Debtor, which are not now due but
will become due within 90 days from the date of the issuance
of the writ of continuing garnishment. I will forward the
money when the debt or other obligation becomes due.
_ I owe wages to the Debtor which are now due and I am
forwarding the money owed or enough of it to satisfy the
garnishment to the Creditor.
_ I have received a notice of claim of exemption or other
direction from the clerk of court and am forwarding funds to
the clerk of court.
_ Other (Explain)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Dated__, 19_
________
Name of Garnishee
________
Signature
________
Address
(Statutes affecting Garnishee responses include ORS 29.138,
29.142, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285, 29.305
and 29.405.)
_________________________________________________________________
[{[+[ NOTE:[+[} Corrects reference to support enforcement.
SECTION 12. ORS 34.040 is amended to read:
34.040. [{[+[(1)[+[} The writ shall be allowed in all cases
[{[-[where the[-[} [{[+[in which a substantial interest of a
plaintiff has been injured and an[+[} inferior court including a
district court, officer, or tribunal other than an agency as
defined in ORS 183.310 (1) in the exercise of judicial or
quasi-judicial functions appears to have:
[{[-[(1)[-[} [{[+[(a)[+[} Exceeded its jurisdiction;
[{[-[(2)[-[} [{[+[(b)[+[} Failed to follow the procedure
applicable to the matter before it;
[{[-[(3)[-[} [{[+[(c)[+[} Made a finding or order not
supported by substantial evidence in the whole record;
[{[-[(4)[-[} [{[+[(d)[+[} Improperly construed the applicable
law; or
[{[-[(5)[-[} [{[+[(e)[+[} Rendered a decision that is
unconstitutional [{[-[, to the injury of some substantial
interest of the plaintiff, and not otherwise[-[} .
[{[+[ (2)[+[} The fact that the right of appeal exists is no
bar to the issuance of the writ.
[{[+[ NOTE:[+[} Clarifies intent and eliminates blank line
printing format and reformats text.
SECTION 13. ORS 52.130 is amended to read:
52.130. Whenever it appears to the justice that any process or
order authorized to be issued or made will not be served for want
of an officer, the justice may appoint any other person
authorized by ORS 52.120, to serve it. Such an appointment may be
made by an indorsement on the process or order, in substantially
the following form and signed by the justice with the name of the
office of the justice: [{[-[ ' I hereby appoint A B to serve
within process or order,' as the case may be.[-[}
_________________________________________________________________
[{[+[ I hereby appoint A B to serve the within process or
order.[+[}
_________________________________________________________________
[{[+[ NOTE:[+[} Simplifies format.
SECTION 14. ORS 52.180 is amended to read:
52.180. [{[+[(1)[+[} The undertaking may be substantially in
the following form: [{[-[ ' I, A B,' or 'We, A B and C D,
undertake to pay E F, the defendant in this action, all
disbursements that may be adjudged to E F in this action.'[-[}
_________________________________________________________________
[{[+[ ' I, A B,' or 'We, A B and C D, undertake to pay E F, the
defendant in this action, all disbursements that may be adjudged
to E F in this action.'[+[}
_________________________________________________________________
[{[+[ (2)[+[} The sureties must possess the qualifications of
bail upon arrest, and, if required by the defendant, must justify
in a sum not less than $50. A deposit with the justice of such
sum as the justice may deem sufficient shall be equivalent to
giving the required undertaking. If the undertaking or deposit in
lieu thereof is not given or made by the time the action is at
issue and ready for trial on a question of fact, the justice must
dismiss the action as for want of prosecution.
[{[+[ NOTE:[+[} Simplifies format.
SECTION 15. ORS 62.415 is amended to read:
62.415. (1) The net proceeds or savings of a cooperative shall
be apportioned, distributed and paid periodically to those
persons entitled to receive them, at such times and in such
reasonable manner as the bylaws shall provide; except that net
proceeds or savings on patronage of the cooperative by its
members shall be apportioned and distributed among those members
in accordance with the ratio which each member's patronage during
the period involved bears to total patronage by all members
during that period. The bylaws may contain any reasonable
provisions for the apportionment and charging of net losses. For
the purposes of this section work performed as a member of a
workers' cooperative shall be deemed to be patronage of that
cooperative.
(2) The apportionment, distribution and payment of net proceeds
or savings required by subsection (1) of this section may be in
cash, credits, capital stock, certificates of interest, revolving
fund certificates, letters of advice or other securities or
certificates issued by the cooperative or by any affiliated
domestic or foreign cooperative association whether or not
incorporated under this chapter.
(3) Apportionment and distribution of its net proceeds or
savings or net losses may be separately determined for, and be
based upon patronage of, single or multiple pools, particular
departments of the cooperative, or as to particular commodities,
supplies or services, or such apportionment and distribution may
be based upon classification of patronage according to the type
thereof.
(4) A cooperative may provide in its bylaws:
(a) The minimum amount of any single patronage
transaction[{[+[;[+[}
[{[-[,[-[} and
(b) The minimum aggregate amount of patronage transactions by
any patron during the fiscal year of the cooperative[{[+[.
(5) Any amount described in subsection (4) of this section[+[}
[{[-[which[-[} shall be taken into account for the purpose of
participation in allocation and distribution of net proceeds or
savings or net losses under this section.
[{[-[(5)[-[} [{[+[(6)[+[} For the purposes of this section
net proceeds or savings or net losses shall be computed in
accordance with generally accepted accounting principles
applicable to cooperative corporations, and after deducting from
gross proceeds or savings any dividends paid upon capital stock.
[{[+[ NOTE:[+[} Corrects punctuation; eliminates blank line
printing format and reformats text.
SECTION 16. ORS 62.720 is amended to read:
62.720. (1) All intangible personal property distributable in
the course of a voluntary or involuntary dissolution of a
cooperative that is unclaimed by the owner within two years after
the date for final distribution is presumed abandoned. Such
property shall be subject to the provisions of ORS 98.302 to
98.436 and 98.992, except that with respect to agricultural
cooperatives, the report of unclaimed property shall be filed
with the Division of State Lands as set forth in ORS 98.352. A
copy of the report shall also be filed with the State Board of
Higher Education.
(2) All unclaimed property specified in the report required by
ORS 98.352 shall be delivered within the time specified in ORS
98.362 to the Division of State Lands which shall assume custody
and shall be responsible for the safekeeping thereof. The
division shall reconcile the report to the delivered funds,
deduct the costs as provided for in subsection (3) of this
section, and forward the funds to the State Board of Higher
Education within 14 working days of receipt of the funds. Any
person who pays or delivers unclaimed property to the Division of
State Lands under this section is relieved of all liability to
the extent of the value of the property so paid or delivered for
any claim which then exists or which thereafter may arise or be
made in respect to the property.
(3) All funds received under this section shall be used for the
benefit of Oregon State University in such programs related to
agricultural research as the university may determine except for:
(a) The payment of claims which may be made pursuant to this
section; and
(b) The payment of expenses of mailing and publication in
connection with any unclaimed property, reasonable service
charges and expenses of the Division of State Lands in connection
with claims made pursuant to ORS 98.392 to 98.402.
(4) The provisions of ORS 98.392 to 98.402 are applicable to
claims against unclaimed property delivered to the State Board of
Higher Education pursuant to this section. The State Board of
Higher Education shall pay such claims from funds delivered to it
pursuant to this section within 30 days of receipt of a verified
copy of a finding and decision of the Division of State Lands
made pursuant to ORS 98.396 or a certified copy of a judgment
made pursuant to ORS 98.402.
(5) As used in this section, an agricultural cooperative is any
cooperative in which farmers act together in producing,
processing, preparing for market, handling or marketing the
agricultural products of such farmers, and any cooperative in
which farmers act together in purchasing, [{[-[texting[-[} [{[+[
testing[+[}, grading, processing, distributing and furnishing
farm supplies or farm business services.
(6) The provisions of this section are applicable with respect
to the voluntary or involuntary dissolution of any cooperative,
which dissolution commenced on or after January 1, 1970.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 17. ORS 63.034 is amended to read:
63.034. (1) Except as provided in subsection (3) of this
section, notice under this chapter shall be in writing unless
oral notice is specifically permitted under the circumstances by
the articles of organization or any operating agreement.
(2) Notice may be communicated in person, by telephone,
facsimile, telegraph, teletype or other form of wire or wireless
communication, or by mail or private carrier.
(3) Written notice by a domestic or foreign limited liability
company to a member or manager, if in a comprehensible form, is
effective when mailed if it is mailed postpaid and is correctly
addressed to the member's address shown in the limited liability
company's current record of members or the manager's address
shown in the limited liability company's records. All notices
required by this chapter by a limited liability company to its
members shall be in writing.
(4) Written notice to a domestic limited liability company or
to a foreign limited liability company authorized to transact
business in this state may be addressed to its registered agent
at its registered office or to the domestic or foreign limited
liability company or its manager or managers at its principal
office or mailing address as shown in the records of the office.
(5) Except as provided in subsection (3) of this section, or
unless the articles of organization or any operating agreement
provides otherwise for notices to managers, written notice, if in
a comprehensible form, is effective at the earliest of the
following:
(a) When received;
(b) Five days after [{[-[its deposit[-[} [{[+[it is
deposited[+[} in the United States mail, as evidenced by the
postmark, if mailed postpaid and correctly addressed; or
(c) On the date shown on the return receipt, if sent by
registered or certified mail, return receipt requested, and the
receipt is signed by or on behalf of the addressee.
(6) Oral notice is effective when communicated if communicated
in a comprehensible manner.
(7) If this chapter prescribes notice requirements for
particular circumstances, those requirements govern. If articles
of organization or any operating agreement prescribes notice
requirements not inconsistent with this section or other
provisions of this chapter, those requirements govern.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 18. ORS 63.160 is amended to read:
63.160. (1) The articles of organization or any operating
agreement may eliminate or limit the personal liability of a
manager to the limited liability company or its members for
monetary damages for conduct as a manager to the same extent as
permitted in ORS 60.387 to 60.414, and in addition, may provide
for indemnification of any member who is not a manager to the
same extent indemnification is permitted in ORS 60.387 to 60.414
for an officer who is not a director. However, no such provision
shall eliminate or limit the liability of a manager for any act
of omission occurring prior to the date when such provision
became effective and no such provision shall eliminate or limit
the liability of a manager for:
(a) Any breach of a manager's duty of loyalty to the limited
liability company or its members;
(b) Acts or omissions not in good faith which involve
intentional misconduct or a knowing violation of law;
(c) Any unlawful distribution under ORS 63.235; or
(d) Any transaction from which the manager derives an improper
personal benefit.
(2) For purposes of this section's application of provisions in
ORS chapter 60 to limited liability companies:
(a) 'Articles of incorporation' means articles of organization.
(b) 'Bylaws' means any operating agreement.
(c) 'Corporation' means any limited liability company.
(d) 'Director' means any manager and 'board of directors '
means the managers.
(e) 'Shareholder' means any member.
(f) [{[-[References to ORS 60.047 (2)(d) refer to subsection
(1) of this section[-[} [{[+[The reference to ORS 60.047 (2)(d)
in ORS 60.414 shall be considered to be a reference to subsection
(1) of this section[+[}.
[{[+[ NOTE:[+[} Clarifies reference.
SECTION 19. ORS 68.120 is amended to read:
68.120. In determining whether a partnership exists, these
rules shall apply:
(1) Except as provided by ORS 68.280 persons who are not
partners as to each other are not partners as to third persons.
(2) Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property, or part ownership
does not of itself establish a partnership, whether such coowners
do or do not share any profits made by the use of the property.
(3) The sharing of gross returns does not of itself establish a
partnership, whether or not the persons sharing them have a joint
or common right or interest in any property from which the
returns are derived.
(4) The receipt by a person of a share of the profits of
business is prima facie evidence that the person is a partner in
the business, but no such inference shall be drawn if such
profits were received in payment:
(a) As a debt by installment or otherwise;
(b) As wages of an employee or rent to a landlord;
(c) As an annuity to a widow or representative of a deceased
partner;
(d) As interest on a loan, though the amount of payment varies
with the profits of the business; [{[+[or[+[}
(e) As the consideration for the sale of the good will of a
business or other property by installments or otherwise.
[{[+[ NOTE:[+[} Adds connecting word.
SECTION 20. ORS 71.2010 is amended to read:
71.2010. Subject to additional definitions contained in other
sections of the Uniform Commercial Code which are applicable to a
specific series of sections, and unless the context otherwise
requires, in the Uniform Commercial Code:
(1) 'Action' in the sense of a judicial proceeding includes
recoupment, counterclaim, setoff, suit in equity and any other
proceedings in which rights are determined.
(2) 'Aggrieved party' means a party entitled to resort to a
remedy.
(3) 'Agreement' means the bargain of the parties in fact as
found in their language or by implication from other
circumstances including course of dealing or usage of trade or
course of performance as provided in ORS 71.2050 and 72.2080.
Whether an agreement has legal consequences is determined by the
provisions of the Uniform Commercial Code, if applicable;
otherwise by the law of contracts as specified in ORS 71.1030.
(4) 'Bank' means any person engaged in the business of banking.
(5) 'Bearer' means the person in possession of an instrument,
document of title or security payable to bearer or indorsed in
blank.
(6) 'Bill of lading' means a document evidencing the receipt of
goods for shipment issued by a person engaged in the business of
transporting or forwarding goods, and includes an airbill.
'Airbill' means a document serving for air transportation as a
bill of lading does for marine or rail transportation, and
includes an air consignment note or air waybill.
(7) 'Branch' includes a separately incorporated foreign branch
of a bank.
(8) 'Burden of establishing' a fact means the burden of
persuading the triers of fact that the existence of the fact is
more probable than its nonexistence.
(9) 'Buyer in ordinary course of business' means a person who
in good faith and without knowledge that the sale to the person
is in violation of the ownership rights or security interest of a
third party in the goods buys in ordinary course from a person in
the business of selling goods of that kind but does not include a
pawnbroker. All persons who sell minerals or the like (including
oil and gas) at wellhead or minehead shall be deemed to be
persons in the business of selling goods of that kind. 'Buying'
may be for cash or by exchange of other property or on secured or
unsecured credit and includes receiving goods or documents of
title under a preexisting contract for sale but does not include
a transfer in bulk or as security for or in total or partial
satisfaction of a money debt.
(10) 'Conspicuous': A term or clause is conspicuous when it is
so written that a reasonable person against whom it is to operate
ought to have noticed it. A printed heading in capitals (as:
NONNEGOTIABLE BILL OF LADING) is conspicuous. Language in the
body of a form is 'conspicuous' if it is in larger or other
contrasting type or color. But in a telegram any stated term is '
conspicuous.' Whether a term or clause is 'conspicuous' or not is
for decision by the court.
(11) 'Contract' means the total legal obligation which results
from the parties' agreement as affected by the Uniform Commercial
Code and any other applicable rules of law.
(12) 'Creditor' includes a general creditor, a secured
creditor, a lien creditor and any representative of creditors,
including an assignee for the benefit of creditors, a trustee in
bankruptcy, a receiver in equity and an executor or administrator
of an insolvent debtor's or assignor's estate.
(13) 'Defendant' includes a person in the position of defendant
in a cross action or counterclaim.
(14) 'Delivery' with respect to instruments, documents of
title, chattel paper or certificated securities means voluntary
transfer of possession.
(15) 'Document of title' includes bill of lading, dock warrant,
dock receipt, warehouse receipt or order for the delivery of
goods, and also any other document which in the regular course of
business or financing is treated as adequately evidencing that
the person in possession of it is entitled to receive, hold and
dispose of the document and the goods it covers. To be a document
of title a document must purport to be issued by or addressed to
a bailee and purport to cover goods in the bailee's possession
which are either identified or are fungible portions of an
identified mass.
(16) 'Fault' means wrongful act, omission or breach.
(17) 'Fungible' with respect to goods or securities means goods
or securities of which any unit is, by nature or usage of trade,
the equivalent of any other like unit. Goods which are not
fungible shall be deemed fungible for the purposes of the Uniform
Commercial Code to the extent that under a particular agreement
or document unlike units are treated as equivalents.
(18) 'Genuine' means free of forgery or counterfeiting.
(19) 'Good faith' means honesty in fact in the conduct or
transaction concerned.
(20) 'Holder' means:
(a) With respect to a negotiable instrument, the person in
possession of the negotiable instrument if:
(A) The instrument is payable to bearer; or
(B) The instrument is payable to an identified person, and the
identified person is in possession.
(b) With respect to a document of title, the person in
possession of the document of title if the goods are deliverable
to bearer or to the order of the person in possession.
(21) To 'honor' is to pay or to accept and pay, or where a
credit so engages to purchase or discount a draft complying with
the terms of the credit.
(22) 'Insolvency proceedings' includes any assignment for the
benefit of creditors or other proceedings intended to liquidate
or rehabilitate the estate of the person involved.
(23) A person is 'insolvent' who either has ceased to pay the
person's debts in the ordinary course of business or cannot pay
the person's debts as they become due or is insolvent within the
meaning of the federal bankruptcy law.
(24) 'Money' means a medium of exchange authorized or adopted
by a domestic or foreign government and includes a monetary unit
of account established by an intergovernmental organization or by
agreement between two or more nations.
(25) A person has 'notice' of fact when:
(a) The person has actual knowledge of it;
(b) The person has received a notice or notification of it; or
(c) From all the facts and circumstances known to the person at
the time in question the person has reason to know that it
exists.
A person 'knows' or has 'knowledge' of a fact when the person has
actual knowledge of it. 'Discover' or 'learn' or a word or phrase
of similar import refers to knowledge rather than to reason to
know. The time and circumstances under which a notice or
notification may cease to be effective are not determined by the
Uniform Commercial Code.
(26) A person 'notifies' or 'gives' a notice or notification to
another by taking such steps as may be reasonably required to
inform the other in ordinary course whether or not such other
actually comes to know of it. A person 'receives' a notice or
notification when:
(a) It comes to the person's attention; or
(b) It is duly delivered at the place of business through which
the contract was made or at any other place held out by the
person as the place for receipt of such communications.
(27) Notice, knowledge or a notice or notification received by
an organization is effective for a particular transaction from
the time when it is brought to the attention of the individual
conducting that transaction, and in any event from the time when
it would have been brought to the individual's attention if the
organization had exercised due diligence.
(28) 'Organization' includes a corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, or any other legal or commercial
entity.
(29) 'Party,' as distinct from 'third party,' means a person
who has engaged in a transaction or made an agreement within the
Uniform Commercial Code.
(30) 'Person' includes an individual or an organization.
(31) 'Presumption' or 'presumed' means that the trier of fact
must find the existence of the fact presumed unless and until
evidence is introduced which would support a finding of its
nonexistence.
(32) 'Purchase' includes taking by sale, discount, negotiation,
mortgage, pledge, lien, issue or reissue, gift or any other
voluntary transaction creating an interest in property.
(33) 'Purchaser' means a person who takes by purchase.
(34) 'Remedy' means any remedial right to which an aggrieved
party is entitled with or without resort to a tribunal.
(35) 'Representative' includes an agent, an officer of a
corporation or association, and a trustee, executor or
administrator of an estate, or any other person empowered to act
for another.
(36) 'Rights' includes remedies.
(37)(a) 'Security interest' means an interest in personal
property or fixtures which secures payment or performance of an
obligation. The retention or reservation of title by a seller of
goods notwithstanding shipment or delivery to the buyer is
limited in effect to a reservation of a 'security interest.' The
term also includes any interest of a buyer of accounts or chattel
paper which is subject to ORS 79.1010 to 79.5070 and 79.8010. The
special property interest of a buyer of goods on identification
of such goods to a contract for sale under ORS 72.4010 is not a '
security interest,' but a buyer may also acquire a 'security
interest' by complying with ORS 79.1010 to 79.5070 and 79.8010.
Unless a lease or consignment is intended as security,
reservation of title thereunder is not a 'security interest' but
a consignment is in any event subject to the provisions on
consignment sales. Whether a transaction creates a lease or
security interest is determined by the facts of each case;
however, a transaction creates a security interest if the
consideration the lessee is to pay the lessor for the right to
possession and use of the goods is an obligation for the term of
the lease not subject to termination by the lessee and:
(A) The original term of the lease is equal to or greater than
the remaining economic life of the goods;
(B) The lessee is bound to renew the lease for the remaining
economic life of the goods or is bound to become the owner of the
goods;
(C) The lessee has an option to renew the lease for the
remaining economic life of the goods for no additional
consideration or nominal additional consideration upon compliance
with the lease agreement; or
(D) The lessee has an option to become the owner of the goods
for no additional consideration or nominal additional
consideration upon compliance with the lease agreement.
(b) A transaction does not create a security interest merely
because it provides that:
(A) The present value of the consideration the lessee is
obligated to pay the lessor for the right to possession and use
of the goods is substantially equal to or is greater than the
fair market value of the goods at the time the lease is entered
into;
(B) The lessee assumes risk of loss of the goods, or agrees to
pay taxes, insurance, filing, recording or registration fees, or
service or maintenance costs with respect to the goods;
(C) The lessee has an option to renew the lease or to become
the owner of the goods;
(D) The lessee has an option to renew the lease for a fixed
rent that is equal to or greater than the reasonably predictable
fair market rent for the use of the goods for the term of the
renewal at the time the option is to be performed; or
(E) The lessee has an option to become the owner of the goods
for a fixed price that is equal to or greater than the reasonably
predictable fair market value of the goods at the time the option
is to be performed.
(c) For purposes of this subsection:
(A) 'Additional consideration' is not nominal if, when the
option to renew the lease is granted to the lessee, the rent is
stated to be the fair market rent for the use of the goods for
the term of the renewal determined at the time the option is to
be performed, or when the option to become the owner of the goods
is granted to the lessee the price is stated to be the fair
market value of the goods determined at the time the option is to
be performed. 'Additional consideration' is nominal if it is less
than the lessee's reasonably predictable cost of performing under
the lease agreement if the option is not exercised;
(B) 'Present value' means the amount as of a date certain of
one or more sums payable in the future, discounted to the date
certain. The discount is determined by the interest rate
specified by the parties if the rate is not manifestly
unreasonable at the time the transaction is entered into,
otherwise, the discount is determined by a commercially
reasonable rate that takes into account the facts and
circumstances of each case at the time the transaction was
entered into; and
(C) 'Reasonably predictable' and 'remaining economic life of
the goods' are to be determined with reference to the facts and
circumstances at the time the transaction is entered into.
(38) 'Send' in connection with any writing or notice means to
deposit in the mail or deliver for transmission by any other
usual means of communication with postage or cost of transmission
provided for and properly addressed and in the case of an
instrument to an address specified thereon or otherwise agreed,
or if there be none to any address reasonable under the
circumstances. The receipt of any writing or notice within the
time at which it would have arrived if properly sent has the
effect of a proper sending.
(39) 'Signed' includes any symbol executed or adopted by a
party with present intention to authenticate a writing.
(40) 'Surety' includes guarantor.
(41) 'Telegram' includes a message transmitted by radio,
teletype, cable, any mechanical method of transmission, or the
like.
(42) 'Term' means that portion of an agreement which relates to
a particular matter.
(43) 'Unauthorized' signature or indorsement means one made
without actual, implied or apparent authority and includes a
forgery.
(44) 'Value.' Except as otherwise provided with respect to
negotiable instruments and bank collections in ORS
[{[-[74.2080[-[} [{[+[ 74.2100[+[} and 74.2090, a person gives
'value' for rights if the person acquires them:
(a) In return for a binding commitment to extend credit or for
the extension of immediately available credit whether or not
drawn upon and whether or not a chargeback is provided for in the
event of difficulties in collection;
(b) As security for or in total or partial satisfaction of a
preexisting claim;
(c) By accepting delivery pursuant to a preexisting contract
for purchase; or
(d) Generally, in return for any consideration sufficient to
support a simple contract.
(45) 'Warehouse receipt' means a receipt issued by a person
engaged in the business of storing goods for hire.
(46) 'Written' or 'writing' includes printing, typewriting or
any other intentional reduction to tangible form.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 21. ORS 72A.1010 is amended to read:
72A.1010. [{[-[ORS 72A.1020 to 72A.5310[-[} [{[+[This
chapter[+[} may be cited as the Uniform Commercial Code--Leases.
[{[+[ NOTE:[+[} Clarifies reference.
SECTION 22. ORS 72A.5230 is amended to read:
72A.5230. (1) If a lessee wrongfully rejects or revokes
acceptance of goods or fails to make a payment when due or
repudiates with respect to a part or the whole, then with respect
to any goods involved, and with respect to all of the goods if
under an installment lease contract the value of the whole lease
contract is substantially impaired as provided under ORS
72A.5100, the lessee is in default under the lease contract and
the lessor may:
(a) Cancel the lease contract as provided in ORS 72A.5050;
(b) Proceed respecting goods not identified to the lease
contract as provided in ORS 72A.5240;
(c) Withhold delivery of the goods and take possession of goods
previously delivered as provided in ORS 72A.5250;
(d) Stop delivery of the goods by any bailee as provided in ORS
72A.5260;
(e) Dispose of the goods and recover damages as provided in ORS
72A.5270, retain the goods and recover damages as provided in ORS
72A.5280, or in a proper case recover rent as provided in ORS
72A.5290; or
(f) Exercise any other rights or pursue any other remedies
provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a
remedy to which the lessor is entitled under subsection (1) of
this section, the lessor may recover the loss resulting in the
ordinary course of events from the lessee's default as determined
in any reasonable manner, together with incidental damages, less
expenses saved in consequence of the lessee's default.
(3) If a lessee is otherwise in default under a lease contract,
the lessor may exercise the rights and pursue the remedies
provided in the lease contract, which may include a right to
cancel the lease. In addition, unless otherwise provided in the
lease contract:
(a) If the default substantially impairs the value of the lease
contract to the lessor, the lessor may exercise the rights and
pursue the remedies provided in subsection (1) or (2) of this
section; or
(b) If the default does not substantially impair the value of
the lease contract to the lessor, the lessor may recover as
provided in subsection (2) [{[+[of this section[+[}.
[{[+[ NOTE:[+[} Adds omitted words.
SECTION 23. [{[+[ORS 72A.5295 is added to and made a part of
ORS 72A.5010 to 72A.5310.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to add section to
proper series.
SECTION 24. ORS 73.0102 is amended to read:
73.0102. (1) This chapter applies to negotiable instruments.
This chapter does not apply to money, to payment orders governed
by ORS chapter 74, or to securities governed by ORS chapter 78.
(2) If there is conflict between this chapter [{[-[,[-[}
[{[+[and[+[} ORS chapter 74 or 79, ORS [{[-[chapters 74 and
79[-[} [{[+[chapter 74 or 79[+[} shall govern.
(3) Regulations of the Board of Governors of the Federal
Reserve System and operating circulars of the Federal Reserve
Banks supersede any inconsistent provision of this chapter to the
extent of the inconsistency.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 25. ORS 74.1020 is amended to read:
74.1020. (1) To the extent that items within this chapter are
also within ORS chapters 73 and 78, they are subject to those
chapters. If there is conflict, this chapter [{[-[governs
chapter 73, but ORS chapter 78 governs[-[} [{[+[and ORS chapter
78 govern[+[} ORS chapter 73.
(2) The liability of a bank for action or nonaction with
respect to an item handled by it for purposes of presentment,
payment or collection is governed by the law of the place where
the bank is located. In the case of action or nonaction by or at
a branch or separate office of a bank, its liability is governed
by the law of the place where the branch or separate office is
located.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 26. ORS 74.2120 is amended to read:
74.2120. (1) Unless otherwise instructed, a collecting bank may
present an item not payable by, through or at a bank by sending
to the party to accept or pay a written notice that the bank
holds the item for acceptance or payment. The notice must be sent
in time to be received on or before the day when presentment is
due and the bank must meet any requirement of the party to accept
or pay under ORS 73.0501 by the close of the bank's next banking
day after it knows of the requirement.
(2) If presentment is made by notice, and payment, acceptance
or request for compliance with a requirement under ORS 73.0501 is
not received by the close of business on the day after maturity
or, in the case of demand items, by the close of business on the
third banking day after notice was sent, the presenting bank may
treat the item as dishonored and [{[-[charged[-[}
[{[+[charge[+[} any drawer or indorser by sending it notice of
the facts.
[{[+[ NOTE:[+[} Corrects verb tense.
SECTION 27. ORS 77.6040 is amended to read:
77.6040. ORS 77.1010 to 77.6030 on documents of title do not
repeal or modify any laws prescribing the form or contents of
documents of title or the services or facilities to be afforded
by bailees, or otherwise regulating [{[-[bailee's[-[}
[{[+[bailees'[+[} businesses in respects not specifically dealt
with herein; but the fact that such laws are violated does not
affect the status of a document of title which otherwise complies
with the definition of a document of title as defined in ORS
71.2010.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 28. ORS 79.2030 is amended to read:
79.2030. (1) Subject to the provisions of ORS [{[-[74.2080[-[}
[{[+[ 74.2100[+[} on the security interest of a collecting bank,
ORS 78.3210 on security interests in securities and ORS 79.1130
on a security interest arising under ORS 72.1010 to 72.7250, a
security interest is not enforceable against the debtor or third
parties with respect to the collateral and does not attach
unless:
(a) The collateral is in the possession of the secured party
pursuant to agreement, or the debtor has signed a security
agreement which contains a description of the collateral and in
addition, when the security interest covers crops growing or to
be grown or timber to be cut, a description of the land
concerned;
(b) Value has been given; and
(c) The debtor has rights in the collateral.
(2) A security interest attaches when it becomes enforceable
against the debtor with respect to the collateral. Attachment
occurs as soon as all of the events specified in subsection (1)
of this section have taken place unless explicit agreement
postpones the time of attaching.
(3) Unless otherwise agreed a security agreement gives the
secured party the rights to proceeds provided by ORS 79.3060.
(4) A transaction, although subject to ORS 79.1010 to 79.5070
and 79.8010 on secured transactions, is also subject to ORS
83.510 to 83.680 on retail installment contracts and ORS chapter
725 on small loans, and in the case of conflict between the
provisions of ORS 79.1010 to 79.5070 and 79.8010 and ORS 83.510
to 83.680 or ORS chapter 725, the provisions of ORS 83.510 to
83.680 or ORS chapter 725 control. Failure to comply with any
applicable statute has only the effect which is specified
therein.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 29. ORS 79.3020 is amended to read:
79.3020. (1) A financing statement must be filed to perfect all
security interests except the following:
(a) A security interest in collateral in possession of the
secured party under ORS 79.3050.
(b) A security interest temporarily perfected in instruments or
documents without delivery under ORS 79.3040 or in proceeds for a
10-day period under ORS 79.3060.
(c) A security interest created by an assignment of a
beneficial interest in a trust or a decedent's estate.
(d) A purchase money security interest in consumer goods; but
filing is required for a motor vehicle required to be registered;
and fixture filing is required for priority over conflicting
interests in fixtures to the extent provided in ORS 79.3130.
(e) An assignment of accounts which does not alone or in
conjunction with other assignments to the same assignee transfer
a significant part of the outstanding accounts of the assignor.
(f) A security interest of a collecting bank as provided in ORS
[{[-[74.2080[-[} [{[+[74.2100[+[} or in securities as provided
in ORS 78.3210 or arising under ORS 72.1010 to 72.7250 on sales
or covered in subsection (3) of this section.
(g) An assignment for the benefit of all the creditors of the
transferor, and subsequent transfers by the assignee thereunder.
(h) A security interest in a deposit account to which ORS
79.1010 to 79.5070 and 79.8010 apply pursuant to ORS 79.1040
(12). Such a security interest is perfected:
(A) As to a deposit account maintained with the secured party,
when the security agreement is executed; and
(B) As to any other deposit account, when notice thereof in
writing is given to the organization with whom the deposit
account is maintained and the organization provides written
notice of the consent to the secured party. However, consent
shall be considered granted unless the organization responds in
writing within 10 business days after the organization receives
notice under this subparagraph.
(2) If a secured party assigns a perfected security interest,
no filing under ORS 79.1010 to 79.5070 and 79.8010 is required in
order to continue the perfected status of the security interest
against creditors of and transferees from the original debtor.
(3) The filing of a financing statement otherwise required by
ORS 79.1010 to 79.5070 and 79.8010 is not necessary or effective
to perfect a security interest in property subject to:
(a) A statute or treaty of the United States which provides for
a national or international registration or a national or
international certificate of title or which specifies a place of
filing different from that specified in ORS 79.1010 to 79.5070
and 79.8010 for filing of the security interest;
(b) The following statutes of this state: ORS chapters 830 and
837 and the Oregon Vehicle Code; but during any period in which
collateral is inventory held for sale by a person who is in the
business of selling goods of that kind, the filing provisions of
ORS 79.4010 to 79.4080 apply to a security interest in that
collateral created by the person as debtor; or
(c) A certificate of title statute of another jurisdiction
under the law of which indication of a security interest on the
certificate is required as a condition of perfection as described
in ORS 79.1030 (2).
(4) Compliance with a statute or treaty described in subsection
(3) of this section is equivalent to the filing of a financing
statement under ORS 79.1010 to 79.5070 and 79.8010, and a
security interest in property subject to such a statute or treaty
can be perfected only by compliance therewith except as provided
in ORS 79.1030 on multiple state transactions. Duration and
renewal of perfection of a security interest perfected by
compliance with such a statute or treaty are governed by the
provisions of that statute or treaty; in other respects the
security interest is subject to ORS 79.1010 to 79.5070 and
79.8010.
(5) ORS 79.4010 to 79.4080 does not apply to a security
interest in property of any description created by a deed of
trust or mortgage made by a corporation primarily engaged in the
railroad or street railway business, the furnishing of telephone
or telegraph service, the transmission of oil, gas or petroleum
products by pipeline, or the production, transmission or
distribution of electricity, steam, gas or water, but such
security interest may be perfected under ORS 79.1010 to 79.5070
and 79.8010 by filing, including payment of the required fee,
such deed of trust or mortgage in the office of the Secretary of
State. When so filed, such instrument remains effective until
terminated, without the need for filing a continuation statement.
Assignments and releases of such instruments also may be filed in
the office of the Secretary of State.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 30. ORS 79.3120 is amended to read:
79.3120. (1) The rules of priority stated in other sections of
ORS 79.3010 to 79.3180 and in the following sections shall govern
when applicable: ORS [{[-[74.2080[-[} [{[+[74.2100[+[} with
respect to the security interests of collecting banks in items
being collected, accompanying documents and proceeds; ORS 79.1030
on security interests related to other jurisdictions; ORS 79.3015
on consignments.
(2) A perfected security interest in crops for new value given
to enable the debtor to produce the crops during the production
season and given not more than three months before the crops
become growing crops by planting or otherwise takes priority over
an earlier perfected security interest to the extent that such
earlier interest secures obligations due more than six months
before the crops become growing crops by planting or otherwise,
even though the person giving new value had knowledge of the
earlier security interest.
(3) A perfected purchase money security interest in inventory
has priority over a conflicting security interest in the same
inventory and also has priority in identifiable cash proceeds
received on or before the delivery of the inventory to a buyer
if:
(a) The purchase money security interest is perfected at the
time the debtor receives possession of the inventory;
(b) The purchase money secured party gives notification in
writing to the holder of the conflicting security interest if the
holder had filed a financing statement covering the same types of
inventory (A) before the date of the filing made by the purchase
money secured party, or (B) before the beginning of the 21-day
period where the purchase money security interest is temporarily
perfected without filing or possession as provided in ORS 79.3040
(5);
(c) The holder of the conflicting security interest receives
the notification within five years before the debtor receives
possession of the inventory; and
(d) The notification states that the person giving the notice
has or expects to acquire a purchase money security interest in
inventory of the debtor, describing such inventory by item or
type.
(4) A purchase money security interest in collateral other than
inventory has priority over a conflicting security interest in
the same collateral or its proceeds if the purchase money
security interest is perfected at the time the debtor receives
possession of the collateral or within 20 days thereafter.
(5) In all cases not governed by other rules stated in this
section, including cases of purchase money security interests
which do not qualify for the special priorities set forth in
subsections (3) and (4) of this section, priority between
conflicting security interests in the same collateral shall be
determined according to the following rules:
(a) Conflicting security interests rank according to priority
in time of filing or perfection. Priority dates from the time a
filing is first made covering the collateral or the time the
security interest is first perfected, whichever is earlier,
provided that there is no period thereafter when there is neither
filing nor perfection.
(b) So long as conflicting security interests are unperfected,
the first to attach has priority.
(6) For the purposes of subsection (5) of this section a date
of filing or perfection as to collateral is also a date of filing
or perfection as to proceeds.
(7) If future advances are made while a security interest is
perfected by filing, the taking of possession or under ORS
78.3210 on securities, the security interest has the same
priority for the purposes of subsection (5) of this section with
respect to the future advances as it does with respect to the
first advance. If a commitment is made before or while the
security interest is so perfected, the security interest has the
same priority with respect to advances made pursuant thereto. In
other cases a perfected security interest has priority from the
date the advance is made.
(8) A perfected security interest in a deposit account, to
which ORS 79.1010 to 79.5070 and 79.8010 apply pursuant to ORS
79.1040 (12), maintained with the secured party has priority over
a conflicting security interest in the same deposit account.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 31. ORS 83.820 is amended to read:
83.820. (1) In any contract for the sale or lease of consumer
goods or services on credit entered into between a retail seller
and a retail buyer, such contract, note or any instrument or
evidence of indebtedness of the buyer shall have printed on the
face thereof the words 'consumer paper,' and such contract, note,
instrument or evidence of indebtedness with the words ' consumer
paper' printed thereon shall not be a negotiable instrument
within the meaning of [{[-[the Uniform Commercial
Code-Commercial Paper[-[} [{[+[ORS chapter 73[+[}. However, this
section shall have no force or effect on the negotiability of any
contract, promissory note, instrument or other evidence of
indebtedness owned or guaranteed or insured by any state or
federal governmental agency even though said contract, note,
instrument or other evidence of indebtedness shall contain the
wording required by this subsection.
(2) Notwithstanding the absence of such notice on a contract,
note, instrument or evidence of indebtedness arising out of a
consumer credit sale or consumer lease as described in this
section, an assignee of the rights of the seller or lessor is
subject to all claims and defenses of the buyer or lessee against
the seller or lessor arising out of the sale or lease. Any
agreement to the contrary shall be of no force or effect in
limiting the rights of a consumer under this section. The
assignee's liability under this section may not exceed the amount
owing to the assignee at the time the claim or defense is
asserted against the assignee. The restrictions imposed hereby
shall not apply with respect to any promissory note, contract,
instrument or other evidence of indebtedness owned or guaranteed
or insured by any state or federal governmental agency even
though said note, contract, instrument or other evidence of
indebtedness shall contain the words required by subsection (1)
of this section.
(3) An assignee of 'consumer paper' who in good faith enforces
a security interest in property held by the buyer or lessee shall
not be liable to such buyer or lessee for punitive damages in an
action for wrongful repossession. The fact that a seller or
lessor has broken the warranties of the seller or lessor with
regard to the property sold or leased shall not, of itself, make
an assignee's repossession wrongful.
(4) Notwithstanding the absence of notice as provided in
subsection (1) of this section, an assignee of the rights of the
seller or lessor who loans money to the buyer or lessee for the
purpose of paying off the amount owing to the assignee under the
contract, note, instrument or evidence of indebtedness is subject
to all claims and defenses of the buyer or lessee against the
seller or lessor arising out of the sale or lease. The assignee's
liability under this subsection may not exceed the amount that
would be owing to the seller or lessor under the contract, note,
instrument or evidence of indebtedness at the time the claim or
defense is asserted had the obligation not been paid off.
Assignee shall include a parent, subsidiary or other business
entity similarly related to the assignee, and the assignee's
liability shall extend to anyone who holds the buyer's or
lessee's new instrument or evidence of indebtedness.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 32. ORS 92.060 is amended to read:
92.060. (1) The initial point of all plats shall be on the
exterior boundary of the plat and shall be marked with a
monument, either of concrete, galvanized iron pipe or an iron or
steel rod. If concrete is used it shall not be less than 6
inches by 6 inches by 24 inches and shall contain not less than
five cubic inches of ferrous material permanently imbedded in the
concrete. If galvanized iron pipe is used it shall not be less
than three-quarter inch inside diameter and 30 inches long, and
if an iron or steel rod is used it shall 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. The county surveyor may authorize the setting
of another type of monument in circumstances where setting the
required monuments is impracticable.
(2) In subdivision plats, the intersections, 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,
shall be marked with monuments either of concrete, galvanized
iron pipe, or iron or steel rods. If concrete is used it shall be
as described in subsection (1) of this section. If galvanized
iron pipe is used it shall not be less than three-quarter inch
inside diameter and 30 inches long, and if iron or steel rods are
used they shall not be less than five-eighths of an inch in least
dimension and 30 inches long. The county surveyor may authorize
the setting of another type of monument in circumstances where
setting the required monuments is impracticable.
(3) All lot and parcel corners except lot corners of cemetery
lots shall 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. The county surveyor may authorize the
setting of another type of monument in circumstances where
setting the required monuments is impracticable.
(4) Monuments shall be set with such accuracy that measurements
may be taken between monuments within one-tenth of a foot or
within 1/5,000 of the distance shown on the subdivision or
partition plat, whichever is greater.
(5) All monuments on the exterior boundaries of a subdivision
shall be placed and the monuments shall be referenced on the plat
of the subdivision before the plat of the subdivision is offered
for recording. However, interior monuments for the subdivision
need not be set prior to the recording of the plat of the
subdivision if the registered professional land surveyor
performing the survey work certifies that the interior monuments
will be set on or before a specified date as provided in ORS
92.070 (2) and if 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 a commercial
bank as defined in ORS 706.005 or other security as required by
the county or city guaranteeing the payment of the cost of
setting the interior monuments for the subdivision as provided in
ORS 92.065.
(6) All monuments on the exterior boundary and all parcel
corner monuments of partitions shall be placed before the
partition plat is offered for recording. Unless the governing
body provides otherwise, any parcels created that are greater
than 10 acres need not be surveyed [{[-[,[-[} [{[+[or[+[}
monumented [{[-[or platted[-[} .
(7) Except as provided in subsections (8) and (9) of this
section, an adjusted property line created by the relocation of a
common boundary as described in ORS 92.010 (7)(b) shall be
surveyed and monumented in accordance with subsection (3) of this
section and a survey, complying with ORS 209.250, shall be filed
with the county surveyor.
(8) Notwithstanding subsection (7) of this section, a governing
body of a city or county may, by ordinance, waive the requirement
of a survey and monumentation of an adjusted property line when
both parcels affected are greater than 10 acres. Nothing in this
subsection shall exempt a local government from minimum area
requirements established in acknowledged comprehensive plans and
land use regulations.
(9) Unless the governing body of a city or county has otherwise
provided by ordinance, the requirements of subsection (7) of this
section shall not apply to the relocation of a common boundary of
a lot in a subdivision or a parcel in a partition when the
adjusted property line is a distance of even width along the
common boundary.
[{[+[ NOTE:[+[} Clarifies legislative intent.
SECTION 33. ORS 92.140 is amended to read:
92.140. The records entitled 'Record of Town Plats' shall be
provided in the front part with indices, in which shall be
entered in alphabetical order, all subdivision plats recorded
therein. The [{[-[dedications[-[} [{[+[declarations[+[} to such
subdivision plats shall also be indexed in the indices of Records
of Deeds for the county. When the subdivision plats are so filed,
bound and indexed they shall be the legal record of all
subdivision plats.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 34. ORS 105.430 is amended to read:
105.430. (1) If residential property is found to be in
violation of building or housing codes which the city or county,
in the exercise of reasonable discretion believes constitutes a
threat to the public health, safety or welfare, the city or
county in addition to any other remedies available to it may
apply to a court of competent jurisdiction for the appointment of
a receiver to perform an abatement.
(2) At least 60 days prior to the filing of an application for
appointment of a receiver pursuant to ORS 105.420 to 105.455, the
city or county shall give written notice by regular mail to all
interested parties of its intent to file the application and
information relative to:
(a) The identity of the property;
(b) The violations of the building or housing codes giving rise
to the application 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) The city or county which may seek 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 apply for the appointment of a
receiver pursuant to ORS 105.420 to 105.455 if an interested
party has commenced and is then prosecuting in a timely fashion
an action or other judicial or nonjudicial proceeding to
foreclose a security interest on the property, or to obtain
specific performance of or forfeit the purchaser's interest in
under a land sale contract.
(4) Notice of the application for the appointment of a receiver
pursuant to ORS 105.420 to 105.455 shall be served on all
interested parties.
(5) If, following the application for appointment of a
receiver, one or more of the interested parties elects to correct
the conditions at the property giving rise to the city's or
county's application for the appointment of a receiver, the party
or parties shall be required to post security in an amount and
character as the court deems appropriate to insure timely
performance of all work necessary to make corrections, as well as
such other conditions as the court deems appropriate to effect
the timely completion of the corrections by the interested party
or parties.
(6) In the event that no interested party elects to act
pursuant to subsection (5) of this section or fails to timely
perform work undertaken pursuant to subsection (5) of this
section, the court shall make a determination that the property
is an unsafe or insanitary condition and appoint a receiver to
complete the abatement.
(7) A receiver may be any one of the following:
(a) A housing authority organized under the terms of ORS
456.055 to [{[-[456.230[-[} [{[+[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 shall not be required to give security or bond of any
sort prior to appointment.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 35. ORS 107.718 is amended to read:
107.718. (1) When a person files a petition under ORS 107.710,
the circuit court shall hold an ex parte hearing in person or by
telephone on the day the petition is filed or on the following
judicial day. Upon a showing that the petitioner has been the
victim of abuse committed by the respondent within 180 days
preceding the filing of the petition and that there is an
immediate and present danger of further abuse to the petitioner,
the court shall, if requested, order, for a period of one year or
until the order is withdrawn or amended, or until the order is
superseded as provided in ORS 107.722, whichever is sooner:
(a) That temporary custody of the minor children of the
petitioner or of the parties be awarded to the petitioner, or
that temporary custody of the minor children of the respondent or
of the parties be awarded to the respondent, subject to
reasonable visitation rights of the noncustodial parent, which
the court shall order, unless such visitation is not in the best
interest of the child;
(b) That the respondent be required to move from the
petitioner's residence, if in the sole name of the petitioner or
if it is jointly owned or rented by the petitioner and the
respondent, or if the parties are married to each other;
(c) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party or the party's children, or both, including
but not limited to clothing, diapers, medications, social
security cards, birth certificates and identification;
(d) That the respondent be restrained from molesting,
interfering with or menacing the petitioner;
(e) That the respondent be restrained from molesting,
interfering with or menacing the minor children whose custody is
awarded to the petitioner; or
(f) That the respondent be restrained from entering on any
premises when it appears to the court that such restraint is
necessary to prevent the respondent from molesting, interfering
with or menacing the petitioner or with the minor children whose
custody is awarded to the petitioner.
(2) Immediate and present danger under this section includes
but is not limited to situations in which the respondent has
recently threatened [{[+[the[+[} petitioner with additional
bodily harm.
(3) An instruction brochure shall be available from the clerk
of the circuit court explaining the rights set forth under ORS
107.700 to 107.730. The petition and order forms shall be
available from the clerk of the court and shall be in
substantially the following form:
_________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF[______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, NO.___
Petitioner, )
PETITION FOR
RESTRAINING
and ORDER TO
PREVENT ABUSE
____
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(PETITIONER MUST COMPLETE THIS FORM. FAILURE TO PROVIDE
COMPLETE AND TRUTHFUL INFORMATION AS INDICATED MAY BE PUNISHABLE
AS CONTEMPT OF COURT UNDER ORS 33.015 to 33.155 AND MAY RESULT IN
A DENIAL OF RELIEF UNDER THIS PETITION.)
Petitioner alleges:
I.
I am a resident of ______ County, Oregon, or respondent is a
resident of ______ County, Oregon.
II.
_ I was married to respondent on _____, 19__.
_ I was divorced from respondent on _____ [{[+[ , 19__[+[} .
_ I have been living with respondent since _____, 19__.
_ I lived with respondent from _____, 19__, to _____, 19__.
_ I have been involved in a sexually intimate relationship with
respondent within the previous two years.
_ I am related to respondent by blood or marriage. Respondent
is an adult and is my _____ (relationship).
III.
I am a victim of abuse committed by respondent within the 180
days preceding the filing of this petition, in that respondent
has:
_ caused me bodily injury.
_ attempted to cause me bodily injury.
_ placed me in fear of imminent serious bodily injury.
_ caused me to engage in involuntary sexual relations by force
[{[-[,[-[} [{[+[or[+[} threat of force.
During the 180 days after the abuse:
_ [{[-[the[-[} respondent was incarcerated from _____, 19__,
to[_____, 19__.
_ [{[-[the[-[} respondent lived more than 100 miles from my
home from _____, 19__, to _____, 19__.
(Any period of time after the abuse occurred during which
[{[-[the[-[} respondent was incarcerated or lived more than 100
miles from your home does not count in computing the 180-day time
period.)
IV.
The abuse I am complaining about happened on ________ (date)
at[________ (location). Respondent injured or threatened to
injure me in the following way:
____________
____________ .
V.
I am in immediate and present danger of further abuse, because
________.
VI.
_ There (is _ or is not _) a proceeding for marital annulment,
dissolution or separation, or a filiation (paternity)
proceeding, pending between me and [{[-[the[-[} respondent.
It is filed in ______ (county and state).
_ There (is _ or is not _) another custody or
[{[-[family[-[} Abuse Prevention Act proceeding pending
between me and respondent. It is filed in ______ (county and
state).
_ There (is _ or is not _) another custody order now in effect
as to our children.
_ I am requesting custody of my child(ren). For the last six
months the child(ren) have lived:
In the following county and state:
_______________
_______________ .
with the following person(s):
_______________
_______________ .
The child(ren) are presently residing with the following
person(s): ___.
VII.
Petitioner should be granted the following relief:
_ Respondent should be restrained from, in any manner,
molesting, interfering with or menacing me.
_ Respondent should be restrained from, in any manner,
molesting, interfering with or menacing the minor child(ren)
in my custody: (name children)
_______________
_______________ .
_ Respondent should be required to move from [{[-[the[-[}
petitioner's residence, or the parties' marital residence and
should not return to this residence, located at ______,
except with a peace officer to remove the following essential
personal effects of [{[-[the[-[} respondent or if
[{[-[the[-[} respondent is the custodian, the following
essential personal effects of [{[-[the[-[} respondent's
children, or both: Clothing, diapers, medications, social
security cards, birth certificates and identification.
_ Respondent should be restrained from entering my:
_ home
_ school
_ business
_ place of employment
_ ____________.
_ Petitioner is permitted to return to the parties' residence
with a peace officer to remove the following essential
personal effects of petitioner or if [{[-[the[-[}
petitioner is the custodian, the following essential personal
effects of [{[-[the[-[} petitioner's children, or both:
_______________
_______________
_______________
_______________ .
_ Petitioner should be awarded custody of the following minor
children of the parties, who are now residing with
petitioner, or who are the petitioner's children, subject to
reasonable visitation rights of the respondent, unless such
visitation is not in the best interest of the child:
_______________
_______________
_______________ .
_ Respondent should be awarded custody of the following minor
children of the parties, who are now residing with
respondent, or who are [{[-[the[-[} respondent's children,
subject to reasonable visitation rights of [{[-[the[-[}
petitioner, unless such visitation is not in the best
interest of the child:
_______________
_______________
_______________ .
WHEREFORE, petitioner prays for the relief petitioned for in
Paragraph [{[-[VI[-[} [{[+[VII[+[} and such other relief as the
Court thinks just.
____________
Petitioner
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ____
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ____________, being first duly sworn, depose and say that I
am the petitioner herein; that the allegations set forth in the
foregoing petition are true and correct as I verily believe.
____________
SUBSCRIBED AND SWORN to before me this ___ day of ____, 19__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ___
_________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF[______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
Petitioner, NO. ___
)
RESTRAINING ORDER
and )
)
____
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
This matter coming before this Court on the petition of
petitioner,
IT IS HEREBY:
_ ORDERED that respondent is restrained (prohibited) from, in
any manner, molesting, interfering with or menacing
petitioner[{[+[.[+[}
[{[-[;[-[}
_ ORDERED that respondent is restrained (prohibited) from, in
any manner, molesting, interfering with or menacing the minor
child(ren) in petitioner's custody:
_______________
_______________ [{[+[ .[+[} [{[-[;[-[}
_ ORDERED that respondent is restrained (prohibited) from
entering petitioner's:
_ home
_ school
_ business
_ place of employment
_ ______________ [{[+[ .[+[} [{[-[;[-[}
_ ORDERED that respondent shall move from the residence and
shall not return to this residence located at ________ except
with a peace officer in order to remove the following
essential personal effects of [{[-[the[-[} respondent or if
[{[-[the[-[} respondent is the legal custodian, the
following essential personal effects of [{[-[the[-[}
respondent's children, or both: Clothing, diapers,
medications, social security cards, birth certificates and
identification.
_ ORDERED that a peace officer shall accompany [{[-[the[-[}
petitioner to the parties' residence in order to remove the
following essential personal effects of petitioner or if
[{[-[the[-[} petitioner is the legal custodian, the following
essential personal effects of [{[-[the[-[} petitioner's
children, or both:
_______________
_______________
_______________
_______________ [{[+[ .[+[}
_ ORDERED that petitioner shall be awarded temporary custody
of the following minor children of the parties or who are not
respondent's children:
_______________
_______________
_______________ [{[+[ .[+[}
_ ORDERED that with respect to the minor children of the
parties in the temporary custody of the petitioner,
[{[-[the[-[} respondent is awarded the following temporary
visitation rights (The court may enter an order denying
visitation rights if the court finds that visitation with
respondent is not in the best interest of the child):
_______________
_______________
_______________
_______________ [{[+[ .[+[}
_ ORDERED that respondent shall be awarded temporary custody
of the following minor children of the parties, or who are
not petitioner's children:
_______________
_______________ .
_ ORDERED that with respect to the minor children of the
parties in the temporary custody of [{[-[the[-[}
respondent, [{[-[the[-[} petitioner is awarded the following
temporary visitation rights (The court may enter an order
denying visitation rights if the court finds that visitation
with petitioner is not in the best interest of the child):
_______________
_______________
_______________
_______________ [{[+[ .[+[}
_ ORDERED that no further service is necessary because
respondent appeared in person before the court.
_ ORDERED that the SECURITY AMOUNT FOR VIOLATION OF ANY
PROVISION OF THIS ORDER IS $5,000 UNLESS OTHERWISE
SPECIFIED[{[+[.[+[} [{[-[;[-[}
_ ORDERED that the above provisions of this restraining order
are in effect for a period of one year.
DATED this ___ day of ______, 19__.
____________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO THE RESPONDENT: THIS ORDER BECOMES EFFECTIVE IMMEDIATELY. IF
YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER YOU MUST WRITE
TO ______ AND REQUEST A HEARING. YOUR REQUEST MUST BE MADE WITHIN
30 DAYS AFTER YOU RECEIVE THESE PAPERS, EXCEPT THAT A REQUEST
RELATING TO CHILD CUSTODY MAY BE MADE AT ANY TIME. YOU MUST
INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST. AT A
HEARING A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED
OR CHANGED. UNTIL SUCH A HEARING, THIS ORDER IS IN EFFECT.
VIOLATION OF THIS ORDER CONSTITUTES CONTEMPT OF COURT, PUNISHABLE
BY A FINE OF UP TO $300, A JAIL TERM OF UP TO SIX MONTHS, OR
BOTH.
RELEVANT DATA:
Respondent:
Address: ____________
Birthdate: ____________
Race: ____________
Age: ____________
Height: ____________
Weight: ____________
Hair Color: ____________
Eye Color: ____________
Petitioner:
Address: __________
(If you wish to have your residential address withheld from
respondent, use a contact address so the court and the sheriff
can reach you if necessary.)
Birthdate: ____________
Race: ____________
Age: ____________
Height: ____________
Weight: ____________
Hair Color: ____________
Eye Color: ____________
_________________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF[______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I am a resident of the State of Oregon. I am a competent person
over the age of 18 years. I am not an attorney for or a party to
this case, or an officer, director or employee of any party to
this case.
On the ___ day of ____, 19__, I served the Restraining Order
and the Petition for Restraining Order to Prevent Abuse in this
case personally upon the above-named respondent in ______ [County
by delivering to [{[-[the[-[} respondent a copy of those
papers, each of which was certified to be a true copy of each
original.
_______________
Signature of ________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 19__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
_________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF[______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Comes now petitioner, ___________, and moves this Court for an
order allowing the voluntary withdrawal and dismissal of the
Restraining Order on file herein.
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 19__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
IT IS SO ORDERED this ___ day of ____, 19__.
____________
JUDGE
_________________________________________________________________
(4) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to effect service and shall have a true copy of the
petition and order delivered to the county sheriff for service
upon the respondent.
(b) The county sheriff shall serve the respondent personally
unless the petitioner elects to have the respondent served
personally by a private party or by a peace officer who is called
to the scene of a domestic disturbance at which the respondent is
present, and who is able to obtain a copy of the order within a
reasonable amount of time. [{[-[Return[-[} [{[+[Proof[+[} of
service shall be made in accordance with ORS 107.720.
(c) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
107.700 to 107.730.
(5) If the county sheriff:
(a) Determines that the order and petition are incomplete or
otherwise fail to conform to the requirements of this section and
ORS 107.720, or cannot be entered into the Law Enforcement Data
System, the order and petition shall be returned to the clerk of
the court. The clerk of the court shall notify the petitioner, at
the address provided by the petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner,
at the address provided by the petitioner, that the documents
have not been served. If the petitioner does not respond within
10 days, the county sheriff shall return the documents to the
clerk of the court.
(6)(a) Within 30 days after a restraining order is served under
this section, the respondent therein may request a court hearing
upon any relief granted. The hearing request form shall be
available from the clerk of the court and shall be in
substantially the following form:
_________________________________________________________________
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner, NO. ___
)
RESPONDENT'S
REQUEST FOR
and HEARING
)
______
, )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I request a hearing. I object to the restraining order for the
following reasons:
_________________
_________________
_________________
_________________
_________________ .
____________
Respondent
Date:____________
Address:____________
____________
Telephone:____________
_________________________________________________________________
(b) At any time after the restraining order is issued and while
it remains in effect, the respondent therein may request a court
hearing upon the issue of custody of minor children under the
order.
(c) If the respondent requests a hearing, the clerk of the
court shall notify the petitioner of the date and time of such
hearing, and shall supply the petitioner with a copy of the
respondent's request for a hearing. The petitioner shall give to
the clerk of the court information sufficient to allow such
notification.
(d) The hearing shall not be limited to the issues raised in
the respondent's request for hearing form. If the respondent
seeks to raise an issue at the hearing not previously raised in
the request for hearing form, the petitioner shall be entitled to
a reasonable continuance for the purpose of preparing a response
to the issue.
[{[+[ NOTE:[+[} Provides space for year on form; standardizes
language and punctuation.
SECTION 36. ORS 108.660 is amended to read:
108.660. (1) There is established the Domestic Violence Fund in
the Children's Services Account of the General Fund established
under ORS [{[-[409.240[-[} [{[+[409.260[+[}.
(2) All moneys received by the assistant director under ORS
106.045 (2) and any other funds allocated for expenditure under
ORS 108.620 shall be credited to the Domestic Violence Fund.
(3) All moneys credited to the Domestic Violence Fund are
continuously appropriated for the purposes of ORS 108.620 to be
expended by the assistant director as provided in ORS 108.610 and
108.620. However, the assistant director shall expend not more
than 10 percent of such moneys for administrative costs of the
Children's Services Division incurred under ORS 108.610 and
108.620.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 37. ORS 109.070 is amended to read:
109.070. The paternity of a person may be established as
follows:
(1) The child of a wife cohabiting with her husband who was not
impotent or sterile at the time of the conception of the child
[{[-[,[-[} shall be conclusively presumed to be the child of her
husband, whether or not the marriage of the husband and wife may
be void.
(2) A child born in wedlock, there being no decree of
separation from bed or board, shall be presumed to be the child
of the mother's husband, whether or not the marriage of the
husband and wife may be void. This shall be a disputable
presumption.
(3) By the marriage of the parents of a child after birth of
the child.
(4) By filiation proceedings.
(5) By joint declaration of paternity filed with the Vital
Statistics Unit of the Health Division of the Department of Human
Resources in the form approved by the state registrar and with
the fee prescribed in ORS 432.146. The Vital Statistics Unit
shall prepare a new birth certificate under the procedure
established by ORS 432.420.
(6) By paternity being established or declared by other
provision of law.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 38. ORS 109.124 is amended to read:
109.124. As used in ORS 109.124 to 109.230, unless the context
requires otherwise:
(1) 'Child attending school' means a person who is unmarried,
is 18 years of age or older and under 21 years of age and is a
student regularly attending a school, community college, college
or university, or regularly attending a course of vocational or
technical training designed to fit the child for gainful
employment. A child enrolled in an educational course load of
less than one-half that determined by the educational facility to
constitute full-time enrollment is not a 'child attending school.
'
(2) 'Child born out of wedlock' means a child born to an
unmarried woman, or to a married woman by a man other than her
husband, if the conclusive presumption in ORS [{[-[41.350 (6)
(1979 Replacement Part) and[-[} 109.070 (1) does not apply.
(3) 'Respondent' may include, but is not limited to, one or
more persons who may be the father of a child born out of
wedlock, the husband of a woman who has or may have a child born
out of wedlock, the mother of a child born out of wedlock, the
female pregnant with a child who may be born out of wedlock, or
the duly appointed and acting guardian of the child or
conservator of the child's estate.
[{[+[ NOTE:[+[} Deletes obsolete reference.
SECTION 39. ORS 109.425 is amended to read:
109.425. As used in this section and ORS 109.435 to 109.507
[{[-[and 109.990 (3)[-[} :
(1) 'Adoptee' means a person who has been adopted in the State
of Oregon.
(2) 'Adoption' means the judicial act of creating the
relationship of parent and child where it did not exist
previously.
(3) 'Adoptive parent' means an adult who has become a parent of
a child through adoption.
(4) 'Adult' means a person 18 years of age or older.
(5) 'Agency' means any public or private organization licensed
or authorized under the laws of this state to place children for
adoption.
(6) 'Birth parent' is:
(a) The man or woman who is legally presumed under the laws of
this state to be the father or mother of genetic origin of a
child; and
(b) A putative father of the child if the birth mother alleges
he is the father and the putative father, by written affidavit or
surrender and release executed within one year of the
relinquishment of the child by the birth mother or the
termination of parental rights of the birth mother, acknowledges
being the child's biological father.
(7) 'Children's Services Division' is the Children's Services
Division of the Department of Human Resources of the State of
Oregon.
(8) 'Genetic and social history' is a comprehensive report,
when obtainable, on the birth parents, siblings to the birth
parents, if any, other children of either birth parent, if any,
and parents of the birth parents, and contains as much of the
following as is available:
(a) Medical history;
(b) Health status;
(c) Cause of and age at death;
(d) Height, weight, eye and hair color;
(e) Ethnic origins; and
(f) Religion, if any.
(9) 'Health history' is a comprehensive report, when
obtainable, of the child's health status and medical history at
the time of placement for adoption, including neonatal,
psychological, physiological and medical care history.
(10) 'Putative father' is a man who, under the laws of this
state, is not legally presumed to be the father of genetic origin
of a child, but who claims or is alleged to be the father of
genetic origin of the child.
(11) 'Registry' is a voluntary adoption registry as established
under ORS 109.450.
(12) 'Search organization' is an organization, including, but
not limited to, an individual, an adoption agency or a private
nonprofit organization, that meets the standards established by
the Children's Services Division to conduct searches and examine
confidential adoption records pursuant to ORS 109.502 to 109.507
and with whom the Children's Services Division has a contract to
conduct such searches.
(13) 'Successor agency' is an agency which has the adoption
records of another agency because of the merger of the agency and
the successor agency or because a former agency has ceased doing
business and has given its adoption records to the successor
agency as provided in ORS 109.435 (2).
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 40. ORS 109.430 is amended to read:
109.430. It is the policy of this state that adoption is based
upon the legal termination of parental rights and
responsibilities of birth parents and the creation of the legal
relationship of parents and child between an adoptee and the
adoptive parents. These legal and social premises underlying
adoption must be maintained. The state recognizes that some
adults who were adopted as children have a strong desire to
obtain identifying information about their birth parents while
other such adult adoptees have no such desire. The state further
recognizes that some birth parents have a strong desire to obtain
identifying information about their biological children who were
adopted, while other birth parents have no such desire. The state
fully recognizes the right to privacy and confidentiality of
birth parents whose children were adopted, the adoptees and the
adoptive parents. The purpose of ORS 7.211, 109.425 to 109.507,
109.990
[{[-[(3)[-[} [{[+[(2)[+[} and 432.420 is to:
(1) Set up a voluntary adoption registry where birth parents
and adult adoptees may register their willingness to the release
of identifying information to each other;
(2) Provide for the disclosure of identifying information to
birth parents and their genetic offspring through a social worker
employed by a licensed adoption agency, if a birth parent or
parents and the adult adoptee are registered;
(3) Provide for the transmission of nonidentifying health and
social and genetic history of the adult adoptees, birth parents
and other specified persons; and
(4) Provide for disclosure of specific identifying information
to Indian tribes or governmental agencies when needed to
establish the adoptee's eligibility for tribal membership or for
benefits or to a person responsible for settling an estate that
refers to the adoptee.
[{[+[ NOTE:[+[} Reflects renumbering in ORS 109.990.
SECTION 41. ORS 109.440 is amended to read:
109.440. A person or agency shall not disclose any confidential
information relating to an adoption except as provided in ORS
109.425 and 109.435 to 109.507 [{[-[and 109.990 (3)[-[} or
pursuant to a court order.
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 42. ORS 109.450 is amended to read:
109.450. (1) A voluntary adoption registry shall be established
and maintained by each agency or its successor agency. An agency
may delegate or contract with another agency to establish,
maintain and operate the registry for the delegating agency.
(2) The Children's Services Division shall establish, maintain
and operate the registry for all adoptions not arranged through a
licensed agency. The Children's Services Division may contract
out the function of establishing, maintaining and operating the
registry to another agency. The Children's Services Division may
join a voluntary national or international registry and make its
records available in the manner authorized by ORS 109.425 to
109.507 [{[-[and 109.990 (3)[-[} . However, if the rules of
disclosure of such a voluntary organization differ from those
prescribed in ORS 109.425 and 109.435 to 109.507 [{[-[and
109.990 (3)[-[} , ORS 109.425 and 109.435 to 109.507 [{[-[and
109.990 (3)[-[} shall prevail.
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 43. ORS 109.503 is amended to read:
109.503. (1) When a search organization has been instructed to
conduct a search, the search organization may examine adoption
records maintained by the Children's Services Division and by
private adoption agencies under ORS 109.435. However, the search
organization may examine the adoption records of a private
adoption agency only if the private adoption agency allows the
examination. The search organization shall keep the records and
information located in the records confidential.
(2) If the search organization is able to identify and locate
the person being sought, the search organization shall make a
confidential inquiry of that person to determine whether the
person wishes to make contact with the person requesting the
search. The search organization shall make the inquiry in person
if possible.
(3)(a) If the person being sought wishes to make contact with
the person requesting the search, the search organization shall:
(A) Tell the person about the voluntary adoption registry under
ORS 109.435 to 109.507 and 109.990 [{[-[(3)[-[} [{[+[(2)[+[}
and that any contact will be made through the registry and its
provisions and shall give the person any information and forms
necessary to register;
(B) Notify the person requesting the search that the person
being sought has been identified and located, wishes to make
contact and has been given the voluntary adoption registry
information;
(C) Notify the voluntary adoption registry that the person
being sought has been identified and located and give the
registry identifying information about the person, the person's
address and the date the confidential inquiry was made; and
(D) Return all materials and information obtained during the
search to the division or agency responsible for maintaining the
information.
(b) In making the notification required by paragraph (a)(B) of
this subsection, the search organization shall not give the
person any identifying information about the person being sought.
(c) If the person being sought has not registered with the
voluntary adoption registry within 90 days after the confidential
inquiry was made, the Children's Services Division, where
practicable, shall cause the person to be contacted to offer
forms and materials to register and to determine if the person
still intends to register.
(d) The search organization may not contact the person being
sought once the confidential inquiry has been made.
(4)(a) If the person being sought does not wish to make contact
with the person requesting the search, the search organization
shall:
(A) Tell the person about the voluntary adoption registry under
ORS 109.435 to 109.507 and 109.990 [{[-[(3)[-[} [{[+[(2)[+[};
and
(B) Return all materials and information obtained during the
search to the division or agency responsible for maintaining the
information.
(b) The search organization may not contact the person being
sought once the confidential inquiry has been made.
[{[+[ NOTE:[+[} Reflects renumbering in ORS 109.990.
SECTION 44. ORS 109.990 is amended to read:
109.990. (1) A person who violates ORS 109.311 (3) or who
submits a false statement under ORS 109.311 (2) commits a Class C
felony.
[{[-[(2) A person who violates ORS 109.311 (4) commits a Class
A misdemeanor.[-[}
[{[-[(3)[-[} [{[+[(2)[+[} A person who violates any provision
of ORS 109.502 to 109.507 or any rule adopted pursuant to ORS
109.506 commits a Class A misdemeanor.
[{[+[ NOTE:[+[} Deletes reference to nonexistent provision.
SECTION 45. ORS 110.162 is amended to read:
110.162. (1) The Attorney General's office is designated as the
state information agency under ORS 110.005 to 110.291. It shall:
(a) Compile a list of the courts and their addresses in this
state having jurisdiction under ORS 110.005 to 110.291 and
transmit it to the state information agency of every other state
which has adopted ORS 110.005 to 110.291 or a substantially
similar [{[-[chapter[-[} [{[+[law[+[};
(b) Maintain a register of lists of courts received from other
states and transmit copies thereof promptly to every court in
this state having jurisdiction under ORS 110.005 to 110.291; and
(c) Forward to the court in this state which has jurisdiction
over the obligor or the obligor's property petitions,
certificates and copies of ORS 110.005 to 110.291 it receives
from courts or information agencies of other states.
(2) If the state information agency does not know the location
of the obligor or the obligor's property in the state and no
state location service is available, it shall use all means at
its disposal to obtain this information, including the
examination of official records in the state and other sources
such as telephone directories, real property records, vital
statistics records, police records, requests for the name and
address from employers who are able or willing to cooperate,
records of motor vehicle license offices, requests made to the
tax offices both state and federal where such offices are able to
cooperate, and requests made to the Social Security
Administration as permitted by the Social Security Act as
amended.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 46. ORS 126.137 is amended to read:
126.137. (1) In the general performance of powers and duties
respecting the ward, a guardian of an incapacitated person:
(a) May[{[+[,[+[} to the extent that it is consistent with the
terms of the court order relating to detention or commitment of
the ward, have custody of the person of the ward and establish
the ward's place of abode within or without this state.
(b) If entitled to custody of the ward, shall provide for the
care, comfort and maintenance of the ward and, whenever
appropriate, arrange for training and education of the ward.
Without regard to custodial rights of the ward's person, the
guardian shall take reasonable care of the ward's clothing,
furniture, vehicles and other personal effects and begin
protective proceedings if other property of the ward is in need
of protection.
(c) May consent to or approve any necessary medical or other
professional care, counsel, treatment or service for the ward.
(d) If a conservator for the estate of the ward has not been
appointed, the guardian may:
(A) Begin proceedings to compel any person under a duty to
support the ward or to pay sums for the welfare of the ward to
perform that duty; and
(B) Receive money and tangible property deliverable to the ward
and apply the money and property for support, care and education
of the ward, except that the guardian may not use funds from the
ward's estate for room and board which the guardian or guardian's
spouse, parent or child have furnished the ward unless a charge
for the service is approved by order of the court made upon
notice to at least one of the next of kin of the ward, if notice
is possible. The guardian shall exercise care to conserve any
excess for the ward's needs.
(2) Pursuant to ORS 126.107 (2), the guardianship order of the
court may modify the powers and duties of a guardian described in
subsection (1) of this section by specifying the authority of the
guardian to act only in those specific areas in which the ward
has a demonstrated incapacity.
(3) If a conservator has been appointed:
(a) All of the ward's estate received by the guardian in excess
of those funds expended to meet current expenses for support,
care, and education of the ward shall be paid to the conservator
for management, and the guardian shall account to the conservator
for funds expended.
(b) The guardian shall control the custody and care of the
ward, and may receive reasonable sums for services of the
guardian and for room and board furnished to the ward as agreed
upon between the guardian and the conservator, if the amounts
agreed upon are reasonable under the circumstances. The guardian
may request the conservator to expend the ward's estate by
payment to third persons or institutions for the ward's care and
maintenance.
(4) A guardian is not liable to third persons for acts of the
ward solely by reason of the guardian and ward relationship.
(5) A guardian may not authorize the sterilization of the ward.
(6) A guardian may not prevent the ward from contacting or
retaining counsel, or releasing records to counsel.
(7) A guardian shall give bond and, within 30 days after each
anniversary of the appointment of the guardian, file with the
court a written report. The report shall be in substantially the
following form:
_________________________________________________________________
IN THE ___
COURT
___
COUNTY,
STATE OF OREGON
DEPARTMENT OF PROBATE
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the matter of the) No.___
Guardianship of )
________
, )
(Enter Name of Ward))
An Incapacitated Per)on.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
GUARDIAN'S REPORT
Pursuant to ORS 126.137 (7) the undersigned duly appointed,
qualified and acting guardian of the above-named incapacitated
person reports to the court as follows:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. My name is: ________
2. My residence address and telephone
number are:
____________
______
Phone:____
3. The name, if applicable, and address
of the place where the ward now resides are:
____________
____________
4. A description of the ward's place of
residence and of programs, activities or
services in which the ward is involved is
as follows:
____________
____________
5. The name of the person primarily
responsible for the care of the ward at
the ward's place of residence
is: ____________
6. The name and address of any hospital
or other institution where the ward is now
admitted on a temporary basis are:
____________
____________
7. A brief description of the ward's
physical condition is:
____________
____________
8. A brief description of the ward's
mental condition is:
____________
____________
9. A brief description of contacts made
with the ward during the past year is:
____________
____________
10. A brief description of major
decisions made on the ward's behalf
during the past year is:
____________
____________
11. The reasons, if any, why the
guardianship should continue are:
____________
____________
12. The dollar amount and source
of income that the ward receives, and
expenditures made for the ward, are
as follows:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Expenditures
Source Dollar Made and
of IncoAmountPayee To Whom
___
___
___
___
___
___
___
___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
13. A list of the money and other
property which the ward now owns,
including any items of money or
property which I hold for the ward,
and the estimated dollar value of
each of the items is as follows:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Money/ Dollar ValTransactions
PropertLocation Made
___
___
___
___
___
___
Dated: _______
(Sign here) Guardian_
___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
[{[+[ NOTE:[+[} Inserts clarifying punctuation.
SECTION 47. ORS 128.320 is amended to read:
128.320. The governing board may appropriate for expenditure
for the uses and purposes for which an endowment fund is
established so much of the net appreciation, realized and
unrealized, in the fair value of the assets of an endowment fund
over the historic dollar value of the fund as is prudent under
the standard established by ORS 128.340. This section does not
limit the authority of the governing board to expend funds as
permitted under other law, the terms of the applicable gift
instrument, or the [{[-[charger[-[} [{[+[charter[+[} of the
institution.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 48. ORS 133.245 is amended to read:
133.245. (1) A federal officer may arrest a person:
(a) For any crime committed in the federal officer's presence
if the federal officer has probable cause to believe the person
committed the crime.
(b) For any felony or Class A misdemeanor if the federal
officer has probable cause to believe the person committed the
crime.
(c) When rendering assistance to or at the request of a law
enforcement officer, as defined in ORS [{[-[30.795 (1991
Edition)[-[} [{[+[414.805[+[}.
(d) When the federal officer has received positive information
in writing or by telephone, telegraph, teletype, radio, facsimile
machine or other authoritative source that a peace officer holds
a warrant for the person's arrest.
(2) The federal officer shall inform the person to be arrested
of the federal officer's authority and reason for the arrest.
(3) In order to make an arrest, a federal officer may use
physical force as is justifiable and authorized of a peace
officer under ORS 161.235, 161.239 and 161.245.
(4)(a) A federal officer making an arrest under this section
without unnecessary delay shall take the arrested person before a
magistrate or deliver the arrested person to a peace officer.
(b) The federal officer retains authority over the arrested
person only until the person appears before a magistrate or until
the law enforcement agency having general jurisdiction over the
area in which the arrest took place assumes responsibility for
the person.
(5) A federal officer when making an arrest for a nonfederal
offense under the circumstances provided in this section shall
have the same immunity from suit as a state or local law
enforcement officer.
(6) A federal officer is authorized to make arrests under this
section upon certification by the Board on Public Safety
Standards and Training that the federal officer has received
proper training to enable that officer to make arrests under this
section.
[{[+[ NOTE:[+[} Substitutes reference to replacement statute
for reference to repealed statute.
SECTION 49. ORS 137.635 is amended to read:
137.635. (1) When, in the case of a felony described in
subsection (2) of this section, a court sentences a convicted
defendant who has previously been convicted of any felony
designated in subsection (2) of this section, the sentence shall
not be an indeterminate sentence to which the defendant otherwise
would be subject under ORS 137.120, but, unless it imposes a
death penalty under ORS 163.105, the court shall impose a
determinate sentence, the length of which the court shall
determine, to the custody of the Department of Corrections. Any
mandatory minimum sentence otherwise provided by law shall apply.
The sentence shall not exceed the maximum sentence otherwise
provided by law in such cases. The convicted defendant who is
subject to this section shall not be eligible for probation. The
convicted defendant shall serve the entire sentence imposed by
the court and shall not, during the service of such a sentence,
be eligible for parole or any form of temporary leave from
custody. The person shall not be eligible for any reduction in
sentence pursuant to ORS 421.120 [{[+[or for any reduction in
term of incarceration pursuant to ORS 421.121[+[}.
(2) Felonies to which subsection (1) of this section apply
include and are limited to:
(a) Murder, as defined in ORS 163.115, and any aggravated form
thereof.
(b) Manslaughter in the first degree, as defined in ORS
163.118.
(c) Assault in the first degree, as defined in ORS 163.185.
(d) Kidnapping in the first degree, as defined in ORS 163.235.
(e) Rape in the first degree, as defined in ORS 163.375.
(f) Sodomy in the first degree, as defined in ORS 163.405.
(g) Unlawful sexual penetration in the first degree, as defined
in ORS 163.411.
(h) Burglary in the first degree, as defined in ORS 164.225.
(i) Arson in the first degree, as defined in ORS 164.325.
(j) Robbery in the first degree, as defined in ORS 164.415.
(3) When the court imposes a sentence under this section, the
court shall indicate in the judgment that the defendant is
subject to this section.
[{[+[ NOTE:[+[} Conforms statute to include sentencing
guidelines provisions.
SECTION 50. ORS 161.685 is amended to read:
161.685. (1) When a defendant who has been sentenced or ordered
to pay a fine, or to make restitution as defined in ORS 137.103,
defaults in the payment thereof or of any installment, the court
on motion of the district attorney or upon its own motion may
require the defendant to show cause why the default should not be
treated as contempt of court, and may issue a show cause citation
or a warrant of arrest for the appearance of the defendant.
(2) If the court finds that the default constitutes contempt,
the court may impose one or more of the sanctions authorized by
ORS 33.105.
(3) When a fine or an order of restitution is imposed on a
corporation or unincorporated association, it is the duty of the
person authorized to make disbursement from the assets of the
corporation or association to pay the fine or make the
restitution from those assets, and [{[-[the failure to do so may
be held to be contempt unless the person makes the showing
required in subsection (2) of this section[-[} [{[+[ if that
person fails to do so, the court may hold that person in
contempt[+[}.
(4) Notwithstanding ORS 33.105, the term of confinement for
contempt for nonpayment of fines or failure to make restitution
shall be set forth in the commitment order, and shall not exceed
one day for each $25 of the fine or restitution, 30 days if the
fine or order of restitution was imposed upon conviction of a
violation or misdemeanor, or one year in any other case,
whichever is the shorter period.
(5) If it appears to the satisfaction of the court that the
default in the payment of a fine or restitution is not contempt,
the court may enter an order allowing the defendant additional
time for payment, reducing the amount thereof or of each
installment or revoking the fine or order of restitution or the
unpaid portion thereof in whole or in part.
(6) A default in the payment of a fine or costs or failure to
make restitution or any installment thereof may be collected by
any means authorized by law for the enforcement of a judgment.
The levy of execution or garnishment for the collection of a fine
or restitution shall not discharge a defendant confined for
contempt until the amount of the fine or restitution has actually
been collected.
(7) Except as otherwise provided in this section, proceedings
under this section shall be conducted:
(a) As provided in ORS 33.055, if the court seeks to impose
remedial sanctions as described in ORS 33.015 to 33.155; and
(b) As provided in ORS 33.065, if the court seeks to impose
punitive sanctions as described in ORS 33.015 to 33.155.
(8) Confinement under this section may be custody or
incarceration, whether actual or constructive.
[{[+[ NOTE:[+[} Deletes reference to obsolete subsection.
SECTION 51. ORS 163.206 is amended to read:
163.206. ORS 163.200 and 163.205 do not apply:
(1) To a person acting pursuant to a court order, an advance
directive or a power of attorney for health care pursuant to ORS
127.505 to 127.660 [{[-[and 127.995[-[} ;
(2) To a person withholding or withdrawing life-sustaining
procedures [{[-[as defined in ORS 127.505 or pursuant to ORS
127.635 and 127.640 or withholding or withdrawing[-[}
[{[+[or[+[} artificially administered nutrition and hydration
pursuant to ORS [{[-[127.580[-[} [{[+[127.505 to 127.660[+[};
(3) When a competent person refuses food, physical care or
medical care;
(4) To a person who provides an elderly or dependent person
with spiritual treatment through prayer from a duly accredited
practitioner of spiritual treatment as provided in ORS 410.700,
in lieu of medical treatment, in accordance with the tenets and
practices of a recognized church or religious denomination of
which the elderly person or the parent or guardian of the
dependent person is a member or an adherent; or
(5) To a duly accredited practitioner of spiritual treatment as
provided in ORS 410.700.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 52. ORS 163.575 is amended to read:
163.575. (1) A person commits the crime of endangering the
welfare of a minor if the person knowingly:
(a) Induces, causes or permits an unmarried person under 18
years of age to witness an act of sexual conduct or
sadomasochistic abuse as defined by ORS 167.060; or
(b) Permits a person under 18 years of age to enter or remain
in a place where unlawful activity involving controlled
substances is maintained or conducted; or
(c) Induces, causes or permits a person under 18 years of age
to participate in gambling as defined by ORS 167.117; or
(d) Distributes, sells, or causes to be sold, tobacco in any
form to a person under 18 years of age; or
(e) Sells to a person under 18 years of age any device in which
tobacco, marijuana, cocaine or any controlled substance, as
defined in ORS 475.005, is burned and the principal design and
use of which is directly or indirectly to deliver tobacco smoke,
marijuana smoke, cocaine smoke or smoke from any controlled
substance into the human body including but not limited to:
(A) Pipes, water pipes, hookahs, wooden pipes, carburetor
pipes, electric pipes, air driven pipes, corncob pipes,
meerschaum pipes and ceramic pipes, with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(B) Carburetion tubes and devices, including carburetion masks;
(C) Bongs;
(D) Chillums;
(E) Ice pipes or chillers;
(F) Cigarette rolling papers and rolling machines; and
(G) Cocaine free basing kits.
(2) Endangering the welfare of a minor by violation of
[{[-[paragraph (a), (b), (c) or (e)[-[} [{[+[subsection (1)(a),
(b), (c) or (e) of this section[+[}, involving other than a
device for smoking tobacco, [{[-[of subsection (1) of this
section,[-[} is a Class A misdemeanor.
(3) Endangering the welfare of a minor by violation of
subsection (1)(d) of this section or by violation of
[{[-[paragraph (e)[-[} [{[+[subsection (1)(e) of this
section[+[}, involving a device for smoking tobacco, [{[-[of
subsection (1) of this section[-[} is a violation punishable by
a fine of not less than $100 nor more than $500.
[{[+[ NOTE:[+[} Conforms language to legislative style.
SECTION 53. ORS 166.165 is amended to read:
166.165. (1) Two or more persons acting together commit the
crime of intimidation in the first degree, if the persons:
(a)(A) Intentionally, knowingly, or recklessly cause physical
injury to another [{[+[person[+[} because of the actors'
perception of that person's race, color, religion, national
origin or sexual orientation; or
(B) With criminal negligence cause physical injury to another
[{[+[ person[+[} by means of a deadly weapon because of the
actors' perception of that person's race, color, religion,
national origin or sexual orientation;
(b) Intentionally, because of the actors' perception of
[{[-[that[-[} [{[+[another[+[} person's race, color, religion,
national origin or sexual orientation, place [{[-[that[-[}
[{[+[another[+[} person in fear of imminent serious physical
injury; or
(c) Commit such acts as would constitute the crime of
intimidation in the second degree, if undertaken by one person
acting alone.
(2) Intimidation in the first degree is a Class C felony.
(3) 'Sexual orientation' has the meaning given that term in ORS
166.155.
[{[+[ NOTE:[+[} Clarifies references to another person.
SECTION 54. ORS 166.725 is amended to read:
166.725. (1) Any circuit court may, after making due provision
for the rights of innocent persons, enjoin violations of the
provisions of ORS 166.720 (1) to (4) by issuing appropriate
orders and judgments, including, but not limited to:
(a) Ordering a divestiture by the defendant of any interest in
any enterprise, including real property.
(b) Imposing reasonable restrictions upon the future activities
or investments of any defendant, including, but not limited to,
prohibiting any defendant from engaging in the same type of
endeavor as the enterprise in which the defendant was engaged in
violation of the provisions of ORS 166.720 (1) to (4).
(c) Ordering the dissolution or reorganization of any
enterprise.
(d) Ordering the suspension or revocation of a license, permit
or prior approval granted to any enterprise by any agency of the
state.
(e) Ordering the forfeiture of the charter of a corporation
organized under the laws of this state, or the revocation of a
certificate of authority authorizing a foreign corporation to
conduct business within this state, upon finding that the board
of directors or a managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, has
authorized or engaged in conduct in violation of ORS 166.720 (1)
to (4) and that, for the prevention of future criminal activity,
the public interest requires the charter of the corporation
forfeited and the corporation dissolved or the certificate of
authority revoked.
(2) All property, real or personal, including money, used in
the course of, derived from or realized through conduct in
violation of a provision of ORS 166.715 to 166.735 is subject to
civil forfeiture to the state. The state shall dispose of all
forfeited property as soon as commercially feasible. If property
is not exercisable or transferable for value by the state, it
shall expire. All forfeitures or dispositions under this section
shall be made with due provision for the rights of innocent
persons. Forfeited property shall be distributed as follows:
(a)(A) All moneys and the clear proceeds of all other property
forfeited shall be deposited with the State Treasurer to the
credit of the Common School Fund.
(B) For purposes of subparagraph (A) of this paragraph, ' clear
proceeds' means proceeds of forfeited property less costs of
maintaining and preserving property pending its sale or other
disposition, less costs of sale or disposition and, if the
Department of Justice has not otherwise recovered its costs and
expenses of the investigation and prosecution leading to the
forfeiture, less 30 percent of the remaining proceeds of the
property which is awarded to the department as reasonable
reimbursement for costs of such investigation and prosecution.
(b) Any amounts awarded to the Department of Justice pursuant
to paragraph (a) of this subsection shall be deposited in the
Criminal Justice Revolving Account in the State Treasury.
(3) Property subject to forfeiture under this section may be
seized by a police officer, as defined in ORS 133.525 (2), upon
court process. Seizure without process may be made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant; or
(b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) In the event of a seizure under subsection (3) of this
section, a forfeiture proceeding shall be instituted promptly.
Property taken or detained under this section shall not be
subject to replevin, but is deemed to be in the custody of the
police officer making the seizure, subject only to the order of
the court. When property is seized under this section, pending
forfeiture and final disposition, the police officer may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the court; or
(c) Require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
(5) The Attorney General, any district attorney or any state
agency having jurisdiction over conduct in violation of a
provision of ORS 166.715 to 166.735 may institute civil
proceedings under this section. In any action brought under this
section, the circuit court shall give priority to the hearing and
determination. Pending final determination, the circuit court may
at any time enter such injunctions, prohibitions or restraining
orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper. The
Attorney General, district attorney or state agency bringing an
action under this section shall be entitled to recover, upon
entry of a final judgment or decree in favor of the state,
attorney fees and costs of investigation and litigation,
reasonably incurred. Amounts recovered may include costs and
expenses of state and local governmental departments and agencies
incurred in connection with the investigation or litigation.
(6) Any aggrieved person may institute a proceeding under
subsection (1) of this section. In such proceeding, relief shall
be granted in conformity with the principles that govern the
granting of injunctive relief from threatened loss or damage in
other civil cases, except that no showing of special or
irreparable damage to the person shall have to be made. Upon the
execution of proper bond against damages for an injunction
improvidently granted and a showing of immediate danger of
significant loss or damage, a temporary restraining order and a
preliminary injunction may be issued in any such action before a
final determination on the merits.
(7)(a) Any person who is injured by reason of any violation of
the provisions of ORS 166.720 (1) to (4) shall have a cause of
action for three-fold the actual damages sustained and, when
appropriate, punitive damages. Such person shall also recover
attorney fees in the trial and appellate courts and costs of
investigation and litigation, reasonably incurred.
(b) The defendant or any injured person may demand a trial by
jury in any civil action brought pursuant to this section.
(c) Any injured person shall have a right or claim to forfeited
property or to the proceeds derived therefrom superior to any
right or claim the state has in the same property or proceeds.
(8) An investigative agency may bring an action for civil
penalties for any violation of ORS 166.720 (1) to (4). Upon proof
of any such violation, the court shall impose a civil penalty of
not more than $250,000.
(9) A final judgment or decree rendered in favor of the state
in any criminal proceeding under ORS 166.715 to 166.735 shall
estop the defendant in any subsequent civil action or proceeding
brought by the state or any other person as to all matters as to
which such judgment or decree would be an estoppel as between the
state and the defendant.
(10) The Attorney General may, upon timely application,
intervene in any civil action or proceeding brought under
subsection (6) or [{[-[subsection[-[} (7) of this section if
the Attorney General certifies that, in the opinion of the
Attorney General, the action or proceeding is of general public
importance. In such action or proceeding, the state shall be
entitled to the same relief as if the Attorney General instituted
the action or proceeding.
(11) Notwithstanding any other provision of law, a criminal or
civil action or proceeding under ORS 166.715 to 166.735 may be
commenced at any time within five years after the conduct in
violation of a provision of ORS 166.715 to 166.735 terminates or
the cause of action accrues. If a criminal prosecution or civil
action or other proceeding is brought, or intervened in, to
punish, prevent or restrain any violation of the provisions of
ORS 166.715 to 166.735, the running of the period of limitations
prescribed by this section with respect to any cause of action
arising under subsection (6) or [{[-[subsection[-[} (7) of this
section which is based in whole or in part upon any matter
complained of in any such prosecution, action or proceeding shall
be suspended during the pendency of such prosecution, action or
proceeding and for two years following its termination.
(12) The application of one civil remedy under any provision of
ORS 166.715 to 166.735 shall not preclude the application of any
other remedy, civil or criminal, under ORS 166.715 to 166.735 or
any other provision of law. Civil remedies under ORS 166.715 to
166.735 are supplemental and not mutually exclusive.
[{[+[ NOTE:[+[} Deletes redundant language.
SECTION 55. [{[+[ORS 171.645 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes statute that was inadvertently compiled
in two places.
SECTION 56. ORS 171.825 is amended to read:
171.825. (1) Pursuant to policies established by the committee,
the executive officer of the committee:
(a) Shall obtain information and reports relating to
international trade and economic development when requested to do
so by a member of the Legislative Assembly.
(b) Shall give such consideration to and service concerning any
measure or matter before the Legislative Assembly as
circumstances will permit, and which is in any way requested by
the House of Representatives or Senate, or any committee of the
Legislative Assembly having the measure or matter before it for
consideration.
(c) In conformity with any applicable rules of the House or
Senate, shall perform or cause to be performed, as circumstances
will permit, service requested by any committee of the
Legislative Assembly in connection with the performance of its
functions.
(d) Shall attend, in person or by a representative, meetings of
the [{[+[Oregon[+[} Economic Development Commission, all regional
meetings of port districts and meetings of state agencies having
responsibility for international trade or economic development
and report to the committee on such meetings.
(2) Assignments made to the committee by joint or concurrent
resolution of the Legislative Assembly shall be given priority
over other requests received or initiated by the committee.
[{[+[ NOTE:[+[} Corrects name of commission.
SECTION 57. ORS 181.640 is amended to read:
181.640. (1) In accordance with any applicable provision of ORS
183.310 to 183.550, to promote enforcement of law and fire
services by improving the competence of public safety personnel
and their support staffs, the board, in consultation with the
agencies for which it provides standards, certification,
accreditation and training, shall:
(a) Establish for police officers, corrections officers, parole
and probation officers and fire service professionals,
[{[-[respectively,[-[} reasonable minimum standards of
physical, emotional, intellectual and moral fitness.
(b) Establish for public safety personnel reasonable minimum
training for all levels of professional development, basic
through executive, including but not limited to courses or
subjects for instruction, facilities for instruction,
qualification of instructors and methods of instruction.
(c) Establish a procedure or procedures to be used by law
enforcement units or public or private safety agencies to
determine whether a police officer, a fire service professional,
a corrections officer, a parole and probation officer, a
telecommunicator or an emergency medical dispatcher meets minimum
standards or has minimum training.
(d) Subject to such terms and conditions as the board may
impose, certify police officers, fire service professionals,
corrections officers, parole and probation officers,
telecommunicators and emergency medical dispatchers as being
qualified, and revoke such certification in the manner provided
in ORS 181.661 to 181.664.
(2) The board shall cause inspection of standards and training
for police officers, corrections officers, parole and probation
officers, fire service professionals, telecommunicators and
emergency medical dispatchers to be made.
(3) The board may:
(a) Contract or otherwise cooperate with any person or agency
of government for the procurement of services or property;
(b) Accept gifts or grants of services or property; or
(c) Maintain and furnish to law enforcement units and public
and private safety agencies information on applicants for
appointment as police officers, fire service professionals,
corrections officers, parole and probation officers,
telecommunicators or emergency medical dispatchers in any part of
the state.
(4) The board may:
(a) Upon the request of a law enforcement unit or public safety
agency, conduct surveys or aid cities and counties to conduct
surveys through qualified public or private agencies and assist
in the implementation of any recommendations resulting from such
surveys.
(b) Upon the request of law enforcement units or public safety
agencies, conduct studies and make recommendations concerning
means by which requesting units can coordinate or combine their
resources.
(c) Stimulate research by public and private agencies to
improve police, fire service, corrections and adult parole and
probation administration and law enforcement.
(d) Provide grants from funds appropriated or available
therefor, to law enforcement units, public safety agencies,
special districts, cities and counties to carry out the
provisions of this subsection.
(e) Provide optional training programs for persons who operate
lockups. The term 'lockup' has the meaning given it in ORS
169.005.
(f) Provide optional training programs for public safety
personnel and their support staffs.
(g) Enter into agreements with federal, state or other
governmental agencies to provide training or other services in
exchange for receiving training, fees or services of generally
equivalent value.
(h) Upon the request of a law enforcement unit or public safety
agency employing police officers, fire service professionals,
corrections officers or parole or probation officers, grant an
officer or fire service professional a multidiscipline
certification. Multidiscipline certification authorizes an
officer or fire service professional to work in any of the
disciplines for which the officer or fire service professional is
certified. The provisions of ORS 181.652, 181.653 and 181.667
relating to lapse of certification do not apply to an officer or
fire service professional certified under this paragraph.
(5) Pursuant to ORS 183.310 to 183.550, the board shall adopt
rules necessary to carry out its duties and powers.
[{[+[ NOTE:[+[} Deletes misleading word.
SECTION 58. ORS 182.360 is amended to read:
182.360. (1) The costs arising out of the employee suggestion
awards under ORS 182.310 to 182.360 shall be paid in the
following manner:
(a) For awards to employees not eligible for cash awards, the
cost shall be added to and collected with the expenses and costs
of operating the Personnel Division collected under ORS 240.165.
(b) For any cash award for a suggestion having multiagency
effect, as determined by the Employee Suggestion Awards
Commission, and for which the commission cannot identify the cost
savings realized or to be realized by the agencies as a result of
implementation of the suggestion, the cost shall be added to and
collected with the expenses and costs of operating the Personnel
Division collected under ORS 240.165.
(c) If the commission is able to identify the agency or
agencies which have realized or will realize cash savings as a
result of implementation of a suggestion, the cost of any cash
award shall be paid by the affected agency or agencies from
savings realized or to be realized by implementation of the
suggestion. For suggestions with multiagency effect, the
commission shall determine the portion of the award total to be
contributed by each agency.
(d) For administrative expenses of the Personnel Division
incurred in administering ORS 182.310 to 182.400, the expenses
shall be added to and collected with the expenses and costs of
operating the Personnel Division collected under ORS 240.165.
(2) Vouchers for awards described in subsection (1)(a) and (b)
of this section and administrative expenses described in
subsection (1)(d) of this section shall be prepared by the
Administrator of the Personnel Division payable from the
[{[-[Personnel Account[-[} [{[+[Oregon Department of
Administrative Services Operating Fund[+[}. Vouchers for awards
described in subsection (1)(c) of this section shall be drawn by
the appropriate agency. All vouchers shall be drawn upon
certification of the chairman or secretary of the commission of
the amount or cost of the award and the person to whom the award
has been made or the amount of the administrative expenses.
[{[+[ NOTE:[+[} Corrects name of state agency fund.
SECTION 59. ORS 182.375 is amended to read:
182.375. (1) There is created in the State Treasury, separate
and distinct from the General Fund, an Oregon State Productivity
Improvement Revolving Fund. All moneys in the fund are
appropriated continuously to the Oregon Department of
Administrative Services for making loans, grants, matching funds
or cash awards available to state agencies or units for
implementation of productivity improvement projects, including
training and workforce development, upon authorization of the
Oregon Department of Administrative Services, subject to ORS
243.650 to 243.782 when applicable. Interest on earnings of the
fund shall be credited to the fund.
(2) The Oregon State Productivity Improvement Revolving Fund
shall consist of:
(a) Moneys transferred from the Oregon Department of
Administrative [{[-[Services' Personnel Account[-[}
[{[+[Services Operating Fund[+[}, as provided in ORS 240.170, in
a sum not to exceed $500,000 to establish the fund.
(b) Savings realized from implementation of productivity
improvement projects which may include existing and future
projects authorized by the department.
(c) Any unexpended revenues transferred in accordance with ORS
279.645 (2).
(3) Fifty percent of the agency or unit budget savings
resulting from improved efficiency shall be credited to the
Oregon State Productivity Improvement Revolving Fund to be used
for program improvement by the agency or unit. If not used in the
biennium in which the savings occur, the amount of credit to an
agency or unit may be treated as if it were continuously
appropriated to the agency or unit and may be expended in
[{[+[the[+[} following biennium without resulting in any budget
justification for the agency or unit. Expenditures from the fund
are not subject to allotment or other budgetary procedures.
(4) None of the expenditures in a biennium by the agency or
unit under this section shall be considered to be within any
appropriation or expenditure limitation in the agency's base
budget for the biennium.
(5) A productivity improvement project may include training and
employee development authorized by the department and intended to
lead to improved productivity.
(6) The department may require a different repayment schedule
for training and employee development than for other productivity
improvement projects.
(7) Agencies and units shall report to the department quarterly
on project implementation, savings realized to date, or
projected, and repayment of moneys to the fund.
[{[+[ NOTE:[+[} Corrects name of state agency fund; supplies
missing word.
SECTION 60. ORS 182.395 is amended to read:
182.395. Any new programs mandated by law, assigned to the
agency or unit by the Oregon Department of Administrative
Services, or budgeted as additions to the base budget or reduced
level budget of the agency or unit shall not be eligible for
credit savings under ORS [{[-[182.310[-[} [{[+[182.365[+[} to
182.400.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 61. ORS 183.335 is amended to read:
183.335. (1) Prior to the adoption, amendment or repeal of any
rule, the agency shall give notice of its intended action:
(a) In the manner established by rule adopted by the agency
under ORS 183.341 (4), which provides a reasonable opportunity
for interested persons to be notified of the agency's proposed
action;
(b) In the bulletin referred to in ORS 183.360 at least 21 days
prior to the effective date; and
(c) At least 28 days before the effective date, to persons who
have requested notice pursuant to subsection (7) of this section.
(2)(a) The notice required by subsection (1) of this section
shall state the subject matter and purpose of the intended action
in sufficient detail to inform a person that the person's
interests may be affected, and the time, place and manner in
which interested persons may present their views on the intended
action.
(b) The agency shall include with the notice of intended action
given under subsection (1) of this section:
(A) A citation of the statutory or other legal authority relied
upon and bearing upon the promulgation of the rule;
(B) A citation of the statute or other law the rule is intended
to implement;
(C) A statement of the need for the rule and a statement of how
the rule is intended to meet the need;
(D) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection. The list may be abbreviated if necessary, and if so
abbreviated there shall be identified the location of a complete
list; [{[-[and[-[}
(E) A statement of fiscal impact identifying state agencies,
units of local government and the public which may be
economically affected by the adoption, amendment or repeal of the
rule and an estimate of that economic impact on state agencies,
units of local government and the public. In considering the
economic effect of the proposed action on the public, the agency
shall utilize available information to project any significant
economic effect of that action on businesses which shall include
a cost of compliance effect on small businesses affected[{[+[;
and[+[} [{[-[.[-[}
(F) If an advisory committee is not appointed under the
provisions of ORS 183.025 (2), an explanation as to why no
advisory committee was used to assist the agency in drafting the
rule.
(c) The Secretary of State may omit the information submitted
under paragraph (b) of this subsection from publication in the
bulletin referred to in ORS 183.360.
(d) When providing notice of an intended action under the
provisions of subsection (1)(c) of this section, the agency shall
provide a copy of the rule that the agency proposes to adopt,
amend or repeal, or an explanation of how the person may acquire
a copy of the rule. The copy of an amended rule shall show all
changes to the rule by bracketing material to be deleted and
showing all new material in boldfaced type.
(3)(a) When an agency proposes to adopt, amend or repeal a
rule, it shall give interested persons reasonable opportunity to
submit data or views. Opportunity for oral hearing shall be
granted upon request received from 10 persons or from an
association having not less than 10 members before the earliest
date that the rule could become effective after the giving of
notice pursuant to subsection (1) of this section. An agency
holding a hearing upon a request made under this subsection shall
give notice of the hearing at least 21 days before the hearing to
the person who has requested the hearing and to persons who have
requested notice pursuant to subsection (7) of this section, and
shall publish notice of the hearing in the bulletin referred to
in ORS 183.360 at least 14 days before the hearing. The agency
shall consider fully any written or oral submission.
(b) An agency that receives data or views concerning proposed
rules from interested persons shall maintain a record of the data
or views submitted. The record shall contain all written
materials submitted to the agency in response to a notice of
intent to adopt, amend or repeal a rule. The record shall contain
a recording or summary of oral submissions received at hearings
held for the purpose of receiving those submissions.
(4) Upon request of an interested person received before the
earliest date that the rule could become effective after the
giving of notice pursuant to subsection (1) of this section, the
agency shall postpone the date of its intended action no less
than 21 nor more than 90 days in order to allow the requesting
person an opportunity to submit data, views or arguments
concerning the proposed action. Nothing in this subsection shall
preclude an agency from adopting a temporary rule pursuant to
subsection (5) of this section.
(5) Notwithstanding subsections (1) to (4) of this section, an
agency may adopt, amend or suspend a rule without prior notice or
hearing or upon any abbreviated notice and hearing that it finds
practicable, if the agency prepares:
(a) A statement of its findings that its failure to act
promptly will result in serious prejudice to the public interest
or the interest of the parties concerned and the specific reasons
for its findings of prejudice;
(b) A citation of the statutory or other legal authority relied
upon and bearing upon the promulgation of the rule;
(c) A statement of the need for the rule and a statement of how
the rule is intended to meet the need; and
(d) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection.
(6)(a) A rule adopted, amended or suspended under subsection
(5) of this section is temporary and may be effective for a
period of not longer than 180 days. The adoption of a rule under
this subsection does not preclude the subsequent adoption of an
identical rule under subsections (1) to (4) of this section.
(b) A rule temporarily suspended shall regain effectiveness
upon expiration of the temporary period of suspension unless the
rule is repealed under subsections (1) to (4) of this section.
(7) Any person may request in writing that an agency mail to
the person copies of its notices of intended action given
pursuant to subsection (1) of this section. Upon receipt of any
request the agency shall acknowledge the request, establish a
mailing list and maintain a record of all mailings made pursuant
to the request. Agencies may establish procedures for
establishing and maintaining the mailing lists current and, by
rule, establish fees necessary to defray the costs of mailings
and maintenance of the lists.
(8) This section does not apply to rules establishing an
effective date for a previously effective rule or establishing a
period during which a provision of a previously effective rule
will apply.
(9) This section does not apply to ORS 279.025 to 279.031 and
279.310 to 279.990 relating to public contracts and purchasing.
(10)(a) No rule is valid unless adopted in substantial
compliance with the provisions of this section in effect on the
date the rule is adopted.
(b) In addition to all other requirements with which rule
adoptions must comply, no rule adopted after October 3, 1979, is
valid unless submitted to the Legislative Counsel under ORS
183.715.
(11) Notwithstanding the provisions of subsection (10) of this
section, an agency may correct its failure to substantially
comply with the requirements of subsections (2) and (5) of this
section in adoption of a rule by an amended filing, so long as
the noncompliance did not substantially prejudice the interests
of persons to be affected by the rule. However, this subsection
does not authorize correction of a failure to comply with
subsection (2)(b)(E) of this section requiring inclusion of a
fiscal impact statement with the notice required by subsection
(1) of this section.
(12) Unless otherwise provided by statute, the adoption,
amendment or repeal of a rule by an agency need not be based upon
or supported by an evidentiary record.
(13) When an agency has established a deadline for comment on a
proposed rule under the provisions of subsection (3)(a) of this
section, the agency may not extend that deadline for another
agency or person unless the extension applies equally to all
interested agencies and persons. An agency shall not consider any
submission made by another agency after the final deadline has
passed.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 62. ORS 183.360 is amended to read:
183.360. (1) The Secretary of State shall compile, index and
publish all rules adopted by each agency. The compilation shall
be supplemented or revised as often as necessary and at least
once every six months. Such compilation supersedes any other
rules. The Secretary of State may make such compilations of other
material published in the bulletin as [{[-[is[-[} [{[+[are[+[}
desirable. The Secretary of State may copyright the compilations
prepared under this subsection, and may establish policies for
the revision, clarification, classification, arrangement,
indexing, printing, binding, publication, sale and distribution
of the compilations.
(2)(a) The Secretary of State has discretion to omit from the
compilation rules the publication of which would be unduly
cumbersome or expensive if the rule in printed or processed form
is made available on application to the adopting agency, and if
the compilation contains a notice summarizing the omitted rule
and stating how a copy thereof may be obtained. In preparing the
compilation the Secretary of State shall not alter the sense,
meaning, effect or substance of any rule, but may renumber
sections and parts of sections of the rules, change the wording
of headnotes, rearrange sections, change reference numbers to
agree with renumbered chapters, sections or other parts,
substitute the proper subsection, section or chapter or other
division numbers, change capitalization for the purpose of
uniformity, and correct manifest clerical or typographical
errors.
(b) The Secretary of State may by rule prescribe requirements,
not inconsistent with law, for the manner and form for filing of
rules adopted or amended by agencies. The Secretary of State may
refuse to accept for filing any rules which do not comply with
those requirements.
(3) The Secretary of State shall publish at least at monthly
intervals a bulletin which:
(a) Briefly indicates the agencies that are proposing to adopt,
amend or repeal a rule, the subject matter of the rule and the
name, address and telephone number of an agency officer or
employee from whom information and a copy of any proposed rule
may be obtained;
(b) Contains the text or a brief description of all rules filed
under ORS 183.355 since the last bulletin indicating the
effective date of the rule; and
(c) Contains executive orders of the Governor.
(4) Courts shall take judicial notice of rules and executive
orders filed with the Secretary of State.
(5) The compilation required by subsection (1) of this section
shall be titled Oregon Administrative Rules and may be cited as
'O.A.R.' with appropriate numerical indications.
[{[+[ NOTE:[+[} Corrects verb form.
SECTION 63. ORS 183.413 is amended to read:
183.413. (1) The Legislative Assembly finds that the citizens
of this state have a right to be informed as to the procedures by
which contested cases are heard by state agencies, their rights
in hearings before state agencies, the import and effect of
hearings before state agencies and their rights and remedies with
respect to actions taken by state agencies. Accordingly, it is
the purpose of subsections (2) to (4) of this section to set
forth certain requirements of state agencies so that citizens
shall be fully informed as to these matters when exercising their
rights before state agencies.
(2) Prior to the commencement of a contested case hearing
before any agency including those agencies identified in ORS
183.315, the agency shall inform each party to the hearing of the
following matters:
(a) If a party is not represented by an attorney, a general
description of the hearing procedure including the order of
presentation of evidence, what kinds of evidence are admissible,
whether objections may be made to the introduction of evidence
and what kind of objections may be made and an explanation of the
burdens of proof or burdens of going forward with the evidence.
(b) Whether a record will be made of the proceedings and the
manner of making the record and its availability to the parties.
(c) The function of the record-making with respect to the
perpetuation of the testimony and evidence and with respect to
any appeal from the determination or order of the agency.
(d) Whether an attorney will represent the agency in the
matters to be heard and whether the parties ordinarily and
customarily are represented by an attorney.
(e) The title and function of the person presiding at the
hearing with respect to the decision process, including, but not
limited to, the manner in which the testimony and evidence taken
by the person presiding at the hearing are reviewed, the effect
of that person's determination, who makes the final determination
on behalf of the agency, whether the person presiding at the
hearing is or is not an employee, officer or other representative
of the agency and whether that person has the authority to make a
final independent determination.
(f) In the event a party is not represented by an attorney,
whether the party may during the course of proceedings request a
recess if at that point the party determines that representation
by an attorney is necessary to the protection of the party's
rights.
(g) Whether there exists an opportunity for an adjournment at
the end of the hearing if the party then determines that
additional evidence should be brought to the attention of the
agency and the hearing reopened.
(h) Whether there exists an opportunity after the hearing and
prior to the final determination or order of the agency to review
and object to any proposed findings of fact, conclusions of law,
summary of evidence or recommendations of the officer presiding
at the hearing.
(i) A description of the appeal process from the determination
or order of the agency.
(3) The information required to be given to a party to a
hearing under [{[-[subsections (2) and (3)[-[} [{[+[subsection
(2)[+[} of this section may be given in writing or orally before
commencement of the hearing.
(4) The failure of an agency to give notice of any item
specified in [{[-[subsections (2) and (3)[-[} [{[+[subsection
(2)[+[} of this section, shall not invalidate any determination
or order of the agency unless upon an appeal from or review of
the determination or order a court finds that the failure affects
the substantial rights of the complaining party. In the event of
such a finding, the court shall remand the matter to the agency
for a reopening of the hearing and shall direct the agency as to
what steps it shall take to remedy the prejudice to the rights of
the complaining party.
[{[+[ NOTE:[+[} Corrects subsection reference.
SECTION 64. ORS 183.464 is amended to read:
183.464. (1) Except as otherwise provided in subsections (1) to
(4) of this section, unless a hearings officer is authorized or
required by law or agency rule to issue a final order, the
hearings officer shall prepare and serve on the agency and all
parties to a contested case hearing a proposed order, including
recommended findings of fact and conclusions of law. The proposed
order shall become final after the 30th day following the date of
service of the proposed order, unless the agency within that
period issues an amended order.
(2) An agency may by rule specify a period of time after which
a proposed order will become final that is different from that
specified in subsection (1) of this section.
(3) If an agency determines that additional time will be
necessary to allow the agency adequately to review a proposed
order in a contested case, the agency may extend the time after
which the proposed order will become final by a specified period
of time. The agency shall notify the parties to the hearing of
the period of extension.
(4) Subsections (1) to (4) of this section do not apply to the
Public Utility Commission or the Energy Facility Siting Council.
(5) The Governor may exempt any agency or any class of
contested case hearings before an agency from the requirements in
whole or part of subsections (1) to (4) of this section by
executive order. The executive order shall contain a statement of
the reasons for the exemption.
[{[-[(6) The Governor shall report to the Sixty-first
Legislative Assembly identifying those agencies and classes of
contested cases that have received exemptions under subsections
(5) and (6) of this section and stating the reasons for granting
those exemptions.[-[}
[{[+[ NOTE:[+[} Deletes temporary language.
SECTION 65. ORS 184.730 is amended to read:
184.730. (1) In addition to the provisions of ORS 184.689, the
department is authorized to institute a public transportation
development program which may be financed by state, federal,
local or other funds and may be operated in conjunction and
cooperation with the Federal Government, metropolitan planning
organizations, public and private employers, and public
transportation entities.
(2) The department may apply to the Federal Transit
Administration or Federal Highway Administration of the United
States Department of Transportation or other federal or state
government agency for participation in any public transportation
system development project.
(3) The department may, with the assistance of the Oregon
Department of Administrative Services or in cooperation with
public transportation entities, or both, write specifications for
and order public transportation equipment on behalf of any number
of public transportation entities, to purchase real estate or to
purchase, engineer, design, construct or lease public
transportation structures and facilities under this program.
(4) If federal funds are being used to finance any project
under this program, the department shall secure assurance from
the Federal Government of the availability and amount of federal
financial assistance. The department may also secure obligations
by the participating public transportation entities that they
will manage and operate such public transportation equipment or
facilities at the appropriate time and will supply local funding
if such is being utilized.
(5) Funding for projects under this section and ORS 184.733 may
be with whatever percentage of federal, state or local funds that
the Oregon Transportation Commission deems proper. In the event
that the federal percentage is changed by legislation, the state
and local percentage may be changed by action of the Oregon
Transportation Commission.
(6) In cooperation with metropolitan planning organizations,
public and private employers, and public transportation entities,
the department may develop transportation demand management
projects, air quality improvement projects, demonstration
projects, and planning and research projects. As used in this
subsection:
(a) Transportation demand management projects are measures to
reduce traffic congestion and travel by single occupant
automobiles including but not limited to carpool, vanpool,
buspool, park-and-ride facilities, parking management, high
occupancy [{[-[vehicles[-[} [{[+[vehicle[+[} lanes, bus bypass
lanes, flexible hours of employment, work trip reduction programs
and incentives to use public transportation.
(b) Air quality improvement projects are measures to reduce
vehicle emissions, including transportation demand management,
development of alternative fuels including fueling stations,
conversion of existing vehicles or replacement of existing
vehicles with vehicles producing lower emissions, research into
vehicles using alternative fuels and purchase of new vehicles by
public transportation entities.
(c) Demonstration projects show the merits of products,
projects, transportation service designs or management
techniques. Demonstration projects are of a limited duration.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 66. ORS 184.733 is amended to read:
184.733. (1) There is hereby established an account in the
State Treasury, separate and distinct from the General Fund, to
be known as the Department of Transportation Public
Transportation Development Fund, which account is appropriated
continuously for, and shall be used for, the purposes of ORS
184.730 [{[-[or 468A.450[-[} , developing and improving public
transportation systems [{[-[and air quality[-[} , acquiring
transportation equipment and constructing facilities or
participating with public transportation entities in the
acquisition or construction of equipment or facilities. All
interest, if any, shall inure to the benefit of the fund. In
order to facilitate financing of the costs of transportation
demand management projects, air quality improvement projects,
demonstration projects, planning and research projects,
acquisition or construction, the department may at any time, with
Oregon Transportation Commission approval, draw on funds in this
account for authorized purposes. The director may enter into
written agreements with public transportation entities that
commit the department to pay anticipated funds from the
Department of Transportation Public Transportation Development
Fund to public transportation entities for the purpose of
financing the costs of acquisition and construction of
transportation equipment and facilities, including servicing any
obligations entered into by a public transportation entity to
finance transportation equipment and facilities, which written
agreements may provide for the remittance of such funds on such
periodic basis, in such amounts, over such period of years and
with such priority over other commitments of such funds as the
director shall specify in the agreements. Any such written
agreement or commitment when executed by the director and
accepted by a public transportation entity shall be solely
conditioned upon actual funds available in the Department of
Transportation Public Transportation Development Fund and shall
be valid, binding and irrevocable in accordance with its terms.
(2) The department may utilize moneys in the fund to purchase
or lease new or rebuilt buses and other public transportation
equipment, to purchase real estate or to purchase, lease or
construct facilities for future sale to public transportation
entities either for cash or by installment contract, but no
installment contract shall be for more than five years and the
balance shall bear interest at a rate indicated by the monthly
earnings of the Oregon Short Term Investment Fund.
(3) The department may take title to and delivery of buses,
other public transportation equipment or facilities acquired or
built pursuant to this program for eventual transfer to public
transportation entities.
(4) The department may from the amount appropriated to the
Department of Transportation Public Transportation Development
Fund deduct its costs of developing projects and administering
the program authorized by this section and ORS 184.730.
(5) All moneys received by the department from the sale of
buses, other public transportation equipment, real estate or
facilities shall be placed in the Department of Transportation
Public Transportation Development Fund and subject to budgetary
limitations, may be used for the acquisition of additional
transportation equipment or facilities.
[{[-[(6) The Environmental Quality Commission shall adopt
criteria for projects to be financed by revenues raised by
emission fees imposed under ORS 468A.430. The criteria shall be
developed in cooperation with the Department of Transportation.
The criteria may include cost-effectiveness relative to other
projects within the same air quality control region, the
magnitude of the reduction in emissions and other factors as
established by the Environmental Quality Commission.[-[}
[{[-[(7) The Environmental Quality Commission shall review the
projects developed by the department for consistency with the
criteria prior to consideration for approval and implementation
by the Oregon Transportation Commission.[-[}
[{[+[ NOTE:[+[} Reflects repeal of ORS 468A.430 and 468A.450.
SECTION 67. ORS 185.530 is amended to read:
185.530. [{[+[(1)[+[} The commission may establish ad hoc
committees to study specific areas and make periodic reports to
the commission.
[{[-[(1)[-[} [{[+[(2)[+[} The chairpersons of such ad hoc
committees shall be appointed by the chairperson of the
commission, subject to approval by the commission.
[{[-[(2)[-[} [{[+[(3)[+[} Membership on ad hoc committees
shall not be limited to members of the commission.
[{[-[(3)[-[} [{[+[(4)[+[} The period during which an ad hoc
committee may function shall be determined at the time of its
creation by the commission according to the nature of the study
and project undertaken.
[{[-[(4)[-[} [{[+[(5)[+[} Members of the ad hoc committees
shall be designated as consultants to the full commission.
[{[+[ NOTE:[+[} Renumbers subsections to clarify structure.
SECTION 68. ORS 185.540 is amended to read:
185.540. The commission shall:
(1)(a) Analyze the legal status of women and men under the laws
of Oregon relating to civil rights, contracts, income, property
and the family in order to assure full equality and treatment
under the law;
(b) Monitor the implementation of laws affecting the legal
rights and duties of women; and
(c) Educate women about their legal rights and responsibilities
under the law.
(2)(a) Work for equal opportunity and treatment for women in
employment through an analysis of the employment policies and
practices of employers, both public and private;
(b) Evaluate the development of methods to assure fuller
employment options for women including nontraditional job
opportunities, day care, job sharing and [{[-[flexi-time[-[}
[{[+[flextime[+[} and part-time employment; and
(c) Examine methods to develop greater employment opportunities
and potentials for women with particular consideration for the
needs of minority women, older women, rural women and displaced
homemakers.
(3)(a) Evaluate the progress of providing equality of
educational opportunities for women in Oregon as mandated by
state and federal law;
(b) Assist efforts to inform women about nontraditional
educational and employment opportunities; and
(c) Promote the elimination of sexist and racist barriers in
the educational process, such as staffing patterns, teacher
training, curriculum and textbook selection.
(4)(a) Encourage women to pursue a variety of roles in life,
both in the community and in the family;
(b) Promote the full recognition of the contributions of women
whether in the home, as [{[-[a volunteer[-[}
[{[+[volunteers[+[} in the community or in the labor market;
(c) Promote the valuation of work within the home at a level
comparable with work outside the home; and
(d) Investigate family relationships which are detrimental to
women and to the development of productive family life.
(5) Encourage and recommend women to serve on appointive boards
and commissions and encourage them to seek elective office.
(6) Identify and address issues which may be unique to special
categories of women including minority women, juvenile women,
older women, rural women and displaced homemakers.
[{[+[ NOTE:[+[} Corrects spelling; corrects syntax.
SECTION 69. ORS 190.210 is amended to read:
190.210. [{[+[(1)[+[} The Legislative Assembly recognizes the
need for intergovernmental cooperation between the state
governmental agencies located in the various regions of the state
and the local governmental agencies which provide the state
agencies necessary services such as:
(a) Fire and police protection;
(b) Sewage, water and storm drainage;
(c) Traffic and transportation facilities;
(d) Refuse disposal; and
(e) Schools, parks and zoning.
[{[+[ (2)[+[} In meeting this need for intergovernmental
cooperation, the Oregon Department of Administrative Services
shall maintain liaison with the various local governmental
agencies which provide services to the state agencies and may
participate in the joint deliberations of the local governments
in developing plans for services which are supported or utilized
by these state agencies.
[{[+[ NOTE:[+[} Adds subsection numbers to clarify structure.
SECTION 70. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure[{[+[.[+[} [{[-[;[-[}
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy[{[+[.[+[} [{[-[;[-[}
(3) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure[{[+[.[+[} [{[-[;[-[}
(4) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure[{[+[.[+[} [{[-[;[-[}
(5) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure[{[+[.[+[}
[{[-[;[-[}
(6) Reports made to or filed with the court under ORS 137.077
or 137.530[{[+[.[+[} [{[-[;[-[}
(7) Any public records or information the disclosure of which
is prohibited by federal law or regulations[{[+[.[+[} [{[-[;[-[}
(8) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law[{[+[.[+[} [{[-[;[-[}
(9) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable[{[+[.[+[} [{[-[;[-[}
(10) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530[{[+[.[+[} [{[-[;[-[}
(11) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employes' Retirement System pursuant to
ORS 237.001 to 237.320[{[+[.[+[} [{[-[;[-[}
(12) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption[{[+[.[+[} [{[-[;[-[}
(13) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employes' Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter[{[+[.[+[} [{[-[;[-[}
(14) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352[{[+[.[+[}
[{[-[;[-[}
(15) The following records, communications and information
submitted to the [{[+[Oregon[+[} Economic Development Commission,
the Economic Development Department, the Oregon Resource and
Technology Development Corporation, the Port of Portland or other
ports, as defined in ORS 777.005, by applicants for loans or
services described in ORS 285.120:
(a) Personal financial statements[{[+[.[+[} [{[-[;[-[}
(b) Financial statements of applicants[{[+[.[+[} [{[-[;[-[}
(c) Customer lists[{[+[.[+[} [{[-[;[-[}
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation[{[+[.[+[} [{[-[;[-[}
(e) Production, sales and cost data[{[+[.[+[} [{[-[; and[-[}
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors[{[+[.[+[} [{[-[;[-[}
(16) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes[{[+[.[+[} [{[-[;[-[}
(b) The period for which the taxes are delinquent[{[+[.[+[}
[{[-[; and[-[}
(c) The actual, or estimated, amount of the
delinquency[{[+[.[+[} [{[-[;[-[}
(17) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491[{[+[.[+[} [{[-[;
and[-[}
(18) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
[{[+[ NOTE:[+[} Simplifies punctuation; corrects commission
name.
SECTION 71. ORS 192.530 is amended to read:
192.530. The Health Division of the Department of Human
Resources and those boards licensing the healing arts that have
been established in the division shall assist private health care
providers in this state to develop guidelines necessary to
fulfill this state's policy of facilitating a patient's access to
medical records referring to the patient and limiting disclosure,
without the patient's consent, to persons other than the health
care provider and insurer of the patient who needs such
information.
[{[-[Such guidelines shall be reported to the Sixtieth
Legislative Assembly.[-[}
[{[+[ NOTE:[+[} Deletes temporary language.
SECTION 72. ORS 195.210 is amended to read:
195.210. (1) The statement [{[-[of chief purpose[-[}
[{[+[summarizing the measure and its major effect[+[} in the
ballot title of a proposal for adoption of an annexation plan
shall contain a general description of the boundaries of each
territory proposed to be annexed. The description shall use
streets and other generally recognized features. Notwithstanding
ORS 250.035, the statement [{[-[of chief purpose[-[}
[{[+[summarizing the measure and its major effect[+[} shall not
exceed 150 words.
(2) The notice of an annexation plan election shall be given as
provided in ORS 254.095 and 254.205, except that in addition the
notice shall contain a map indicating the boundaries of each
territory proposed to be annexed.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 73. ORS 197.295 is amended to read:
197.295. As used in ORS 197.303 to 197.313 and 197.475 to
197.490:
(1) 'Buildable lands' means lands in urban and urbanizable
areas that are suitable, available and necessary for residential
uses.
(2) 'Manufactured dwelling park' has the meaning given that
term in ORS 446.003.
(3) 'Government assisted housing' means housing that is
financed in whole or part by either a federal or state housing
agency or a [{[-[local[-[} housing authority as defined in ORS
456.005
[{[-[to 456.720[-[} , or housing that is occupied by a tenant or
tenants who benefit from rent supplements or housing vouchers
provided by either a federal or state housing agency or a local
housing authority.
(4) 'Manufactured homes' has the meaning given that term in ORS
446.003.
(5) 'Mobile home park' has the meaning given that term in ORS
446.003.
(6) 'Periodic review' means the process and procedures as set
forth in ORS 197.628 to 197.646.
(7) 'Urban growth boundary' means an urban growth boundary
included or referenced in a comprehensive plan.
[{[+[ NOTE:[+[} Corrects terminology; specifies definition
section.
SECTION 74. ORS 198.190 is amended to read:
198.190. A member of the governing body of a district may
receive [{[+[an amount[+[} not to exceed $50 for each day or
portion thereof as compensation for services performed as a
member of the governing body. Such compensation shall not be
deemed lucrative. The governing body may provide for
reimbursement of a member for actual and reasonable traveling and
other expenses necessarily incurred by a member in performing
official duties.
[{[+[ NOTE:[+[} Inserts missing words.
SECTION 75. ORS 215.203 is amended to read:
215.203. (1) Zoning ordinances may be adopted to zone
designated areas of land within the county as exclusive farm use
zones. Land within such zones shall be used exclusively for farm
use except as otherwise provided in ORS 215.213, 215.283 or
215.284. Farm use zones shall be established only when such
zoning is consistent with the comprehensive plan.
(2)(a) As used in this section, 'farm use' means the current
employment of land for the primary purpose of obtaining a profit
in money by raising, harvesting and selling crops or the feeding,
breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees or for dairying and the
sale of dairy products or any other agricultural or horticultural
use or animal husbandry or any combination thereof. 'Farm use'
includes the preparation and storage of the products raised on
such land for human use and animal use and disposal by marketing
or otherwise. 'Farm use' also includes the current employment of
land for the primary purpose of obtaining a profit in money by
stabling or training equines. 'Farm use' also includes the
propagation, cultivation, maintenance and harvesting of aquatic
species. It does not include the use of land subject to the
provisions of ORS chapter 321, except land used exclusively for
growing cultured Christmas trees as defined in subsection (3) of
this section or land described in ORS 321.267 (1)(e) or 321.415
(5).
(b) 'Current employment' of land for farm use includes:
(A) Farmland, the operation or use of which is subject to any
farm-related government program;
(B) Land lying fallow for one year as a normal and regular
requirement of good agricultural husbandry;
(C) Land planted in orchards or other perennials, other than
land specified in subparagraph (D) of this paragraph, prior to
maturity;
(D) Land not in an exclusive farm use zone which has not been
eligible for assessment at special farm use value in the year
prior to planting the current crop and has been planted in
orchards, cultured Christmas trees or vineyards for at least
three years;
(E) Wasteland, in an exclusive farm use zone, dry or covered
with water, neither economically tillable nor grazeable, lying in
or adjacent to and in common ownership with a farm use land and
which is not currently being used for any economic farm use;
(F) Land under buildings supporting accepted farm practices;
(G) Water impoundments lying in or adjacent to and in common
ownership with farm use land;
(H) Any land constituting a woodlot, not to exceed 20 acres,
contiguous to and owned by the owner of land specially valued for
farm use even if the land constituting the woodlot is not
utilized in conjunction with farm use;
(I) Land lying idle for no more than one year where the absence
of farming activity is due to the illness of the farmer or member
of the farmer's immediate family. For purposes of this paragraph,
illness includes injury or infirmity whether or not such illness
results in death;
(J) Any land described under ORS 321.267 (1)(e) or 321.415 (5);
and
(K) Any land in an exclusive farm use zone used for the storage
of agricultural products that would otherwise be disposed of
through open field burning or propane flaming.
(c) As used in this subsection, 'accepted farming practice '
means a mode of operation that is common to farms of a similar
nature, necessary for the operation of such farms to obtain a
profit in money, and customarily utilized in conjunction with
farm use.
(3) 'Cultured Christmas trees' means trees:
(a) Grown on lands used exclusively for that purpose, capable
of preparation by intensive cultivation methods such as plowing
or turning over the soil;
(b) Of a [{[+[marketable[+[} species [{[-[for which the
Department of Revenue requires a 'Report of Christmas Trees
Harvested' for purposes of ad valorem taxation[-[} ;
(c) Managed to produce trees meeting U.S. No. 2 or better
standards for Christmas trees as specified by the Agriculture
Marketing Services of the United States Department of
Agriculture; and
(d) Evidencing periodic maintenance practices of shearing for
Douglas fir and pine species, weed and brush control and one or
more of the following practices: Basal pruning, fertilizing,
insect and disease control, stump culture, soil cultivation,
irrigation.
[{[+[ NOTE:[+[} Eliminates reference to report that is no
longer required.
SECTION 76. ORS 215.273 is amended to read:
215.273. Nothing in ORS 118.155, 215.130, 215.203, 215.213,
215.243 to 215.273, 215.283, 215.284, [{[-[308.395 to
308.401[-[} [{[+[ 308.370 to 308.407[+[} and 316.844 is intended
to affect the authority of the Energy Facility Siting Council in
determining suitable sites for the issuance of site certificates
for thermal power plants, as authorized under ORS 469.300 to
469.570, 469.590 to 469.619 and 469.930.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 77. ORS 215.402 is amended to read:
215.402. As used in ORS 215.402 to 215.438 [{[+[and 215.700 to
215.780[+[} unless the context requires otherwise:
(1) 'Contested case' means a proceeding in which the legal
rights, duties or privileges of specific parties under general
rules or policies provided under ORS 215.010 to 215.213, 215.215
to 215.263, 215.283 to 215.293, 215.317, 215.327[{[+[,[+[}
[{[-[and[-[} 215.402 to 215.438 [{[+[and 215.700 to 215.780[+[},
or any ordinance, rule or regulation adopted pursuant thereto,
are required to be determined only after a hearing at which
specific parties are entitled to appear and be heard.
(2) 'Hearing' means a quasi-judicial hearing, authorized or
required by the ordinances and regulations of a county adopted
pursuant to ORS 215.010 to 215.213, 215.215 to 215.263, 215.283
to 215.293, 215.317, 215.327[{[+[,[+[} [{[-[and[-[} 215.402 to
215.438 [{[+[and 215.700 to 215.780[+[}:
(a) To determine in accordance with such ordinances and
regulations if a permit shall be granted or denied; or
(b) To determine a contested case.
(3) 'Hearings officer' means a planning and zoning hearings
officer appointed or designated by the governing body of a county
under ORS 215.406.
(4) 'Permit' means discretionary approval of a proposed
development of land under ORS 215.010 to 215.293[{[+[,[+[}
[{[-[and[-[} 215.317 to 215.438 [{[+[and 215.700 to 215.780[+[}
or county legislation or regulation adopted pursuant thereto.
'Permit' does not include:
(a) A limited land use decision as defined in ORS 197.015;
(b) A decision which determines the appropriate zoning
classification for a particular use by applying criteria or
performance standards defining the uses permitted within the
zone, and the determination applies only to land within an urban
growth boundary; or
(c) A decision which determines final engineering design,
construction, operation, maintenance, repair or preservation of a
transportation facility which is otherwise authorized by and
consistent with the comprehensive plan and land use regulations.
[{[+[ NOTE:[+[} Supplies definitions for ORS 215.700 to
215.780.
SECTION 78. ORS 215.710 is amended to read:
215.710. (1) For purposes of ORS 215.705, high-value farmland
is land in a tract composed predominantly of soils that, at the
time the siting of a dwelling is approved for the tract, are:
(a) Irrigated and classified prime, unique, Class I or Class
II; or
(b) Not irrigated and classified prime, unique, Class I or
Class II.
(2) In addition to that land described in subsection (1) of
this section, for purposes of ORS 215.705, high-value farmland,
if outside the Willamette Valley, includes tracts growing
specified perennials as demonstrated by the most recent aerial
photography of the Agricultural Stabilization and Conservation
Service of the United States Department of Agriculture taken
prior to November 4, 1993. For purposes of this subsection,
'specified perennials ' means perennials grown for market or
research purposes including, but not limited to, nursery stock,
berries, fruits, nuts, Christmas trees or vineyards but not
including seed crops, hay, pasture or alfalfa.
(3) In addition to that land described in subsection (1) of
this section, for purposes of ORS 215.705, high-value farmland,
if in the Willamette Valley, includes tracts composed
predominantly of the following soils in Class III or IV or
composed predominantly of a combination of soils described in
subsection (1) of this section and the following soils:
(a) Subclassification IIIe, specifically, Bellpine, Bornstedt,
Burlington, Briedwell, Carlton, Cascade, Chehalem, Cornelius,
Cornelius Variant, Cornelius and Kinton, Helvetia, Hillsboro,
Hullt, Jory, Kinton, Latourell, Laurelwood, Melbourne, Multnomah,
Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum, Sawtell,
Silverton, Veneta, Willakenzie, Woodburn and Yamhill;
(b) Subclassification IIIw, specifically, Concord, Conser,
Cornelius Variant, Dayton (thick surface) and Sifton
(occasionally flooded);
(c) Subclassification IVe, specifically, Bellpine Silty Clay
Loam, Carlton, Cornelius, Jory, Kinton, Latourell, Laurelwood,
Powell, Quatama, Springwater, Willakenzie and Yamhill; and
(d) Subclassification IVw, specifically, Awbrig, Bashaw,
Courtney, Dayton, Natroy, Noti and Whiteson.
(4) In addition to that land described in subsection (1) of
this section, for purposes of ORS 215.705, high-value farmland,
if west of the summit of the Coast Range and used in conjunction
with a dairy operation on January 1, 1993, includes tracts
composed predominantly of the following soils in Class III or IV
or composed [{[-[predominately[-[} [{[+[predominantly[+[} of a
combination of soils described in subsection (1) of this section
and the following soils:
(a) Subclassification IIIe, specifically, Astoria, Hembre,
Knappa, Meda, Quillayutte and Winema;
(b) Subclassification IIIw, specifically, Brenner and Chitwood;
(c) Subclassification IVe, specifically, Astoria, Hembre, Meda,
Nehalan, Neskowin and Winema; and
(d) Subclassification IVw, specifically, Coquille.
(5) The soil class, soil rating or other soil designation of a
specific lot or parcel may be changed if the property owner
submits a statement of agreement from the Soil Conservation
Service of the United States Department of Agriculture that the
soil class, soil rating or other soil designation should be
adjusted based on new information.
(6) Soil classes, soil ratings or other soil designations used
in or made pursuant to this section are those of the Soil
Conservation Service in its most recent publication for that
class, rating or designation before November 4, 1993.
[{[+[ NOTE:[+[} Conforms spelling.
SECTION 79. ORS 221.770 is amended to read:
221.770. (1) A share of certain revenues of this state shall be
apportioned among and distributed to the cities of this state for
general purposes as provided in this section. A city shall not be
included in apportionments or receive distributions under this
section for a fiscal year commencing on July 1 unless the city:
(a) Elects to receive distributions under this section for the
fiscal year by enactment of an ordinance or resolution expressing
that election and filing a copy of that ordinance or resolution
with the Oregon Department of Administrative Services not later
than July 31 of the fiscal year; [{[-[and[-[}
(b) Holds at least one public hearing, after adequate public
notice, at which citizens have the opportunity to provide written
and oral comment to the authority responsible for approving the
proposed budget of the city for the fiscal year on the possible
uses of the distributions, including offset against property tax
levies by the city for the fiscal year, and certifies its
compliance with this paragraph to the Oregon Department of
Administrative Services not later than July 31 of the fiscal
year;
(c) Holds at least one public hearing, after adequate public
notice, at which citizens have the opportunity to provide written
and oral comment to, and ask questions of, the authority
responsible for adopting the budget of the city for the fiscal
year on the proposed use of the distributions in relation to the
entire budget of the city for the fiscal year, including possible
offset of the distributions against property tax levies by the
city for the fiscal year, and certifies its compliance with this
paragraph to the Oregon Department of Administrative Services not
later than July 31 of the fiscal year; and
(d) Levied a property tax for the year preceding the year in
which revenue sharing is due under ORS 471.810 and this section.
(2) Not later than 35 days after the last day of each calendar
quarter ending March 31, June 30, September 30 and December 31,
the Oregon Liquor Control Commission shall determine the amount
of the net revenue under ORS 471.810, received during the
preceding calendar quarter and shall certify that amount to the
Oregon Department of Administrative Services.
(3) In addition to amounts otherwise apportioned to cities
under ORS 471.810, not later than 20 days after the date the
Oregon Department of Administrative Services receives a
certification under subsection (2) of this section, the
department shall apportion among the cities of this state in the
manner provided in subsection (4) of this section an amount equal
to 14 percent of the amount so certified, and shall pay to each
city the amount so apportioned to the city. Payments shall be
made from the General Fund, and amounts necessary to make those
payments are appropriated to the Oregon Department of
Administrative Services out of the General Fund.
(4) The amount apportioned to each city under subsection (3) of
this section shall be a percentage of the total amount to be
apportioned among the cities determined by dividing the adjusted
population of the city by the sum of the adjusted populations of
all cities. The adjusted population of a city shall be determined
[{[-[pursuant to the following formula:[-[} [{[+[ by multiplying
the city's population by the sum of:
(a) The city's local consolidated property taxes per capita
divided by the average consolidated property taxes per capita for
all cities in the state; and
(b) The amount of state income per capita divided by the amount
of city income per capita.[+[}
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Local consolidated
property taxes
per capita State income
for the city per capita
City
population_v__
_ _
+ ____
Average consoCitytincome
property taxeper capita
per capita
for all cities
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(5) The amount apportioned to each city shall be further
limited to an amount no greater than the amount of all property
taxes levied by the city during the year previous to the year in
which distributions are made.
(6) For purposes of the formula set forth in subsection (4) of
this section, 'city population' is the population of a city as
last determined under ORS 190.510 to 190.590.
(7)(a) For purposes of the formula set forth in subsection (4)
of this section, 'local consolidated property taxes' has the
meaning given in subsection (8) of this section, for a city
divided by the population of the city as last determined under
ORS 190.510 to 190.590.
(b) The Oregon Department of Administrative Services shall
determine the amounts of property taxes for each city during the
fiscal year closing on June 30 preceding the fiscal year
commencing on July 1 for which calendar quarter apportionments
are made, and that determination shall be used for each calendar
quarter apportionment for that fiscal year commencing on July 1.
(8) For purposes of subsection (7) of this section '
consolidated property taxes' are the total of all compulsory
contributions in the form of ad valorem taxes on property located
within a city levied during a one-year period by the city, a
county, any school district and any special governmental district
for public purposes and in amounts as compiled by the Department
of Revenue on the basis of application of consolidated tax rates
to assessor code area valuations.
(9) For purposes of the formula set forth in subsection (4) of
this section, 'income per capita' is the estimated average annual
money income of residents of this state and of residents of each
city of this state, respectively, based upon the latest
information available from the United States Department of
Commerce.
(10) A city receiving a distribution under this section may
return all or any part of the distribution to the Oregon
Department of Administrative Services, which shall deposit the
returned distribution or part thereof in the General Fund to be
available for payment of the general expenses of the state.
[{[+[ NOTE:[+[} Restructures language to eliminate need for
hand-drawn braces in ORS; deletes unnecessary connector.
SECTION 80. ORS 222.130 is amended to read:
222.130. (1) The statement [{[-[of chief purpose[-[}
[{[+[summarizing the measure and its major effect[+[} in the
ballot title for a proposal for annexation shall contain a
general description of the boundaries of each territory proposed
to be annexed. The description shall use streets and other
generally recognized features. Notwithstanding ORS 250.035, the
statement [{[-[of chief purpose[-[} [{[+[summarizing the
measure and its major effect[+[} shall not exceed 150 words.
(2) The notice of an annexation election shall be given as
provided in ORS 254.095 and 254.205, except that in addition the
notice shall contain a map indicating the boundaries of each
territory proposed to be annexed.
(3) Whenever simultaneous elections are held in a city and the
territory to be annexed, the same notice and publication shall
fulfill the requirements of publication for the city election and
the election held in the territory.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 81. ORS 222.250 is amended to read:
222.250. (1) After the charter commission has prepared and
adopted a charter, the secretary of the charter commission shall
file copies of the charter, certified as correct by the secretary
or two or more members of the commission, with the governing
bodies of each of the incorporated cities to be included in the
proposed city. Within 30 days after the filing the governing
bodies of the cities shall meet in joint convention, at the usual
place of meeting of the governing body of the city having the
largest population as shown by the last federal census to adopt a
ballot title for the question of consolidation and adoption of a
city charter and tax base. The ballot title shall comply with the
requirements of ORS 310.402. The tax base submitted to the
electors shall be the tax base included in the petition for
consolidation filed under ORS 222.230.
(2) The election shall be held on the date of the next regular
statewide primary or general election that is not earlier than
the 90th day after the filing. The election shall be called and
held for the purpose of submitting the following question to the
electors of each incorporated city and of each unincorporated
area to be included in the proposed city:
(a) Whether an incorporated city shall be created consisting of
the largest city proposed to be included therein, of each other
incorporated city whose electors vote to create the proposed
city, and of each unincorporated area in which the electors vote
to create the proposed city;
(b) Whether the charter proposed by the charter commission
shall be adopted as the charter for the city; and
(c) Whether the tax base included in the petition for
consolidation filed under ORS 222.230 shall be adopted as the
initial tax base of the new city.
(3) If the governing bodies cannot agree at the joint
convention upon a date and a ballot title for the election, the
county court of the county in which is located the administrative
office of the city having the largest population of all cities
proposed to be included in the consolidated city, by resolution
duly adopted by the county court, shall determine a date and
adopt a ballot title. The election in that case shall be called
by the county court for the purposes provided in the petitions
and ORS 222.210 to 222.310.
(4) The statement [{[-[of chief purpose[-[} [{[+[summarizing
the measure and its major effect[+[} in a ballot title for an
election under this section shall include a general description
of the boundaries of the proposed city. The description shall use
streets and other generally recognized features and name the
cities proposed to be included in the consolidated city.
Notwithstanding ORS 250.035, the statement [{[-[of chief
purpose[-[} [{[+[summarizing the measure and its major
effect[+[} shall not exceed 150 words.
(5) Not later than the 61st day before the date of the
election, the officer performing the duties of clerk of the joint
convention or the county court shall file the ballot title with
the county clerk of the county in which is located the
administrative office of the city having the largest population
of all cities proposed to be included in the consolidated city.
The ballot title may be challenged in the manner provided for
county measures in ORS 250.195.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 82. ORS 222.620 is amended to read:
222.620. (1) The question of merger shall be submitted to the
electors of the city desiring to surrender its charter and be
merged into an adjoining city, as provided in this section. The
governing body of the city shall call an election on the question
when a petition is filed as provided in this section.
(2) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition under ORS 250.265 to 250.346. However,
notwithstanding ORS 250.325, the governing body of the city shall
not consider adoption or rejection of the measure before
submitting it to the electors.
(3) Notwithstanding subsection (2) of this section, if ORS
250.255 makes ORS 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.
(4) The question of merger under this section may not be
submitted to the electors of the city more than once in any
12-month period.
(5) An election under this section shall be conducted under ORS
chapters 246 to 260, except as follows:
(a) The statement [{[-[of chief purpose[-[} [{[+[summarizing
the measure and its major effect[+[} in the ballot title shall
include a general description of the boundaries of each city
proposed to be included in the merger. The description shall use
streets and other generally recognized features and name the
cities included in the proposed merger. Notwithstanding ORS
250.035, the statement [{[-[of chief purpose[-[}
[{[+[summarizing the measure and its major effect[+[} shall not
exceed 150 words.
(b) The notice of the election shall include a map indicating
the boundaries of each city included in the proposed merger.
(6) An election under this section shall be held on the next
practicable date under ORS 221.230.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 83. ORS 222.650 is amended to read:
222.650. (1) The question of merger shall be submitted to the
electors of the city into which the city surrendering its charter
is to be merged as provided in this section. The governing body:
(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) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition under ORS 250.265 to 250.346. However,
notwithstanding ORS 250.325, if the governing body of the city
orders the election, the governing body shall not first consider
adoption or rejection of the measure before submitting it to the
electors.
(3) Notwithstanding subsection (2) of this section, if ORS
250.255 makes ORS 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.
(4) The question under this section may not be submitted to the
electors of the city more than once in a 12-month period.
(5) An election under this section shall be conducted under ORS
chapters 246 to 260, except as follows:
(a) The statement [{[-[of chief purpose[-[} [{[+[summarizing
the measure and its major effect[+[} in the ballot title shall
include a general description of the boundaries of each city
proposed to be included in the merger. The description shall use
streets and other generally recognized features and name the
cities included in the proposed merger. Notwithstanding ORS
250.035, the statement [{[-[of chief purpose[-[}
[{[+[summarizing the measure and its major effect[+[} shall not
exceed 150 words.
(b) The notice of the election shall include a map indicating
the boundaries of each city included in the proposed merger.
(6) An election under this section shall be held on the next
practicable date under ORS 221.230.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 84. ORS 240.610 is amended to read:
240.610. (1) Notwithstanding ORS 662.435, when the Employment
Relations Board assigns a mediator under ORS 243.712 or 662.425
to resolve a labor dispute or labor controversy between a local
public employer and the exclusive representative of the employees
of that employer, the board may charge a fee for the mediation
services provided by the board.
(2) A fee authorized by this section shall be charged only once
during the entire period of negotiations between a local public
employer and an exclusive representative over the terms of a
collective bargaining agreement or for the resolution of a labor
dispute or controversy, without regard to the number of times
mediation services are provided during the negotiations.
(3) The fee charged by the board under this section shall not
exceed $500 and the local public employer and the exclusive
representative shall each pay one-half of the amount of the fee
to the board.
(4) Fees received by the board under this section shall be
deposited to the credit of the [{[-[Public Employe Relations
Account[-[} [{[+[Oregon Department of Administrative Services
Operating Fund[+[} established by ORS 240.170.
(5) As used in this section:
(a) 'Exclusive representative' and 'labor dispute' have the
meanings given those terms in ORS 243.650.
(b) 'Local public employer' means any political subdivision in
this state, including a city, county, community college, school
district, special district and a public and quasi-public
corporation.
[{[+[ NOTE:[+[} Corrects name of state agency fund.
SECTION 85. ORS 244.020 is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection
(8)(a) to (c) of this section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
is associated in a nonremunerative capacity.
(3) 'Business with which the person is associated' means any
business of which the person or the person's relative is a
director, officer, owner or employee, or agent or any corporation
in which the person or the person's relative owns or has owned
stock worth $1,000 or more at any point in the preceding calendar
year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged. The commission may by rule limit the minimum size of or
otherwise establish criteria for or identify the smaller classes
that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(8) 'Gift' means something of economic value given to a public
official or the public official's relative without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or the public official's relative for
valuable consideration less than that required from others who
are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when
participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof and the value of the entertainment does not exceed $100
per person on a single occasion and is not greater than $250 in
any one calendar year.
(9) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(10) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(11) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(12) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(13) 'Member of household' means any relative who resides with
the public official.
(14) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
[{[-[Superintendent of Public Instruction-elect[-[}
[{[+[Superintendent-elect of Public Instruction[+[}, Attorney
General or Attorney General-elect and the Commissioner of the
Bureau of Labor and Industries or the Commissioner-elect of the
Bureau of Labor and Industries.
(18) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
[{[+[ NOTE:[+[} Corrects word usage error.
SECTION 86. ORS 244.045 is amended to read:
244.045. (1) A person who has been a Public Utility
Commissioner, the Director of the Department of Consumer and
Business Services, the Administrator of the Division of Finance
and Corporate Securities, the Administrator of the Insurance
Division, the Administrator of the Oregon Liquor Control
Commission [{[-[and[-[} [{[+[or[+[} the Director of the Oregon
State Lottery shall not:
(a) Within one year after the public official ceases to hold
the position become an employee of or receive any financial gain,
other than reimbursement of expenses, from any private employer
engaged in the activity, occupation or industry over which the
former public official had authority; or
(b) Within two years after the public official ceases to hold
the position:
(A) Be a lobbyist for or appear as a representative before the
agency over which the person exercised authority as a public
official;
(B) Influence or try to influence the actions of the agency; or
(C) Disclose any confidential information gained as a public
official.
(2) A person who has been a Deputy Attorney General or an
assistant attorney general shall not, within two years after the
person ceases to hold the position, lobby or appear before an
agency that the person represented while employed by the
Department of Justice.
(3) A person who has been the State Treasurer or the Chief
Deputy State Treasurer shall not, within one year after ceasing
to hold office:
(a) Accept employment from or be retained by any private entity
with whom the office of the State Treasurer or the Oregon
Investment Council negotiated or to whom either awarded a
contract providing for payment by the state of at least $25,000
in any single year during the term of office of the treasurer;
(b) Accept employment from or be retained by any private entity
with whom the office of the State Treasurer or the Oregon
Investment Council placed at least $50,000 of investment moneys
in any single year during the term of office of the treasurer; or
(c) Be a lobbyist for an investment institution, manager or
consultant, or appear before the office of the State Treasurer or
Oregon Investment Council as a representative of an investment
institution, manager or consultant.
(4) A public official who as part of the official's duties
invested public funds shall not within two years after the public
official ceases to hold the position:
(a) Be a lobbyist or appear as a representative before the
agency, board or commission for which the former public official
invested public funds;
(b) Influence or try to influence the agency, board or
commission; or
(c) Disclose any confidential information gained as a public
official.
[{[+[ NOTE:[+[} Clarifies meaning.
SECTION 87. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Resources.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of Public Employes' Retirement Board.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Director of Oregon Office of Educational Policy and
Planning.
(X) Director of the Department of Energy.
(Y) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof established under ORS
198.705 to 198.955 or 268.100 to 268.190.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) [{[+[Oregon[+[} Economic Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employes' Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Housing, Educational and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the statewide
primary election, each candidate for elective public office
described in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the statewide
general election, each candidate for elective public office
described in subsection (1) of this section who was not a
candidate in the preceding statewide primary election, shall file
with the commission a statement of economic interest as required
under ORS 244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
[{[+[ NOTE:[+[} Corrects commission name.
SECTION 88. ORS 248.370 is amended to read:
248.370. The electors of President and Vice President shall
convene at noon at the State [{[-[capital[-[} [{[+[Capitol[+[}
on the Monday after the second Wednesday in December following
their election. If there is any vacancy in the office of an
elector caused by death, refusal to act, neglect to attend or
otherwise, the electors present immediately shall fill it by
plurality of voice votes. When all the electors have appeared or
the vacancies have been filled, the electors shall perform the
duties required of them by the Constitution and laws of the
United States.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 89. [{[+[ORS 249.023 is added to and made a part of ORS
249.016 to 249.205.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to add section to
proper series.
SECTION 90. ORS 260.725 is amended to read:
260.725. (1) No legislative official, statewide official or
candidate therefor shall attempt to receive or to solicit or
receive or solicit a campaign contribution to the official or
candidate or the official's or candidate's principal campaign
committee or attempt to solicit or solicit a campaign expenditure
in support of the official or candidate from any person or
political committee during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor
shall not attempt to receive or to solicit or receive or solicit
a campaign contribution to the Governor or candidate for Governor
or the Governor's or candidate's principal campaign committee or
attempt to solicit or solicit a campaign expenditure in support
of the Governor or candidate for Governor from any person or
political committee during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending 30 days following adjournment of
the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly.
(3) No person or political committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending upon adjournment
of the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly, shall
attempt to make or promise to make or make or promise to make a
campaign contribution to a legislative official, statewide
official or candidate therefor or to the official's or
candidate's principal campaign committee, or promise to make a
campaign expenditure in support of the official or candidate.
(4) No person or political committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 days following
adjournment of the regular biennial session of the Legislative
Assembly, or during any special session of the Legislative
Assembly, shall attempt to make or promise to make or make or
promise to make a campaign contribution to the Governor,
Governor-elect or candidate for Governor, or to the Governor's or
candidate's principal campaign committee, or promise to make a
campaign expenditure in support of the Governor or candidate for
Governor.
(5) No person or political committee affiliated with a
political party, caucus of either house of the Legislative
Assembly, legislative official, statewide official or the
Governor, Governor-elect or candidate for Governor shall attempt
to receive or solicit or receive or solicit a campaign
contribution on behalf of a legislative official, statewide
official or candidate therefor during the period beginning
January 1 immediately preceding a regular biennial session of the
Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(6) No person or political committee affiliated with a
political party, caucus of either house of the Legislative
Assembly, legislative official, statewide official or the
Governor, Governor-elect or candidate for Governor shall attempt
to receive or solicit or receive or solicit a campaign
contribution on behalf of the Governor, Governor-elect or
candidate for Governor during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending 30 days following adjournment of
the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly.
(7) Nothing in this section shall prohibit:
(a) A legislative official, statewide official or candidate
therefor from making a contribution as an individual from the
individual's personal funds to the same official, candidate or
the candidate's principal campaign committee; or
(b) The Governor, Governor-elect or a candidate for Governor
from making a contribution as an individual from the individual's
personal funds to the same individual as Governor,
Governor-elect, a candidate for Governor or the candidate's
principal campaign committee.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
[{[-[Superintendent of Public Instruction-elect[-[}
[{[+[Superintendent-elect of Public Instruction[+[}, Attorney
General or Attorney General-elect and the Commissioner of the
Bureau of Labor and Industries or the Commissioner-elect of the
Bureau of Labor and Industries.
[{[+[ NOTE:[+[} Corrects word usage error.
SECTION 91. ORS 261.355 is amended to read:
261.355. (1) For the purpose of carrying into effect the powers
granted in this chapter, any district may issue and sell revenue
bonds, when authorized by a majority of its electors voting at
any general primary or general election or special election.
(2) All revenue bonds issued and sold under this chapter shall
be so conditioned as to be paid solely from that portion of the
revenues derived from the district by the sale of water,
waterpower and electric energy, or any of them, or any other
service, commodity or facility which may be produced, used or
furnished in connection therewith, remaining after paying from
those revenues all expenses of operation and maintenance,
including taxes.
(3) Notwithstanding subsection (1) of this section and subject
to subsection (4) of this section, any district may, by a duly
adopted resolution of its board, issue and sell revenue bonds for
the purpose of betterments and extensions within the existing
boundaries of the district, but the amount so issued shall be
limited to the reasonable value of the betterments and extensions
plus an amount not to exceed 10 percent thereof for
administrative purposes. Revenue bonds shall not be issued and
sold for the purpose of acquiring an initial utility system or
acquiring property or facilities owned by another entity that
provides electric utility service without first obtaining the
affirmative vote of the electors within the district.
(4) Not later than the 30th day prior to a board meeting at
which adoption of a resolution under subsection (3) of this
section will be considered, the district shall:
(a) Provide for and give public notice, reasonably calculated
to give actual notice to interested persons including news media
which have requested notice, of the time and place of the meeting
and of the intent of the board to consider and possibly adopt the
resolution; and
(b) Mail to its customers notice of the time and place of the
meeting and of the intent of the board to consider and possibly
adopt the resolution.
(5) Any authorizing resolution adopted for the purposes of
subsection (3) of this section shall provide that electors
residing within the district may file a petition with the
district asking to have the question of whether to issue such
bonds referred to a vote.
(6) If within 60 days after adoption of a resolution under
subsection (3) of this section the district receives petitions
containing valid signatures of not fewer than five percent of the
electors of the district, the question of issuing the bonds shall
be placed on the ballot at the next date on which a district
election may be held under ORS 255.345 (1).
(7) When petitions containing the number of signatures required
under subsection (6) of this section are filed with the district
within 60 days after adoption of a resolution under subsection
(3) of this section, revenue bonds shall not be sold until the
resolution is approved by a majority of the electors of the
district voting on the resolution.
(8) Any district issuing revenue bonds may pledge that part of
the revenue which the district may derive from its operations as
security for payment of principal and interest thereon remaining
after payment from such revenues of all expenses of operation and
maintenance, including taxes, and consistent with the other
provisions of this chapter.
(9) Prior to any district board taking formal action to issue
and sell any revenue bonds, the board shall have on file with the
secretary of the district a certificate executed by a qualified
engineer that the net annual revenues of the district, including
the property to be acquired or constructed with the proceeds of
the bonds, shall be sufficient to pay the maximum amount that
will be due in any one fiscal year for both principal of and
interest on both the bonds then proposed to be issued and all
bonds of the district then outstanding.
(10) The district shall order an election for the authorization
of revenue bonds to finance the acquisition or construction of an
initial utility system[{[+[, including the replacement value of
the unreimbursed investment of an investor owned utility in
energy efficiency measures and installations within the proposed
district,[+[} as early as practicable under ORS 255.345 after
filing the certificate required under subsection (9) of this
section. An election under this subsection shall be held no more
than twice in any one calendar year for any district. In
even-numbered years no election shall be held on any other date
than the date of the regular primary or general elections.
[{[+[ NOTE:[+[} Restores omitted 1991 amended language.
SECTION 92. ORS 266.380 is amended to read:
266.380. (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 [{[-[of chief
purpose[-[} [{[+[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.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 93. ORS 275.120 is amended to read:
275.120. [{[+[(1)[+[} Upon receipt of a certified copy of the
order referred to in ORS 275.110, the sheriff shall publish a
notice of the sale of such property in a newspaper of general
circulation, printed and published in the county where the land
is situated, once each week for four consecutive weeks prior to
such sale.
[{[+[ (2)[+[} The notice shall state[{[+[:[+[}
[{[+[ (a)[+[} The time and place of sale[{[+[;[+[} [{[-[,[-[}
[{[+[ (b)[+[} The description of the property or interest
therein to be sold[{[+[;[+[} [{[-[,[-[}
[{[+[ (c) If available from the tax roll,[+[} the [{[+[real[+[}
market value of the property or interest [{[+[to be sold[+[} as
[{[+[evidenced[+[} [{[-[determined[-[} by the [{[+[last[+[}
[{[-[tax[-[} roll [{[+[certified under ORS 311.105 on which the
property was included;[+[} [{[-[at the last equalized value on
the assessment roll for the property, [-[}
[{[+[ (d)[+[} The minimum price [{[+[for the property or
interest to be sold,[+[} as fixed by the county [{[-[court[-[}
[{[+[governing body,[+[} which may be lower than the [{[-[last
equalized[-[} [{[+[tax roll[+[} value [{[-[on the assessment
roll,[-[} [{[+[;[+[}
[{[+[ (e)[+[} The date of the order directing [{[-[such[-[}
[{[+[the[+[} sale [{[-[,[-[} [{[+[;[+[} and
[{[+[ (f)[+[} Such other matters as the county court deems
pertinent.
[{[+[ (3)[+[} Proof of publication of [{[-[such[-[}
[{[+[the[+[} notice shall be made in the same manner as proof of
publication of summons is made, and shall be filed by the sheriff
with the county clerk of [{[-[such[-[} [{[+[the[+[} county, and
then recorded in the deed record [{[-[thereof[-[} [{[+[ of the
county[+[}.
[{[+[ NOTE:[+[} Adapts language to conform to current
constitutionally and statutorily mandated procedures.
SECTION 94. ORS 276.612 is amended to read:
276.612. The Department of Corrections, Mental Health and
Developmental Disability Services Division 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
[{[-[jurisdiction[-[} [{[+[ jurisdictions[+[}. The State Board of
Higher Education shall determine the buildings to be constructed,
altered, repaired, furnished and equipped for the use of
institutions or activities under its jurisdiction.
[{[+[ NOTE:[+[} Corrects grammar.
SECTION 95. ORS 285.035 is amended to read:
285.035. (1) The Economic Development Department, through
research, promotion and coordination of activities in this state,
shall foster the most desirable growth and geographical
distribution of agriculture, industry and commerce in the state.
The department shall serve as a central coordinating agency and
clearinghouse for activities and information concerning the
resources and economy of the state.
(2) The department shall have no regulatory power over the
activities of private persons. Its functions shall be solely
advisory, coordinative and promotional.
(3) The department shall administer the state's participation
in the federal Community Development Block Grant funding program
authorized by 42 U.S.C. [{[-[85301[-[} [{[+[5301[+[} et seq.
(4) In order to accomplish the purposes of this chapter and ORS
329.900 to 329.975, the department may expend moneys duly
budgeted to pay the travel and various other expenses of
industrial or commercial site location agents, film or video
production location agents, business journal writers, elected
state officials or other state personnel whom the director
determines may promote the purposes of this subsection.
(5) In accordance with applicable provisions of ORS 183.310 to
183.550, the department may adopt rules necessary for the
administration of laws that the department is charged with
administering.
(6) ORS 276.428, 279.021, 279.310 to 279.320, 279.334, 279.336,
279.338, 279.340, 279.342, 279.348 to 279.363, 279.365, 279.545
to 279.650, 279.712, 279.826, 282.020, 282.050, 282.210, 282.220,
282.230 and 283.140 do not apply to the department's operation of
foreign trade offices outside the state.
[{[+[ NOTE:[+[} Corrects reference to federal law.
SECTION 96. ORS 285.153 is amended to read:
285.153. (1) The Director of the Economic Development
Department, upon consultation with the council and upon the
approval of the Governor, shall appoint an administrator of the
[{[-[division[-[} [{[+[Tourism Program[+[} who shall serve at
the pleasure of the director.
(2) The administrator shall receive such salary as may be
provided by law or as fixed by the director.
(3) The administrator shall be the administrative head of the
[{[-[division[-[} [{[+[Tourism Program[+[}.
(4) The administrator may suggest rules to the director for the
government of the [{[-[division[-[} [{[+[Tourism Program[+[},
the conduct of its employees and the assignment and performance
of its business and the custody, use and preservation of its
records, papers and property.
[{[+[ NOTE:[+[} Corrects reference to state agency personnel.
SECTION 97. ORS 285.800 is amended to read:
285.800. (1) The Legislative Assembly finds that:
(a) The ports of this state are directly and actively involved
in creating and carrying out at the local level the economic
development objectives and programs of the State of Oregon.
(b) Ports in this state provide effective local assistance to
state economic and transportation development efforts.
(c) Ports in Oregon develop and market facilities and services
to support important existing industries in this state, such as
agriculture, aviation, maritime commerce, international trade,
tourism, recreation, fishing, wood products and transportation.
(d) Port facilities, including roads, railroads, airports,
harbors and navigation channels, are an integral element of the
transportation infrastructure of this state.
(e) The ports in this state have few technical or institutional
resources to deal with multiple state and federal programs.
(f) Ports in this state need coordinating and planning
assistance from the State of Oregon in order to be competitive in
national and international markets and to continue to contribute
to economic development efforts in this state.
(2) Therefore, the Legislative Assembly declares that it is the
policy of this state to include Oregon's ports in planning and
implementing economic development and transportation programs. To
that end, the [{[+[Oregon[+[} Economic Development Commission and
the
[{[-[Ports Division[-[} [{[+[Economic Development
Department[+[} may work to:
(a) Coordinate with the Department of Transportation and other
state agencies, commissions and advisory committees engaged in
activities affecting ports to facilitate port planning and
development;
(b) Promote local cooperation in statewide planning and
development of the ports;
(c) Promote long-term economic self-sufficiency of the ports;
(d) Encourage cost-effective investments with prudent financial
consideration of port development projects; and
(e) Facilitate ports in their efforts to expand and respond to
greater domestic and international market opportunities.
[{[+[ NOTE:[+[} Corrects commission name; corrects reference to
state agency.
SECTION 98. ORS 285.860 is amended to read:
285.860. (1) The [{[-[Ports Division[-[} [{[+[Economic
Development Department[+[} shall develop marketing grant funding
priorities considering such factors as community need and whether
the project will lead to economic diversification, development of
a new or emerging industry and redevelopment of existing public
facilities. The [{[-[division[-[} [{[+[department[+[} shall
give priority to regional or cooperative projects, and projects
that leverage other marketing efforts by the state or other local
government units.
(2) The [{[-[division[-[} [{[+[department[+[} shall review
all proposals to avoid duplication of marketing efforts among
ports, and to maintain consistency with the applicable county or
city comprehensive plans.
[{[+[ NOTE:[+[} Corrects reference to state agency.
SECTION 99. ORS 285.905 is amended to read:
285.905. The Oregon Economic Development Commission may appoint
the director as their representative and agent in all matters
pertaining to ORS 285.870 to 285.943. The director shall assure
that all provisions of ORS 285.870 to 285.943 are complied with
and that appropriately trained personnel are employed pursuant to
ORS [{[-[285.813[-[} [{[+[285.033[+[} to properly administer
the fiscal and other portions of ORS 285.870 to 285.943.
[{[+[ NOTE:[+[} Supplies correct ORS reference.
SECTION 100. ORS 286.605 is amended to read:
286.605. As used in ORS 286.615 to 286.645:
(1) 'Issuer' means a governmental unit in this state that has
authority to issue private activity bonds and includes the [{[+[
Oregon[+[} Economic Development Commission.
(2) 'Private activity bonds' has the meaning given in section
141 of the Internal Revenue Code of 1986.
[{[+[ NOTE:[+[} Corrects commission name.
SECTION 101. ORS 287.056 is amended to read:
287.056. (1) After the public hearing required by ORS 287.055,
if the governing body decides to proceed with the proposal it
shall submit the question of issuing and selling bonds at an
election on a date specified in ORS 203.085. The order calling
the election shall set forth:
(a) The use to which the proceeds of the bonds are to be put.
(b) That the bonds shall be general obligation bonds of the
county.
(c) The amount of bonds proposed to be issued.
(d) The length of time, not to exceed 30 years, during which
the bonds shall mature.
(2) The governing body shall file with the county clerk a
notice of an election called under this section not later than
the 61st day before the election.
(3) The statement [{[-[of the chief purpose of the measure[-[}
[{[+[ summarizing the measure and its major effect[+[} in the
ballot title shall include the information required in subsection
(1) of this section.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 102. ORS 294.035 is amended to read:
294.035. Subject to ORS 294.040 and 294.135 to 294.155, the
custodial officer may, after having obtained a written order from
the governing body of the county, municipality, political
subdivision or school district, which order shall be spread upon
the minutes or journal of the governing body, invest any sinking
fund, bond fund or surplus of funds in the custody of the
custodial officer in the bank accounts, classes of securities at
current market prices, insurance contracts and other investments
listed in subsections (1) to (14) of this section. However, the
custodial officer of any county shall make no such investment of
funds belonging to any municipality, political subdivision or
school district, unless and until the custodial officer has
received a written order from the governing body of the
municipality, political subdivision or school district to which
the funds belong, which order authorizes the custodial officer to
invest the funds, and which order has been spread upon the
minutes or journal of the governing body. [{[+[Investments
authorized by this section are:[+[}
(1) Bonds or obligations of the civil subdivision for which the
sinking fund was created.
(2) Legally issued general obligations of the United States,
the agencies and instrumentalities of the United States and the
States of Oregon, Washington, Idaho and California.
(3) Lawfully issued interest-bearing bonds of any county, port
or school district having an assessed valuation of $1 million or
more, in this state, if the outstanding indebtedness of the
county, port or school district does not exceed five percent of
the latest real market value of the county, port or school
district.
(4) Lawfully issued interest-bearing bonds of any city in this
state having an assessed valuation of at least $500,000 and a
population of 2,000 or more, according to the latest published
federal census, if the total net indebtedness of the city for all
purposes, including the proportionate indebtedness of civil
subdivisions which embrace the same areas or are approximately
coterminous therewith, after deducting appropriate sinking funds
and the net indebtedness of self-supporting and self-liquidating
utilities, does not exceed 15 percent of its latest real market
value.
(5) Lawfully issued interest-bearing bonds of any city within
this state with population and assessed valuation as provided in
subsection (4) of this section, issued for gas, water, power or
lighting purposes, or for sewage disposal plants and their
appurtenances, without limitation as to the ratio of indebtedness
of the city to its real market or assessed value, if:
(a) The utility bonds are the general obligation bonds of the
city;
(b) The public utilities or projects for which they were
issued, for a period of three years next preceding the date of
investment, have been wholly self-supporting and self-liquidating
without the necessity of a tax levy; and
(c) The revenues of such utilities, other than for payment of
operation and maintenance expenses, are pledged wholly to the
payment of the interest on and principal of the indebtedness
until the indebtedness is fully liquidated.
(6) With respect to funds of a county party to a contract or an
agreement pursuant to ORS 451.140 (3), bonds issued by any public
body party to the contract or agreement for the purpose of
carrying out the coordinated master plan.
(7) Time deposit open accounts, certificates of deposit and
savings accounts in banks, mutual savings banks and savings and
loan associations which maintain a head office or a branch in
this state in the capacity of a bank, mutual savings bank or
savings and loan association.
(8) Share accounts and savings accounts in credit unions in the
name of, or for the benefit of, a member of the credit union
pursuant to a plan of deferred compensation.
(9) Life insurance or annuity contracts as defined by ORS
731.170 and guaranteed investment contracts issued by life
insurance companies authorized to do business in this state.
(10) Trusts in which deferred compensation funds from other
public employers are pooled, if:
(a) The purpose is to establish a deferred compensation plan;
(b) The trust is a public instrumentality of such public
employers and described in section (2)(b) of the Investment
Company Act of 1940, 15 U.S.C.�80a-2(b), in effect on September
20, 1985, or the trust is a common trust fund described in ORS
709.170;
(c) Under the terms of the plan the net income from or gain or
loss due to fluctuation in value of the underlying assets of the
trust, or other change in such assets, is reflected in an equal
increase or decrease in the amount distributable to the employee
or the beneficiary thereof and, therefore, does not ultimately
result in a net increase or decrease in the worth of the public
employer or the state; and
(d) The fidelity of the trustees and others with access to such
assets, other than a trust company, as defined in ORS 706.005, is
insured by a surety bond satisfactory to the public employer
issued by a company authorized to do a surety business in this
state in an amount equal to the value of such assets.
(11) Banker's acceptances that are guaranteed by a qualified
financial institution and that are eligible for discount by the
Federal Reserve System. No person may sell a banker's acceptance
to a political subdivision unless the acceptance is guaranteed by
a qualified financial institution. For purposes of this
subsection, a 'qualified financial institution' means a financial
institution that is located in the State of Oregon, licensed to
do a banking business and not required under ORS 295.018 to
maintain a reserved deposit of collateral having a value not less
than 110 percent of its public fund deposits. When an issuing
financial institution becomes unqualified, all of its outstanding
banker's acceptances held by political subdivisions must be
collateralized at 110 percent through the pool manager as
required under ORS 295.018. Contingent liability of the issued
banker's acceptance must be carried on the books of the qualified
financial institution in Oregon.
(12) Corporate indebtedness that is rated P-2 or A or better by
Moody's Investors Service or A-2 or A or better by Standard &
Poor's Corporation and that is issued by or on behalf of a
qualified financial institution, a holding company owning not
less than a majority interest in a qualified financial
institution or a business enterprise that has its headquarters in
Oregon or employs more than 50 percent of its permanent work
force in Oregon or has more than 50 percent of its tangible
assets located in Oregon. For purposes of this subsection,
'qualified financial institution ' has the meaning given that
term in subsection (11) of this section. The corporate
indebtedness must mature not later than 18 months after the date
on which it is purchased. A custodial officer shall not at any
time permit more than 25 percent of the moneys of a local
government that are available for investment to be invested in
corporate indebtedness described in this subsection unless a
governing body approved investment policy provides another
amount. A custodial officer shall not at any time permit more
than 10 percent of the moneys of a local government that are
available for investment to be invested in corporate indebtedness
described in this subsection in one corporate entity.
(13) Corporate indebtedness issued by publicly held
corporations organized under the laws of a state other than
Oregon and that is rated P-1 or Aa or better by Moody's Investors
Service or A-1 or AA or better by Standard & Poor's Corporation.
The corporate indebtedness must mature not later than 18 months
after the date on which it is purchased. A custodial officer
shall not at any time permit more than 25 percent of the moneys
of a local government that are available for investment to be
invested in corporate indebtedness described in this subsection
and shall not permit more than five percent of such moneys to be
invested in one corporate entity. A custodial officer shall not
at any time permit more than 35 percent of the moneys of a local
government that are available for investment to be invested in
corporate indebtedness described in this subsection and in
subsection (12) of this section. The custodial officer shall
maintain records evidencing independent credit analysis of
domestic publicly held corporations outside the State of Oregon
from which corporate indebtedness is purchased. The provisions of
this subsection apply to any political subdivision with a total
annual budget in excess of $25 million.
(14) Securities of any open-end or closed-end management
investment company or investment trust, if the securities are of
the types specified in subsections (1) to (6) and (11) to (13) of
this section and if the investment does not cause the county,
municipality, political subdivision or school district to become
a stockholder in a joint company, corporation or association. A
trust company or trust department of a national bank while acting
as indenture trustee may invest funds held by it as indenture
trustee in any open-end or closed-end management investment
company or investment trust for which the trust company or trust
department of a national bank or an affiliate of the trust
company or trust department of a national bank acts as investment
adviser or custodian or provides other services. However, the
securities of the investment company or investment trust in which
such funds are invested must be of the types specified in
subsections (1) to (6) and (11) to (13) of this section and the
investment must not cause the county, municipality, political
subdivision or school district whose funds are invested to become
a stockholder in a joint company, corporation or association. For
purposes of this subsection, companies are affiliated if they are
members of the same affiliated group under section 1504 of the
Internal Revenue Code of 1986 (26 U.S.C. 1504).
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 103. ORS 294.485 is amended to read:
294.485. (1) Any tax levy made contrary to the provisions of
ORS 294.305 to 294.520, 294.555 and 294.565 or any other law
relating to the making of tax levies shall be voidable as
provided in subsection (2) of this section and ORS 310.070.
(2) The county assessor, county court, board of county
commissioners, the Department of Revenue, Tax Supervising and
Conservation Commission or 10 or more interested taxpayers may
appeal to the Oregon Tax Court and such appeal shall be perfected
in the following manner only:
(a) Within 30 days after the notice of tax levy is filed with
the county assessor, the appealing party shall file an original
and two certified copies of a complaint with the clerk of the
Oregon Tax Court at its principal office in Salem, Oregon. Such
filing in the Oregon Tax Court shall constitute the perfection of
the appeal. Service upon the Department of Revenue shall be
accomplished by the clerk of the tax court filing a certified
copy of the complaint with the Director of the Department of
Revenue and with the secretary or clerk of the municipal
corporation. In the case of a petition filed by 10 or more
interested taxpayers, if after withdrawal of any petitioner five
or more petitioners remain, withdrawal of the petitioner after
perfection of the petition shall not affect the court's
jurisdiction to hear the case.
(b) The complaint shall state the facts and the grounds upon
which the plaintiff contends the tax levy should be voided or
modified. The case shall proceed thereafter in the manner
provided for appeals from orders of the Department of Revenue
concerning ad valorem property tax assessments and ORS 305.405 to
[{[-[305.418 and 305.420 to 305.500[-[} [{[+[ 305.510[+[} shall
apply to such suits.
(3) If the court finds that the budget and the tax levy in
question were not prepared and made in substantial compliance
with ORS 294.305 to 294.520, 294.555 and 294.565 and any other
applicable law relating to the making of tax levies, it shall
declare void or modify any such tax levy and shall direct that
such action be taken, all as in the circumstances it shall deem
appropriate.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 104. ORS 294.555 is amended to read:
294.555. (1) On or before July 15 of each year, or upon such
other date as the Department of Revenue shall designate, each
civil subdivision in the state which does not levy an ad valorem
tax and which is subject to the Local Budget Law shall file with
the Department of Revenue a true copy of its budget as finally
adopted, a copy of the notice of publication required by ORS
294.421, and a copy of the resolution adopting the budget and of
the resolution making appropriations. In addition, each civil
subdivision which publishes a notice authorized by ORS 294.421
(6) shall include either a copy of the summary mailed to the
electors under ORS 294.421 (4) or the notice posted under ORS
294.421 (5) whichever is applicable.
(2) Each municipal corporation subject to the Local Budget Law
which levies an ad valorem tax shall file with the county
assessor as provided in ORS 310.060 the following:
(a) An original and one copy of the notice of levy [{[-[;[-[}
[{[+[.[+[}
(b) Two true copies of its budget as finally adopted
[{[-[;[-[} [{[+[.[+[}
(c) A copy of the notice of publication required by ORS 294.421
[{[-[;[-[} [{[+[.[+[}
(d) [{[-[Two copies of the resolution adopting the budget and
of the resolution making appropriations;[-[} [{[+[ Two copies
each of the following ordinances or resolutions: to adopt the
budget; to make the appropriations; to categorize the taxes; and
to levy the taxes.[+[}
(e) If applicable, in addition, each civil subdivision which
publishes a notice authorized by ORS 294.421 (6), two copies of
the summary mailed to the electors under ORS 294.421 (4) or two
copies of the notice under ORS 294.421 (5) whichever is
applicable[{[+[.[+[} [{[-[; and[-[}
(f) Information concerning the bonded debt levy and bond
principal and interest due for the budgeted fiscal year by July
15, if a municipal corporation is not able to give notice of levy
as specified in ORS 310.060 (1) by July 15.
(3) As soon as received, the county assessor shall forward one
copy of each of the documents listed in subsection (2) of this
section to the Department of Revenue.
(4) The copies of budgets to be filed with the Department of
Revenue pursuant to subsections (1) and (3) of this section shall
be turned over to the Division of Audits created by ORS 297.020
on or before the end of the fiscal year for which the budget was
prepared, and shall be retained by the Division of Audits for a
period of two years following the end of the fiscal year for
which the budget was prepared.
[{[+[ NOTE:[+[} Clarifies intent; conforms requirements for
making levy to information required for notice of levy.
SECTION 105. ORS 305.005 is amended to read:
305.005. As used in [{[-[chapter 520, Oregon Laws 1969[-[}
[{[+[the revenue and tax laws of this state[+[}, unless the
context requires otherwise:
(1) 'Department' means the Department of Revenue.
(2) 'Director' means the Director of the Department of Revenue.
[{[+[ NOTE:[+[} Clarifies applicability of definitions.
SECTION 106. ORS 305.230 is amended to read:
305.230. Notwithstanding ORS 9.320:
(1) Any person who is duly qualified to practice law or public
accounting in this state or the authorized employee of a taxpayer
who is regularly employed by the taxpayer in tax matters may
represent the taxpayer before the Department of Revenue in any
conference or proceeding with respect to the administration of
any tax.
(2) Any person who is duly licensed by the State Board of Tax
Service Examiners or who is exempt from such licensing
requirement as provided for and limited by ORS 673.610 may
represent a taxpayer before the Department of Revenue in any
conference or proceeding with respect to the administration of
any tax on or measured by net income.
(3) Any stockholder of an S corporation, as defined in section
1361 of the Internal Revenue Code, may represent the corporation
in any proceeding before the Department of Revenue in the same
manner as if the stockholder were a partner and the S corporation
were a partnership.
(4) Any person who is licensed as a real estate broker under
ORS 696.025 or is a state certified appraiser or state licensed
appraiser under ORS 674.310 [{[+[or is a registered appraiser
under ORS 308.010[+[} may represent a taxpayer before the
Department of Revenue in any conference or proceeding with
respect to the administration of any ad valorem property tax.
(5) A general partner who has been designated by members of a
partnership as their tax matters partner under ORS 305.242 may
represent those partners in any conference or proceeding with
respect to the administration of any tax on or measured by net
income.
(6) Notwithstanding any other subsection of this section, where
the representative of a taxpayer is to present an argument on any
issue of constitutional or statutory interpretation raised by the
taxpayer, the department may require that the issue be presented
by an attorney duly qualified to practice law in this state.
(7) No person shall be recognized as representing a taxpayer
pursuant to this section unless there is first filed with the
department a written authorization, or unless it appears to the
satisfaction of the department that the representative does in
fact have authority to represent the taxpayer.
(8) A taxpayer represented by someone other than an attorney is
bound by all things done by the authorized representative, and
may not thereafter claim any proceeding was legally defective
because the taxpayer was not represented by an attorney.
(9) Prior to the holding of a conference or proceeding before
the department, written notice shall be given by the department
to the taxpayer of the provisions of subsections (6) and (8) of
this section.
[{[+[ NOTE:[+[} Clarifies who may serve as representative.
SECTION 107. ORS 305.275 is amended to read:
305.275. (1) Any person aggrieved by an act or omission of:
(a) The Department of Revenue in its administration of the
revenue and tax laws of this state; or
(b) A county board of equalization or board of ratio review
other than an order of the board; or
(c) A county assessor, including but not limited to the denial
of a claim for exemption, the denial of special assessment under
ORS 308.370 or other special assessment statute, or the denial of
a claim for cancellation of assessment; or
(d) A tax collector,
which affects the property of the person and for which there is
no other statutory right of appeal, may appeal to the Director of
the Department of Revenue in the manner provided by this section.
(2) A taxpayer or county assessor who is aggrieved by an order
of a county board of equalization or board of ratio review may
appeal from the order in the manner provided in this section.
(3) Any person having a statutory right of appeal to the
department or the director under the revenue and tax laws of the
state shall appeal in the manner provided by this section.
(4) Except as provided in ORS 118.350, 305.410 and 305.580 to
[{[-[305.589[-[} [{[+[ 305.591[+[}, no person shall appeal to
the Oregon Tax Court or other court on any matter arising under
the revenue and tax laws administered by the department unless
the person first exhausts the administrative remedies provided
before the department and the director.
(5) All appeals shall be taken by filing a petition with the
director at Salem, Oregon, which shall constitute the perfection
of the appeal. The petition shall state the facts relied upon for
relief, a description of any property involved, any statement or
proposition of law relied upon, the relief requested, and shall
bear the signature of the petitioner or the authorized
representative of the petitioner, verified as required by ORS
305.810. In addition, in property tax appeals involving county
assessed property, the department shall serve by certified mail a
copy of the petition on the taxpayer or the county assessor,
whoever is the nonappealing party. An affidavit showing such
service shall be filed in the office of the director. On appeals
from orders of county boards of equalization or boards of ratio
review, a copy of the order of the board in all cases, and a
statement of the dates of publication of notice of the order,
where applicable, shall be made a part of the petition. Any other
person desiring to appear in an appeal (other than those
involving taxes on or measured by net income or where a matter is
made confidential by law) may apply to the director within 30
days of service upon the director of the petition, and if
permission is granted by the director, may file with the director
a petition verified by the oath of the petitioner or the
authorized representative of the petitioner, and serve copies by
certified mail on the taxpayer and any official involved in or a
party to the appeal.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 108. [{[+[ORS 305.418 and 305.437 are added to and made
a part of ORS 305.405 to 305.510.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 109. ORS 305.520 is amended to read:
305.520. ORS 305.405 to [{[-[305.418, 305.420 to 305.435 and
305.452 to 305.495[-[} [{[+[305.555[+[} shall apply to
proceedings in the small claims division, unless expressly
inapplicable thereto or inconsistent with ORS 305.515 to 305.555.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 110. ORS 305.583 is amended to read:
305.583. (1) Ten or more interested taxpayers may petition the
Oregon Tax Court to determine the effect of the limits of section
11b, Article XI of the Oregon Constitution on any tax, fee,
charge or assessment imposed by a unit of government. For
purposes of this section, 'interested taxpayers' means persons
who are subject to the tax, fee, charge or assessment in
question.
(2) The petition shall be filed and perfected in the following
manner only:
(a) The petitioners shall file an original and two certified
copies of a petition with the clerk of the Oregon Tax Court at
its principal office in Salem, Oregon. The petition shall name
the government unit that imposes the tax, fee, charge or
assessment, or, in the case of an urban renewal agency, that
receives the taxes, as respondent. Such filing in the Oregon Tax
Court shall constitute the perfection of the petition. If after
withdrawal of any petitioner five or more petitioners remain,
withdrawal of the petitioner after perfection of the petition
shall not affect the court's jurisdiction to hear the case. The
clerk of the tax court shall serve the government unit by mailing
a certified copy of the petition to the recording officer or
chief administrative officer of the local government unit or to
the Attorney General if the tax, fee, charge or assessment in
question is imposed by the State of Oregon. The clerk also shall
serve a copy of any petition naming a local government unit as
respondent upon the Oregon Department of Justice.
(b) The petition shall state the facts and grounds upon which
the petitioners contend that the tax, fee, charge or assessment
is affected by section 11b, Article XI of the Oregon
Constitution. The case shall proceed thereafter in the manner
provided for appeals from orders of the Department of Revenue
concerning ad valorem property tax assessments. ORS 305.405
[{[-[to 305.418 and 305.420[-[} to [{[-[305.500[-[} [{[+[
305.510[+[} shall apply to such actions.
(3) In the case of any tax, fee, charge or assessment for any
purpose that was imposed under an ordinance or resolution adopted
by a local government unit before September 29, 1991, or in the
case of any tax levied to pay principal or interest on bonded
indebtedness approved by the governing body of a local government
unit before September 29, 1991, the petition shall be filed
within 60 days after the date the governing body of the local
government unit adopts an ordinance or resolution classifying its
taxes, fees, charges or assessments as subject to or not subject
to the limits of section 11b, Article XI of the Oregon
Constitution; or, if the governing body does not adopt a
classifying ordinance or resolution, within 60 days after the
later of:
(a) The last date, but no later than November 15, that the tax
statements were mailed for the tax year in which the tax, fee,
charge or assessment was imposed; or
(b) The date of imposition of the tax, fee, charge or
assessment on any one of the petitioners that first occurs after
September 29, 1991.
(4) Except as provided in subsections (5) to (7) of this
section, in the case of any tax, fee, charge or assessment that
is imposed under a resolution or ordinance approved by the
governing body of a local government unit on or after September
29, 1991, the petition shall be filed within 60 days after the
action of the governing body approving the ordinance or
resolution, adopting a new ordinance or resolution or changing an
existing ordinance or resolution under which the tax, fee, charge
or assessment is imposed, if the resolution or ordinance includes
a classification of the tax, fee, charge or assessment as subject
to or not subject to section 11b, Article XI of the Oregon
Constitution. If the local government unit has not classified the
tax, fee, charge or assessment, the petition shall be filed
within 60 days after the later of the dates specified in
subsection (3)(a) or (b) of this section. If the local government
unit adopts an ordinance or resolution classifying all or any of
the taxes, fees, charges or assessments it imposes as subject to
or not subject to section 11b, Article XI of the Oregon
Constitution, as described in ORS 310.145, the petition shall be
filed within 60 days after the governing body adopts the
ordinance or resolution.
(5) In the case of any tax, fee, charge or assessment first
imposed after September 29, 1991, that is characterized by the
local government unit as an assessment for local improvements,
the petition shall be filed within 60 days after the local
government unit gives notice of its intention to characterize the
charge as an assessment for local improvements. Notice may be
given to affected property owners by the local government unit
either when a local improvement district is formed, in a notice
of intent to assess given by the local government unit or by
other individual notice prior to assessment. Notice shall be
given no later than the date the assessment is imposed. Notice
given as provided under this subsection is in lieu of the notice
required under subsection (8) of this section.
(6) In the case of any taxes levied to pay principal and
interest on bonded indebtedness approved by the governing body of
a local government unit on or after September 29, 1991, the
petition shall be filed within 60 days after the date the
issuance of the bonded indebtedness was approved by the governing
body of the local government unit if the resolution or ordinance
of the governing body authorizing issuance of the bonded
indebtedness includes a classification of the bonded indebtedness
as subject to or not subject to the limits of section 11b,
Article XI of the Oregon Constitution. If the local government
unit has not classified the bonded indebtedness, the petition
shall be filed within 60 days after the date specified in
subsection (3)(a) of this section.
(7) In the case of a question concerning the effect of section
11b, Article XI of the Oregon Constitution on any tax, fee,
charge or assessment imposed by the state, the petition shall be
filed within 60 days after the first imposition of the tax, fee,
charge or assessment by a state agency after September 29, 1991.
For purposes of this subsection, a tax, fee, charge or assessment
shall be considered imposed when it is due as provided by statute
or when the state agency notifies a person that the tax, fee,
charge or assessment is due.
(8) A local government unit shall give notice of its adoption
of an ordinance or resolution classifying any of its taxes, fees,
charges or assessments as not being subject to the limits of
section 11b, Article XI of the Oregon Constitution, by
publishing, within 15 days after adoption of the ordinance or
resolution, an advertisement in a newspaper of general
circulation in the county in which the local government unit is
located or, if there is no newspaper of general circulation, in a
newspaper of general circulation in a contiguous county. The
notice shall:
(a) Appear in the general news section of the newspaper, not in
the classified advertisements;
(b) Measure at least three inches square;
(c) Be printed in a type size at least equal to 8-point type;
and
(d) State that the local government unit has adopted a
resolution or ordinance classifying one or more of its taxes,
fees, charges or assessments as not being subject to the limits
of section 11b, Article XI of the Oregon Constitution, that the
reader may contact a designated individual within the local
government unit to obtain a copy of the ordinance or resolution
and that judicial review of the classification of the taxes,
fees, charges or assessments may be sought within 60 days of the
date of the resolution or ordinance.
(9) An ordinance or resolution that results in a mere change in
the amount of a tax, fee, charge or assessment and does not
result in a change in the characteristics or attributes of the
tax, fee, charge or assessment, or contain a change in purpose to
which the revenue is applied shall not be considered a change
that may result in a proceeding commenced under subsection (3) or
(4) of this section.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 111. ORS 305.585 is amended to read:
305.585. (1) A local government unit may petition the Oregon
Tax Court to determine whether the limits of section 11b, Article
XI of the Oregon Constitution apply to a tax, fee, charge or
assessment of another local government unit if the boundaries of
both units include common territory and if the petitioning local
government unit will lose or has lost revenue because of the tax,
fee, charge or assessment that is the subject of the petition.
(2) The petitioner shall file an original and two certified
copies of a petition with the clerk of the Oregon Tax Court at
its principal office in Salem, Oregon. The petition shall name
the local government unit that imposes the tax, fee, charge or
assessment as respondent. Such filing in the Oregon Tax Court
shall constitute the perfection of the petition. The clerk of the
tax court shall serve the respondent local government unit by
mailing a certified copy of the petition to the recording officer
or chief administrative officer of the local government unit. The
clerk also shall serve a copy of the petition upon the Oregon
Department of Justice.
(3) The petition shall state the facts and grounds upon which
the petitioner contends that the tax, fee, charge or assessment
at issue is not subject to the limits of section 11b, Article XI
of the Oregon Constitution. The case shall proceed thereafter in
the manner provided for appeals from orders of the Department of
Revenue concerning ad valorem property tax assessments. ORS
305.405 [{[-[and 305.420[-[} to [{[-[305.500[-[}
[{[+[305.510[+[} shall apply to such actions.
(4) The petition shall be filed not later than 30 days after
the date the respondent local government unit filed its
certificate required under ORS 310.060 with the county assessor.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 112. ORS 305.620 is amended to read:
305.620. (1) Any state agency or department may enter into
agreements with any political subdivision of this state for the
collection, enforcement, administration and distribution of local
taxes of the political subdivision imposed upon or measured by
gross or net income, wages or net earnings from self-employment
or local general sales and use taxes.
(2) The department or agency shall prescribe the rules by which
the agreements entered into under subsection (1) of this section
are administered.
(3) The department or agency shall prescribe the rules by which
the taxes described by subsection (1) of this section are
administered, collected, enforced and distributed.
(4) A political subdivision may appear as an intervenor at any
conference, hearing or proceeding held by the department or
agency in connection with a local tax administered by the
department or agency. The political subdivision may be
represented by its own counsel. The department or agency shall
adopt rules governing the procedures to be followed by the
political subdivision in making an appearance.
(5) Costs incurred by the department or agency in the
administration, enforcement, collection and distribution of taxes
under the agreements entered into under subsection (1) of this
section shall be first deducted from the taxes collected before
distribution is made to the political subdivision which is a
party to the agreement.
(6) The Oregon Tax Court shall have exclusive jurisdiction to
review orders relating to the collection, enforcement,
administration and distribution of local taxes under agreements
entered into under subsection (1) of this section.
(7) A proceeding for refund or to set aside additional taxes or
taxes assessed when no return was filed may be initiated before
the state agency or department or as provided in ORS 305.515
(3)(h).
(8) An appeal from an order may be taken by the taxpayer or by
the political subdivision whose taxes are in issue, by filing an
original and two certified copies of a complaint with the clerk
of the Oregon Tax Court at its principal office at the state
capital, Salem, Oregon, within 60 days after the order of the
department or agency is sent to the taxpayer or the political
subdivision. The filing of the complaint in the Oregon Tax Court
shall constitute perfection of the appeal. Service of the
taxpayer's complaint shall be accomplished by the clerk of the
tax court by filing a certified copy of the complaint with the
administrative head of the department or agency and a certified
copy with the political subdivision. Service of the political
subdivision's complaint shall be accomplished by the clerk of the
tax court by filing a certified copy of the complaint with the
administrative head of the department or agency and mailing a
certified copy of the complaint to the taxpayer. The complaint of
a taxpayer shall be entitled in the name of the person filing as
plaintiff and the department or agency as defendant. The
complaint of a political subdivision shall be entitled in the
name of the political subdivision as plaintiff and the taxpayer
and the department or agency as defendants. A copy of the order
of the department or agency shall be attached to the original
complaint. All procedures shall be in accordance with ORS
[{[-[305.415 to 305.447, 305.475 and 305.490 to 305.500[-[} [{[+[
305.405 to 305.510[+[}.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 113. [{[+[ORS 305.690 to 305.753 are added to and made
a part of ORS chapter 305.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 114. ORS 305.747 is amended to read:
305.747. (1) Amounts equal to the amounts checked off under ORS
305.745 shall be remitted by the department to the State
Treasurer who shall deposit the amounts in a suspense account
established under ORS 293.445.
(2)(a) Of the amounts remitted [{[+[and deposited[+[} under
subsection (1) of this section or [{[+[remitted and[+[} deposited
under ORS 305.749 (1), a portion is continuously appropriated for
use in reimbursing the General Fund for costs paid or incurred by
the commission in administering the checkoff programs established
under ORS 305.690 to 305.753. No more than one percent of the
moneys generated by the checkoff programs per fiscal year ending
June 30, 1990, or per any fiscal year thereafter, is appropriated
under this paragraph.
(b) Of the amounts remitted [{[+[and deposited[+[} under
subsection (1) of this section, [{[-[ but not deposited under
ORS 305.749 as appropriation for administrative expense of
checkoff program established by statute other than ORS 305.690 to
305.753 made under ORS 305.749, [-[} a portion is continuously
appropriated for use in reimbursing the General Fund for costs
paid or incurred by the department in administering the checkoff
program established under ORS 305.690 to 305.753. The department
shall adopt by rule a formula or other method of determining the
cost of administering each checkoff program. Each program shall
be charged the cost of administration not to exceed 10 percent of
the amount received in checkoff contributions.
(c) Moneys appropriated under this subsection shall be
transferred to the General Fund on a quarterly basis.
(3) The records of the department shall reflect the amount that
the department has credited to each entity less administrative
expenses. Subject to ORS 305.745 (3), the amount credited to each
entity shall be equal to the amount checked off for that entity
under ORS 305.745 less administrative expenses. The net amount
of moneys credited to an entity shall be transferred by the
department to the entity, as specified by law, on a periodic
basis, or is continuously appropriated to the department for
payment to the entity and the department shall pay and remit the
net amount credited to the entity, without interest, to the
entity on a periodic basis. The department shall adopt rules
governing the transferring or remitting of checkoff moneys to the
entities for which the amounts were checked off. The rules shall
specify the time, no less often than quarterly, that the moneys
are to be transferred or remitted to the entities by the
department.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 115. [{[+[ORS 305.749 is added to and made a part of
ORS 305.690 to 305.753.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 116. ORS 305.749 is amended to read:
305.749. Except ORS 305.690 to 305.753 and as otherwise
specifically provided, the following are applicable to the
various checkoff programs established under ORS [{[-[305.690 to
305.753,[-[} 496.380 and ORS chapter 316:
(1) Subject to subsection (4) of this section, the dollar
amounts of contributions made by taxpayer checkoff on Oregon tax
returns shall be remitted by the Department of Revenue to the
State Treasurer who shall deposit them to a suspense account
established under ORS 293.445.
(2) Of the contributions so deposited, a portion is
continuously appropriated for use to reimburse the General Fund
for costs incurred in administering the various checkoff
programs. No more than 10 percent of the moneys generated by
each checkoff program per fiscal year ending June 30 may be
appropriated under this subsection.
(3) The remainder of the contributions shall be credited by the
department to each checkoff program in proportion to the total
amounts checked off for the tax year, the proportions to be
determined on the basis of tax returns processed as of the June
30 following the tax year. The amounts so credited to each of the
checkoff programs are continuously appropriated to the department
for payment to the checkoff designee, or shall be transferred by
the department to the checkoff designee, as specified under the
law governing the particular checkoff program. The department may
adopt rules governing the crediting and payment or transfer of
checkoff moneys. In addition to any other provision, if adopted,
the rules shall specify the time that the contributions to a
program so credited are to be paid or transferred by the
department.
(4)(a) Space for designating the dollar amount of a
contribution made to each checkoff program shall be printed on
the Oregon tax return. The space shall provide for checkoff boxes
for the program in the amounts of $1, $5, $10 or other dollar
amount.
(b) Overpayments of tax that are insufficient, due to ORS
293.250 or otherwise, to satisfy the total amount of checkoffs
designated on a tax return shall be allocated among the designees
on a pro rata basis as provided under ORS 305.745 (3).
(5)(a) If, as of June 30 of the calendar year immediately
following the calendar year in which a particular tax year
begins, the department determines that the total amount checked
off for that tax year for a checkoff program is $50,000 or less,
the department shall notify a person administering the program or
other appropriate person.
(b) If, as determined by the department under paragraph (a) of
this subsection, the total amount checked off for a particular
checkoff program is $50,000 or less for each year in a period of
two consecutive tax years, a checkoff line and appropriate box
for that program shall not be provided on the Oregon individual
tax return for the tax year immediately following the later year
of the two-year period nor for any tax year thereafter, except as
otherwise provided by law.
(c) As used in this subsection, 'total amount checked off '
means the total amount checked off by taxpayers as reflected by
tax returns for the tax year processed as of June 30 before any
deduction for administrative costs as required under subsection
(2) of this section has occurred but after any proration under
subsection (4) of this section.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 117. ORS 305.753 is amended to read:
305.753. (1) The State Treasurer may solicit and accept from
private and public sources and cause to be credited and paid to
any entity gifts, grants and other donations, in money or
otherwise, if the entity is currently listed or entitled to be
listed on the Oregon tax return for checkoff [{[-[, as provided
under ORS 305.690 to 305.753[-[} .
(2) In accordance with ORS 183.310 to 183.550, the commission
may adopt rules to carry out the purposes of ORS 305.690 to
305.753.
(3) [{[+[Except ORS 305.749,[+[} ORS 305.690 to 305.753 do not
apply to the Nongame Wildlife Fund established under ORS 496.385,
the Alzheimer's Disease Research Fund established under section
3, chapter 902, Oregon Laws 1987, the Children's Trust Fund
established under ORS 418.199 [{[-[, the Oregon Peace Institute
Fund established under ORS 316.495[-[} or other checkoff program
established by statute other than ORS 305.690 to 305.753.
[{[+[ NOTE:[+[} Deletes reference to defunct fund; corrects
statutory reference.
SECTION 118. ORS 307.115 is amended to read:
307.115. (1) Subject to approval by the appropriate granting
authority under subsection (4) of this section, the following
real or personal property owned or being purchased under contract
by any nonprofit corporation meeting the requirements of
subsection (2) of this section shall be exempt from taxation:
(a) The real or personal property, or proportion thereof, as is
actually and exclusively occupied or used for public park or
public recreation purposes.
(b) The real or personal property, or proportion thereof, as is
held for public parks or public recreation purposes if the
property is not used for the production of income, for
investment, or for any trade or business or commercial purpose,
or for the benefit or enjoyment of any private stockholder or
individual, but only if the articles of incorporation of the
nonprofit corporation prohibit use of property owned or otherwise
held by the corporation, or of proceeds derived from the sale of
that property, except for public park or public recreation
purposes.
(2) Any nonprofit corporation shall meet the following
requirements:
(a) The corporation shall be organized for the principal
purpose of maintaining and operating a public park and public
recreation facility or acquiring interest in land for development
for public parks or public recreation purposes;
(b) No part of the net earnings of the corporation shall inure
to the benefit of any private stockholder or individual; and
(c) Upon liquidation, the assets of the corporation shall be
applied first in payment of all outstanding obligations, and the
balance remaining, if any, in cash and in kind, shall be
distributed to the State of Oregon or to one or more of its
political subdivisions for public parks or public recreation
purposes.
(3) If any property which is exempt under this section
subsequently becomes disqualified for such exemption or the
exemption is not renewed as provided in subsection (4) of this
section, it shall be added to the next general property tax roll
for assessment and taxation in the manner provided by law.
(4)(a) Real or personal property shall not be exempt under this
section except upon approval of the appropriate granting
authority obtained in the manner provided under this subsection.
(b) Before any property shall be exempt under this section, on
or before April 1 of any year the corporation owning or
purchasing such property shall file an application for exemption
with the county assessor. The provisions of ORS 307.162 shall
apply as to the form, time and manner of application. Within 10
days of filing in the office of the assessor, the assessor shall
refer each application for classification to the granting
authority, which shall be the governing body of a county for
property located outside the boundaries of a city and the
governing body of the city for property located within the
boundaries of the city. Within 60 days thereafter, the
application shall be granted or denied and written notice given
to the applicant and to the county assessor. In determining
whether an application made for exemption under this section
should be approved or disapproved, the granting authority shall
weigh the benefits to the general welfare of granting the
proposed exemption to the property which is the subject of the
application against the potential loss in revenue which may
result from granting the application.
(c) If the granting authority in so weighing determines that
granting the exemption to the property will:
(A) Conserve or enhance natural or scenic resources;
(B) Protect air or streams or water supplies;
(C) Promote conservation of soils, wetlands, beaches or tidal
marshes;
(D) Conserve landscaped areas which enhance the value of
abutting or neighboring property;
(E) Enhance the value to the public of abutting or neighboring
parks, forests, wildlife preserves, natural reservations,
sanctuaries or other open spaces;
(F) Enhance recreation opportunities;
(G) Preserve historic sites;
(H) Promote orderly urban or suburban development;
(I) Promote the reservation of land for public parks,
recreation or wildlife refuge purposes; or
(J) Affect any other factors relevant to the general welfare of
preserving the current use of the property,
the granting authority shall not deny the application solely
because of the potential loss in revenue which may result from
granting the application.
(d) The granting authority may approve the application for
exemption with respect to only part of the property which is the
subject of the application; but if any part of the application is
denied, the applicant may withdraw the entire application.
(e) The exemption shall be granted for a 10-year period and may
be renewed by the granting authority for additional periods of 10
years each at the expiration of the preceding period, upon the
filing of a new application by the corporation with the county
assessor on or before April 1 of the year following the 10th year
of exemption. The assessor shall refer the application to the
governing body as provided in paragraph (b) of this subsection,
and within 30 days thereafter, the governing body shall determine
if renewing the exemption will continue to serve one of the
purposes of paragraph (c) of this subsection. Within 30 days
after referral, written notice shall be given to the applicant
and to the county assessor of the determination made by the
governing body.
(5) Any nonprofit corporation aggrieved by the refusal of the
granting authority to grant or renew an exemption under
subsection (4) of this section may, within 60 days after written
notice has been sent to the corporation, appeal from the
determination of the granting authority to the Oregon Tax Court.
The appeal should be perfected in the manner provided in ORS
305.560. The provisions of ORS 305.405 to [{[-[305.418 and
305.420 to 305.500[-[} [{[+[ 305.510[+[} shall apply to the
appeals.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 119. [{[+[ORS 307.127 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provision.
SECTION 120. ORS 307.162 is amended to read:
307.162. (1) Before any real property may be exempted from
taxation under ORS 307.115, [{[-[307.127,[-[} 307.130 to
307.140, 307.145, 307.147, 307.150, 307.160 or 307.580 for any
tax year, the institution or organization claiming the exemption
shall file with the county assessor, on or before April 1
preceding such year, a statement verified by the oath or
affirmation of the president or other proper officer of the
institution or organization, listing all real property claimed to
be exempt and showing the purpose for which such property is
used. However:
(a) If the ownership and use of all property included in the
statement filed with the county assessor for a prior year remain
unchanged, a new statement shall not be required.
(b) When the property designated in the claim for exemption is
acquired, or if the use is changed, after March 1 and before July
1, the claim for that year shall be filed within 30 days from the
date of acquisition or change of use of the property.
(c) As used in this subsection, 'ownership' means legal and
equitable title.
(2) Notwithstanding subsection (1) of this section, a statement
may be filed under this section at any time prior to December 31
of the tax year for which exemption is first desired. However,
any statement filed after the time for filing the statement
specified in subsection (1) of this section must be accompanied
by a late filing fee of the greater of $200, or one-tenth of one
percent of the real market value of the property to which the
statement pertains, as determined as of July 1, of the tax year
by the assessor for this purpose. If the statement is not
accompanied by the late filing fee or if the late filing fee is
not otherwise paid, no exemption shall be allowed for the tax
year based upon a statement filed pursuant to this subsection. A
statement may be filed under this section notwithstanding that
there are no grounds for hardship as required for late filing
under ORS 307.475. The value of the property used to determine
the late filing fee under this section is appealable in the same
manner as other acts of the county assessor. Any filing fee
collected under this section shall be deposited to the county
general fund to be made available for county general governmental
expenses.
[{[+[ NOTE:[+[} Reflects repeal of obsolete provision.
SECTION 121. ORS 307.518 is amended to read:
307.518. (1) Property or a portion of property that meets all
of the following criteria shall be exempt from taxation as
provided under ORS 307.519 to 307.523:
(a) If unoccupied, the property is offered for rental solely as
a residence for low-income persons.
(b) If occupied, the property is occupied solely as a residence
for low-income persons.
(c) An exemption for the property has been approved as provided
under ORS 307.523, pursuant to an application filed before July
1, 2000.
(d) The property is owned or being purchased by a nonprofit
corporation organized [{[-[before or after September 29,
1991,[-[} in a manner that meets the criteria for a public
benefit corporation, as described under ORS 65.001 (31) or for a
religious corporation, as described under ORS 65.001 (33).
(e) The property is owned or being purchased by a nonprofit
corporation that expends no more than 10 percent of its annual
income from residential rentals for purposes other than the
acquisition, maintenance or repair of residential rental property
for low-income persons or for the provision of onsite child care
services for the residents of the rental property.
(2) For the purposes of this section, a nonprofit corporation
that has only a leasehold interest in property is considered to
be a purchaser of that property if:
(a) The nonprofit corporation is obligated under the terms of
the lease to pay the ad valorem taxes on the real and personal
property used in the rental activity on that property; or
(b) The rent payable has been established to reflect the
savings resulting from the exemption from taxation.
[{[+[ NOTE:[+[} Deletes temporary language.
SECTION 122. ORS 307.527 is amended to read:
307.527. (1) Final action upon an application by the governing
body shall be in the form of an ordinance or resolution that
shall contain the owner's name and address, a description of the
housing unit, either the legal description of the property or the
county assessor's property account number, any specific
conditions upon which the approval of the application is based
and if only a portion of the property is approved, a description
of the portion that is approved.
(2) On or before April 1 following approval, the [{[-[city[-[}
[{[+[governing body[+[} shall file with the county assessor and
send to the applicant a copy of the ordinance or resolution
approving or disapproving the application. The copy shall contain
or be accompanied by a notice explaining the grounds for possible
termination of the exemption prior to the end of the exemption
period or thereafter, and the effects of termination. In
addition, the [{[-[city[-[} [{[+[governing body[+[} shall file
with the county assessor on or before April 1 a document listing
the same information otherwise required to be in an ordinance or
resolution under subsection (1) of this section, as to each
application deemed approved under this section.
(3) If the application is denied, the governing body shall
state in writing the reasons for denial and send the notice of
denial to the applicant within 10 days after the denial. The
notice shall inform the applicant of the right to appeal under
ORS 307.533.
(4) The governing body, after consultation with the county
assessor, shall establish an application fee in an amount
sufficient to cover the cost to be incurred by the governing body
and the county assessor in administering ORS 307.515 to 307.523.
The application fee shall be paid to the governing body at the
time the application for exemption is filed. If the application
is approved, the governing body shall pay the application fee to
the county assessor for deposit in the county general fund, after
first deducting that portion of the fee attributable to its own
administrative costs in processing the application. If the
application is denied, the governing body shall retain that
portion of the application fee attributable to its own
administrative costs and shall refund the balance to the
applicant.
[{[+[ NOTE:[+[} Standardizes terminology.
SECTION 123. ORS 308.005 is amended to read:
308.005. As used in [{[-[ORS 308.055, 308.130, 308.210,
308.215, 308.231 to 308.235, 308.240 to 308.250, 308.270,
308.290, 308.295 or 308.325[-[} [{[+[ the revenue and tax laws of
this state[+[}, 'assessor ' includes the deputy of the assessor.
[{[+[ NOTE:[+[} Clarifies applicability of definitions.
SECTION 124. ORS 308.025 is amended to read:
308.025. (1) Where any property has been granted special
assessment for the purposes of property taxation under any of the
special assessment laws listed in subsection (2) of this section,
and the owner or other qualified person applies for a change in
the classification from under one special assessment law to
another, the public official or agency responsible for the
administrative acts necessary to change the property to its
requested new classification, with the assistance of any public
official or agency that would be required to compute any
additional taxes or penalty resulting from the change in
classification, shall first send to the applicant by certified
mail a notice that taxes or a penalty might be owing and due by
reason of the change in classification, and that the applicant
will have 30 days after mailing of the notice within which to
withdraw the application, if the applicant so desires. The
applicant shall have 30 days thereafter within which to withdraw
the application, by giving written notice to the public official
or agency that sent the notice, and no change in classification
shall thereafter be made. If no such notice of withdrawal is
given by the applicant, the application shall be acted upon and
the change in classification made, as otherwise provided by law.
(2) The provisions of subsection (1) of this section shall
apply with respect to the following special assessment laws:
(a) ORS 215.203, 215.213, 215.283, 215.284, 308.345 to
[{[-[308.373[-[} [{[+[ 308.365[+[} [{[-[, 308.375, 308.380[-[}
and [{[-[308.387 to 308.403[-[} [{[+[ 308.370 to 308.407[+[}
(relating to special assessment at value for farm use).
(b) ORS 321.358, 321.359 and 321.362 (relating to special
assessment as designated forestland in western Oregon).
(c) ORS 321.805 to 321.825 (relating to special assessment as
designated forestland in eastern Oregon).
(d) ORS 321.705 to 321.765 (relating to classification as
western Oregon small tract optional forestland).
(e) ORS 308.670 to 308.685 (relating to special assessment as
single-family residence).
(f) ORS 308.740 to 308.790 (relating to classification as open
space land).
(g) ORS 358.475 to 358.545 (relating to classification as
historic property).
(h) ORS 308.792 to 308.803 (relating to designation as riparian
land).
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 125. ORS 308.365 is amended to read:
308.365. ORS 308.345 to [{[-[308.360[-[} [{[+[ 308.365[+[}
shall be construed liberally to effectuate their intended
purpose. However, except as expressly set out in such sections
and to the extent necessary to carry out such sections, nothing
contained in such sections shall be construed to alter or modify,
by implication or otherwise, any of the tax laws of this state.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 126. [{[+[ORS 308.372, 308.376, 308.391, 308.396,
308.397, 308.398, 308.399, 308.400, 308.401, 308.403, 308.404,
308.406 and 308.407 are added to and made a part of ORS 308.370
to 308.407.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statutes to be deleted.
SECTION 127. ORS 308.372 is amended to read:
308.372. (1) For purposes of ORS 215.203, 215.213, 215.283,
215.284, 308.345 to [{[-[308.373, 308.375, 308.380 and 308.387
to 308.403[-[} [{[+[ 308.365 and 308.370 to 308.407[+[}, farmland
or a farm parcel that is not within an area zoned for exclusive
farm use under ORS chapter 215 is not used exclusively for farm
use unless all of the following prerequisites are met:
(a) Except as provided in subsection (4) of this section, in
three out of the five full calendar years immediately preceding
the calendar year in which the tax year begins, the farmland or
farm parcel was operated as a part of a farm unit that has
produced a gross income from farm uses in the amount provided in
ORS 308.407 (3) and (4), and if applicable, the farm parcel was
operated in a manner that meets the income requirements of ORS
308.407 (5).
(b) Excise or income tax returns are filed with the Department
of Revenue for purposes of ORS chapter 316, 317 or 318 by the
farmland owner or the operator of the farm unit that include a
Schedule F and, if applicable, by the owner of a farm parcel that
include a schedule or schedules showing rental income received by
the owner of the farm parcel, during the years to which the
income requirements of paragraph (a) of this subsection apply.
(c) Upon request, a copy of the returns or the schedules of the
returns showing the gross income received from farm use is
furnished by the taxpayer to the county assessor.
(2)(a) As used in this section, 'gross income' includes the
value of any crop or livestock that is used by the owner
personally or in the farming operation of the owner, but shall
not include the value of any crop or livestock so used unless
records accurately reflecting both value and use of the crop or
livestock are kept by the owner in a manner consistent with
generally accepted accounting principles.
(b) The burden of proving the gross income of the farm unit for
the years described in subsection (1) of this section is upon the
person claiming special assessment for the land.
(c) In determining gross income, the purchase cost of livestock
shall be deducted from gross income.
(3)(a)(A) Land under dwellings customarily provided in
conjunction with the farm use of farmland described in subsection
(1) of this section shall be assessed at the value determined
under ORS 308.377 if the farmland was operated as a part of a
farm unit that produced over one-half of the adjusted gross
income of the owner or owners in the year prior to the year an
application is filed under this subsection.
(B) Wasteland, dry or covered with water, neither economically
tillable nor grazeable, lying in or adjacent to and in common
ownership with farmland described in subsection (1) of this
section, and which is not currently being used for any economic
farm use shall be assessed at farm use value if the farmland was
operated as part of a farm unit that produced over one-half of
the adjusted gross income of the owner or owners in the year
prior to the year an application is filed under this subsection.
For purposes of determining adjusted gross income of an owner or
owners under this paragraph, 'owner' means any person described
in ORS 308.375 (2)(b)(A), (B) or (E) and the owner's spouse.
(b) To qualify for such assessment, the owner or owners shall
file an application with the county assessor on or before April
15 of each year such assessment is desired. The application shall
be made on forms prepared by the Department of Revenue and
supplied by the assessor and shall include such information as
may be reasonably required to determine the entitlement of the
applicant, including copies of applicable state income tax
returns. Such information shall be confidential information of
the assessor's office and shall be used for purposes of this
subsection only, including determinations made under
administrative and court proceedings where entitlement is in
issue.
(c) There shall be annexed to each application the affidavit or
affirmation of the applicant that the statements contained
therein are true.
(d) For purposes of this subsection, 'owner' or 'owners ' means
the person or persons entitled to file for special assessment
under ORS 308.375 (2)(b).
(4) The failure of a farm unit to produce the amount of gross
income required by ORS 308.407 shall not prevent the farm unit
from meeting the qualifications of subsection (1) of this section
if:
(a) The failure is due to:
(A) The effect of flooding that substantially precludes normal
and reasonable farming during the year; or
(B) Severe drought conditions are declared under ORS 536.700 to
536.780; and
(b) The farm unit produces the required amount of gross income
in three out of the last five nonflood or nondrought years.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 128. ORS 308.396 is amended to read:
308.396. (1) No additional tax shall be collected under ORS
308.395 or 308.399 from an owner of land that has received
special assessment as farm use land under ORS 308.370 if the land
becomes disqualified for such special assessment because the land
is acquired:
(a) By a governmental agency as a result of the lawful exercise
of the power of eminent domain or the threat or imminence
thereof;
(b) By purchase, agreement or donation under ORS 390.121;
(c) By a city, county or park and recreation district organized
under ORS chapter 266 for public recreational purposes or for the
preservation of scenic or historic places; or
(d) For wildlife management purposes under ORS 496.146.
(2) No additional tax shall be collected under ORS 308.395 or
308.399 upon land described in ORS [{[-[273.655 (6)[-[}
[{[+[270.100 to 270.190[+[}, upon land acquired under ORS 390.121
or upon land acquired for wildlife management purposes under ORS
496.146 that has received special assessment as farmland under
ORS 308.370, special assessment under ORS 307.110 or special
assessment as forestland or small tract under ORS chapter 321
when the lease under which the land was assessed is terminated.
(3) Subsection (2) of this section applies to all land
described therein upon notice to the county assessor by the
Oregon Department of Administrative Services, the State Parks and
Recreation Department or the State Department of Fish and
Wildlife regardless of when the assessment was made or the lease
terminated.
(4) No additional tax shall be collected under ORS 308.395 or
308.399 upon an owner of land that has received special
assessment as farm use land under ORS 308.370, if the land
becomes disqualified for such special assessment when it is
acquired and used as follows:
(a) The land is registered under ORS 273.581 as a natural
heritage conservation area;
(b) The land is acquired by a private nonprofit corporation;
(c) The land is retained by the corporation, or transferred to
the state by the corporation, for the purpose of educational,
scientific and passive recreational use consistent with
conservation of the ecological values and natural heritage
elements of the area;
(d) If the land is retained by the corporation, it remains open
to the public without charge for the uses described in paragraph
(c) of this subsection; and
(e) The land is managed pursuant to a voluntary agreement under
ORS 273.581 (5).
(5) The additional taxes and interest that would have been
collected at the time of disqualification shall be collected when
the land is no longer used as described in subsection (4) of this
section.
[{[+[ NOTE:[+[} Corrects ORS reference to state real property.
SECTION 129. ORS 308.411 is amended to read:
308.411. (1) Except as provided in subsections (2) to (9) of
this section, an industrial plant shall be valued for ad valorem
tax purposes under ORS 308.205, 308.232 and 308.235 at its real
market value 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.
(2) The owner of a plant may elect to have the plant appraised
and valued for ad valorem tax purposes excluding the income
approach to valuation and excluding taking into consideration
functional and economic obsolescence in the utilization of any
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. 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 shall not in any proceedings involving the
assessment of the industrial plant for the tax year for which the
election was made, before the county board of equalization,
county board of ratio review, the Department of Revenue or the
Oregon Tax Court, be entitled to introduce evidence relating to
the use of the income approach or the allowance of functional or
economic obsolescence in any approach to valuation of the plant.
(6) On or before May 1 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 May 1 of any subsequent
tax year, if the owner is dissatisfied with the election under
subsection (2) of this section, 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.
The owner shall demonstrate that the determination of real market
value requires taking into consideration the utilization of the
income approach or the allowance of functional or economic
obsolescence in any other approach. 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, the election under subsection (2) [{[+[of this
section[+[} shall continue, and in any proceedings involving the
assessment of the industrial plant for subsequent tax years,
before the county board of equalization, county board of ratio
review, the department or the Oregon Tax Court, the owner shall
not be entitled to introduce evidence relating to the income
approach and the allowance of functional and economic
obsolescence in any other approach. 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 September 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
before the tax 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
or for determination of functional or economic obsolescence in
any approach to valuation in making an appraisal of an industrial
plant for purposes of ad valorem 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 tax purposes under ORS 308.205,
308.232 and 308.235. The election of an owner under subsection
(2) of this section to forego the consideration of the income
approach or the determination of functional or economic
obsolescence in any 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 or
functional or economic obsolescence resulted in a valuation in
excess of the real market value of the plant under ORS 308.205,
308.232 and 308.235.
(10) If the owner of an industrial plant has made an election
under subsection (2) of this section, no subpoena for the
production of income or expense information for the industrial
plant may be issued while that election is in effect.
(11) Notwithstanding the provisions of 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 that
election until after the industrial plant is next assessed for ad
valorem tax purposes.
[{[+[ NOTE:[+[} Adds omitted words.
SECTION 130. ORS 308.479 is amended to read:
308.479. (1) If, after a certificate of qualification has been
filed with the county assessor under ORS 308.466, a declaration
defined in ORS 100.005 with respect to the property is presented
to the county assessor or tax collector for approval under ORS
100.110 or if the county assessor discovers that a portion of the
rehabilitated residential property is changed to a use that is
other than residential or housing:
(a) The limited assessment granted to the property or portion
under ORS 308.450 to 308.481 shall terminate immediately, without
right of notice or appeal;
(b) The property or portion shall be assessed and taxed in the
same manner as other property similarly situated is assessed and
taxed; and
(c) Notwithstanding ORS 311.220, there shall be added to the
general property tax roll for the tax year next following the
presentation or discovery, to be collected and distributed in the
same manner as other real property tax, an amount equal to the
difference between the amount of tax levied with respect to the
property or portion for the tax year for which the property or
portion was granted limited assessment and the tax that would
have been levied if the property or portion had not been granted
limited assessment for that year for each of the years, not to
exceed the last 10 years, during which the property was granted
limited assessment under ORS 308.450 to 308.481.
(2) If, at the time of presentation or discovery, the property
is no longer receiving limited assessment, additional taxes shall
be collected as provided in this section, but the number of years
that would otherwise be used to compute the additional taxes
shall be reduced one year for each year that has elapsed since
the year the property was last granted limited assessment
beginning with the oldest year for which additional taxes are
due.
(3) The assessment and tax rolls shall show 'potential
additional tax liability' for each property granted limited
assessment under ORS [{[-[308.341[-[} [{[+[ 308.450[+[} to
308.481.
(4) Additional taxes collected under this section shall be
deemed to have been imposed in the year to which the additional
taxes relate.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 131. ORS 308.558 is amended to read:
308.558. (1) Aircraft shall be subject to assessment, taxation
and exemption, as provided in this section.
(2) Any aircraft used or held for use by an air transportation
company that is operating pursuant to a certificate of
convenience and necessity issued by an agency of the Federal
Government shall be assessed and taxed under ORS 308.505 to
[{[-[308.560[-[} [{[+[ 308.665[+[}.
(3) Any aircraft used or held for use by an air transportation
company to provide scheduled passenger service, whether or not
the company is operating pursuant to a certificate of convenience
and necessity issued by a federal agency, shall be assessed and
taxed under ORS 308.505 to [{[-[308.560[-[} [{[+[ 308.665[+[}.
(4) Any aircraft that is required to be registered under ORS
837.040 for all or any part of the calendar year is exempt from
ad valorem property taxation for the tax year beginning in the
calendar year.
(5) Subject to allocation or apportionment for out-of-state
service, all other aircraft not otherwise specifically exempt
from taxation or licensed in lieu thereof, and not subject to
assessment by the Department of Revenue under ORS 308.505 to
[{[-[308.560[-[} [{[+[ 308.665[+[}, shall be assessed in the
county from which they are customarily operated when not in
service, or if there is no customary place from which operated,
then in the county in which their owner or owners reside, or if
neither situs applies, then in the county in which any one of the
owners maintains a place of business.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 132. [{[+[ORS 308.660 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete statute.
SECTION 133. [{[+[ORS 308.665 is added to and made a part of
ORS 308.505 to 308.655.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 134. [{[+[ORS 308.670, 308.675, 308.680 and 308.685 are
added to and made a part of ORS chapter 308.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 135. ORS 308.880 is amended to read:
308.880. (1) The owner of any travel trailer described in ORS
801.565 which is being used either as a permanent home or for
other than recreational purposes may apply to the assessor in the
county in which it has situs to have the travel trailer assessed
for ad valorem taxation. If the assessor determines that the
travel trailer is being used either as a permanent home or for
other than recreational uses, the assessor shall place the travel
trailer on the assessment and tax rolls the same as if it were a
manufactured structure. The assessor shall accept the travel
trailer plate for the vehicle and return [{[-[them[-[} [{[+[the
plate[+[} to the Department of Transportation, and shall assist
in obtaining a permanent [{[-[identification[-[}
[{[+[registration[+[} plate [{[+[for the travel trailer[+[} under
ORS 820.500 [{[-[, from the division for the travel trailer[-[} .
Any travel trailer placed on the assessment and tax rolls under
this section shall be considered as a manufactured structure for
all purposes.
(2) The owner of any special use trailer described in ORS
801.500 that is eight and one-half feet or less in width may
apply to the assessor of the county in which it has situs to have
the special use trailer assessed for ad valorem taxation. If the
assessor determines that the special use trailer is eight and
one-half feet or less in width and is permanently situated in one
place, the assessor shall place the special use trailer on the
assessment and tax rolls in the same way as if it were a
manufactured structure. The assessor shall accept any special use
trailer [{[-[plates[-[} [{[+[plate[+[} for the vehicle and
return [{[-[them[-[} [{[+[the plate[+[} to the Department of
Transportation, and shall assist in obtaining a permanent
[{[-[identification[-[} [{[+[registration[+[} plate [{[+[for the
special use trailer[+[} under ORS 820.500 [{[-[from the division
for the special use trailer[-[} . Any special use trailer placed
on the assessment and tax rolls under this section shall be
considered as a manufactured structure for all purposes.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 136. ORS 309.100 is amended to read:
309.100. (1) The owner or an owner of any taxable property or
the person in whose name the property is assessed, may petition
to the board of equalization for reduction of the real market or
assessed value placed upon the property by the county assessor.
Petitions filed under this subsection shall be for the reduction
of the real market or assessed value of property as of July 1 and
shall be filed with the clerk of the board during the period
beginning October 25 and ending December 31.
(2) The owner or an owner of any taxable property or the person
in whose name the property is assessed may petition the board of
ratio review for reduction of the real market value of property
because of changes in the real market value of the property
occurring after July 1 and on or before June 30 of any tax year.
Petitions may be filed with the clerk of the board under this
subsection on or after July 1 and no later than July 15
immediately following the end of the tax year for which the
petition is filed.
(3) Each petition for the reduction of the real market or
assessed value of a particular property shall:
(a) Be made in writing.
(b) State the facts and the grounds upon which the petition is
made.
(c) Be [{[+[signed and[+[} verified by the oath of [{[+[any of
the following[+[}:
(A) The owner [{[-[or an owner of the taxable property or
the[-[} [{[+[of the property or, if the property is owned by
more than one owner, any one or more of the owners.
(B) A[+[} person in whose name the property is
assessed[{[+[.[+[} [{[-[; or[-[}
[{[+[ (C) Any relative, as defined by rule adopted by the
Department of Revenue, of any owner or person described in
subparagraph (A) or (B) of this paragraph.[+[}
[{[-[(B)[-[} [{[+[(D)[+[} An attorney at law[{[+[, legal
guardian or conservator who is acting on behalf of[+[}
[{[-[for[-[} the owner or an owner or [{[-[for[-[} the person
in whose name the property is assessed[{[+[.[+[} [{[-[; or[-[}
[{[-[(C)[-[} [{[+[(E)[+[} Any [{[-[relative or[-[} person
[{[+[who is[+[} licensed as a real estate broker under ORS
696.025[{[+[.
(F) Any person who[+[} [{[-[or[-[} is a state certified
appraiser or [{[+[a[+[} state licensed appraiser under ORS
674.310 or [{[+[who is a registered appraiser under ORS 308.010.
(G)[+[} The lessee of the property[{[+[.
(d) If the petition is not signed and verified by an owner or
owners or a person in whose name the property is assessed, be
signed and verified by a person who[+[} [{[-[, if the lessee,
relative or person[-[} holds a power of attorney executed by the
owner or owners or person in whose name the property is assessed
that authorizes the [{[-[lessee, relative or[-[} person to
verify a petition under this section and to appear and represent
the owner or owners or person at a hearing before the board. A
copy of the power of attorney shall be attached to the petition.
[{[-[(d)[-[} [{[+[(e)[+[} State the address to which notice
of the action of the board shall be sent[{[+[. The notice[+[}
[{[-[which[-[} may be [{[+[sent to[+[} the address of [{[+[the
owner, the person in whose name the property is assessed or to
the address of[+[} the person described in paragraph (c)(B)
[{[-[or (C)[-[} [{[+[to (G)[+[} of this subsection.
[{[-[(e)[-[} [{[+[(f)[+[} State if the petitioner or a
representative desires to appear at a hearing before the board.
(4) If the petitioner has requested a hearing before the board,
the board shall give such petitioner at least five days' written
notice of the time and place to appear. If the board denies any
petition upon the grounds that it does not meet the requirements
of subsection (3) of this section, it shall issue a written order
rejecting the petition and set forth in the order the reasons the
board considered the petition to be defective.
(5) Notwithstanding ORS 9.320, the owners or an owner of the
taxable property, or the person in whose name the property is
assessed may appear and represent himself or herself at the
hearing before the board, or may be represented at the hearing by
any of the persons described in subsection (3)(c)(B) [{[-[or
(C)[-[} [{[+[to (G)[+[} of this section.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 137. [{[+[ORS 310.310, 310.315, 310.330, 310.390,
310.395, 310.396, 310.402 and 310.404 are added to and made a
part of ORS 310.310 to 310.404.[+[}
[{[+[ NOTE:[+[} Clarifies series reference.
SECTION 138. ORS 310.310 is amended to read:
310.310. Elections for voting upon the question of increasing
the tax levy in the counties, municipalities and districts not
possessing a separate legislative department, shall be called and
held in the manner respectively provided by ORS [{[-[310.330[-[}
[{[+[310.310[+[} to [{[-[310.395[-[} [{[+[310.404[+[}.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 139. ORS 310.315 is amended to read:
310.315. (1) The ballot title for any measure which authorizes
a school district tax levy for one year for operating purposes in
addition to the amount authorized in section 11a, Article XI of
the Oregon Constitution shall consist of:
(a) The following caption and question:
_________________________________________________________________
SCHOOL DISTRICT OPERATING LEVY
Question: Shall____ school district levy $____ in (fiscal year)
in excess of the amount levied for operating purposes in (prior
fiscal year) and outside its tax base?
_________________________________________________________________
(b) A concise and impartial statement of not more than 175
words, [{[-[explaining the chief purpose of the measure[-[}
[{[+[summarizing the measure and its major effect[+[} and giving
reasons for the measure.
(2) The statement in the ballot title required by this section
shall be plainly worded and factual and shall avoid as far as
practicable the use of technical terms. The statement shall not
advocate a yes or a no vote on the question. The statement shall
state whether the tax levy is subject to the limits of section
11b, Article XI of the Oregon Constitution, and whether the
revenue to be raised will be used exclusively for educational and
support services.
(3) ORS 250.035 and 310.390 do not apply to a ballot title
prepared under this section.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 140. ORS 310.390 is amended to read:
310.390. (1) Notwithstanding ORS 250.035, the ballot title of
any measure which authorizes a tax levy in addition to the tax
base provided in section 11, Article XI of the Oregon
Constitution or which establishes a new tax base shall consist
of:
(a) A caption of not more than 10 words by which the measure is
commonly referred;
(b) A question of not more than 20 words which plainly states
the purpose of the measure, and is phrased so that an affirmative
response to the question corresponds to an affirmative vote on
the measure; and
(c) A concise and impartial statement of not more than 175
words, [{[-[explaining the chief purpose of the measure[-[}
[{[+[summarizing the measure and its major effect[+[} and giving
reasons for the measure.
(2) The statement in the ballot title required in this section
shall be plainly worded and factual and shall avoid as far as
practicable the use of technical terms. The statement shall not
advocate a yes or a no vote on the question. The statement shall
state whether the tax levy is subject to the limits of section
11b, Article XI of the Oregon Constitution, and whether the
revenues to be raised will be used exclusively for educational
and support services or for other governmental purposes.
(3) For a measure which establishes a new tax base for a
metropolitan service district organized under ORS chapter 268,
the caption shall state that the measure establishes a tax base.
The caption may identify the functions or activities to be funded
by the tax base and such identification shall not make the
caption insufficient, not concise or unfair under ORS 255.155.
The question shall include the name of the district, the dollar
amount of the proposed tax base and the fiscal year in which the
tax base will first be effective. Except as provided in this
subsection, the remainder of this section applies to a measure
which establishes a new tax base for a metropolitan service
district.
(4) When the vote is taken by the electors of a road district
or other district not using printed ballots in holding its
elections, the oral statement of the question as shown by the
records of the elections or the meetings at which they are held
is sufficient.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 141. ORS 310.396 is amended to read:
310.396. Notwithstanding ORS [{[-[310.315[-[}
[{[+[310.310[+[} to 310.404 or any other law, the ballot title
for any measure requesting elector approval of bonds to be issued
by a unit of local government, as defined by ORS 190.003, shall
be sufficient if the ballot title complies with ORS 250.035 and,
when applicable, ORS 250.037.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 142. ORS 311.010 is amended to read:
311.010. As used in [{[-[ORS 311.005 to 311.505, 311.510 to
311.700 and 311.785 to 311.990[-[} [{[+[the tax laws of this
state[+[}, unless the context requires otherwise, 'county court'
includes the board of county commissioners or other governing
body of the county.
[{[+[ NOTE:[+[} Clarifies applicability of definitions.
SECTION 143. ORS 311.105 is amended to read:
311.105. (1) After the assessor has completed the
apportionment, extension and imposition of taxes on property on
the assessment roll, the assessor shall make a certificate, in
duplicate, containing a list of all taxing districts, and the
following information:
(a) The assessor shall list the total amount of taxes on
property levied or imposed on property within the county by each
district, the total amount of each special assessment and of each
kind of fee or other charge authorized or required by law to be
placed upon the tax roll for each district.
(b) From the amounts listed in paragraph (a) of this subsection
there shall be deducted the amount, if any, of each offset of
taxes against each district's levy required by law to be made by
the assessor.
(c) There shall be deducted from the difference between
paragraphs (a) and (b) of this subsection any loss caused by
truncating the tax rate as required by ORS 310.090.
(d) The total amount, paragraphs (a) minus (b) minus (c) of
this subsection, of taxes, assessments, fees and other charges to
be raised for each district by the tax roll and any property tax
amounts to be paid by the state and the total thereof.
(e) The total amount of taxes on property actually imposed on
property in the county by each district within the limits of
section 11b, Article XI of the Oregon Constitution.
(f) The total amount of loss in each category identified in ORS
310.150 by district due to proration of taxes on property, which
is the total amount of taxes to be levied or charged, less the
amount actually imposed.
(g) The amount to be imposed by the tax collector against real
property, against personal property, and against property
assessed pursuant to ORS [{[-[308.515 to 308.660[-[} [{[+[
308.505 to 308.665[+[}.
(2) The assessor shall include on the roll only taxes on
property certified under ORS 310.060 that are imposed on property
subject to ad valorem taxation and other amounts specifically
authorized by law to be included on the roll.
(3) The certificate also shall contain the list required under
ORS 308.221.
(4) The assessor shall deliver one copy of the certificate to
the county clerk.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 144. ORS 311.140 is amended to read:
311.140. (1) If the tax rolls of any county are destroyed or
damaged, the tax collector of the county shall prepare
transcripts of those parts of the rolls in which it appears, from
evidence in the possession of the tax collector or otherwise
obtainable, that taxes are unpaid on real or personal properties.
The Department of Revenue and the assessor of the county shall
assist the tax collector in the preparation of the transcripts.
(2) The tax collector shall then certify that, to the best
belief and knowledge of the tax collector, the transcripts are a
true and correct record of the taxes remaining unpaid. When
certified by the tax collector, the transcripts shall be the tax
rolls of the county for all taxes so determined to be unpaid.
(3) Thereafter, the tax collector may make corrections of such
tax rolls, pursuant to ORS 311.205, to conform such rolls to the
destroyed rolls. Such corrections shall be considered to be
clerical errors, except that where a taxpayer is aggrieved by
such correction, the taxpayer may within 60 days thereof petition
the county court for relief. The petition shall set forth in
detail the facts upon which the petitioner relies and the relief
requested. The county court may hear such petitions in a summary
manner and shall issue its order denying the relief requested or
granting such relief as it determines proper. Any taxpayer
aggrieved by such order may petition to the small claims division
of the Oregon Tax Court in the manner provided in ORS
[{[-[305.535[-[} [{[+[ 305.515[+[} to 305.555.
(4) The unpaid taxes exhibited in tax rolls prepared and
certified in accordance with this section are liens upon the real
and personal properties therein described, and shall have the
same force and effect as the liens of taxes charged in the
original tax rolls of the county. Such taxes shall be subject to
the provisions of law for the collection of taxes on real or
personal property.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 145. [{[+[(1) ORS 311.165, 311.253, 311.391, 311.500,
311.506, 311.656 and 311.662 are added to and made a part of ORS
chapter 311.
(2) ORS 311.215 is added to and made a part of ORS 311.207 to
311.213.
(3) ORS 311.700 and 311.701 are added to and made a part of ORS
311.666 to 311.696.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted (1); expands series (2) and
(3).
SECTION 146. ORS 311.205 is amended to read:
311.205. (1) After the assessor certifies the assessment and
tax roll to the tax collector, the officer in charge of the roll
may correct errors or omissions in the roll to conform to the
facts, as follows:
(a) The officer may correct a clerical error. A clerical error
is an error on the roll which either arises from an error in the
ad valorem tax records of the assessor, or the records of the
Department of Revenue for property assessed under ORS 306.126, or
which is a failure to correctly reflect the ad valorem tax
records of the assessor, or the records of the Department of
Revenue for property assessed under ORS 306.126, and which, had
it been discovered by the assessor or the department prior to the
certification of the assessment and tax roll of the year of
assessment would have been corrected as a matter of course, and
the information necessary to make the correction is contained in
such records. Such errors include, but are not limited to,
arithmetic and copying errors, and the omission or misstatement
of a land, improvement or other property value on the roll.
(b) The officer may not correct an error in valuation judgment.
Such errors are those where the assessor would arrive at a
different opinion of value.
(c) The officer may correct any other error or omission of any
kind, so long as it is not a change in valuation judgment. Such
corrections include, but are not limited to, the elimination of
an assessment to one taxpayer of property belonging to another on
the assessment date, the correction of a tax limit calculation,
the correction of a value changed on appeal, or the correction of
an error in the real market value of property resulting from an
error in the identification of a unit of property, but not an
error in a notice filed under ORS 310.060.
(d) The officer shall make any change requested by the
Department of Revenue which relates to an assessment of property
made by the department under ORS 308.505 to [{[-[308.565[-[}
[{[+[ 308.665[+[}.
(e) The officer shall make any change ordered by the Department
of Revenue under ORS 306.115 or 306.116.
(2)(a) The officer in charge of the roll shall make corrections
with the assent and concurrence of the assessor or the
department. The direction for the correction shall be made in
writing and state the type of error and the statutory authority
for the correction. Corrections may be made to the roll for any
year or years not exceeding five years prior to the last roll so
certified.
(b) Any additional taxes resulting from corrections for years
prior to the current year shall be deemed assessed and imposed in
the particular year or years as to which the corrections apply.
Addition of tax to a prior year's tax roll, due to corrections
under this section, shall not be considered in calculating the
effect of the tax limitation under section 11b, Article XI of the
Oregon Constitution for the current year.
(3) A correction made pursuant to this section shall be made in
whatever manner necessary to make the assessment, tax or other
proceeding regular and valid. The correction shall be
distinguishable upon the roll, shall include the date of the
correction and shall identify the officer making the correction.
Whenever a correction is to be made after the [{[-[tax statement
has been sent[-[} [{[+[ assessor has delivered the roll to the
tax collector[+[}, the effect of which is to increase the
assessment to which it relates, except where made by order of the
department, the procedure prescribed in ORS 311.207 to 311.213
shall be followed; and the provisions therein with respect to
appeals shall likewise apply.
(4) Corrections which would result in less than a $1,000 change
in valuation shall not change the value for purposes of computing
the taxes levied against the property, but shall be made only for
purposes of correcting the office records.
(5) The remedies under this section are in addition to other
remedies provided by law.
[{[-[(6) Correction of an error in certification of a tax on
property which would result in additional tax due shall be
reflected in the office records. No change shall be made in the
percentage distribution schedule prepared by the tax collector
under ORS 311.390. The additional tax shall be deemed imposed in
the tax year to which it relates. The additional tax shall be
collected at the same time as taxes are collected in the ensuing
year.[-[}
[{[+[ NOTE:[+[} Corrects series reference; clarifies intent;
deletes superfluous subsection.
SECTION 147. ORS 311.385 is amended to read:
311.385. (1) The tax collector shall deposit all property tax
moneys with the county treasurer no later than:
(a) One business day after:
(A) Payment of the moneys is made in person at the office of
the tax collector; or
(B) The tax collector receives moneys collected by a bank or
other collection agency; or
(b) Thirty calendar days after the payment arrives by mail in
the county mail receptacle.
(2) The tax collector shall take a receipt for all moneys
deposited with the county treasurer.
(3) Property tax moneys shall not be deposited in any account
other than the unsegregated tax collections account, except as
provided in ORS 311.370 and 311.508.
(4) No later than one business day after receiving notice of
collection of tax moneys by a bank or other collection agency,
the tax collector shall notify the county treasurer of the
collection of those tax moneys.
(5) Except as provided in ORS 311.370 and 311.508, the county
treasurer shall deposit all property tax moneys to an account in
the records of the county treasurer designated as the
unsegregated tax collections account. Only those moneys that will
be distributed under ORS 311.390 and interest earned from the
investment of those moneys shall be deposited to the unsegregated
tax collections account.
(6) As used in this section, 'property tax moneys' includes all
ad valorem taxes and all taxes on property, as defined in ORS
310.140, [{[+[and all other amounts specifically authorized by
law to be included on the assessment and tax roll, [+[}that are
certified for collection under ORS 310.060 [{[+[or other law[+[}
and any interest on those taxes.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 148. ORS 311.605 is amended to read:
311.605. As used in ORS [{[-[311.610[-[} [{[+[311.605[+[} to
311.635, ' person' includes any individual, firm, copartnership,
company, association, corporation, estate, trust, trustee,
receiver, syndicate or any group or combination acting as a unit.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 149. ORS 311.668 is amended to read:
311.668. (1)(a) Subject to ORS 311.670, an individual, or two
or more individuals jointly, may elect to defer the property
taxes on their homestead by filing a claim for deferral with the
county assessor after January 1 and on or before April 15 of the
first year in which deferral is claimed if:
(A) The individual[{[+[,[+[} or, in the case of two or more
individuals filing a claim jointly[{[+[,[+[} each individual, is
62 years of age or older on April 15 of the year in which the
claim is filed; and
(B) The individual has, or in the case of two or more
individuals filing a claim jointly, all of the individuals
together have household income, as defined in ORS 310.630, for
the calendar year immediately preceding the calendar year in
which the claim is filed of less than $17,500 if the claim is
filed before January 1, 1990; of less than $18,500 if the claim
is filed on or after January 1, 1990, and before January 1, 1991;
and of less than $19,500 if the claim is filed on or after
January 1, 1991.
(b) The county assessor shall forward each claim filed under
this subsection to the department which shall determine if the
property is eligible for deferral.
(2) When the taxpayer elects to defer property taxes for any
year by filing a claim for deferral under subsection (1) of this
section, it shall have the effect of:
(a) Deferring the payment of the property taxes levied on the
homestead for the fiscal year beginning on July 1 of such year.
(b) Continuing the deferral of the payment by the taxpayer of
any property taxes deferred under ORS 311.666 to 311.696 for
previous years which have not become delinquent under ORS
311.686.
(c) Continuing the deferral of the payment by the taxpayer of
any future property taxes for as long as the provisions of ORS
311.670 are met.
(3) If a guardian or conservator has been appointed for an
individual otherwise qualified to obtain deferral of taxes under
ORS 311.666 to 311.696, the guardian or conservator may act for
such individual in complying with the provisions of ORS 311.666
to 311.696.
(4) If a trustee of an inter vivos trust which was created by
and is revocable by an individual, who is both the trustor and a
beneficiary of the trust and who is otherwise qualified to obtain
a deferral of taxes under ORS 311.666 to 311.696, owns the fee
simple estate under a recorded instrument of sale, the trustee
may act for the individual in complying with the provisions of
ORS 311.666 to 311.696.
(5) Nothing in this section shall be construed to require a
spouse of an individual to file a claim jointly with the
individual even though the spouse may be eligible to claim the
deferral jointly with the individual.
(6) Any person aggrieved by the denial of a claim for deferral
of homestead property taxes or disqualification from deferral of
homestead property taxes may appeal to the Department of Revenue
in the manner provided by ORS 305.275.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 150. ORS 311.691 is amended to read:
311.691. (1) Notwithstanding any provision of ORS chapter 312
to the contrary and ORS 311.696 (1), upon compliance with ORS
311.693, taxes, not in excess of $1,000, assessed against a
tax-deferred homestead for any tax year beginning on or after
July 1, 1978, that were unpaid as of July 1 of the tax year for
which homestead property tax deferral was initially granted under
ORS 311.666 to 311.696, and remain unpaid, shall remain a lien
and shall become delinquent as otherwise provided by law, but
shall not be subject to foreclosure under ORS chapter 312 until
August 15 of the calendar year following the calendar year in
which one of the circumstances listed in ORS 311.684 (1) to (4)
occurs.
(2) This section does not apply if:
(a) The tax-deferred homestead property is a manufactured
structure or floating home and is moved out of state;
(b) Except in the case of a manufactured structure or floating
home, the tax-deferred homestead property is personal property;
or
(c) The owner of the tax-deferred homestead property has
household income, for the calendar year immediately preceding the
calendar year in which application is filed under ORS 311.693, of
$17,500 or more if the application is filed before January 1,
1990; of $18,500 or more if the application is filed after
January 1, 1990, and before January 1, 1991; or of $19,500 or
more if the application is filed after January 1, 1991.
(3) If the property to which subsection (1) of this section
applies has been included on a foreclosure list, or a decree of
foreclosure entered, and taxes in excess of $1,000 assessed
against the property for the earliest year are paid, the property
shall be removed from the foreclosure list, or decree vacated,
unless the proceeding against the property involves delinquent
taxes other than those described in subsection (1) of this
section.
(4) Upon removal from the foreclosure list, or upon vacation of
the decree, no penalty shall be imposed under ORS 312.110 or
312.120. In lieu thereof, the penalty is abated, or if the
penalty has been paid, upon application made to the county
assessor on or before July 1 of the year immediately following
the year of vacation or removal, the penalty shall be refunded
out of the unsegregated tax collections account in the manner
provided in ORS 311.806 [{[-[to 311.812[-[} .
(5) Within 60 days after approval of an application under ORS
311.693, with respect to any property to which this section
applies, the tax collector shall make the proper entries on the
tax roll and shall remove the property from the foreclosure list
and proceeding.
(6) If a decree has been entered foreclosing liens for
delinquent taxes against any property which is the subject of an
application filed under ORS 311.693, and the delinquent taxes
include only those taxes described in subsection (1) of this
section, or taxes in excess of those described in subsection (1)
of this section are paid, the decree shall be null and void and
of no effect and the tax collector shall make the proper entries
on the assessment and tax rolls to reflect the vacation of the
decree and to acknowledge the subsisting liens.
(7) Nothing in this section shall remove or release property to
which this section applies from the lien of any unpaid tax
thereon, but the unpaid taxes shall remain valid and subsisting
liens as though the foreclosure proceeding had not been
instituted or as though the foreclosure proceeding had not been
instituted and a decree entered.
(8) Nothing in this section shall affect a foreclosure
proceeding instituted, or a decree entered, to foreclose liens
for delinquent taxes against properties subject to foreclosure if
the delinquent taxes include taxes other than those described
under subsection (1) of this section. Such foreclosure
proceedings shall be instituted or continued without regard to
this section and such decree shall be of full force and effect as
if this section did not exist.
(9) Interest on taxes to which this section applies shall be
determined from the same dates, in the same manner and until paid
as for other property taxes remaining unpaid upon the due dates,
upon preparation of the foreclosure list in accordance with ORS
chapter 312 and subsection (1) of this section and upon entry and
following a decree of foreclosure.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 151. ORS 311.812 is amended to read:
311.812. (1) Except as provided in subsection (2) of this
section, no interest shall be paid upon any tax refunds made
under ORS 311.806.
(2) Interest as provided in subsection (3) of this section
shall be paid on the following refunds:
(a) A refund resulting from the correction under ORS 311.205 of
an error made by the assessor or tax collector.
(b) Any refund ordered by the Department of Revenue
[{[-[and[-[} [{[+[if[+[} no appeal is taken or can be taken from
the department's order.
(c) Refunds ordered by the Oregon Tax Court or the Supreme
Court [{[-[and[-[} [{[+[if[+[} the order constitutes a final
determination of the matter.
(d) Refunds of taxes collected against real or personal
property not within the jurisdiction of the tax levying body.
(e) Refunds due to reductions in value ordered by the county
board of equalization or board of ratio review where no appeal is
taken.
(f) Refunds due to reductions in value made pursuant to ORS
309.115.
(3) The interest provided by subsection (2) of this section
shall be paid at the rate provided in ORS 311.505 (2) computed
from the time the tax was paid or from the time the first
installment thereof was due whichever is the later. If a discount
were given at the time the taxes were paid, interest shall be
computed only on the net amount of taxes to be refunded.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 152. ORS 312.214 is amended to read:
312.214. (1) Notwithstanding any other provisions of law, and
for all purposes of ORS 312.214 to 312.230, it is hereby declared
to have been and to be the public policy of this state that when
a county has acquired or hereafter acquires real property by
foreclosure for delinquent taxes, its title to such property
shall have the utmost stability; and that once real property has
become or hereafter shall become subject to foreclosure for
taxes, there has been imposed and there hereafter shall be
imposed upon all persons owning or claiming to own, or having or
claiming to have, any interest in such real property, by reason
of their delinquency, a continuing duty to investigate and
ascertain whether such real property did become or hereafter
shall become included in tax foreclosure proceedings, regardless
of any defects, jurisdictional or otherwise, that may have
appeared or shall hereafter appear in such foreclosure
proceedings.
(2) If any subsection, sentence, clause or word of ORS 312.214
to [{[-[312.220[-[} [{[+[312.230[+[} shall be held to be
unconstitutional, the invalidity of such subsection, sentence,
clause or word shall not affect the validity of any other portion
of ORS 312.214 to 312.230, it being the intent of this
Legislative Assembly to enact the remainder of ORS 312.214 to
312.230, notwithstanding such part so declared unconstitutional
should or may be so declared.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 153. ORS 314.021 is amended to read:
314.021. [{[-[ORS 314.021 to 314.080, 314.085, 314.260,
314.276, 314.280, 314.287, 314.290, 314.295, 314.300, 314.302,
314.355, 314.360, 314.370 to 314.400, 314.407, 314.410, 314.412,
314.415, 314.417 to 314.423, 314.425 to 314.440, 314.466, 314.605
to 314.675, 314.712 to 314.722, 314.726, 314.730 to 314.752,
314.805 to 314.855 and 314.991 are[-[} [{[+[ Except where the
context specifically requires otherwise, this chapter is[+[}
applicable to all laws of this state imposing taxes upon or
measured by net income.
[{[+[ NOTE:[+[} Simplifies statutory reference.
SECTION 154. ORS 314.407 is amended to read:
314.407. For the purposes of ORS [{[-[314.011, 314.021,[-[}
314.407 and 314.417 to 314.423:
(1) In the case of a return submitted to the department with
payment of less than the amount of tax computed to be due, the
difference between the tax computed to be owing by the taxpayer
and the tax submitted with the return is considered as '
assessed' on the due date of the return (determined with regard
to any extension of time granted for the filing of the return) or
the date the return is filed, whichever is later.
(2) The term 'time of assessment' means:
(a) In the case of an assessment made under ORS 305.265 and
314.410, 30 days after the date the notice of assessment is
mailed to the taxpayer;
(b) In the case of an assessment made under ORS 314.440, five
days after the date the notice of assessment is mailed to the
taxpayer; or
(c) In the case of a tax assessed as described in subsection
(1) of this section, the due date of the return (determined with
regard to any extension of time granted for the filing of the
return) or the date the return is filed, whichever is later.
(3) Unless a warrant has been recorded in the County Clerk Lien
Record in the county in which property is located, no warrant
shall be considered as a lien with respect to that property.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 155. ORS 314.625 is amended to read:
314.625. Rents and royalties from real or tangible personal
property, capital gains, interest, dividends, or patent or
copyright royalties, to the extent that they constitute
nonbusiness income, shall be allocated as provided in ORS
[{[-[314.630[-[} [{[+[ 314.625[+[} to 314.645.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 156. ORS 314.650 is amended to read:
314.650. (1) All business income shall be apportioned to this
state by multiplying the income by a fraction, the numerator of
which is the property factor plus the payroll factor plus two
times the sales factor, and the denominator of which is four.
(2) If the denominator of the property factor, payroll factor
or sales factor, as determined under ORS [{[-[314.655[-[} [{[+[
314.650[+[} to 314.665, is zero, then the denominator specified
in subsection (1) of this section shall be reduced by the number
of factors with a denominator of zero.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 157. ORS 314.670 is amended to read:
314.670. If the application of the allocation and apportionment
provisions of ORS [{[-[314.610 to 314.665[-[} [{[+[ 314.605 to
314.675[+[} do not fairly represent the extent of the taxpayer's
business activity in this state, and result in the violation of
the taxpayer's rights under the Constitution of this state or of
the United States, the taxpayer may petition for and the
department may permit, or the department may require, in respect
to all or any part of the taxpayer's business activity:
(1) Separate accounting;
(2) The exclusion of any one or more of the factors;
(3) The inclusion of one or more additional factors which will
fairly represent the taxpayer's business activity in this state;
or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the taxpayer's income.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 158. [{[+[ORS 314.675 is added to and made a part of
ORS 314.605 to 314.670.[+[}
[{[+[ NOTE:[+[} Expands series.
SECTION 159. ORS 314.680 is amended to read:
314.680. As used in ORS 314.680 to [{[-[314.688[-[} [{[+[
314.690[+[}, unless the context requires otherwise:
(1) 'Broadcasting' means the activity of transmitting any
one-way electronic signal by radio waves, microwaves, wires,
coaxial cables, wave guides or other conduits of communications.
(2) 'Gross receipts from broadcasting' means all gross receipts
of an interstate broadcaster from transactions and activities in
the regular course of its trade or business except receipts from
sales of real or tangible personal property.
(3) 'Interstate broadcaster' means a taxpayer that engages in
the for-profit business of broadcasting to subscribers or to an
audience located both within and without this state. The audience
or subscribers ratio shall be determined by department rule.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 160. ORS 314.682 is amended to read:
314.682. (1) Notwithstanding any provisions of ORS
[{[-[314.665 and 314.670[-[} [{[+[ 314.605 to 314.675[+[} to the
contrary, ORS 314.680, 314.684 and 314.686 shall apply to the
apportionment of the income of an interstate broadcaster.
(2) Except as provided in subsection (1) of this section, all
other provisions of ORS [{[-[314.610 to 314.670[-[} [{[+[
314.605 to 314.675[+[} shall apply to the apportionment of the
income of an interstate broadcaster.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 161. ORS 314.686 is amended to read:
314.686. If an interstate broadcaster has gross receipts from
broadcasting, the determination of net income taxable by this
state shall be based upon the business activity within this
state, and the department shall require either the segregated
method of reporting or the apportionment method of reporting
described in ORS 314.680 to [{[-[314.684[-[} [{[+[ 314.690[+[},
under the rules adopted by the department, so as fairly and
accurately to reflect the net income of the interstate
broadcaster's business done within this state.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 162. ORS 314.688 is amended to read:
314.688. The department may adopt such rules as it deems
necessary for the administration and enforcement of ORS 314.680
to
[{[-[314.686[-[} [{[+[ 314.690[+[}.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 163. ORS 315.204 is amended to read:
315.204. (1) A credit against the taxes otherwise due under ORS
chapter 316 (or, if the taxpayer is a corporation, under ORS
chapter 317 or 318) shall be allowed to a resident employer or to
a corporation that is an employer for amounts paid or incurred
during the taxable year by the employer for dependent care
assistance actually provided to an employee if the assistance is
furnished pursuant to a program which meets the requirements of
section 129(d) of the Internal Revenue Code.
(2) The amount of the credit allowed under subsection (1) of
this section shall be 50 percent of the amount so paid or
incurred by the employer during the taxable year but shall not
exceed $2,500 of [{[-[day[-[} [{[+[dependent[+[} care
assistance actually provided to the employee.
(3)(a) A credit against the taxes otherwise due under ORS
chapter 316 (or, if the taxpayer is a corporation, under ORS
chapter 317 or 318) shall be allowed to a resident employer, or
to a corporation that is an employer, based upon amounts paid or
incurred by the employer during the taxable year to provide
information and referral services to assist employees of the
employer employed within this state to obtain dependent care.
(b) The amount of the credit allowed under this subsection
shall be 50 percent of the amounts paid or incurred during the
taxable year.
(4) No amount paid or incurred during the taxable year of an
employer in providing dependent care assistance to any employee
shall qualify for the credit allowed under subsection (1) of this
section if the amount was paid or incurred to an individual
described in section 129(c)(1) or (2) of the Internal Revenue
Code.
(5) No amount paid or incurred by an employer to provide
dependent care assistance to an employee shall qualify for the
credit allowed under subsection (1) of this section if the amount
paid or incurred is paid or incurred pursuant to a salary
reduction plan or is not paid or incurred for services performed
within this state.
(6) If the credit allowed under subsection (1) or (3) of this
section is claimed, the amount of any deduction allowed or
allowable under ORS chapter 316, 317 or 318 for the amount that
qualifies for the credit (or upon which the credit is based)
shall be reduced by the dollar amount of the credit allowed. The
election to claim a credit allowed under this section shall be
made at the time of filing the tax return in accordance with any
rules adopted by the department.
(7) The amount upon which the credit allowed under subsection
(1) of this section is based shall not be included in the gross
income of the employee to whom the dependent care assistance is
provided. However, the amount excluded from the income of an
employee under this section shall not exceed the limitations
provided in section 129(b) of the Internal Revenue Code. For
purposes of ORS 316.162, with respect to an employee to whom
dependent care assistance is provided, 'wages' does not include
any amount excluded under this subsection. Amounts excluded under
this subsection shall not qualify as expenses for which a credit
is allowed to the employee under ORS 316.078.
(8) A nonresident shall be allowed the credit allowed under
subsection (1) or (3) of this section. The credit shall be
computed in the same manner and be subject to the same
limitations as the credit granted to a resident.
(9) If a change in the taxable year of the taxpayer occurs as
described in ORS 314.085, or if the department terminates the
taxpayer's taxable year under ORS 314.440, the credit allowed by
this section shall be prorated or computed in a manner consistent
with ORS 314.085.
(10) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
(11) Any tax credit otherwise allowable under this section
which is not used by the taxpayer in a particular year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
such next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, but may not be carried forward for any
tax year thereafter.
(12) For purposes of the credit allowed under subsection (1) or
(3) of this section:
(a) The definitions and special rules contained in section
129(e) of the Internal Revenue Code shall apply to the extent
applicable.
(b) 'Employer' means an employer carrying on a business, trade,
occupation or profession in this state.
(c) 'Internal Revenue Code' means the federal Internal Revenue
Code as amended and in effect on December 31, 1992.
(13) In the case of an onsite facility, in accordance with any
rules adopted by the department, the amount upon which the credit
allowed under subsection (1) of this section is based, with
respect to any dependent, shall be based upon utilization and the
value of the services provided.
[{[+[ NOTE:[+[} Conforms to federal language.
SECTION 164. ORS 316.002 is amended to read:
316.002. This chapter may be cited as the Personal Income Tax
Act of 1969. [{[-[As used in this chapter, the term 'this
chapter ' refers only to the Personal Income Tax Act of 1969.[-[}
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 165. ORS 316.027 is amended to read:
316.027. [{[+[For purposes of this chapter, unless the context
requires otherwise:[+[}
(1) 'Resident' or 'resident of this state' means:
(a) An individual who is domiciled in this state unless the
individual:
(A) Maintains no permanent place of abode in this state;
(B) Does maintain a permanent place of abode elsewhere; and
(C) Spends in the aggregate not more than 30 days in the
taxable year in this state; or
(b) An individual who is not domiciled in this state but
maintains a permanent place of abode in this state and spends in
the aggregate more than 200 days of the taxable year in this
state unless the individual proves that the individual is in the
state only for a temporary or transitory purpose.
(2) For purposes of subsection (1)(b) of this section, a
fraction of a calendar day shall be counted as a whole day.
[{[+[ NOTE:[+[} Clarifies applicability of definitions.
SECTION 166. [{[+[ORS 316.485 and 316.495 are repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provisions.
SECTION 167. ORS 317.152 is amended to read:
317.152. (1) A credit against taxes otherwise due under this
chapter shall be allowed to eligible taxpayers for increases in
qualified research expenses and basic research payments. The
credit shall be determined in accordance with section 41
(including section 41(h)) of the Internal Revenue Code, except as
follows:
(a) The applicable percentage specified in section 41(a) of the
Internal Revenue Code shall be five percent.
(b) 'Qualified research' and 'basic research' shall consist of
research in the fields of advanced computing, advanced materials,
biotechnology, electronic device technology or environmental
technology, but only to the extent that such research is
conducted in Oregon.
(2) As used in this section:
(a) 'Advanced computing' means leading edge technologies used
in the design and development of computing hardware and software.
This includes innovations in design of the full spectrum of
hardware from hand-held calculators to super computers, including
all peripheral equipment. It also includes innovations in design
and development software executing on all computing hardware for
any purpose.
(b) 'Advanced materials' means high value metals, new and
improved wood-based materials, composites and plastics.
(c) 'Biotechnology' means biochemistry, molecular biology,
genetics and engineering dealing with the transformation of
biological systems into useful processes and products.
(d) 'Electronic device technology' means the design and
development of electronic materials and devices such as advances
in integrated circuits and superconductivity.
(e) 'Environmental technology' means environmental assessment,
cleanup and alternative energy sources.
(3) For purposes of this section:
(a) 'Eligible taxpayer' means a corporation, other than
corporations excluded under Internal Revenue Code section
41(e)(7)(E), that is engaged in research in the fields of
advanced computing, advanced materials, biotechnology, electronic
device technology or environmental technology.
(b) 'Internal Revenue Code' means the Internal Revenue Code as
amended and in effect on December 31, 1993.
(4) The Income Tax Regulations as prescribed by the Secretary
of the [{[-[Internal Revenue Service[-[} [{[+[Treasury[+[}
under authority of section 41 of the Internal Revenue Code shall
also apply for purposes of this section, except as modified by
this section or as provided in rules adopted by the department.
(5) The maximum credit under this section shall not exceed
$500,000 or one-third of the excise tax liability before credits
under this chapter, whichever is less.
(6) Any credit otherwise allowable under this section which is
not used in the tax year shall not be carried forward to any tax
year thereafter.
[{[+[ NOTE:[+[} Corrects title name.
SECTION 168. ORS 317.259 is amended to read:
317.259. Federal taxable income, adopted under ORS 317.013 and
317.018, except as specifically otherwise provided by law, shall
be modified only pursuant to the provisions contained in ORS
317.267 to [{[-[317.329, 317.342, 317.344 to 317.374[-[}
[{[+[317.386[+[} and 317.720 and no others. Each modification
authorized under law shall be allowed only to the extent that the
modification is allocated and apportioned to Oregon income.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 169. [{[+[ORS 317.342, 317.351, 317.379 and 317.383 are
added to and made a part of ORS 317.310 to 317.386.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 170. [{[+[ORS 317.377 and 317.485 are added to and made
a part of ORS 317.476 to 317.485.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted; corrects series reference.
SECTION 171. ORS 318.031 is amended to read:
318.031. It being the intention of the Legislative Assembly
that this chapter and the Corporation Excise Tax Law of 1929
shall be administered as uniformly as possible (allowance being
made for the difference in imposition of the taxes and the
operative date of this chapter), the provisions of ORS 305.140,
305.150, ORS chapter 314 and of the following sections of ORS
chapter 315 or 317, as amended on or before August 3, 1955, and
as they may thereafter be amended, are incorporated into this
chapter by this reference and made a part hereof: ORS 315.104,
315.134, 315.148, 315.156, 315.204, 315.208, 315.234, 315.254,
315.304, 315.504 and 315.604 (all only to the extent applicable
for a corporation) and ORS 317.010, 317.013, 317.017 to 317.022,
317.030, 317.035, 317.038, 317.080, 317.152 to 317.154, 317.259
to 317.303, 317.310 to [{[+[317.386, 317.476 to 317.485, 317.510
to [+[}317.635 [{[-[, 317.379[-[} and 317.705 to 317.725.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 172. [{[+[ORS 318.100 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provision.
SECTION 173. ORS 320.012 is amended to read:
320.012. (1) At any point during the period for which the
excise tax as measured under ORS 320.011 (2) is paid that the net
receipts of the person from the display or operation of an
amusement device or amusement devices exceed $104,000, the tax
imposed under ORS 320.011 shall be increased by adding to its
measure the amount of $50.
(2) At any point during the period for which the excise tax as
measured under ORS 321.011 (2) and subsection (1) of this section
is paid that the net receipts of the person from the display or
operation of an amusement device or amusement devices exceed
$260,000, the tax imposed under ORS 320.011 shall be increased by
adding to its measure the amount of $75.
(3) Any increases in the measure of the excise tax provided by
this section shall be paid to the department within 10 days after
the close of the calendar quarter in which the net receipts of
the person reach the level for which the increase in the measure
of the tax is provided. Upon payment of the increase in excise
tax and any penalty, the department shall issue to the person a
receipt for each amusement device with respect to which the
increase is paid.
(4) As used in this section, 'net receipts' has the meaning
given the term 'net receipts from video lottery games' under ORS
[{[-[461.544[-[} [{[+[461.547[+[}.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 174. ORS 321.353 is amended to read:
321.353. (1) Notwithstanding ORS 308.205, 308.232, 321.352,
321.357 or other law and subject to subsection (2) of this
section, for the tax year beginning July 1, 1995, and for each
tax year thereafter, forestland in western Oregon shall be
considered to have a value per acre in accordance with the
following schedule:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Land ClValue Per Acre
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
FA...........$720
FB...........$619
FC...........$396
FD...........$299
FE...........$171
FF............$42
FG.............$7
FX.............$1
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(2)(a) For the tax year beginning July 1, 1995, and for each
tax year thereafter, the values per acre of forestland as
determined under subsection (1) of this section shall be adjusted
according to the change calculated under this subsection.
(b) The department shall determine the assessed values of
forestland by multiplying the assessed values of the forestland
for the previous year by the value index calculated by the
department and certified to the appropriate county assessors
under subsection (3) of this section. For the tax year beginning
July 1, 1995, the 'assessed values of the forestland for the
previous year' means the values set forth in subsection (1) of
this section.
(c) As used in this subsection, 'value index' means the number
1.0 plus the decimal equivalent of 50 percent of the change,
whether positive or negative, in the Average Western Oregon Log
Value for:
(A) The current and seven preceding six-month periods when
compared with a similar calculation made one year previously for
the tax year beginning July 1, 1995;
(B) The current and nine preceding six-month periods when
compared with a similar calculation made one year previously for
the tax year beginning July 1, 1996;
(C) The current and 11 preceding six-month periods when
compared with a similar calculation made one year previously for
the tax year beginning July 1, 1997; and
(D) The current and 13 preceding six-month periods when
compared with a similar calculation made one year previously for
all tax years beginning on or after July 1, 1998.
(d) As used in this subsection, 'current' means the six-month
period last ending before the calculation is made.
(e) For purposes of determining forestland values under this
section, forestland in western Oregon shall be divided into those
land market areas as the department shall establish by rule.
(3) Prior to [{[-[March[-[} [{[+[July[+[} 1 of each tax year,
the department shall determine and certify to the appropriate
county assessor the values of forestland in western Oregon.
Except as provided in ORS 321.352 (7), the county assessor shall
use the value so certified in the preparation of the assessment
and tax rolls of the county each tax year.
(4) ORS 321.352 (5) to (9) apply to the forestland values
determined under this section.
(5) For the tax year beginning July 1, 1995, and for each tax
year thereafter, forestland in western Oregon shall be subject to
ad valorem taxation at the same rates as nonforestland similarly
situated. However, the assessed value for taxation of such
forestland shall not exceed 20 percent of its value determined
under ORS 321.352 to 321.381.
[{[+[ NOTE:[+[} Conforms date to existing statutes.
SECTION 175. ORS 321.357 is amended to read:
321.357. Notwithstanding ORS 308.205, 308.232, 321.352 and
321.810, the value of forestland in eastern and western Oregon
classified as of July 1, 1977, as reforestation land under ORS
321.255 to 321.360 (1975 Replacement Part) shall be determined by
multiplying its value determined under ORS 308.205, 308.232,
321.352 and 321.810, whichever are applicable, by a percentage.
The percentage applied for the tax year 1978-1979 shall be five
percent. For each tax year thereafter, through the tax year
1994-1995, the percentage applied shall be five percent more than
the percentage applied for the preceding assessment year.
Beginning with the tax year 1995-1996, the value shall be
determined under ORS 321.348 and 321.353 or 321.811, whichever
[{[-[are[-[} [{[+[is[+[} applicable, and the percentage applied
shall be 100 percent.
[{[+[ NOTE:[+[} Corrects grammar.
SECTION 176. ORS 321.415 is amended to read:
321.415. (1) Lands assessed by the Department of Revenue
pursuant to ORS 308.505 to [{[-[308.820 and 308.990[-[} [{[+[
308.665, 308.705 to 308.730 or 308.805 to 308.820[+[} and the
timber thereon shall not be subject to the provisions of ORS
321.405 to 321.520.
(2) The tax imposed under the provisions of ORS 321.405 to
321.520 shall be additional to that levied under the provisions
of ORS 321.005 to 321.185 and 321.560 to 321.600.
(3) Timber on timberland which is exempt from the ad valorem
real property tax shall be exempt from the privilege tax imposed
by ORS 321.405 to 321.520.
(4) Land used exclusively for growing cultured Christmas trees,
and the cultured Christmas trees growing thereon, as defined in
ORS 215.203, shall not be subject to the provisions of ORS
321.405 to 321.520 and 321.805 to 321.825.
(5) Except as provided in ORS 321.426, land and hardwood
timber, including but not limited to hybrid cottonwood, shall not
be subject to the provisions of ORS 321.405 to 321.520 and
321.805 to 321.825 if the land and timber are:
(a) Grown or growing on land which has been prepared by
intensive cultivation methods and which is cleared of competing
vegetation for at least three years after tree planting;
(b) Of a species marketable as fiber for inclusion in the '
furnish' for manufacturing paper products;
(c) Harvested on a rotation cycle within 10 years after
planting; and
(d) Subject to intensive agricultural practices such as
fertilization, insect and disease control, cultivation and
irrigation.
(6) Nothing contained in ORS 321.405 to 321.520 shall prevent:
(a) The collection of ad valorem property taxes which became a
lien against timber prior to July 1, 1962.
(b) The collection of taxes, charges or assessments made
pursuant to law for protection.
(c) The collection of taxes levied under the provisions of ORS
321.005 to 321.185 and 321.560 to 321.600.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 177. ORS 321.760 is amended to read:
321.760. (1) The State Forester shall certify to the owner
involved, and to the appropriate county assessor or assessors,
the removal from classification of any forestland previously
classified under ORS 321.705 to 321.765 when:
(a) The owner requests such declassification in writing. An
owner may request declassification for all or a portion of the
forestlands that are classified under ORS 321.705 to 321.765.
However, if the owner requests declassification of only a portion
of the classified forestland, the owner must either:
(A) Request declassification of all of the forestlands that are
contained in each tax lot that contains any forestlands for which
declassification is requested; or
(B) Furnish an adequate legal description of the land which the
owner desires be declassified to the State Forester and to the
county assessor. As used in this subparagraph, 'adequate legal
description' means a legal description from which the State
Forester and the county assessor may locate the forestland
requested to be declassified and determine its acreage without
undue difficulty.
(b) The State Forester determines, after investigation, that
the forestland is no longer entitled to classification under ORS
321.705 to 321.765.
(2)(a) Forestland shall be declassified upon sale or transfer
to an ownership making it exempt from ad valorem property
taxation. Except as provided by this paragraph, the sale or
transfer to a new owner or the transfer by reason of death of a
former owner to a new owner shall not operate to declassify the
land so long as the land continues to meet all of the eligibility
requirements under ORS 321.725 and 321.730, except that the land
need not meet the requirement that the predominant size of timber
on the forestland be eight inches in diameter, breast high,
outside the bark or of an average age of less than 40 years.
However, the county assessor shall notify the State Forester if a
sale or transfer of the forestland occurs for the purpose of
determining the continued eligibility of the forestland for
classification under ORS 321.705 to 321.765.
(b) The lien for increased taxes and interest on land
declassified shall attach on the day preceding a sale or transfer
of the land making it exempt from ad valorem taxation or on the
day preceding a sale or transfer that follows or is connected
with a division of the land that results in its declassification.
(c) The additional taxes determined under this section shall be
deemed assessed and imposed in the year to which the additional
taxes relate.
(3) Upon declassification there shall be added to the tax
extended against the land, on the next property assessment and
tax roll, to be collected and distributed in the same manner as
ad valorem taxes on real property, an amount equal to the sum of:
(a) An additional tax in the amount of the difference between
the taxes assessed against the land and the taxes that would
otherwise have been assessed against the land had the land not
been designated as forestland for each of the last five years (or
such lesser number of years, corresponding to the number of years
of small tract optional tax classification applicable to the
property) preceding the year in which the land was disqualified
for special classification;
(b) The amount of privilege taxes which would have been payable
under ORS 321.257 to 321.322, during the five years immediately
preceding such extension on the tax roll; and
(c) Interest on the amounts of taxes added pursuant to
paragraph (b) of this subsection at the rate of six percent a
year from the date at which such increased taxes would have been
payable if the forestland had been valued without regard to ORS
321.720.
(4)(a) Declassifications certified under this section shall
take effect as of the date that the notice of declassification is
sent by certified mail or delivered by the State Forester to the
owner. If the declassification is effective [{[-[on or[-[}
before July 1, the declassification shall apply for the ensuing
tax year. However, if the declassification is effective on or
after July 1, classification shall continue for the current tax
year and declassification shall apply for the tax year beginning
the following July 1.
(b) A notice of declassification mailed or delivered under this
section shall inform the owner of the land of ORS 321.960 and the
opportunity, if qualified to do so, to change to classification
or designation under one of the other special assessment laws
listed in ORS 321.960. The notice shall be in lieu of any further
notice required under ORS 321.960 (5) and shall contain the
information required in a notice given under ORS 321.960 (5).
(5) The amount determined to be due under subsection (3) of
this section may be paid to the tax collector prior to completion
of the next general property tax roll, pursuant to ORS 311.370.
(6) No additional tax shall be imposed under subsection (3)(a)
or (b) of this section if:
(a) The forestland or portion thereof that is declassified is
designated as forestland at the election of the owner pursuant to
ORS 321.347 (4) and section 45, chapter 892, Oregon Laws 1977. If
the land is later removed from designation under ORS 321.257 to
321.381, however, the land shall be subject to the back taxes
imposed by ORS 321.372 in the manner provided in ORS 321.347 (4)
(relating to computation of the period of classification as
designated forestland).
(b) The land is changed to assessment under ORS 308.370 or
321.257 to 321.381 pursuant to ORS 321.960. If the land is later
removed from special assessment as farm or forest land, however,
the additional tax under ORS 321.960 (4) shall apply.
[{[+[ NOTE:[+[} Clarifies date.
SECTION 178. ORS 321.805 is amended to read:
321.805. As used in ORS 321.805 to 321.825, unless the context
requires otherwise:
(1) 'Forestland' means land east of the summit of the Cascade
Mountains which is not assessed as farmland pursuant to ORS
[{[-[308.370, 308.372, 308.375, 308.380, 308.390 and 308.395[-[}
[{[+[ 308.345 to 308.365 and 308.370 to 308.407 [+[}and is not
assessed [{[-[as property[-[} [{[+[ by the Department of
Revenue[+[} pursuant to ORS 308.505 to
[{[-[308.990[-[} [{[+[ 308.665, 308.705 to 308.730 or 308.805 to
308.820[+[}; and which either is being held or used for the
predominant purpose of growing and harvesting trees of a
marketable species and has been designated as forestland under
ORS 321.805 to 321.825, or is land the highest and best use of
which is the growing and harvesting of such trees. Forestland is
the land alone. Forestland often contains isolated openings which
because of rock outcrops, river wash, swamps, chemical conditions
of the soil, brush and other like conditions prevent adequate
stocking of such openings for the production of trees of a
marketable species. If such openings in their natural state are
necessary to hold the surrounding forestland in forest use
through sound management practices, they are deemed forestland.
(2) 'Owner' means any individual or combination of individuals,
partnership, firm, corporation or association of whatever nature
owning or controlling forestland.
(3) The 'summit of the Cascade Mountains' shall be considered
to be a line beginning at the intersection of the northern
boundary of the State of Oregon and the western boundary of Wasco
County, thence southerly along the western boundaries of the
counties of Wasco, Jefferson, Deschutes and Klamath to the
southern boundary of the State of Oregon.
[{[+[ NOTE:[+[} Corrects series reference; clarifies intent.
SECTION 179. [{[+[ORS 323.086, 323.087, 323.089 and 323.091 are
repealed.[+[}
[{[+[ NOTE:[+[} Repeals temporary provisions.
SECTION 180. ORS 323.110 is amended to read:
323.110. The department, to insure compliance with ORS 323.005
to 323.455 and 323.990, shall require a licensee or an applicant
for a license as distributor to deposit with it such security as
the department may determine. The amount of the security shall be
fixed by the department but shall not be greater than two times
the estimated average monthly liability shown in the monthly
reports, determined in such manner as the department deems
proper. The amount of the security may be increased or decreased
by the department subject to the limitations herein provided.
Except as provided in ORS 323.120, the security shall be in the
form of a bond or bonds executed by the distributor as principal
and by a corporation, authorized to engage in business as a
surety company in Oregon under ORS [{[-[chapter 747[-[} [{[+[
742.350 to 742.370[+[}, as surety, payable to the State of Oregon
through its Department of Revenue, conditioned upon the payment
of all taxes, penalties and other obligations of the distributor
arising under ORS 323.005 to 323.455 and 323.990.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 181. ORS 326.111 is amended to read:
326.111. (1) The Department of Education 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 and the
Commissioner for Community College Services serving as an
administrative officer for community college matters.
(2) The Department of Education shall consist of:
(a) The State Board of Education;
(b) The State Textbook Commission;
(c) The Office of Community College Services [{[-[which shall
have authority to negotiate with the Federal Government on
federal funds for community colleges, to possess an agency
accounting number separate from that for other department
activities, to reimburse the department for such central services
as the office desires to use and to pay such personnel
assessments, rent and utility costs and other costs as may be
attributable to the office and separable from expenses and costs
for other activities of the Department of Education[-[} ;
(d) Such other agencies and officers as are added by law to the
Department of Education; and
(e) 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 and community colleges not conferred by law on some other
agency.
[{[+[ (4) The Office of Community College Services may
negotiate with the Federal Government on federal funds for
community colleges to possess an agency accounting number
separate from that for other department activities, to reimburse
the department for such central services as the office desires to
use and to pay such personnel assessments, rent and utility costs
and other costs as may be attributable to the office and
separable from expenses and costs for other activities of the
Department of Education.[+[}
[{[+[ NOTE:[+[} Moves function of office to separate
subsection.
SECTION 182. ORS 336.088 is amended to read:
336.088. (1) The Department of Education shall prepare and make
available to the educational community a comprehensive
educational program affecting appropriate parts of the
curriculum, to:
(a) Improve dispute and conflict resolution skills and
encourage creative problem solving;
(b) Provide understanding of other cultures and the roots and
nature of conflict between cultures;
(c) Communicate insight into how attitudes are formed and
decisions are made; [{[+[and[+[}
(d) Present to students, as is appropriate to their ages, a
balanced discussion of the following topics:
(A) The history of the arms race;
(B) The short, intermediate and long-term dangers of the use of
modern weapons of mass destruction;
(C) The changing nature of armed conflict; and
(D) The effect of the arms race on national and local
economies.
(2) A school district may adopt or modify and implement the
educational program described in subsection (1) of this section
at the district's discretion.
[{[+[ NOTE:[+[} Adds connecting word.
SECTION 183. ORS 336.187 is amended to read:
336.187. (1) A public school or school district shall disclose
personally identifiable information from an education record of a
student to law enforcement, child protective services and health
care professionals in connection with a health or safety
emergency if knowledge of the information is necessary to protect
the health and safety of the student or other individuals.
(2) As used in this section, a 'health or safety emergency '
includes, but is not limited to, law enforcement efforts to
locate a child who may be a victim of kidnap, abduction or
custodial interference and law enforcement or child protective
services efforts to respond to a report of child abuse or neglect
pursuant to ORS [{[-[418.750 to 418.760 (1991 Edition)[-[}
[{[+[419B.005 to 419B.045[+[}.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 184. ORS 341.085 is amended to read:
341.085. (1) An election for the purpose of presenting the
question of formation of a district and establishing a tax base
or authorizing a serial levy therefor, or both, and the
boundaries of the zones, if the zones were recommended by the
state board, shall be held to submit the question to the electors
registered in the proposed district designated in the
recommendation of the state board. The election shall be held not
sooner than the 90th day after the effective date of the
appropriation required by ORS 341.102. The election date shall be
uniform throughout the proposed district, and shall be set by the
state board on a date specified in ORS 255.345. However, if the
question of establishing a new tax base is to be submitted, the
election must be held on the same date as the next regular
primary statewide election or the next regular biennial statewide
general election, as determined by the state board.
(2) ORS chapter 255 and ORS [{[-[310.330 to 310.395[-[}
[{[+[310.310 to 310.404[+[} govern the notice and conduct of an
election under this section. The state board shall be the
district election authority for an election conducted under this
section. Notwithstanding ORS 255.305, the state board shall pay
the expenses incurred for the election.
(3) An elector registered in a precinct or in the portion of a
precinct which is located within the boundaries of the proposed
district may vote on any matter arising at the election under
subsection (1) of this section.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 185. ORS 341.290 is amended to read:
341.290. The board of education of a community college district
shall be responsible for the general supervision and control of
any and all community colleges operated by the district.
Consistent with any applicable rules of the State Board of
Education, the board may:
(1) Subject to ORS chapter 237, employ administrative officers,
professional personnel and other employees, define their duties,
terms and conditions of employment and prescribe compensation
therefor, pursuant to ORS 243.650 to 243.782.
(2) Enact rules for the government of the community college,
including professional personnel and other employees thereof and
students therein.
(3) Prescribe the educational program.
(4) Control use of and access to the grounds, buildings, books,
equipment and other property of the district.
(5) Acquire, receive, hold[{[+[,[+[} control, convey, sell,
manage, operate, lease, lease-purchase, lend, invest, improve and
develop any and all property of whatever nature given to or
appropriated for the use, support or benefit of any activity
under the control of the board, according to the terms and
conditions of such gift or appropriation.
(6) Purchase real property upon a contractual basis when the
period of time allowed for payment under the contract does not
exceed 30 years.
(7) Fix standards of admission to the community college,
prescribe and collect tuition for admission to the community
college, including fixing different tuition rates for students
who reside in the district, students who do not reside in the
district but are residents of the state and students who do not
reside in the state.
(8) Prescribe and collect fees and expend funds so raised for
special programs and services for the students and for programs
for the cultural and physical development of the students.
(9) Provide and disseminate to the public information relating
to the program, operation and finances of the community college.
(10) Establish or contract for advisory and consultant
services.
(11) Take, hold and dispose of mortgages on real and personal
property acquired by way of gift or arising out of transactions
entered into in accordance with the powers, duties and authority
of the board and institute, maintain and participate in suits and
actions and other judicial proceedings in the name of the
district for the foreclosure of such mortgages.
(12) Maintain programs, services and facilities, and, in
connection therewith, cooperate and enter into agreements with
any person or public or private agency.
(13) Provide student services including health, guidance,
counseling and placement services, and contract therefor.
(14) Join appropriate associations and pay any required dues
therefor from resources of the district.
(15) Apply for federal funds and accept and enter into any
contracts or agreements for the receipt of such funds from the
Federal Government or its agencies for educational purposes.
(16) Exercise any other power, duty or responsibility necessary
to carry out the functions under this section or required by law.
(17) Prescribe rules for the use and access to public records
of the district that are consistent with ORS 192.420, and
education records of students under applicable state and federal
law and rules of the State Board of Education. Whenever a student
has attained 18 years of age or is attending an institution of
post-secondary education, the permission or consent required of
and the rights accorded to a parent of the student regarding
education records shall thereafter be required of and accorded to
only the student. However, faculty records relating to matters
such as conduct, personal and academic evaluations, disciplinary
actions, if any, and other personal matters shall not be made
available to public inspection for any purpose except with the
consent of the person who is the subject of the record or upon
order of a court of competent jurisdiction.
(18) Enter into contracts for the receipt of cash or property,
or both, and establish annuities pursuant to ORS 731.704 to
731.724; and, commit, appropriate, authorize and budget for the
payment of or other disposition of general funds to pay, in whole
or in part, sums due under an annuity agreement, and to provide
the necessary funding for reserves or other trust funds pursuant
to ORS 731.716.
(19) Encourage gifts to the district by faithfully devoting the
proceeds of such gifts to the district purposes for which
intended.
(20) Build, furnish, equip, repair, lease, purchase and raze
facilities; and locate, buy and acquire lands for all district
purposes. Financing may be by any prudent method including but
not limited to loans, contract purchase or lease. Leases
authorized by this section include lease-purchase agreements
whereunder the district may acquire ownership of the leased
property at a nominal price. Such financing agreements may be for
a term of up to 30 years except for lease arrangements which may
be for a term of up to 50 years.
(21) Participate in an educational consortium with public and
private institutions that offer upper division and graduate
instruction. Community colleges engaged in such consortiums may
expend money, provide facilities and assign staff to assist those
institutions offering upper division and graduate instruction.
[{[+[ NOTE:[+[} Inserts clarifying punctuation.
SECTION 186. ORS 341.331 is amended to read:
341.331. (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 [{[-[of chief
purpose[-[} [{[+[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.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 187. ORS 343.465 is amended to read:
343.465. (1) It is the policy of this state to respect the
unique nature of each child, family and community with particular
attention to cultural and linguistic diversity, and to support a
system of services for preschool children with disabilities and
their families that:
(a) Recognizes the importance of the child's family, supports
and builds on each family's strengths and respects family
decision-making and input regarding service options and public
policy.
(b) Identifies, evaluates and refers services for preschool
children with disabilities at the earliest possible time.
(c) Uses specialized services and all other community services
and programs for children, including community preschools, Head
Start programs, community health clinics, family support programs
and other child-oriented agencies.
(d) Uses a variety of funding sources for preschool children
with disabilities and their families, including public and
private funding, insurance and family resources.
(e) Assists families in utilizing necessary services in the
most cost-effective and efficient manner possible by using a
coordinated planning and implementation process.
(f) Insures that all children and their families, regardless of
disability, risk factors or cultural or linguistic differences,
are able to utilize services for which they would otherwise be
qualified.
(g) Encourages services and supports for preschool children
with disabilities and their families in their home communities
and in settings with children without disabilities.
(h) Recognizes the importance of developing and supporting
well-trained and competent personnel to provide services to
preschool children with disabilities, and their families.
(i) Evaluates the system's impact on the child and family,
including child progress, service quality, family satisfaction,
transition into public schooling, longitudinal and cumulative
reporting over several biennia and interagency coordination at
both the state and local level.
(j) Reports information described in paragraph (i) of this
subsection to the State [{[-[Early Intervention[-[}
[{[+[Interagency[+[} Coordinating Council, the Governor, the
Superintendent of Public Instruction, the State Board of
Education and the Legislative Assembly each biennium.
(2) In carrying out the provisions of subsection (1) of this
section, the Department of Education, the Department of Human
Resources and the Department of Higher Education shall coordinate
services to preschool children with disabilities, or who are at
risk of developing disabling conditions, and their families. All
program planning, standards for service, policies regarding
services delivery and budget development for services for
preschool children with disabilities, and their families shall
reflect the policy outlined in subsection (1) of this section and
elaborated through rules and agreements.
[{[+[ NOTE:[+[} Corrects name of council.
SECTION 188. ORS 345.400 is amended to read:
345.400. In addition to the other requirements of ORS 345.010
to 345.470, the rules adopted by the State Board of Education to
regulate schools teaching hair design, facial technology or nail
technology:
(1) Shall be set out separately from other rules adopted by the
board.
(2) May include rules the board considers necessary to protect
the economic or physical health and safety of the public and of
the students attending the school including compliance with ORS
345.110.
(3) Shall include rules that set standards for teachers
teaching in schools licensed to teach hair design, facial
technology or nail technology pursuant to [{[-[this chapter[-[}
[{[+[ORS 345.010 to 345.470[+[}.
(4) Shall require the schools to teach, and require for
graduation from the school, courses that meet the following
minimum standards:
(a)(A) A minimum hourly training requirement for:
(i) Hair design, 1,800 hours;
(ii) Facial technology, 350 hours; and
(iii) Nail technology, 350 hours; and
(B) A student is only required to complete successfully one
time the requirements common to two or more licensing
classifications. The maximum number of hours of training time may
be reduced by not to exceed 100 hours when a second licensing
classification is being earned. The maximum number of hours of
training time may be reduced by not to exceed an additional 100
hours, when a third classification is being earned; or
(b) A student competency-based training requirement for hair
design, facial technology or nail technology, if the school has
developed written requirements for graduation that are approved
by the Superintendent of Public Instruction.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 189. ORS 346.680 is amended to read:
346.680. As used in ORS 346.680 to 346.690:
(1) 'Assistance animal' means any animal trained to assist a
physically impaired person in one or more daily life activities,
including but not limited to:
(a) Dog guides, as defined in ORS 346.610;
(b) Hearing ear dogs, as defined in ORS 346.640;
(c) [{[-[Pulling[-[} [{[+[An animal trained to pull[+[} a
wheelchair;
(d) [{[-[Fetching[-[} [{[+[An animal trained to fetch[+[}
dropped items; and
(e) [{[+[An animal trained to perform[+[} balance work.
(2) 'Assistance animal trainee' means any animal undergoing
training to assist a physically impaired person.
(3) 'Daily life activity' includes but is not limited to:
(a) Self-care;
(b) Ambulation;
(c) Communication; or
(d) Transportation.
(4) 'Mode of transportation' means any mode of transportation
operating within this state.
(5) 'Physically impaired person' means any person who is
permanently physically impaired, whose physical impairment limits
one or more of daily life activities and who has a record of
impairment and is regarded by health care practitioners as having
such an impairment, requiring the use of an assistance animal
including but not limited to blindness, deafness and complete or
partial paralysis.
(6) 'Public accommodation' means a place of public
accommodation as defined in ORS 30.675 including but not limited
to educational institutions, airlines and restaurants. The
exception stated in ORS 30.675 (2) is not an exception under ORS
90.390 and 346.680 to 346.690.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 190. ORS 351.050 is amended to read:
351.050. The board shall [{[-[organize by the election
from[-[} [{[+[ elect one of[+[} its members [{[-[of a[-[}
[{[+[as[+[} president who shall serve for the fiscal year for
which the president is elected. The board shall meet regularly
once every three months at such times and places as the president
may determine. Special meetings may be called by the president
upon the written request of any six members of the board. Six
members shall constitute a quorum for the transaction of
business.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 191. ORS 351.077 is amended to read:
351.077. (1) [{[+[Pursuant to ORS 342.447,[+[} the office of
the Chancellor of the State System of Higher Education shall
[{[-[assure that[-[} [{[+[ensure the implementation of[+[} the
plans developed for [{[+[ recruitment of[+[} minority
[{[-[teacher, as defined by ORS 342.433, recruitment are
implemented[-[} [{[+[ teachers[+[}.
(2) The chancellor shall report biennially to the State Board
of Higher Education and the Legislative Assembly on the
implementation and results of the plans. The report may include
recommendations on ways in which the Legislative Assembly can
assist in increasing the number of minority teachers.
[{[+[ NOTE:[+[} Corrects syntax; clarifies statutory reference;
corrects word choice.
SECTION 192. ORS 351.085 is amended to read:
351.085. The Chancellor of the State Board of Higher Education
shall exercise, under the direction of the State Board of Higher
Education, the administrative authority necessary to carry out
the policies of the board with respect to the institutions,
departments or activities under the control of the board. In
carrying out the duties of the chancellor, the chancellor shall:
(1) Act as administrative officer of the State Board of Higher
Education.
(2) Maintain a centralized service program for all
institutions, departments and activities, including but not
limited to, accounting, statistical services, capital
construction, management analysis, legal services, academic
affairs and educational research.
(3) Collect and compile information and statistics relative to
the operation of the institutions, departments and activities of
the State Board of Higher Education.
(4) Prepare and submit to the State Board of Higher Education
an annual operating budget for all institutions, departments and
activities of the board.
(5) Oversee the preparation and submission to the State Board
of Higher Education of the biennial budget requests of the
institutions, departments and activities for consideration by the
board as the budget request to the Governor under ORS 351.090.
The chancellor shall provide analyses of the budget requests of
the institutions, departments and activities, including in such
analyses alternative considerations as may be necessary or
desirable for the board in the adoption of its budget request.
(6) Appoint, subject to the State Personnel Relations Law, and
with the approval of the State Board of Higher Education, such
personnel as may be necessary for the performance of the duties
of the chancellor.
(7) Designate, if the chancellor wishes, one or more suitable
persons to sign or countersign warrants, vouchers, certificates,
or other papers and documents requiring the signature of the
chancellor.
(8) Prepare the agendas for State Board of Higher Education
meetings and provide an analysis of proposals made to the board,
including such alternatives as may be necessary or desirable for
their consideration, and make recommendations thereon.
(9) Prepare and submit to the State Board of Higher Education
on or about December 31 of each year an annual report in which
the chancellor describes the principal activities of the
Department of Higher Education during the fiscal year ending June
30. The report shall include a statement of all funds received,
the source or sources from which received, the expenditure and
disbursement of all funds and the purposes for which they were
expended. The report shall contain a statement of the number of
students enrolled in each institution, department or activity,
the number of degrees conferred, the improvements made and new
courses of instruction added, together with a statement showing
in a general way the status of all activities and functions of
the State Board of Higher Education.
(10) Keep a record of the transactions of the State Board of
Higher Education.
(11) Have the custody of all books, papers, documents and other
property belonging to the State Board of Higher Education.
(12) Give such instructions as may be necessary to carry out
the directives of the State Board of Higher Education and forward
them to the various institution presidents and heads of
departments and activities.
(13) Provide for meetings of the presidents and principal
executives of the institutions, departments and activities, at
such times as the State Board of Higher Education may direct,
such meetings to be open to any member of the board. At such
meetings, the executives of the Department of Higher Education
may propose policies or policy changes or statements for
consideration by the board and develop recommendations concerning
allocations of funds.
(14) [{[-[The chancellor shall[-[} Perform such other
administrative assistance and consider other administrative
matters as the State Board of Higher Education may require.
[{[+[ NOTE:[+[} Deletes redundant language.
SECTION 193. ORS 351.545 is amended to read:
351.545. (1) The board shall maintain with the State Treasurer,
a Higher Education Isolation Facility Bond Sinking Fund, separate
and distinct from the General Fund. The Higher Education
Isolation Facility Bond Sinking Fund shall provide for the
payment of principal and interest of bonds issued under the
authority of Article XI-F(1) of the Oregon Constitution and ORS
351.350 in an amount equal to the amount authorized for
expenditure by subsection (2)(b) of section 3, chapter 709,
Oregon Laws 1971, and expended as provided therein. The sinking
fund may be invested by the board in securities as defined in ORS
295.005 (7)(a), (c) and (d) and in Time Certificates of Deposit
issued by a bank or trust company authorized to do business in
this state in the capacity of a bank or trust company, and the
earnings from such investments shall be credited to the sinking
fund.
(2) The Higher Education Isolation Facility Bond Sinking Fund
shall consist of moneys received as net revenues from the
isolation facilities for which the expenditure of funds is
authorized by subsection (2)(b) of section 3, chapter 709, Oregon
Laws 1971, including gifts, grants and building fees, moneys
received as accrued interest on bonds sold, earnings from
investments on the sinking fund, the proceeds of the sale of
refunding bonds and any accrued interest on such refunding bonds,
[{[-[moneys received pursuant to ORS 462.280 (1991 Edition),[-[}
moneys appropriated to the sinking fund by the Legislative
Assembly and moneys received for the purposes of the sinking fund
from all other sources. All moneys in the sinking fund are
continuously appropriated to the board for the purposes provided
in subsection (1) of this section.
(3) The sinking fund shall not be used for any purpose other
than that for which the fund was created; but should a balance
remain therein after the purpose for which the fund was created
has been fulfilled, or the sinking fund and investments thereof,
will, in the judgment of the board, be sufficient to meet in full
the principal of and the interest upon all Higher Education
Isolation Facility bonds then such excess funds may be
transferred by the board to funds to be used for research related
to veterinary medicine.
[{[+[ NOTE:[+[} Deletes obsolete reference.
SECTION 194. ORS 352.360 is amended to read:
352.360. (1) The State Board of Higher Education may enact such
regulations as it shall deem convenient or necessary to provide
for the policing, control and regulation of traffic and parking
of vehicles on the property of any institution under the
jurisdiction of the board. Such regulations may provide for the
registration of vehicles, the designation of parking areas, and
the assessment and collection of reasonable fees and charges for
parking, and shall be filed in accordance with the provisions of
ORS 183.310 to 183.550. The board may require that before a
quarterly or yearly parking privilege for any vehicle is granted
to any full-time or part-time student to use board property, the
student must show that the vehicle is operated by a student
holding a valid driver's license, that the vehicle is currently
registered and that the student driving the vehicle is insured
under a motor vehicle liability insurance policy that meets the
requirements described under ORS 806.080 or that the student or
owner of the vehicle has provided the Department of
Transportation with other satisfactory proof of compliance with
the financial responsibility requirements of this state.
(2) The regulations enacted pursuant to subsection (1) of this
section shall be enforced administratively under procedures
adopted by the board for each institution under its jurisdiction.
Administrative and disciplinary sanctions may be imposed upon
students, faculty and staff for violation of the regulations,
including but not limited to, a reasonable monetary penalty which
may be deducted from student deposits, and faculty or staff
salaries or other funds in the possession of the institution. The
board shall provide opportunity for hearing for the determination
of controversies in connection with imposition of fines or
penalties. The board may prescribe procedures for such hearings
despite the provisions of ORS 183.415, 183.450, 183.460 and
183.470. Persons other than students, faculty or staff may
voluntarily submit to the hearing procedures prescribed by the
board, and shall be bound by the results thereof. The powers
granted to the board by this section are supplemental to the
existing powers of the board with respect to the government of
activities of students, faculty and staff and the control and
management of property under its jurisdiction.
(3) The regulations enacted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and
a reasonable fee may be enacted for the cost of impoundment and
storage, if any, prior to the release of the vehicles to their
owners.
(4) All fees and charges for parking privileges and violations
are hereby continuously appropriated to the State Board of Higher
Education to be used to defray the costs of constructing bicycle
racks and bicycle lanes and of traffic control, enforcement of
traffic and parking regulations, and maintenance and operation of
parking facilities and for the purpose of acquiring and
constructing additional parking facilities for vehicles at the
various institutions, [{[-[department[-[} [{[+[departments[+[}
or activities under the control of the board, and may also be
credited to the Higher Education Bond Sinking Fund provided for
in ORS 351.460. Parking fees shall be established at levels no
greater than those required to finance the construction,
operation and maintenance of parking facilities on the same
campus [{[-[of the institution[-[} of the state institution of
higher education on which the parking is provided.
Notwithstanding ORS 351.072, parking fees or changes in fees
shall be adopted by rule of the state board subject to the
procedure for rules adopted in ORS 183.310 to 183.550.
(5) Every peace officer may enforce the regulations made by the
board under subsection (1) of this section. The board, for the
purpose of enforcing its rules and regulations governing traffic
control, may appoint peace officers who shall have the same
authority as other peace officers as defined in ORS 133.005.
(6) The State Board of Higher Education and any municipal
corporation or any department, agency or political subdivision of
this state may enter into agreements or contracts with each other
for the purpose of providing a uniform system of enforcement of
the rules and regulations of the board enacted pursuant to
subsection (1) of this section.
(7) In proceedings brought to enforce regulations enacted
pursuant to subsection (1) of this section, it shall be
sufficient to charge the defendant by an unsworn written notice
in accordance with the provisions of ORS 221.340. In any case in
which the defendant is not subject to and does not voluntarily
submit to the hearing procedures prescribed under subsection (2)
of this section, proceedings to enforce regulations enacted
pursuant to subsection (1) of this section shall be brought in
the name of the board in a district court, a justice court or a
city court for offenses committed within the territorial
jurisdiction of such court. Such courts shall have concurrent
jurisdiction over offenses committed within their respective
jurisdictions. All fines, penalties and court costs recovered
shall be paid to the clerk of the court involved and shall be
disposed of as provided in ORS 153.630.
[{[+[ NOTE:[+[} Corrects grammar; deletes redundant language.
SECTION 195. ORS 352.400 is amended to read:
352.400. Programs prepared under ORS 352.390 shall include
proposals for training students and utilizing resources in the
following, using the region in which the institute is located as
the training area:
(1) Developing specific resources on the campus where the
institute is to be located to assist with orderly and balanced
economic and community services and for the development and
implementation of training and assistance programs;
(2) Providing technical and research assistance on request to
political subdivisions, special districts, businesses located in
the region and businesses which might prospectively locate in the
region;
(3) Locating markets for local manufacturers and processors and
aiding local merchants in locating and contacting markets;
(4) Investigating and studying conditions affecting local
business, industry and commerce and collecting and disseminating
information, and engaging in technical studies, scientific
investigations, and statistical research and educational
activities necessary or useful for the promoting and developing
local business and industry upon request of local business and
industry for such aid;
(5) Assembling and coordinating information relative to the
status, scope, cost and employment possibilities and the
availability of materials, equipment and labor in connection with
public works projects, state, county and municipal; recommending
limitations on public works; gathering current progress
information with respect to public works being conducted in the
local area and report such information to the [{[+[Oregon[+[}
Economic Development Commission where such sources in the region
do not presently exist;
(6) Gathering, compiling and making available statistical
information relating to business, trade, commerce, industry,
transportation, communication, natural resources and other
related subjects in the region, with reliance on other agencies
of the state and the region, whether public or private, for
statistical data and results obtained by them;
(7) Publishing, disseminating and distributing information and
statistics acquired by the institute;
(8) Aiding the communities in the region in getting businesses
to locate therein by disseminating information as to natural
resources, desirable locations and other advantages of the
community upon request of the community for such aid;
(9) Cooperating with municipal, county, regional and other
planning agencies and planning groups within the state for the
purpose of promoting coordination between the state and
localities as to plans and development in order to maintain a
high level of gainful employment in private profitable production
and achieve commensurate advancement in social and cultural
welfare; and
(10) Aiding in coordinating the activities of statewide and
local planning agencies, correlating information secured from
them, assisting in problem solving and resolving state department
concerns on a regional level if appropriate, securing and
disseminating information and suggestions to such planning
agencies; and encouraging and assisting in the organization and
functioning of local planning agencies where none exist.
[{[+[ NOTE:[+[} Corrects name of commission.
SECTION 196. ORS 357.246 is amended to read:
357.246. (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 357.241. 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 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 [{[-[of chief
purpose[-[} [{[+[summarizing the measure and its major
effect[+[} in the ballot title shall not exceed 150 words. The
statement:
(A) Shall specify the method of election of board members from
among the methods described in ORS 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.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 197. ORS 357.525 is amended to read:
357.525. (1) A serial levy for any of the purposes stated in
ORS 357.410, 357.417 or 357.490 shall be submitted at an election
as provided in this section. The governing body of the local
government unit:
(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) The resolution or the petition calling the election under
this section shall state the purpose for which the funds are to
be expended, the period during which the proposed taxes are to be
levied and the amount to be levied each year, which amount shall
be uniform throughout the period of levy.
(3) Except as provided in subsections (4) and (5) of this
section, the requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition:
(a) In the case of a county, in ORS 250.165 to 250.235.
(b) In the case of a city, in ORS 250.265 to 250.346.
(c) In the case of any other local government unit, in ORS
255.135 to 255.205.
(4) If ORS 250.265 to 250.346 applies to a city, then
notwithstanding ORS 250.325, the city governing body shall submit
the serial levy question to the electors without first
considering its adoption or rejection.
(5) If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to
a county or if ORS 250.255 makes ORS 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 county or city
charter or an ordinance adopted under the county or city charter.
(6) The notice, time and manner of election shall be governed
by the applicable provisions of ORS [{[-[310.330 to 310.395[-[}
[{[+[310.310 to 310.404[+[} and:
(a) In the case of a county or city, ORS chapters 246 to 260.
(b) In the case of any other local government unit, ORS chapter
255.
(7) Upon approval by a majority of the electors voting at the
election, the taxing unit shall levy each year during the
approved period the amount so approved. The tax levy proceeds
shall be handled as provided by ORS 357.410 or 357.430, or as
otherwise provided by law.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 198. ORS 358.171 is amended to read:
358.171. (1) This section establishes the procedure for
determining whether a county historical fund should be created.
The question shall be decided by election. The governing body of
a county:
(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) An election under this section shall determine:
(a) Whether a county historical fund should be created; and
(b) The amount of taxes to be levied annually for the fund.
(3) The resolution or the petition calling an election under
this section shall designate the amount of taxes to be levied
annually for the county historical fund.
(4) The requirements for preparing, circulating and filing a
petition calling an election under this section shall be as
provided for an initiative petition in ORS 250.165 to 250.235.
(5) Notwithstanding subsection (4) of this section, if ORS
250.155 makes ORS 250.165 to 250.235 inapplicable to a county,
the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative
petition under the county charter or an ordinance adopted under
the county charter.
(6) The notice, time and manner of election shall be governed
by the applicable provisions of ORS chapters 246 to 260 and ORS
[{[-[310.330 to 310.395[-[} [{[+[310.310 to 310.404[+[}.
(7) An election under this section may be held only on the date
of a statewide general election.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 199. ORS 358.831 is amended to read:
358.831. (1) This section establishes the procedure for
submitting to election a tax levy for any of the purposes stated
in ORS 358.820. The governing body of a city:
(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) A petition filed under this section shall request
submission of the tax levy to the city electors.
(3) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition in ORS 250.265 to 250.346, except that
notwithstanding ORS 250.325 a city governing body shall submit
the tax levy question to the electors without first considering
its adoption or rejection.
(4) Notwithstanding subsection (3) of this section, if ORS
250.255 makes ORS 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) The notice, time and manner of election shall be governed
by the applicable provisions of ORS chapters 246 to 260 and ORS
[{[-[310.330 to 310.395[-[} [{[+[310.310 to 310.404[+[}.
(6) An election under this section shall be held only at the
time of a statewide general election.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 200. ORS 359.025 is amended to read:
359.025. The Oregon Arts Commission shall perform the following
duties:
(1) Serve as a body to advise governmental bodies and agencies
and private persons on the development and implementation of
state policies and programs relating to the arts and to assist in
the coordination of these activities.
(2) Advise the Governor, the Director of the Economic
Development Department and the [{[+[Oregon[+[} Economic
Development Commission on all matters relating to the arts that
pertain to the powers, duties and functions of the Arts Program
of the Economic Development Department.
(3) Develop a recommended biennial budget for the operation of
the division that will be submitted to the director and the
Governor.
(4) Seek and receive the views of all levels of government and
the private sector with respect to state programs and policies
for the promotion and assistance of the arts.
(5) Prepare and submit suggested administrative rules to the
director that the commission determines are necessary for the
operation of the programs of the Arts Program.
(6) Establish policy and procedures for grant programs
administered by the Arts Program.
[{[+[ NOTE:[+[} Corrects name of commission.
SECTION 201. ORS 366.155 is amended to read:
366.155. (1) [{[-[Under the direction of the director,[-[}
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 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 and
standard specifications for road projects that are provided under
this paragraph shall be provided without cost. 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.
(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.
[{[+[ NOTE:[+[} Clarifies reference to state agency.
SECTION 202. ORS 373.020 is amended to read:
373.020. (1) Complete jurisdiction and control of streets taken
over by the Department of Transportation as provided in
[{[-[this Act, as defined in ORS 366.005[-[} [{[+[ORS chapter
366 and ORS 105.760, 373.010, 373.015, 373.030 and this
section[+[}, is vested in the department and extends from curb to
curb, or, if there is no regular established curb, then such
control extends over such portion of the right of way as may be
utilized by the department for highway purposes. Responsibility
for and jurisdiction over all other portions of the street or
road remains in the city.
(2) All cities retain the right to grant the privilege to open
the surface of any such street or road, but all damage occasioned
thereby shall promptly be repaired by the city, either itself or
at its direction, and the responsibility for the cost thereof
shall be upon the city permitting the opening.
(3) Cities retain the exclusive right to grant franchises over,
beneath and upon any such street or road, and to control and
regulate such franchises and the utilization thereof, but the
department may utilize any storm sewers thereon or thereunder
without cost or charge therefor by the city.
(4) Nothing contained in [{[-[this Act, as defined in ORS
366.005[-[} [{[+[ORS chapter 366 and ORS 105.760, 373.010,
373.015, 373.030 and this section[+[}, relieves any public
utility or telecommunications utility from the maintenance and
repair of any street or portion thereof or the performance of any
other obligation required under any franchise granted to it by
any city.
[{[+[ NOTE:[+[} Substitutes ORS references.
SECTION 203. ORS 390.805 is amended to read:
390.805. As used in ORS 390.805 to 390.925, unless the context
requires otherwise:
(1) 'Department' means the State Parks and Recreation
Department.
(2) 'Scenic waterway' means Waldo Lake, [{[+[or a[+[} river or
segment of river that has been designated as such in accordance
with ORS 390.805 to 390.925 or any subsequent Act, and includes
related adjacent land.
(3) 'Related adjacent land' means all land within one-fourth of
one mile of the bank on the side of Waldo Lake, [{[+[or a[+[}
river or segment of river within a scenic waterway, except land
that, in the department's judgment, does not affect the view from
the waters within a scenic waterway.
(4) 'Scenic easement' means the right to control the use of
related adjacent land, including air space above such land, for
the purpose of protecting the scenic view from waters within a
scenic waterway; but such control does not affect, without the
owner's consent, any regular use exercised prior to the
acquisition of the easement, and the landowner retains the right
to uses of the land not specifically restricted by the easement.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 204. [{[+[ORS 401.537 and 401.539 are added to and made
a part of ORS 455.010 to 455.740.[+[}
[{[+[ NOTE:[+[} Clarifies statutory structure.
SECTION 205. [{[+[ORS 401.733 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provision.
SECTION 206. ORS 401.839 is amended to read:
401.839. (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 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 [{[-[of chief
purpose[-[} [{[+[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 401.836.
(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 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.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 207. ORS 409.620 is amended to read:
409.620. [{[-[(1)[-[} The office of the Director of the
Department of Human Resources shall prepare a service delivery
plan that, to the extent practicable, allows for variations to
reflect local priorities, as developed by local organizations,
such as the State Commission on Children and Families. The plan
shall include details on proposed administration, including who
is to administer each of the programs, grant distribution and
state guidelines for local grants. The plan also shall include
proposed expenditures for provider training.
[{[-[(2) If an interim committee on children's issues has been
appointed, the office of the Director of the Department of Human
Resources shall present the service delivery plan to that
committee prior to the September 1991 meeting of the Emergency
Board. The interim committee should review the implementation
plan, take public testimony and make its budget recommendations
to the Emergency Board at least one week prior to the Emergency
Board's meeting on this issue.[-[}
[{[-[(3) The office of the Director of the Department of Human
Resources shall present the service delivery plan to the
September 1991 meeting of the Emergency Board for approval of any
required adjustment in the department's budget.[-[}
[{[+[ NOTE:[+[} Deletes temporary language.
SECTION 208. [{[+[Nothing in the amendments to ORS 409.620 by
section 207 of this Act affects the provisions of section 53,
chapter 676, Oregon Laws 1993.[+[}
SECTION 209. ORS 414.730 is amended to read:
414.730. The commission shall establish a Subcommittee on
Mental Health Care and Chemical Dependency to assist the
commission in determining priorities for mental health care and
chemical dependency [{[-[that shall be reported to the
Sixty-sixth Legislative Assembly[-[} . The subcommittee shall
include mental health and chemical dependency professionals who
provide inpatient and outpatient mental health and chemical
dependency care.
[{[+[ NOTE:[+[} Deletes temporary language.
SECTION 210. ORS 416.010 is amended to read:
416.010. For purposes of ORS 416.010 to 416.260:
(1) 'Dependent' means any of those persons in addition to a
spouse:
(a) Whom the relative has a legal obligation to support;
(b) Who received chief support from the relative during the
preceding calendar year;
(c) Who is under 18 years of age, or is 18 years or over and is
regularly attending an institution of learning as a full-time
student, or is 18 years or over but is not self-supporting due to
a physical or mental handicap; and
(d) Who is under 18 years of age and whose gross income for the
preceding calendar year was $600 or less, or is 18 years of age
or over and whose gross income for the preceding calendar year
was $1,200 or less and who is regularly attending an institution
of learning as a full-time student.
(2) 'Gross annual income' means the adjusted gross income as
defined by the federal Internal Revenue Code of 1954, as amended,
as determined by the appropriate state or federal income tax
return filed for the subject year (or, if such return has not
been filed or is not available in the files of the Department of
Revenue, the return filed for the preceding year) plus any
nontaxable interest, excluded income, or exempt income not
included in the adjusted gross income of the relative, less the
amount paid by the responsible relative during the period covered
by such state income tax return for medical and hospital expenses
of the responsible relative, the spouse and those persons who are
listed as dependents of the responsible relative on such income
tax return, but amounts paid for such medical and hospital
expenses may be subtracted only to the extent that they were not
included as part of the monthly contributions required by ORS
416.061. A separate income tax return shall constitute prima
facie evidence of the gross income and number of dependents of
the individual making it; a joint income tax return of husband
and wife shall constitute prima facie evidence of the gross
income and number of dependents of the husband or wife, or both.
(3) A 'needy person' is one who is eligible for public
assistance under the laws of the state.
(4) 'Relative' [{[-[or 'relatives' mean[-[} [{[+[means[+[}
the living husband, wife, father, mother, son or daughter 21
years of age or over of an applicant for or a recipient of public
assistance.
(5) 'Total cost' means the total amount of public assistance of
any type furnished by the Adult and Family Services Division to a
recipient for a given period.
[{[+[ NOTE:[+[} Conforms language to ORS 174.110.
SECTION 211. ORS 417.815 is amended to read:
417.815. (1) The Children's Ombudsman shall be accessible
through the state toll-free telephone line established pursuant
to ORS 417.805 and shall:
(a) Initiate or participate in activities relating to
disseminating information on child sexual abuse detection,
prosecution, prevention and education.
(b) Cooperate with the Children's Services Division and law
enforcement officials in performing duties under ORS 418.747 to
418.749 [{[+[and 419B.005 to 419B.045[+[} when the investigation
involves alleged child sexual abuse.
(c) Assist the court appointed special advocate under ORS
[{[-[417.600 to 417.660 (1991 Edition)[-[} [{[+[419A.170[+[}
when the juvenile court proceedings involve a child sexual abuse
victim or a child as the alleged perpetrator of child sexual
abuse.
(d) Provide technical assistance in the development and
implementation of state and local programs that relate to child
sexual abuse.
(e) Collect and analyze data on child sexual abuse detection,
prosecution, prevention and education.
(2) If the Children's Ombudsman has knowledge of confidential
information relating to a child involved or allegedly involved in
child sexual abuse, such information shall remain confidential
from public disclosure. However, the ombudsman shall be subject
to legal mandates in ORS 418.747 to 418.749 [{[+[and 419B.005 to
419B.045[+[}.
[{[+[ NOTE:[+[} Includes ORS references from 1993 restructuring
of juvenile code.
SECTION 212. ORS 418.030 is amended to read:
418.030. The Children's Services Division 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. [{[-[The Children's Services
Division is to report to the Fifty-ninth Legislative Assembly the
results of their studies and surveys on the prevention, control
and treatment of juvenile delinquency.[-[}
[{[+[ NOTE:[+[} Deletes temporary language.
SECTION 213. ORS 418.312 is amended to read:
418.312. (1) The Children's Services Division of the Department
of Human Resources shall not require any parent or legal guardian
to transfer legal custody of a child in order to have the child
placed under ORS 418.205 to 418.310, 418.480 to 418.500 and
418.992 to 418.998 in a foster home, group home or institutional
child care setting, when the sole reason for the placement is the
need to obtain services for the child's emotional, behavioral or
mental disorder or developmental or physical disability. In all
such cases, the child shall be placed pursuant to a voluntary
placement agreement. When a child is placed pursuant to a
voluntary placement agreement, the Children's Services Division
shall have responsibility for the child's placement and care.
When a child remains in voluntary placement for more than 180
days, the juvenile court shall make a judicial determination,
within the first 180 days of the placement, that the placement is
in the best interests of the child. In addition, the juvenile
court shall hold a dispositional hearing no later than 18 months
after the original voluntary placement, and every two years
thereafter during the continuation of the placement, to determine
the future status of the child.
(2) As used in this section, 'voluntary placement agreement'
means a binding, written agreement between the Children's
Services Division and the parent or legal guardian of a minor
child [{[-[, in which legal custody does not transfer to the
Children's Services Division but[-[} [{[+[that does not transfer
legal custody to the Children's Services Division but that
[+[}specifies, at a minimum, the legal status of the child and
the rights and obligations of the parent or legal guardian, the
child and the Children's Services Division while the child is in
placement.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 214. ORS 419A.200 is amended to read:
419A.200. (1) Except as provided in ORS 419A.190, any person
whose [{[-[right[-[} [{[+[rights[+[} or duties are adversely
affected by a final order of the juvenile court may appeal
therefrom. An appeal from a circuit court shall be taken to the
Court of Appeals, and an appeal from a county court shall be
taken to the circuit court.
(2) If the proceeding is in the circuit court and no record of
the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's order, shall grant a
rehearing and shall direct that a record of the proceedings be
kept. However, the court shall not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child affected
by such case. If a rehearing is held, the time for taking an
appeal shall run from the date of entry of the court's order
after the rehearing.
(3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.029, to be served:
(A) On all parties who have appeared in the proceeding;
(B) On the clerk of the juvenile court; and
(C) On the juvenile court reporter, if a transcript is
designated in connection with the appeal.
(b) The original of the notice with proof of service shall be
filed with:
(A) The Court of Appeals if the appeal is from a circuit court;
or
(B) The circuit court if the appeal is from a county court.
(c) The notice shall be filed not later than 30 days after the
entry of the court's order. On appeal from the county court, the
circuit court shall hear the matter de novo and its order shall
be appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
(4)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, if the person was
not represented by counsel in the proceeding from which the
appeal is being taken, the appellate court shall grant the person
leave to file a notice of appeal after the time limits described
in subsection (3) of this section if the person shows a colorable
claim of error in the proceeding from which the appeal is taken.
(b) A person other than the state shall not be entitled to
relief under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to subsection (7) of
this section.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section shall be
filed no later than 90 days after entry of the order being
appealed and shall be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and shall be deemed filed on the date of mailing if
the request is mailed as provided in ORS 19.028.
(d) The court shall not grant relief under this subsection
unless the state has notice and opportunity to respond to the
person's request for relief.
(5) An appeal to the Court of Appeals shall be conducted in the
same manner as an appeal in an equity suit and shall be advanced
on the court's docket in the same manner as appeals in criminal
cases.
(6) Except as provided in subsection (8) of this section or
when otherwise ordered by the appellate court, the filing of an
appeal does not suspend the order of the juvenile court nor
discharge the child from the custody of the person, institution
or agency in whose custody the child may have been placed, nor
preclude the trial court after notice and hearing from entering
such further orders relating to the child's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order appealed from.
Certified copies of any such order shall be filed by the clerk of
the juvenile court forthwith with the Court of Appeals.
(7) In a juvenile proceeding, the state may take an appeal from
the order of a judge or referee from:
(a) An order made prior to an adjudicatory hearing dismissing
or setting aside a delinquency petition;
(b) An order made after an adjudicatory hearing in which the
juvenile is found to be within the jurisdiction of the court,
setting aside the petition for delinquency;
(c) An order made prior to an adjudicatory hearing suppressing
or limiting evidence or refusing to suppress or limit evidence;
or
(d) An order made prior to an adjudicatory hearing for the
return or restoration of things seized.
(8) If the state pursuant to subsection (7) of this section
appeals a preadjudicatory order, and the child is in detention in
the same proceeding pursuant to ORS 419C.109, 419C.136, 419C.139,
419C.170 and 419C.173, the juvenile court shall consider release
of the child from detention during the pendency of the appeal in
accordance with the following provisions:
(a) When the child is charged with an act which would be murder
if committed by an adult, release shall be denied when the proof
is evident or the presumption strong that the child committed the
act.
(b) The child shall be released upon the child's personal
recognizance unless release criteria show to the satisfaction of
the juvenile court that the child would not be likely to appear
before the court as ordered upon later appearance dates and that
such a release is therefore unwarranted. Release criteria shall
include the following:
(A) The child's education and employment status and history and
financial condition;
(B) The nature and extent of the child's family relationships;
(C) The child's past and present residences;
(D) Identification of persons who agree to assist the child in
attending court at the proper time;
(E) The nature of the current petition;
(F) The child's juvenile record, if any, and, if the child has
previously been released pending trial, whether the child
appeared as required;
(G) Any facts indicating the possibility of violations of law
if the child is released without restrictions;
(H) Any facts tending to indicate that the child has strong
ties to the community; and
(I) Any other facts tending to indicate the likelihood of the
child's appearing before the court as ordered upon later
appearance dates.
(c) If the court finds that release of the child on the child's
personal recognizance is unwarranted, it shall order conditional
release. The court may impose upon the released child one or more
of the following conditions, but shall impose the least onerous
condition reasonably likely to assure the child's later
appearance:
(A) Release of the child into the care of a parent or other
responsible person or organization for supervising the child and
assisting the child in appearing in court. The supervisor shall
notify the court immediately in the event that the child breaches
the terms of the conditional release.
(B) Reasonable restrictions on the activities, movements,
associations and residences of the child.
(C) Any other reasonable restriction designed to assure the
child's appearance.
(9) If the child, parent or guardian is shown to be without
sufficient financial means to employ suitable counsel possessing
skills and experience commensurate with the nature and complexity
of the case to represent the person in an appeal as provided in
subsections (1) to (8) of this section, the court, upon request
of the person or upon its own motion, shall appoint suitable
counsel to represent the person. Counsel appointed by the court
shall be paid compensation determined by the appellate court as
provided in ORS 135.055 if the circuit court is the appellate
court or as provided in ORS 138.500 if the Court of Appeals or
Supreme Court is the appellate court.
(10) Where the court appoints counsel to represent the child,
it may require the parent, if able, or guardian of the estate, if
the estate is able, to pay compensation for counsel and costs and
expenses necessary to the appeal. The test of the parent's or
estate's ability to pay such compensation, costs and expenses
shall be the same test as applied to appointment of counsel for
defendants under ORS 135.050. The court's order of payment shall
be enforceable in the same manner as an order of support under
ORS 419B.408 and 419C.600.
(11) Where the court appoints counsel and the child, parent or
guardian is without sufficient financial means to employ counsel,
the compensation for counsel and costs and expenses necessary to
the appeal shall be allowed and paid as provided in ORS 135.055
if the circuit court is the appellate court or as provided in ORS
138.500 if the Court of Appeals or Supreme Court is the appellate
court.
(12) The district attorney or Attorney General shall represent
the state in the appeal.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 215. [{[+[ORS 419A.295 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provision.
SECTION 216. ORS 419C.367 is amended to read:
419C.367. The juvenile court may at any time direct that the
subsequent order entered under ORS 419C.364 [{[-[shall[-[} be
vacated or that a pending case be waived to the juvenile court
for further proceedings. The court may make such a direction on
any case but shall do so and require a pending case to be waived
to the juvenile court if it cannot support the finding required
under ORS 419C.355. The juvenile court shall direct that the
subsequent order entered under ORS 419C.364 shall be vacated when
the child is not convicted in the waived case that preceded the
order under ORS 419C.364.
[{[+[ NOTE:[+[} Provides parallel structure.
SECTION 217. ORS 420.074 is amended to read:
420.074. Students of a juvenile training school while
temporarily employed under the provisions of ORS 420.060 to
420.074 are entitled to the protection and benefits of ORS
chapters 652, 654 and 656 to the same extent as other employees
of their employer under 21, except that:
(1) Payment of wages by an employer of a student directly to
the superintendent as provided by ORS 420.065 (2) shall not be
deemed in violation of ORS chapter 652;[{[+[ and[+[}
(2) Compensation paid under ORS chapter 656 that is not
expended on medical services shall be treated in the same manner
as the student's earnings under ORS 420.065, so long as the
student remains in the legal custody of the juvenile training
school or youth care center.
[{[+[ NOTE:[+[} Adds connecting word.
SECTION 218. ORS 423.525 is amended to read:
423.525. (1) A county may apply to the Director of the
Department of Corrections in a manner and form prescribed by the
director for financial aid made available under ORS 423.500 to
423.560. The application shall include a community corrections
plan. The director shall provide consultation and technical
assistance to counties to aid in the development and
implementation of community corrections plans.
(2) The director, with the advice of the Community Corrections
Advisory Board, shall adopt rules prescribing minimum standards
for the establishment, operation and evaluation of community
corrections under a community corrections plan and other rules as
may be necessary for the administration and implementation of ORS
423.500 to 423.560. The standards shall be sufficiently flexible
to foster the development of new and improved supervision or
rehabilitative practices.
(3) All community corrections plans shall comply with rules
adopted pursuant to ORS 423.500 to 423.560, and shall include but
need not be limited to:
(a) Proposals for correctional programs that demonstrate the
need for the program, its purpose, objective, administrative
structure, staffing, staff training, proposed budget, evaluation
process, degree of community involvement, client participation
and duration of the program;
(b) A provision that the correctional program shall be
available only to misdemeanants, to parolees, to probationers, to
offenders on post-prison supervision and to persons convicted of
[{[+[ crimes[+[} other than murder, treason or Class A felonies;
(c) The location and description of facilities that will be
used by the county pursuant to ORS 423.500 to 423.560, including
but not limited to halfway houses, work release centers and
jails;
(d) The manner that probation, parole, post-prison supervision
and other correctional services will be provided. Consideration
shall be given to contracting with proven private correctional
agencies;
(e) The manner in which counties that jointly apply for
participation under ORS 423.500 to 423.560 will operate a
coordinated community corrections program;
(f) Correctional services that will be made available to
persons who are confined in local correctional facilities;
(g) The manner in which the local corrections advisory
committee will participate in community corrections; and
(h) The projected field population of parolees, probationers
and offenders on post-prison supervision.
(4) All community corrections plans shall provide that an
adequate amount of the financial aid received under ORS 423.500
to 423.560 shall be used for staff training and that an adequate
amount of the financial aid shall be used for evaluation of
county correctional programs. The plan shall specify the manner
in which these requirements shall be met.
(5) All community corrections plans shall designate a community
corrections manager of the county and shall provide that the
administration of community corrections under ORS 423.500 to
423.560 shall be under such manager.
(6) No amendment to or modification of an approved community
corrections plan shall be placed in effect without prior approval
of the director.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 219. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements which may be
established by rule by the Mental Health and Developmental
Disability Services Division, each community mental health and
developmental disabilities program shall provide the following
basic services to persons with mental retardation and
developmental disabilities and alcohol abuse, alcoholism, drug
abuse and drug dependence:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public; and
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation and developmental disabilities
and alcohol abuse, alcoholism, drug abuse and drug dependence.
(2) As alternatives to state hospitalization, it shall be the
responsibility of the community mental health and developmental
disabilities program to insure that, subject to the availability
of funds, the following services for the mentally retarded and
developmentally disabled, alcohol abuser, alcoholic, drug abuser
and drug-dependent persons are available when needed and approved
by the Mental Health and Developmental Disability Services
Division:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the division.
(3) In addition to any other requirements which may be
established by rule of the division, each community mental health
and developmental disabilities program, subject to the
availability of funds, shall provide or assure the provision of
the following services to persons with mental or emotional
disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons suffering
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the division for persons involved in
involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section [{[-[and ORS
430.700[-[} ;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies; and
(L)(A) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children.
(B) As used in this subsection:
(i) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(ii) 'Early intervention services' for children at risk of
later development of emotional disturbance means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(iii) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health and developmental disabilities
program shall assume responsibility for psychiatric care in state
and community hospitals, as provided in subsection (3)(e) of this
section [{[-[and as consistent with ORS 430.700[-[} , in the
following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a court
committed mentally ill person has been conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the division has
approved the hospital for the care of mentally or emotionally
disturbed persons, the community mental health and developmental
disabilities program has a contract with the hospital for the
psychiatric care of residents and a representative of the program
approves voluntary or involuntary admissions to the hospital
prior to admission.
(5) Subject to the review and approval of the division, a
community mental health and developmental disabilities program
may initiate additional services after the services defined in
this section are provided.
(6) Each community mental health and developmental disabilities
program and the state hospital serving the program's geographic
area shall enter into a written agreement concerning the policies
and procedures to be followed by the program and the hospital
when a patient is admitted to, and discharged from, the hospital
and during the period of hospitalization.
(7) Each community mental health and developmental disabilities
program shall submit a biennial plan, budget information and
progress report documenting needs and conformance with the
requirements of this section and shall maintain records and
submit other data, including the evaluation data described in ORS
430.665, as required by the division.
(8) Each community mental health and developmental disabilities
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
(9) A community mental health and developmental disabilities
program may request and the division may grant a waiver regarding
provision of one or more of the services described in subsection
(3) of this section upon a showing by the county and a
determination by the division that mentally or emotionally
disturbed persons in that county would be better served and
unnecessary institutionalization avoided.
(10) Each community mental health and developmental
disabilities program shall cooperate fully with the Governor's
Council on Alcohol and Drug Abuse Programs in the performance of
its duties.
[{[+[ NOTE:[+[} Reflects repeal of ORS 430.700.
SECTION 220. [{[+[ORS 430.700 is repealed.[+[} [{[-[
[{[-[[-[} [{[+[ NOTE:[+[} Deletes obsolete provision.
SECTION 221. ORS 432.420 is amended to read:
432.420. The documents sealed under ORS 432.415 may be opened
by the State Registrar only upon an order of a court of competent
jurisdiction or when requested by an agency operating a voluntary
adoption registry as defined in ORS 109.425 for the purpose of
facilitating the identification of persons registering under the
provisions of ORS 109.425 and 109.435 to 109.507 [{[-[and
109.990 (3)[-[} .
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 222. ORS 435.080 is amended to read:
435.080. The State Board of Pharmacy shall prepare, print and
distribute rules and regulations not inconsistent with law, for
the conduct of proceedings for the issue, enforcement and
revocation of the [{[-[license[-[} [{[+[licenses[+[} provided
in ORS 435.010 to 435.130.
[{[+[ NOTE:[+[} Reflects both types of licenses issued by State
Board of Pharmacy.
SECTION 223. ORS 446.322 is amended to read:
446.322. Upon receipt of a completed application on [{[-[an
agency[-[} [{[+[a Health Division[+[} form, required fee, and
after representation by the applicant that the facility is in
compliance with the provisions of ORS 446.310 to 446.350, and the
rules adopted pursuant thereto, and the requirements of the
Department of Consumer and Business Services, the
[{[-[director[-[} [{[+[Health Division[+[} shall issue a
license, unless there is reason to believe noncompliance exists.
[{[+[ NOTE:[+[} Clarifies reference to state agency.
SECTION 224. ORS 450.280 is amended to read:
450.280. (1) The State Treasurer may purchase from a district
at private sale sewerage system bonds bearing interest at a rate
agreed upon by the State Treasurer and the district. The bonds
shall qualify for investment by the state only if the sewer
connection charges and revenues of the sewerage system of the
issuing district, after the payment of operation and maintenance
expenses, are pledged wholly to the payment of the principal of
and interest upon the bonds, and the issuing district shall
covenant to levy ad valorem taxes upon all of the taxable
property within its boundaries to meet deficiencies in the
charges and revenues pledged, and only if the combined
indebtedness for all public purposes, other than state or
federal, within the boundaries of the district, including the
proposed sewerage system indebtedness, but excluding obligations
issued for other utilities that are self-supporting or
self-liquidating or are approximately so, does not exceed 25
percent of the total real market value of all taxable property
within the district as reflected in the
[{[-[assessment[-[} [{[+[last[+[} roll [{[+[certified under ORS
311.105[+[} [{[-[last equalized[-[} . The limitation shall apply
only to districts that finance the costs of their sewerage
systems under ORS 450.250 to 450.300. The limitation shall
include the ratios of indebtedness to the total valuation,
determined in like manner, of other subdivisions that overlap the
district to an extent of more than 50 percent of the total value
of the district. Indebtedness within the 25 percent limitation
may be incurred by a district if approved by the electors of the
district at an election called and held for that purpose.
Notwithstanding that revenues may have been pledged to the
payment of the principal of and the interest upon a particular
issue of general obligation bonds owned by the state, the same
revenues, with the approval of the State Treasurer, may be
pledged to the payment of the principal of and the interest on
additional issues of bonds purchased by the state from the
district. The additional issues shall be on a parity with
previous issues as to the pledge of charges and revenues. In
order to complete the financing of a sewerage system, after bonds
payable as to principal and interest from revenues and ad valorem
taxation have been issued, the State Treasurer may purchase
issues of general obligation sewerage system bonds of districts,
payable only from ad valorem property taxes, provided such
issues, together with other obligations of the district, do not
exceed the debt limits specified in this section.
(2) All bonds heretofore issued under authority of ORS 450.250
to 450.300 and sold to the state, and the proceedings under which
they were issued, are approved, validated, ratified, and
confirmed, and the bonds are the valid and legally binding
general obligations of the issuing district.
[{[+[ NOTE:[+[} Adapts language to conform to current
constitutionally and statutorily mandated procedures.
SECTION 225. ORS 450.885 is amended to read:
450.885. (1) The authority may, annually as provided in this
section:
(a) Levy a tax on all the property in the authority to provide
funds with which to pay expenses of the authority and pay general
obligation bonds of the authority which expenses and bonds are
not chargeable under ORS 450.600 to 450.989 to any particular
area in the authority.
(b) Levy an additional tax on the property in any particular
area within the authority to provide funds with which to pay any
part of the principal and interest on general obligation bonds
which are to be paid by such area where sewer service charges or
assessments will not be sufficient to pay such principal and
interest.
(2) Assessment and collection of taxes levied on property
within the authority shall be made by the county officers charged
with assessment and collection of other property taxes in the
county in which the property lies.
(3) Each year, immediately after the necessary records are
made, the county assessor of each county in which the authority
is situated shall transmit to the board a statement in writing,
showing the total value of all property within the authority and
within each area within the authority which is subject to levy
under subsection (1)(b) of this section as ascertained for that
year from the assessment rolls of each county in which property
of the authority lies [{[-[, as equalized and corrected by the
county board of equalization[-[} .
(4) The board shall prepare a budget in the form, manner and
time prescribed in the Local Budget Law and in accordance
therewith fix the amount of money to be raised by taxation for
carrying out its functions and activities and for the payment of
the principal and interest of outstanding indebtedness of the
authority which will become due during the year. The board shall
determine the amount of taxes to be raised from the entire
authority and the additional amount to be raised from each of the
areas within the authority which are directly benefited by
particular installations.
(5) The board shall, in the manner and time prescribed by law,
transmit to the county assessor of each county a statement of
taxes which are to be collected in such county. If the board
fails to levy taxes under this section sufficient to pay the
interest on and the maturing principal of all outstanding general
obligation bonds of the entire authority or on property in areas
which are primarily obligated to pay the bonds, the governing
body of the counties in which the authority is situated shall
cause such taxes to be levied, extended and collected and, if
necessary, cause a tax on all the property in the authority to be
levied, extended and collected to pay general obligation bonds of
the authority. However, any levy against all property in the
authority under this subsection shall not alter or limit the
obligation of the area primarily obligated on the bonds as
between such area and the authority.
[{[+[ NOTE:[+[} Deletes language to conform to current
constitutionally and statutorily mandated procedures.
SECTION 226. ORS 450.900 is amended to read:
450.900. (1) Before issuing any bonds under ORS 450.895, the
board at a regular meeting shall call an election and submit to
the electors of the authority the question whether bonds of the
authority, either general obligation, revenue, or a combination
of both, shall be issued and sold to raise money for the
construction of sewage treatment plants or trunk or lateral
sewers or drains for any area or areas within the authority.
(2) The order calling a bond election shall be signed by not
less than four members of the board and may submit to the
electors as one proposal the question of issuing bonds to finance
one or more sewage treatment plants or trunk or lateral sewers or
drains; or the order may submit as separate questions the
issuance of bonds for any sewage treatment plants or trunk or
lateral sewers or drains in such combinations as the order may
direct.
(3) The authority's total outstanding bonds of all kinds,
including improvement bonds of the kind authorized by ORS 223.205
and 223.210 to 223.295, and revenue bonds shall at no time exceed
in the aggregate 13 percent of the real market value of all
property by law assessable for state and county purposes within
the authority as reflected in the [{[-[assessment[-[}
[{[+[last[+[} roll [{[+[certified under ORS 311.105[+[}
[{[-[last equalized[-[} .
[{[+[ NOTE:[+[} Adapts language to conform to current
constitutionally and statutorily mandated procedures.
SECTION 227. ORS 451.545 is amended to read:
451.545. (1) The district may, when authorized by a majority of
the votes cast at an election by electors of the district, issue
general obligation bonds for the purpose of paying the cost of
acquisition or construction of service facilities. Each issue of
general obligation bonds shall be the general obligation of the
district and the principal and interest on the bonds shall be
paid by the district by assessments, charges, or ad valorem taxes
imposed or levied within the district as may be determined by the
governing body of the district under ORS 451.490. Bonds
authorized by this section shall be issued in accordance with ORS
287.052 to 287.074, except as otherwise provided in this section.
(2) In addition to the authority to issue general obligation
bonds, the district, when authorized at any properly called
election, shall have the power to sell and dispose of revenue
bonds, and to pledge as security for the bonds all or any part of
the unobligated net revenue of the district to purchase, acquire,
lay out, construct, reconstruct, extend, enlarge or improve
service facilities. The revenue bonds shall be issued in the same
manner and form as are general obligation bonds of the district,
but they are payable, both as to principal and interest from
revenues only, as specified by this section. The revenue bonds
are not subject to the percentage limitation applicable to
general obligation bonds and are not a lien upon any of the
taxable property within the boundaries of such district, but are
payable solely from such part of the revenues of the district as
remain after payment of obligations having a priority and of all
expenses of operation and maintenance of the district. All
revenue bonds shall contain a clause reciting that both the
principal and interest are payable solely from operating revenues
of the district remaining after paying such obligations and
expenses.
(3) The district's total outstanding bonds of all kinds,
including improvement bonds of the kind authorized by ORS 223.205
and 223.210 to 223.295, shall at no time exceed in the aggregate
13 percent of the real market value of all property by law
assessable for state and county purposes within the district as
reflected in the [{[-[assessment[-[} [{[+[last[+[} roll
[{[+[certified under ORS 311.105[+[} [{[-[last equalized[-[} .
[{[+[ NOTE:[+[} Adapts language to conform to current
constitutionally and statutorily mandated procedures.
SECTION 228. ORS 454.225 is amended to read:
454.225. The governing body of the municipality may establish
just and equitable rates or charges to be paid for the use of the
disposal system by each person, firm or corporation whose
premises are served thereby, or upon subsequent service thereto.
If the service charges so established are not paid when due, the
amounts thereof, together with such penalties, interests and
costs as may be provided by the governing body of the
municipality may be recovered in an action at law, or if the
municipality does not have the ability to collect sewerage
disposal charges in connection with or as part of the charge for
another service or utility that can be curtailed to secure
collection, the [{[-[change[-[} [{[+[ charge[+[} may be
certified and presented after July 15 and on or before the
following July 15 to the tax assessor of the county in which the
municipality is situated and be by the assessor assessed against
the premises serviced on the next assessment and tax roll
prepared after July 15. Once the service charges are certified
and presented to the assessor, the payment for the service
charges must be made to the tax collector pursuant to ORS
311.370. Such payment shall be made by the person responsible for
the delinquent service charge or by the municipality who has
received payment for the delinquent service charge. These charges
shall thereupon be collected and paid over in the same manner as
other taxes are certified, assessed, collected and paid over.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 229. ORS 455.447 is amended to read:
455.447. (1) As used in this section, unless the context
requires otherwise:
(a) 'Essential facility' means:
(A) Hospitals and other medical facilities having surgery and
emergency treatment areas;
(B) Fire and police stations;
(C) Tanks or other structures containing, housing or supporting
water or fire-suppression materials or equipment required for the
protection of essential or hazardous facilities or special
occupancy structures;
(D) Emergency vehicle shelters and garages;
(E) Structures and equipment in emergency-preparedness centers;
(F) Standby power generating equipment for essential
facilities; and
(G) Structures and equipment in government communication
centers and other facilities required for emergency response.
(b) 'Hazardous facility' means structures housing, supporting
or containing sufficient quantities of toxic or explosive
substances to be of danger to the safety of the public if
released.
(c) 'Major structure' means a building over six stories in
height with an aggregate floor area of 60,000 square feet or
more, every building over 10 stories in height and parking
structures as determined by Department of Consumer and Business
Services rule.
(d) 'Seismic hazard' means a geologic condition that is a
potential danger to life and property which includes but is not
limited to earthquake, landslide, liquefaction, Tsunami flooding,
fault displacement, and subsidence.
(e) 'Special occupancy structure' means:
(A) Covered structures whose primary occupancy is public
assembly with a capacity greater than 300 persons;
(B) Buildings for every public, private or parochial school
through secondary level or day care centers with a capacity
greater than 250 individuals;
(C) Buildings for colleges or adult education schools with a
capacity greater than 500 persons;
(D) Medical facilities with 50 or more resident, incapacitated
patients not included in subparagraphs (A) to (C) of this
paragraph;
(E) Jails and detention facilities; and
(F) All structures and occupancies with a capacity greater than
5,000 persons.
(2) The Department of Consumer and Business Services shall
consult with the [{[+[Seismic Safety Policy Advisory[+[}
Commission and the State Department of Geology and Mineral
Industries prior to adopting rules. Thereafter, the Department of
Consumer and Business Services may adopt rules as set forth in
ORS 183.325 to 183.410 to amend the state building code to:
(a) Require new building sites for essential facilities,
hazardous facilities, major structures and special occupancy
structures to be evaluated on a site specific basis for
vulnerability to seismic geologic hazards.
(b) Require a program for the installation of strong motions
accelerographs in or near selected major buildings.
(c) Provide for the review of geologic and engineering reports
for seismic design of new buildings of large size, high occupancy
or critical use.
(d) Provide for filing of noninterpretive seismic data from
site evaluation in a manner accessible to the public.
(3) For the purpose of defraying the cost of applying the
regulations in subsection (2) of this section, there is hereby
imposed a surcharge in the amount of one percent of the total
fees collected under the structural and mechanical specialty
codes for essential facilities, hazardous facilities, major
structures and special occupancy structures, which fees shall be
retained by the jurisdiction enforcing the particular specialty
code as provided in ORS 455.150.
[{[+[ NOTE:[+[} Clarifies name of commission.
SECTION 230. ORS 455.770 is amended to read:
455.770. (1) In addition to any other authority and power
granted to the Director of the Department of Consumer and
Business Services under this chapter and ORS chapters 446, 447,
460, 479 and 480, with respect to municipalities, building
officials and inspectors, if the director has reason to believe
that there is a failure to enforce or a violation of any
provision of this chapter or ORS chapter 446, 447, 460 or 479 or
any rule adopted thereunder, the director may:
(a) Examine building code activities of the municipality;
(b) Take sworn testimony; and
(c) With the authorization of the Office of the Attorney
General, subpoena persons and records to obtain testimony on
official actions that were taken or omitted or to obtain
documents otherwise subject to public inspection under ORS
192.410 to
[{[-[192.595[-[} [{[+[192.505[+[}.
(2) The investigative authority authorized in subsection (1) of
this section covers the violation or omission by a municipality
related to enforcement of codes or administrative rules,
certification of inspectors or financial transactions dealing
with permit fees and surcharges under any of the following
circumstances when:
(a) The duties are clearly established by law, rule or
agreement;
(b) The duty involves procedures for which the means and
methods are clearly established by law, rule or agreement; or
(c) The duty is described by clear performance standards.
(3) Prior to starting an investigation under subsection (1) of
this section, the director shall notify the municipality in
writing setting forth the allegation and the rules or statutes
pertaining to the allegation and give the municipality 30 days to
respond to the allegation. If the municipality does not satisfy
the director's concerns, the director may then commence an
investigation.
(4) If the Department of Consumer and Business Services directs
corrective action the following shall be done:
(a) The corrective action shall be in writing and served on the
building official and the chief executive officers of all
municipalities affected;
(b) The corrective action shall identify the facts and law
relied upon for the required action; and
(c) A reasonable time shall be provided to the municipality for
compliance.
(5) The director may revoke any authority of the municipality
to administer any part of this chapter or ORS chapter 446, 447,
460 or 479 or any rule adopted thereunder if the director
determines after a hearing conducted under ORS 183.413 to 183.497
that:
(a) All of the requirements of ORS 455.770, 455.775 and 455.895
were met; and
(b) The municipality did not comply with the corrective action
required.
(6) Nothing in ORS 455.775 or 455.895 shall be construed to
grant any authority over a municipality or inspector employed by
a municipality.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 231. [{[+[ORS 456.005 is added to and made a part of
ORS chapter 456.[+[}
[{[+[ NOTE:[+[} Clarifies ORS chapter reference.
SECTION 232. [{[+[ORS 456.055, 456.060, 456.065, 456.070,
456.075, 456.080, 456.085, 456.090, 456.095, 456.100, 456.105,
456.110, 456.115, 456.120, 456.122, 456.125, 456.130, 456.135,
456.140, 456.145, 456.150, 456.155, 456.160, 456.165, 456.170,
456.175, 456.180, 456.185, 456.190, 456.200, 456.202, 456.205,
456.210, 456.215, 456.220, 456.225, 456.230, 456.233 and 456.235
are added to and made a part of ORS 456.055 to 456.235.[+[}
[{[+[ NOTE:[+[} Clarifies series reference.
SECTION 233. [{[+[ORS 456.515, 456.519, 456.530, 456.535,
456.539, 456.541, 456.543 and 456.547 are added to and made a
part of ORS 456.515 to 456.725.[+[}
[{[+[ NOTE:[+[} Clarifies series reference.
SECTION 234. [{[+[ORS 456.550, 456.555, 456.559, 456.565,
456.567, 456.571, 456.572, 456.574, 456.578, 456.579, 456.581,
456.582, 456.589, 456.593, 456.605, 456.615, 456.620, 456.625,
456.627, 456.630, 456.635, 456.640, 456.645, 456.650, 456.655,
456.661, 456.665, 456.670, 456.675, 456.680, 456.685, 456.690,
456.695, 456.700, 456.705, 456.710, 456.715, 456.717, 456.720,
456.723 and 456.725 are added to and made a part of ORS 456.550
to 456.725.[+[}
[{[+[ NOTE:[+[} Clarifies series reference.
SECTION 235. ORS 456.005 is amended to read:
456.005. As used in ORS [{[-[456.005 to 456.720[-[}
[{[+[chapters 456 and 458[+[}:
(1) 'Authority' or 'housing authority' means any public
corporation created under ORS [{[-[456.075 to 456.090[-[}
[{[+[456.055 to 456.235[+[}.
(2) 'Federal Government' includes the United States of America
and any agency or instrumentality, corporate or otherwise, of the
United States of America.
(3) 'Housing Authorities Law' means ORS 456.055 to
[{[-[456.230[-[} [{[+[456.235[+[}.
[{[+[ NOTE:[+[} Clarifies applicability of definitions;
corrects series references.
SECTION 236. ORS 456.065 is amended to read:
456.065. (1) As used in the Housing Authorities Law, unless the
context requires otherwise, 'housing project' means any work or
undertaking:
(a) To demolish, clear or remove buildings from any slum area.
Such work or undertaking may embrace the adaptation of such area
to public purposes, including housing, parks, community services
facilities or other recreational, educational, cultural or
community purposes.
(b) To provide decent, safe and sanitary urban or rural
dwellings, apartments or other living accommodations for persons
or families of lower income. Such work or undertaking may include
buildings, land, equipment, facilities and other real or personal
property for necessary, convenient or desirable appurtenances,
streets, sewers, water service and other utilities, parks, site
preparation, gardening, administrative, community services,
health, recreational, educational, welfare or other purposes
authorized under ORS 456.055 to [{[-[456.230[-[}
[{[+[456.235[+[}.
(c) To provide community services facilities for the benefit of
the health, recreation, education, culture and welfare of the
entire community, without regard to the economic status of the
persons or families which may utilize them. Community services
facilities may include, but not be limited to, all necessary real
or personal property, buildings and grounds together with all
necessary, convenient or desirable appurtenances, streets,
sewers, water service and other utilities, parks and gardens.
(d) To accomplish a combination of the projects listed in
paragraphs (a), (b) and (c) of this subsection, but it may also
be applied to the planning of the buildings and improvements, the
acquisition of property, the demolition of existing structures,
the construction, reconstruction, alteration and repair of the
improvements and all other work in connection therewith.
(e) To provide management, administration and contract services
between the housing authority or other qualified housing sponsor
and owners of decent, safe and sanitary housing for the purpose
of providing housing assistance payments to owners on behalf of
eligible families.
(2) For purposes of this section, 'community services ' means
services provided by public or private nonprofit organizations or
service agencies that may include, but are not limited to, child
care, early childhood education, health, human resources,
information and referral services, basic life skills and adult
literacy classes, support services designed to improve
self-sufficiency, and recreational programs.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 237. ORS 456.120 is amended to read:
456.120. An authority shall constitute a public body corporate
and politic, exercising public and essential governmental
functions, and having all the powers necessary or convenient to
carry out and effectuate the purposes of the Housing Authorities
Law. These powers shall be vested in the commissioners of the
authority and shall include the following in addition to others
granted in the Housing Authorities Law:
(1) To sue and be sued.
(2) To have a seal and to alter the same at pleasure.
(3) To have perpetual succession.
(4) To make and execute contracts and other instruments
necessary or convenient to the exercise of the powers of the
authority.
(5) To make and from time to time amend and repeal bylaws,
rules and regulations, not inconsistent with the Housing
Authorities Law, to carry into effect the powers and purposes of
the authority.
(6) To arrange or contract for the furnishing by any person or
agency, public or private, of services, privileges, works or
facilities for, or in connection with, a housing project or the
occupants thereof.
(7) Notwithstanding any laws to the contrary, to include in any
contract let in connection with a project, stipulations requiring
that the contractor and any subcontractors comply with
requirements as to minimum wages and maximum hours of labor, and
comply with any conditions which the Federal Government attaches
to its financial aid of the project.
(8) To lease or rent any dwellings, houses, accommodations,
lands, buildings, structures or facilities embraced in any
housing project and, subject to the limitations of the Housing
Authorities Law, to establish and revise the rents or charges
therefor.
(9) To own, hold and improve real or personal property.
(10) To purchase, buy on contract, exchange, lease, lease back,
obtain options upon, acquire by gift, grant, bequest, devise or
otherwise any real or personal property or any interest therein
and to give its mortgage or trust deed covering any real property
or security agreement covering any personal property or any
interest in either.
(11) To sell, mortgage, lease, rent, exchange, transfer,
assign, pledge or otherwise dispose of any real or personal
property or any interest therein.
(12) To insure or provide for the insurance of any real or
personal property or operations of the authority against any
risks or hazards.
(13) To procure insurance or guarantees from the Federal
Government of the payment of any debts or parts thereof, whether
or not incurred by said authority, secured by mortgages on any
property included in any of its housing projects.
(14) To invest any funds held in reserves or sinking funds, or
any funds not required for immediate disbursement, in property or
securities in which savings banks may legally invest funds
subject to their control.
(15) To purchase its bonds at a price not more than the
principal amount thereof and accrued interest, all bonds so
purchased to be canceled.
(16) To exercise all or any part or combination of powers
granted in the Housing Authorities Law.
(17) To borrow money pursuant to ORS [{[-[456.175 to
456.210[-[} [{[+[456.055 to 456.235[+[} or as otherwise allowed
and accept advances, loans or grants or any other form of
financial assistance or any combination of these forms of
assistance from the Federal Government, state, county or other
public body, or from any sources, public or private, for the
purpose of undertaking and carrying out housing projects.
(18) To enter in a partnership agreement with or loan money to
an individual, partnership, corporation or other association to
finance, plan, undertake, construct, acquire or operate a housing
project.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 238. ORS 456.515 is amended to read:
456.515. As used in ORS 456.515 to 456.725 and [{[-[458.505 to
458.515[-[} [{[+[ORS chapter 458[+[} unless the context requires
otherwise:
(1) 'Community Action Directors of Oregon' means an
organization described in ORS 458.505.
(2) 'Construction' includes, but is not limited to, new
construction or moderate or substantial rehabilitation of
existing structures or facilities.
(3) 'Council' means the State Housing Council established under
ORS 456.567.
(4) 'Department' means the Housing and Community Services
Department established under ORS 456.555.
(5) 'Director' means the director of the department.
(6) 'Disabled person' means a person who has a physical or
mental impairment that substantially limits one or more major
life activities.
(7) 'Elderly household' means a household whose head is over
the age of 58, residing in this state, who cannot obtain in the
open market decent, safe and sanitary housing, including the
costs of utilities and taxes, for 25 percent of the gross income
of the household.
(8) 'Major life activity' includes but is not limited to
self-care, ambulation, communication, transportation, education,
socialization, employment and ability to acquire, rent or
maintain property.
(9)(a) 'Multifamily housing' means a structure or facility
which provides more than one living unit, and may provide spaces
for common use by the occupants in social and recreational
activities:
(A) For the elderly, including but not limited to individual
living units within such structures, mobile home and manufactured
dwelling parks and residential facilities licensed under ORS
443.400 to 443.455 and other congregate care facilities with or
without domiciliary care.
(B) For disabled persons, including but not limited to
individual living units within such structures, mobile home and
manufactured dwelling parks and residential facilities licensed
under ORS 443.400 to 443.455 and other congregate care facilities
with or without domiciliary care.
(b) 'Multifamily housing' does not include nursing homes,
hospitals, places primarily engaged in recreational activities
and single-family, detached dwellings, except manufactured
dwellings situated in a mobile home and manufactured dwelling
park.
(10) 'Target population' means:
(a) Elderly households; or
(b) Disabled persons.
[{[+[ NOTE:[+[} Clarifies applicability of definitions.
SECTION 239. ORS 456.530 is amended to read:
456.530. Notwithstanding ORS 293.721 and 293.726 and subject to
the provisions of any agreement with holders of bonds issued
pursuant to ORS 456.519 or 456.524 (1979 Replacement Part), the
department may consider the willingness or commitment of a
lending institution as defined in ORS 456.615 to make loans for
residential housing as a factor in selecting depositaries and
otherwise investing funds held under ORS 456.515 to 456.725
[{[-[and 458.505 to 458.515[-[} in or through such lending
institutions.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 240. ORS 456.535 is amended to read:
456.535. The money realized from the sale of each issue of
bonds shall be credited to a special fund in the State Treasury,
separate and distinct from the General Fund, to be designated the
Elderly and Disabled Housing Fund; which fund is hereby
appropriated for the purpose of carrying out the provisions of
ORS 456.515 to 456.725 [{[-[and 458.505 to 458.515[-[} . It
shall not be used for any other purpose, except that this money,
with the approval of the State Treasurer, may be invested as
provided by ORS 293.701 to 293.820 and the earnings from the
investments inure to the Elderly and Disabled Housing Sinking
Fund.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 241. ORS 456.539 is amended to read:
456.539. (1) The department shall be the agency for the State
of Oregon for the administration of the Elderly and Disabled
Housing Fund. Except as otherwise provided in ORS 456.515 to
456.725 [{[-[and 458.505 to 458.515[-[} the provisions of ORS
[{[-[456.550 to 456.582, 456.615 to 456.640 and 456.690 to
456.720[-[} [{[+[456.515 to 456.725[+[} are applicable to the
administration of the Elderly and Disabled Housing Fund.
(2) The department is authorized to use the Elderly and
Disabled Housing Fund to advance funds, by contract, grant, loan
or otherwise, as provided by Article XI-I(2) of the Oregon
Constitution to finance multifamily housing for elderly
households, disabled persons and their family members and such
other persons who reside therein as are necessary to maintain the
housing or provide services or companionship for elderly
households and disabled persons.
(3) In carrying out the provisions specified in Article XI-I(2)
of the Oregon Constitution, the department shall, with the
concurrence of the State Housing Council, adopt criteria for
approval of projects proposed by qualified housing sponsors to
finance multifamily housing for the target population and their
family members and such other persons who reside therein as are
necessary to maintain the housing or provide services or
companionship for elderly households and disabled persons. The
criteria shall:
(a) Assure that health, mental health and other supportive
services as may be necessary to maintain elderly and disabled
households living in the housing are available to the occupants
onsite or in the community;
(b) Give priority to members of the target populations; and
(c) Allow occupancy by such family members or other persons as
the department determines necessary to maintain the housing and
provide services or companionship for elderly households and
disabled persons.
(4) The department shall:
(a) Adopt criteria, including maximum income limitations not to
exceed median family income, for approval of applications for
financing the purchase by elderly households of ownership
interests within a multifamily structure or facility. The
criteria must include a requirement that the applicants obtain
loan cancellation life insurance.
(b) Provide means for allocating funds to finance multifamily
housing units for the target population and to establish
limitations on the interest and fees to be charged on loans made
by the department.
(c) Adopt rules necessary for efficient administration of the
Elderly and Disabled Housing Fund.
(d) Adopt rules to assure that each of the target populations
has access to a reasonable portion of the bond authority under
ORS 456.515 to 456.725 [{[-[and 458.505 to 458.515[-[} , and
that a reasonable portion of the funds for elderly households is
made available to finance the purchase by elderly households of
ownership interests within multifamily housing structures or
facilities.
(5) Loans made by the department under this section for the
interim construction financing of multifamily housing shall be
subject to the provisions of ORS 456.717.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 242. ORS 456.543 is amended to read:
456.543. (1) The department shall maintain, with the State
Treasurer, an Elderly and Disabled Housing Sinking Fund, separate
and distinct from the General Fund. The Elderly and Disabled
Housing Sinking Fund shall provide for the payment of the
principal and interest upon bonds issued under authority of
Article XI-I(2), Oregon Constitution, and ORS 456.515 to 456.725
[{[-[and 458.505 to 458.515[-[} . Moneys of the sinking fund are
hereby appropriated for such purpose. With the approval of the
department, the moneys in the Elderly and Disabled Housing
Sinking Fund may be invested as provided by ORS 293.701 to
293.820, and earnings from the investment shall be credited to
the Elderly and Disabled Housing Sinking Fund.
(2) The Elderly and Disabled Housing Sinking Fund shall consist
of all moneys received from contract or loan proceeds; bond
reserves; other funds available for these purposes; and, if
necessary, state ad valorem taxes provided by Article XI-I(2),
Oregon Constitution, and by ORS 456.515 to 456.725 [{[-[and
458.505 to 458.515[-[} .
(3) The Elderly and Disabled Housing Sinking Fund shall not be
used for any purpose other than that for which the fund was
created provided, however, that amounts on deposit in the fund
may be applied to the payment of operating and administrative
expenses of the department allocable to its elderly and disabled
housing program under ORS 456.515 to 456.725 [{[-[and 458.505 to
458.515[-[} , and for transfers under subsections (4) and (5) of
this section. Should a balance remain therein after the purposes
for which the fund was created have been fulfilled or after a
reserve sufficient to meet all existing obligations and
liabilities of the fund has been set aside, the surplus remaining
may be transferred to the Elderly and Disabled Housing Fund at
the direction of the department.
(4) The director of the Housing and Community Services
Department may transfer moneys from the Elderly and Disabled
Housing Sinking Fund, with the approval of the State Treasurer,
for the purpose of financing multifamily housing for the elderly
and the disabled. The State Treasurer shall approve such request
if:
(a) The cash flow projection required by ORS 286.105 shows
that, for the term of the bonds outstanding at the time the
director transfers the moneys, remaining moneys in the sinking
fund, together with expected loan proceeds and fund earnings,
will continue to be adequate to pay bond principal, interest and
administrative costs; and
(b) The transfer will not create the need for issuance of any
bonds.
(5) The director shall deposit loan prepayments in the Elderly
and Disabled Housing Fund, and lend such prepayments for the
purpose of financing multifamily housing for the elderly and the
disabled for a term not exceeding the term of the bonds
associated with the loan that was prepaid, if the director
determines that such a deposit and loan will not adversely affect
the ability of the department to pay outstanding bonds.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 243. ORS 456.547 is amended to read:
456.547. The department may accept assistance, grants and
gifts, in the form of money, land, services or any other thing of
value from the United States or any of its agencies, or from
other persons, for any of the purposes contemplated by Article
XI-I(2) of the Oregon Constitution and by ORS 456.515 to 456.725
and
[{[-[458.505 to 458.515[-[} [{[+[ORS chapter 458[+[}. Unless
enjoined by the terms and conditions of any such gift or grant,
the department may convert the same or any of them into money
through sale or other disposal thereof.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 244. ORS 456.550 is amended to read:
456.550. (1) There exists in this state a seriously inadequate
supply of and a pressing need for safe and sanitary dwelling
accommodations within the financial means of persons and families
of lower income, including but not limited to persons and
families displaced by the clearing of slums and blighted areas or
by other public programs;
(2) Private lending institutions have been and will continue to
be unable to provide necessary financial support for lower income
housing and the resulting shortage of financing has been in whole
or in part responsible for the shortage of lower income housing;
(3) It is a valid public purpose to provide for the
construction, rehabilitation, purchase, leasing and refinancing
of housing for such persons and families who would otherwise be
unable to obtain adequate dwelling accommodations which they
could afford and to aid in the acquisition of land for present or
future developments including such housing accommodations;
(4) It is further found that the authority and powers conferred
by ORS [{[-[456.550, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[456.550 to 456.725 and ORS chapter 458[+[} upon
the department and the director constitute a necessary public
program and serve a valid public purpose;
(5) To stimulate and increase the supply of housing for persons
and families of lower income it is necessary that a central
source of housing information, planning, educational services and
technical assistance and a revolving fund be established. The
Housing and Community Services Department shall be that central
source in this state; and
(6) It is the policy of this state to increase the amount of
and improve the condition of low and moderate income housing by
investing in developing local capacity to build, rehabilitate and
manage housing. A primary vehicle for building such capacity is
the formation and expansion of community development
corporations.
[{[+[ NOTE:[+[} Corrects ORS references.
SECTION 245. ORS 456.555 is amended to read:
456.555. (1) The Housing and Community Services Department is
established.
(2) The department shall adopt the rules necessary to carry out
the programs which the department is charged with administering,
including administration, enforcement, establishment of criteria
for granting of benefits and establishment of fees, not to exceed
the cost of administration.
(3) The Housing and Community Services Department shall be
under the supervision and control of a director who is
responsible for the performance of the duties imposed upon the
department. The Governor shall appoint the director. The director
shall hold office at the pleasure of the Governor. The person
appointed as director shall be a person who, by training and
experience, is well qualified to perform the duties of the
office.
(4) The director shall receive such salary as may be provided
by law, or, if not so provided, as may be fixed by the Governor.
In addition to the salary of the director, the director shall,
subject to the limitations otherwise provided by law, be
reimbursed for all expenses actually and necessarily incurred by
the director in the performance of official duties.
(5)(a) The director may establish divisions including but not
limited to divisions for administration, housing programs and
community services programs.
(b) Notwithstanding any other provisions of this section, the
department shall adopt rules to:
(A) Identify housing programs and community services programs;
and
(B) Distinguish between housing programs and community services
programs.
(6)(a) The State Housing Council shall:
(A) With the advice of the director, set policy and approve or
disapprove rules and standards for housing programs[{[+[;[+[}
[{[-[.[-[}
(B) Approve or disapprove loans and grants as set forth in ORS
456.571; and
(C) Carry out the provisions of ORS 456.571.
(b) The Community Action Directors of Oregon shall advise the
department and the council on community services programs as
determined by the director and as set forth in ORS 458.505.
(7) The director shall report regularly to the council to keep
the council informed on progress made by the department in
carrying out the department's responsibilities for housing
programs.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 246. ORS 456.559 is amended to read:
456.559. (1) The department shall:
(a) Maintain current housing data and information concerning
available programs, status of funding, programs planned or
undertaken which might conflict with, overlap, duplicate or
supersede other planned or existing programs and call these to
the attention of appropriate state agencies, governmental bodies
and public or private housing sponsors.
(b) Provide to appropriate state agencies, governmental bodies
and public or private housing sponsors such advisory and
educational services as will assist them in the development of
housing plans and projects.
(c) Subject to the approval of the council, make noninterest
bearing advances, in accordance with ORS 456.710 and the policies
of the department to qualified nonprofit sponsors for development
costs of housing projects until mortgage funds are released to
repay the advances as provided in ORS 456.710.
(d) Advise and assist appropriate state agencies, governmental
bodies and public or private housing sponsors, cities and
counties, in all programs and activities which are designed or
might tend to fulfill the purposes of ORS 456.550 to
[{[-[456.720[-[} [{[+[456.725 and ORS chapter 458[+[}.
(e) Encourage and assist in the planning, development,
construction, rehabilitation and conservation of dwelling units
for persons and families of lower income.
(f) Be the central state department to apply for, receive and
distribute, on behalf of appropriate state agencies, governmental
bodies and public or private housing sponsors in the state,
grants, gifts, contributions, loans, credits or assistance from
the Federal Government or any other source for housing programs
except when the donor, grantor, or lender of such funds
specifically directs some other agency to administer them. 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.
(g) For the purposes of acquiring moneys, credits or other
assistance from any agency or instrumentality of the United
States or from any public corporation chartered by the United
States, comply with any applicable agreements or restrictions for
the receipt of such assistance and become a member of any such
association or public corporation chartered by the United States.
(h) Assist individuals, appropriate state agencies,
governmental bodies and public or private housing sponsors
through a program which provides housing information, planning,
educational services and technical assistance.
(i) Comply with the requirements of ORS 443.225 in assisting in
the development of any housing for residential care, training or
treatment for mentally retarded, developmentally disabled,
mentally or emotionally disturbed persons.
(2) Except as otherwise provided in ORS 456.625 (7), the
department shall not itself develop, construct, rehabilitate or
conserve housing units; and neither the department nor any
housing sponsor, including but not limited to any association,
corporation, cooperative housing authority or urban renewal
agency organized to provide housing and other facilities pursuant
to ORS 456.550 [{[-[, 456.574 to 456.625 and 456.630 to 456.720
and this section[-[} [{[+[to 456.725[+[}, may own, acquire,
construct, purchase, lease, operate or maintain utility
facilities, including facilities for the generation of
electricity, for the distribution of gas and electricity, and for
the conveyance of telephone and telegraph messages.
(3) In accordance with the provisions of this section and with
the advice of the council, the department shall establish
statewide priorities for housing programs. State agencies shall
coordinate their housing programs with the department. All state
agencies intending to apply for federal funds for use in
planning, developing or managing housing, or rendering assistance
to governmental bodies or sponsors or individuals involved
therein shall submit a description of the proposed activity to
the department for review not less than 30 days prior to the
intended date of submission of the application to the federal
agency. The department shall determine whether the proposal would
result in a program that would overlap, duplicate or conflict
with any other housing program in the state. If the department
finds overlapping or duplication or conflict, it shall recommend
modifications in the application. The Oregon Department of
Administrative Services shall consider these recommendations in
making its decision to approve or disapprove the application. The
department shall complete its review and forward its
recommendations within 15 working days after receipt of the
notification. Failure of the department to complete the review
within that time shall constitute approval of the application by
the department.
(4) The director may participate in discussions and
deliberations of the council. The director may suggest policies
and rules to the council, including those necessary to stimulate
and increase the supply of housing for persons and families of
lower income.
[{[+[ NOTE:[+[} Corrects ORS references.
SECTION 247. ORS 456.574 is amended to read:
456.574. (1) There is created in the General Fund of the State
Treasury the Housing and Community Services Department Revolving
Account. All moneys deposited in the account are continuously
appropriated for the purposes of carrying out the programs which
the department is charged with administering subject to
limitations otherwise prescribed by law.
(2) The Housing and Community Services Department may transfer
to the Housing and Community Services Department Revolving
Account amounts not to exceed $250,000 from funds available to
the department. Such funds hereby are continuously appropriated
for:
(a) The making of advances under ORS 456.559 (1)(c) or 456.710;
and
(b) The use by the department in the payment of expenses
incurred by the department in carrying out ORS [{[-[456.615 to
456.625 and 456.630 to 456.720[-[} [{[+[456.550 to 456.725[+[};
however, any such funds expended by the department under this
paragraph shall be repaid by the department into the revolving
account from the fees and charges collected under ORS 456.625 (3)
and from any other moneys available for such repayment in
accordance with ORS
[{[-[456.615 to 456.625 and 456.630 to 456.720[-[} [{[+[456.550
to 456.725[+[}.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 248. ORS 456.578 is amended to read:
456.578. (1) Subject to other applicable laws and agreements
entered into with bondholders, amounts received by, or
appropriated to, the department may be applied to funds and
accounts as the director determines necessary or appropriate for
the payment of expenses of programs administered by the
department and to provide reserves against losses and security
for bonds. All amounts deposited in the funds or accounts
administered by the department under ORS 456.515 to 456.725 and
[{[-[458.505 to 458.515[-[} [{[+[ORS chapter 458[+[}, are
continuously appropriated for the purposes of ORS 456.515 to
456.725 and [{[-[458.505 to 458.515[-[} [{[+[ORS chapter
458[+[}.
(2) The Housing and Community Services Department may establish
and maintain a petty cash fund, in an amount not to exceed $200,
for the purpose of paying minor incidental expenses in the
administration of the department.
[{[+[ NOTE:[+[} Corrects ORS references.
SECTION 249. ORS 456.593 is amended to read:
456.593. (1) Notwithstanding any of the provisions of ORS
456.550 to [{[-[456.720[-[} [{[+[456.725[+[} to the contrary:
(a) Of the $1,030,000,000 bond authorization under ORS 456.661,
the aggregate principal amount of not to exceed $30 million is to
be made available exclusively for making or participating in
making residential loans for detached single-family homes in any
city.
(b) The bonds under paragraph (a) of this subsection may be
sold as a part of the department's overall nongeneral obligation
bond issues under ORS [{[-[456.615 to 456.625 and 456.630 to
456.720[-[} [{[+[456.550 to 456.725[+[}, or separate issues
totaling no more than $30 million in an aggregate principal
amount may be sold by the department as required and requested by
a city. The bonds need not be identified by individual loans or
transactions but may include any number of individual loans or
transactions or purposes within any single issue.
(c) With moneys received under paragraph (b) of this
subsection, the department may purchase, service, sell and make
commitments to purchase, service and sell residential loans
originated by private lending institutions or any individual or
organization authorized by law to make such loans for residential
housing for owner-occupied detached single-family housing located
within an area of a city where the median income is below median
Portland family income to persons whose annual income for the
current and the immediately preceding year does not exceed 105
percent of the prevailing median income for families within that
city. Areas eligible under this paragraph shall be identified by
ordinance of the governing body of that city. That city shall
have sole discretion to designate one or more of those areas, and
the proportionate or approximate actual amount of single-family
residential loans to be made in those areas.
(d) Fees or service charges pursuant to ORS 456.625 (3) shall
be charged or collected in connection with, or for, any loan,
advance, insurance, loan commitments or servicing, by the
department under this section only after consultation with the
city.
(2) As used in this section, unless the context requires
otherwise, 'city' means any city with a population of 300,000 or
more.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 250. ORS 456.615 is amended to read:
456.615. As used in ORS 456.550 to [{[-[456.720[-[}
[{[+[456.725[+[}, unless the context requires otherwise:
(1) 'Bonds' means any bonds, notes or other evidence of
indebtedness, including notes or other evidence of indebtedness
issued in anticipation of the issuance of bonds and payable from
the proceeds of bonds issued, issued under ORS 456.515 to 456.725
[{[-[and 458.505 to 458.515[-[} .
(2) 'Capital reserve account' or 'capital reserve accounts'
means one or more of the special trust accounts which may be
established by the department within the Housing Finance Fund.
(3) 'Housing finance bond declaration' means a written
instrument signed by the director of the Housing and Community
Services Department and on file with and bearing the certificate
of approval of the State Treasurer, and all housing finance bond
declarations supplemental thereto.
(4) 'Consumer housing cooperative' means a cooperative
corporation formed under ORS chapter 62 and whose articles of
incorporation provide, in addition to the other requirements of
ORS chapter 62, that:
(a) The consumer housing cooperative has been organized
exclusively to provide housing facilities for persons and
families of lower income and such social, recreational,
commercial and communal facilities as may be incidental to such
housing facilities.
(b) All income and earnings of the consumer housing cooperative
shall be used exclusively for consumer housing cooperative
purposes and that no unreasonable part of the net income or net
earnings of the cooperative shall inure to the benefit or profit
of any private individual, firm, corporation, partnership or
association.
(c) The consumer housing cooperative is in no manner controlled
or under the direction of or acting in the substantial interest
of any private individual, firm, corporation, partnership or
association seeking to derive profit or gain therefrom or seeking
to eliminate or minimize losses in any transaction therewith,
except that such limitation shall apply to the members of the
cooperative only to the extent provided by rules of the
department.
(d) The operations of the consumer housing cooperative may be
supervised by the department and that the consumer housing
cooperative shall enter into such agreements with the department
as the department may require to provide regulation by the
department of the planning, development and management of any
housing project undertaken by the cooperative and the disposition
of the property and other interests of the cooperative.
(5) 'Development costs' means the costs that have been approved
by the department as appropriate expenditures and includes, but
is not limited to payments for options to purchase property for
the proposed housing project site, deposits on contracts of
purchase, payments for the purchase of property as approved by
the department, legal, organizational and marketing expenses
including payment of attorney fees, managerial and clerical staff
salaries, office rent and other incidental expenses, payment of
fees for preliminary feasibility studies, advances for planning,
engineering and architectural work; expenses for surveys as to
need and market analyses; and such other expenses incurred by the
qualified housing sponsor as the department may deem necessary
under ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and 456.630
to 456.720[-[} [{[+[to 456.725[+[}.
(6) 'Elderly' means a person or a family whose head of the
household is 58 years of age or older, residing in the state,
whose income is below the level which the department has
determined to be necessary in order to obtain in the open market
decent, safe and sanitary housing, including the costs of
utilities and taxes, for 25 percent of the gross income of the
household, as provided in ORS 456.620 (4).
(7) 'Federally insured security' means an evidence of
indebtedness insured or guaranteed as to repayment of principal
and interest by the United States or an agency or instrumentality
thereof.
(8) 'Housing development' means a development that primarily
contains housing units for persons or families of lower income
and such other incidental elements of commercial, recreational,
industrial, communal or educational facilities as the department
determines improve the quality of the development as it relates
to housing for persons or families of lower income. Profits from
incidental elements shall be applied to loans due under ORS
456.550 to [{[-[456.720[-[} [{[+[456.725[+[}.
(9) 'Housing Finance Fund' means the Housing Finance Fund
established in ORS 456.720 (1).
(10) 'Lending institution' means any bank, mortgage banking
company, trust company, savings bank, savings and loan
association, credit union, national banking association, federal
savings and loan association or federal credit unit maintaining
an office in this state, or any insurance company authorized to
do business in this state.
(11) 'Limited dividend housing sponsor' means a corporation,
trust, partnership, association, other entity, or an individual.
Such mortgagor shall be restricted as to distribution of income
and shall be regulated as to rents, charges, rate of return and
methods of operation as the department determines necessary to
carry out the purposes of ORS 456.550 [{[-[, 456.559, 456.574 to
456.625 and 456.630 to 456.720[-[} [{[+[to 456.725[+[}.
(12) 'Lower income families or persons' means the elderly and
families and persons, residing in this state, whose income is
below the level which the department has determined to be
necessary in order to obtain in the open market decent, safe and
sanitary housing, including the costs of utilities and taxes, for
25 percent of the gross income of such family or person, as
provided under ORS 456.620 (4). The term may also include other
families or persons where the assistance provided is determined
by the director to be incidental to the accomplishment of the
department's programs for lower income families or persons. The
department, in cooperation with affected local governments, shall
determine what constitutes 'decent, safe and sanitary housing. '
(13) 'Manufactured housing' means a dwelling unit manufactured
off site having a minimum width of 10 feet and a minimum area of
400 square feet built on a permanent chassis and designed to be
used for permanent residential occupancy whether or not on a
permanent foundation, which dwelling unit contains permanent
eating, cooking, sleeping and sanitary facilities and meets such
standards as the department determines, by rule, are reasonable
to maintain the quality, safety and durability of the dwelling,
the sanitary requirements of the communities in which they are
located and the security of the loans which the department may
finance for the purchase of the dwellings.
(14) 'Nonprofit housing corporation' means an organization
formed under ORS chapter 65 and whose articles of incorporation
provide, in addition to the other requirements of ORS chapter 65,
that:
(a) The corporation has been organized exclusively to provide
housing facilities for persons and families of lower income and
such other social, recreational, commercial and communal
facilities as may be incidental to such housing facilities.
(b) All the income and earnings of the corporation shall be
used exclusively for corporation purposes and that no part of the
net income or net earnings of the corporation shall inure to the
benefit of any private individual, firm, corporation, partnership
or association.
(c) The corporation is in no manner controlled or under the
direction or acting in the substantial interest of any private
individual, firm, partnership or association seeking to derive
profit or gain therefrom or seeking to eliminate or minimize
losses in transactions therewith.
(d) The operations of the corporation may be supervised by the
department and that the corporation shall enter into such
agreements with the department as the department may require to
regulate the planning, development and management of any housing
project undertaken by the corporation and the disposition of the
property and other interests of the corporation.
(15) 'Project cost' or 'costs of the project' means the sum of
all reasonable expenses incurred by a qualified housing sponsor
in undertaking and completing a housing project approved by the
department. Such costs include but are not limited to the
expenses incurred by a qualified housing sponsor for studies and
surveys; plans, specifications, architectural and engineering
services; legal, organizational and other special services;
financing, acquisition, demolition, construction, equipment and
site development of new and rehabilitated housing units; movement
of existing buildings to new sites; the cost of acquisition, or
estimated fair market value, of land and other interests in real
estate; rehabilitation, reconstruction, repair or remodeling of
existing buildings; estimated carrying charges during
construction and for a reasonable period thereafter; placement of
tenants or occupants and relocation services in connection with
the housing project; reasonable builder's or sponsor's profit and
risk allowance; and, to the extent not already included, all
development costs.
(16) 'Qualified housing sponsor' includes, subject to the
approval of the department, a consumer housing cooperative, a
limited dividend housing sponsor, a nonprofit housing
corporation, a for-profit housing sponsor including, but not
limited to, an individual operating in compliance with the
criteria adopted by the department under ORS 456.620 (1), a
housing authority created by ORS 456.075, an urban renewal agency
created by ORS 457.035 and any city or county governing body or
agency or department designated by the governing body.
(17) 'Residential housing' means a specific work or improvement
within this state undertaken primarily to provide dwelling
accommodations, including land development and acquisition,
construction or rehabilitation of buildings and improvements
thereto, for residential housing, and such other nonhousing
facilities as may be incidental or appurtenant thereto. '
Residential housing' includes, but is not limited to, a specific
work or improvement within this state undertaken to provide
mobile home or manufactured dwelling parks as defined in ORS
446.003. As used in this subsection, 'land development '
includes, but is not limited to, the improvement of streets and
alleys and the construction of surface drains, sewers, curbing
and sidewalks.
(18) 'Residential loan' means a loan for the acquisition,
construction, improvement or rehabilitation of residential
housing and, if the loan is for acquisition or construction of
residential housing, which is secured by a first lien on real
property located in the state and improved by a newly
constructed, existing or rehabilitated residential structure for
lower income persons or families, or unimproved if the proceeds
of such loan shall be used for the erection of a residential
structure thereon, whether or not such loan is insured or
guaranteed by the United States or any instrumentality or agency
thereof. The term also includes an insured or guaranteed loan for
the acquisition of manufactured housing, which insured or
guaranteed loan need not be secured by a first mortgage on real
property but shall be secured by a security interest of first
priority. The term also includes a loan for the purchase of a
proprietary lease and related cooperative shares in a housing
cooperative formed under ORS chapter 62 secured by a security
interest of first priority and a pledge or an assignment of
proprietary leases and related cooperative shares.
(19) 'Revolving account' means the Housing and Community
Services Department Revolving Account created in ORS 456.574.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 251. ORS 456.620 is amended to read:
456.620. In carrying out housing programs, the department
shall:
(1) With the approval of the council, adopt standards for the
planning, development and management of housing projects for
which qualified housing sponsors receive all or a portion of any
required financing under ORS 456.550 [{[-[, 456.559, 456.574 to
456.625 and 456.630 to 456.720[-[} [{[+[to 456.725[+[}, for
audits and inspections to determine compliance with such
standards and adopt criteria for the approval of qualified
housing sponsors under ORS 456.550 [{[-[, 456.559, 456.574 to
456.625 and 456.630 to 456.720[-[} [{[+[to 456.725[+[}.
(2) Adopt criteria for the approval of qualified housing
sponsors in ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[}.
(3) Enter into agreements with qualified housing sponsors to
regulate the planning, development and management of housing
projects constructed with the assistance of the department under
ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[to 456.725[+[}.
(4) With the approval of the council, establish maximum income
limits which shall in no case exceed the median family income
level, as determined by the department, in the area where housing
is to be provided. However, the department may waive the income
limits for elderly households seeking residence within an elderly
or disabled housing project if a person in the household falls
within the target population described under ORS 456.515 (10)(b).
Where programs of the department are administered on a statewide
basis, income limits may be established by reference to the
median family or personal income in the state, or in various
regions in the state, as determined by the department.
(5) With the approval of the council, insure that financing is
provided in the department's programs for manufactured housing.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 252. ORS 456.625 is amended to read:
456.625. The department may:
(1) Undertake and carry out studies and analyses of housing
needs within the state and ways of meeting such needs and make
the results of such studies and analyses available to the public,
qualified housing sponsors and the private housing sector.
(2) Submit proposed legislation to the Legislative Assembly on
measures it considers necessary to address administration,
housing programs or community services programs.
(3) With the approval of the council, charge fees or interest
in connection with housing programs.
(4) Encourage community organizations to assist in initiating
housing projects for persons and families of lower income.
(5) Encourage the salvage of usable housing scheduled for
demolition or dislocation because of highway, school, urban
renewal or other public projects by seeking authority for the
public agencies involved in such programs to use the funds
provided for the demolition or relocation of such buildings to
enable qualified housing sponsors to relocate and rehabilitate
such buildings for use by persons and families of lower income.
(6) Encourage research and demonstration projects to develop
techniques and methods for increasing the supply of adequate,
decent, safe and sanitary housing for persons and families of
lower income.
(7) Make or participate in the making of residential loans to
qualified individuals or housing sponsors to provide for the
acquisition, construction, improvement, rehabilitation or
permanent financing of residential housing or housing
development; undertake commitments to make residential loans;
purchase and sell residential loans at public or private sale;
modify or alter such mortgages or loans; foreclose on any such
mortgage or security interest or commence any action to protect
or enforce any right conferred upon the department by any law,
mortgage, security, agreement, contract or other agreement and to
bid for and purchase property that is subject to such mortgage or
security interest at any foreclosure or other sale; acquire or
take possession of any such property and complete, administer,
conserve, improve and otherwise use the property to accomplish
the department's purposes, pay the principal and interest on any
obligations incurred in connection with such property and dispose
of such property in such manner as the department determines
necessary to protect its interests under ORS 456.515 to 456.725
and [{[-[458.505 to 458.515[-[} [{[+[ORS chapter 458[+[}.
(8) Unless specifically exempted by the State Treasurer,
deposit with the State Treasurer any funds held in reserve or
sinking funds under ORS [{[-[456.550, 456.559, 456.574 to
456.625 and 456.630 to 456.720[-[} [{[+[456.515 to 456.725 and
ORS chapter 458[+[} and any other moneys not required for
immediate use or disbursement by the department, subject to the
provisions of any agreement with holders of bonds entered into
prior to October 15, 1983.
(9) Advise and assist in the creation of any nonprofit housing
corporation, consumer housing cooperative or limited dividend
housing sponsor and give approval of the articles of
incorporation and bylaws of any such organization in carrying out
ORS [{[-[456.550, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[456.515 to 456.725[+[}.
(10) Cooperate with and exchange services, personnel and
information with any federal, state or local governmental agency.
(11) Contract for the services of and consultation with
professional persons or organizations, not otherwise available
through federal, state or local governmental agencies, in
carrying out ORS [{[-[456.550, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[456.515 to 456.725 and ORS chapter
458[+[}.
(12) Perform any other duties that the department considers
necessary in carrying out housing programs and community services
programs.
(13) Purchase, service, sell and make commitments to purchase,
service and sell residential loans to the extent permitted by ORS
456.635 and 456.640 (1) to (3).
(14) Initiate or assist appropriate state agencies,
governmental bodies and public or private housing sponsors in the
development, construction, acquisition, ownership, leasing,
rehabilitation or management of housing to carry out the purposes
of ORS 456.515 to [{[-[456.720[-[} [{[+[456.725 and ORS chapter
458[+[} where such housing is not otherwise affordable or
available in the area.
(15) Subject to the provisions of any agreement then existing
with bondholders, make available funds by contract, grant, loan
or otherwise, including loan guarantees, insurance or other
financial leveraging techniques, from moneys made available by
the department to carry out the purposes of ORS 456.515 to
[{[-[456.720[-[} [{[+[456.725[+[}, if such moneys are not needed
for the operations of the department or otherwise determined by
the director to be a necessary or prudent reserve.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 253. ORS 456.627 is amended to read:
456.627. Notwithstanding the provisions of ORS 456.625 (7), the
department shall not make any single-family residential loan
directly to any individual unless the Legislative Assembly or
Emergency Board finds that private lending institutions are
unwilling or unable to participate in the department's
single-family residential loan programs or portions of those
programs under ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[}.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 254. ORS 456.630 is amended to read:
456.630. The department may provide to qualified housing
sponsors and lending institutions such advisory, consultative
training and educational services as necessary in assisting such
sponsors. Such advisory and other services include, but are not
limited to, technical and professional planning assistance,
preparation and promulgation of organizational planning and
development guidelines, consultation services, training courses,
seminars and lectures and other services or materials for
assistance of such sponsors in the planning, development and
management of housing projects under ORS 456.550 [{[-[, 456.559,
456.574 to 456.625 and 456.630 to 456.720[-[} [{[+[to
456.725[+[}.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 255. ORS 456.640 is amended to read:
456.640. (1) The department shall prescribe a form for the
application by a lending institution for the purchase of newly
originated or other existing residential loans by the department
under ORS 456.635.
(2) Prior to the submission by it of an application for the
purchase by the department of existing residential loans under
ORS 456.635, a lending institution may request the reservation by
the department of funds.
(3) The department may grant a reservation of funds in such
amount and subject to such conditions as it considers necessary
under ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and 456.630
to 456.720[-[} [{[+[to 456.725[+[}.
(4) Upon the decision by the department to purchase residential
loans under ORS 456.635, the department shall issue a binding
letter of commitment subject to such terms and conditions as the
department considers necessary. The letter of commitment shall be
binding upon the department as of the date of its execution
subject to the terms and conditions, if any, included therein.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 256. ORS 456.645 is amended to read:
456.645. (1) The State Treasurer, at the request of the
department, from time to time, may issue and sell bonds in the
name of and on behalf of the State of Oregon in compliance with
the applicable provisions of ORS 286.010, 286.020, 286.031 to
286.061 and 286.105 to 286.135 in the principal amount the
department considers necessary to carry out the purposes of ORS
456.550 to [{[-[456.720[-[} [{[+[456.725[+[}, or for paying or
refunding any bonds previously issued by the department for such
purposes.
(2) All bonds shall be special revenue obligations of the State
of Oregon, and, unless paid from the proceeds of other bonds,
shall be payable as to principal, redemption premium, if any, and
interest, solely from the revenues, assets or funds in the
Housing Finance Fund as may be pledged therefor, subject to
existing agreements with the holders of any bonds, in accordance
with any housing finance bond declaration. Bonds may be paid from
any source available under ORS 456.515 to 456.725 [{[-[and
458.505 to 458.515[-[} , including but not limited to:
(a) From the income and revenues of the housing project or
projects financed with the proceeds from the sale of such bonds
or with such proceeds together with other moneys available to the
department under ORS 456.550 [{[-[, 456.559, 456.574 to 456.625
and 456.630 to 456.720[-[} [{[+[to 456.725[+[} or other moneys
or grants from the Federal Government in aid of such projects.
(b) From the income and revenues of certain designated housing
projects, whether or not financed with the proceeds from the sale
of such bonds, if such housing projects were financed with moneys
available to the department under ORS 456.515 to 456.725
[{[-[and 458.505 to 458.515[-[} .
(c) From funds held in a capital or other reserve account.
(d) From such other funds as deemed adequate in fulfilling the
purposes of ORS 456.515 to 456.725 [{[-[and 458.505 to
458.515[-[} .
(e) From the revenues of the department under ORS 456.515 to
456.725 [{[-[and 458.505 to 458.515[-[} , generally.
(3) The department shall maintain accounting records and shall
prepare annual financial statements for distribution to existing
and potential bond purchasers.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 257. ORS 456.650 is amended to read:
456.650. The State Treasurer, in consultation with the
department, may issue refunding bonds, together with other bonds
of the department, for the purpose of refunding outstanding bonds
issued under ORS 456.645. The refunding bonds may be sold in the
same manner as other bonds are sold under ORS [{[-[456.550,
456.559, 456.574 to 456.625 and 456.630 to 456.720[-[}
[{[+[456.515 to 456.725[+[}. The issuance of the refunding bonds,
the maturity date, and other details thereof shall be governed by
the applicable provisions of ORS 286.010, 286.020, 286.031 to
286.061, 286.105 to 286.135,
[{[-[456.550, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[456.515 to 456.725[+[} for the issuance and sale
of bonds. The refunding bonds may be issued to refund bonds
originally issued or to refund bonds previously issued for
refunding purposes. Pending the use of moneys obtained from the
sale of refunding bonds for the proper purposes, such moneys may
be deposited by the department as provided in ORS 456.625 (8).
[{[+[ NOTE:[+[} Corrects series references.
SECTION 258. ORS 456.661 is amended to read:
456.661. (1) The aggregate principal amount of bonds issued
under ORS 456.645 which may be outstanding is $1,030,000,000,
excluding bonds issued under, and within the limits provided in
ORS 456.515 to 456.725 [{[-[and 458.505 to 458.515[-[} and any
bonds which have been refunded under ORS 456.650 or advance
refunded under ORS 288.605 to 288.690. $30 million of the total
$1,030,000,000 of bonds authorized under this section or proceeds
from the sale of the bonds shall be made exclusively available
for making or participating in making residential loans for
single-family homes in cities with a population of 300,000 or
more in the manner specified in ORS 456.593. No more than $10
million of the bonds authorized under this section or proceeds
from the sale of the bonds shall be made available for
residential loans for home improvements.
(2) For the purpose of determining the aggregate principal
amount of bonds issued or outstanding, the value of bonds shall
be calculated as follows:
(a) If, upon sale, the initial reoffering price is equal to or
more than 98 percent of the maturity value of the bonds, the
value of the bonds shall be the maturity value on the date of the
calculation.
(b) If, upon sale, the initial reoffering price is an amount
less than 98 percent of the maturity value of the bonds, the
value of the bonds shall be the price on any date of the
calculation that would result in a yield-to-maturity equal to the
yield-to-maturity at the time the bonds were sold by the state.
(3) For the purposes of the limitation contained in subsection
(1) of this section, the aggregate principal amount of bonds
outstanding shall be determined for any date of calculation by
subtracting the aggregate value of bonds which would have matured
or would have been redeemed through mandatory sinking fund
payments from the aggregate value of bonds issued.
(4) The Legislative Assembly finds that section 103A of the
Internal Revenue Code, as enacted by the 96th Congress of the
United States:
(a) Defines qualified mortgage bonds, which are treated as
exempt from federal income taxes under the code;
(b) Establishes limitations on the purposes and aggregate
amount or the state ceiling of qualified mortgage bonds which may
be issued within a state during any calendar year; and
(c) Authorizes the state to allocate the amount of qualified
mortgage bonds within the state ceiling among the units of
government having authority to issue those bonds.
(5) The Legislative Assembly further finds that:
(a) Pursuant to ORS 456.515 to 456.725 [{[-[and 458.505 to
458.515[-[} , the department has served as the sole department or
instrumentality of the state authorized to coordinate and
establish statewide priorities for housing programs and to
provide planning and technical assistance to sponsors of housing
for persons and families of lower income throughout the state.
(b) The department's activities have been instrumental in
alleviating the serious shortage of decent, safe and sanitary
housing for lower income persons.
(c) Continuation of the department's programs for financing
owner-occupied residential housing to the fullest extent
practicable under section 103A of the Internal Revenue Code is a
matter of paramount concern to the state.
(d) Cities have issued qualified mortgage bonds to finance the
rehabilitation of housing as part of urban renewal or community
development plans under home rule powers or authority granted
under ORS 457.010 to 457.460. Further, some cities now have
authority to issue bonds under ORS 280.417 to 280.485. Such bonds
may be considered qualified mortgage bonds under section 103A of
the Internal Revenue Code when issued to finance owned units in
multiunit structures.
(6) For purposes of section 103A of the Internal Revenue Code,
the department shall allocate the state ceiling of qualified
mortgage bonds. The department shall determine the allocations to
cities as may be necessary for bonds issued as provided in
subsection (7) of this section and any balance of that state
ceiling shall be allocated to the department. This determination
shall be made for each calendar year and shall be set forth in a
Certificate of Determination signed by the director of the
department and filed with the State Treasurer. The Certificate of
Determination shall cover the allocation during such year or any
portion thereof.
(7) The department shall allocate to cities the portions of the
state ceiling as shall be necessary for bond programs specified
in subsection (5)(d) of this section. Before July 1, 1981, and
each January 1 thereafter, any city may notify the department of
its intention to issue qualified mortgage bonds and of the amount
of the bonds intended to be issued during the ensuing calendar
year. Promptly upon determining the applicable state ceiling for
that calendar year and the applicable limit for that city
provided in paragraph (3) of subsection (g) of section 103A of
the Internal Revenue Code, the department shall allocate to any
such city the lesser of the amount of that limit or the amount
intended to be issued by the city. Upon request of any such city,
the department may increase or decrease the allocation at any
time in the discretion of the director and amend the Certificate
of Determination accordingly.
(8) The department shall be responsible for the designation of
areas of chronic economic distress within the state for approval
as provided in section 103A of the Internal Revenue Code.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 259. ORS 456.665 is amended to read:
456.665. (1) Neither the State Treasurer, the director of the
Housing and Community Services Department, the State Housing
Council nor any officer or employee of the department shall be
liable personally on any bonds issued under ORS [{[-[456.550 to
456.720[-[} [{[+[456.515 to 456.725[+[} by reason of the
issuance thereof.
(2) All obligations issued by the State Treasurer under ORS
456.550 [{[-[, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[to 456.725[+[} shall not constitute a debt,
liability or general obligation of this state or any political
subdivision thereof or a pledge of the faith and credit of this
state or any such political subdivision, but shall be payable
solely from the revenues or assets of the department acquired
pursuant to ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[}. Each obligation
issued under ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[} shall contain on the
face thereof a statement that the department shall not be
obligated to pay the same nor the interest thereon except from
the revenues or assets pledged therefor and that neither the
faith and credit nor the taxing power of this state or any
political subdivision thereof is pledged to the payment of the
principal of or the interest on such obligation.
(3) All bonds issued by the State Treasurer under ORS 456.550
[{[-[, 456.559, 456.574 to 456.625 and 456.630 to 456.720[-[}
[{[+[to 456.725[+[} shall be fully negotiable.
(4) The interest upon all bonds, including refunding bonds,
issued by the State Treasurer under ORS 456.550 [{[-[, 456.559,
456.574 to 456.625 and 456.630 to 456.720[-[} [{[+[to
456.725[+[} shall be exempt from personal income taxation in the
State of Oregon.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 260. ORS 456.670 is amended to read:
456.670. Bonds issued by the State Treasurer shall mature at
the time or times not exceeding 42 years from the date of issue
as shall be stated in the housing finance bond declaration.
Notwithstanding ORS 286.056 and 286.058, bonds issued by the
State Treasurer may be sold at private or public sale at such
price or prices as the State Treasurer, upon the advice of the
department, may prescribe. Notwithstanding the provisions of any
other law, the rates of interest payable and discount, if any,
with respect to bonds issued under ORS 456.550 to
[{[-[456.720[-[} [{[+[456.725[+[} shall be determined by the
State Treasurer, upon the advice of the department. The bonds
shall be executed by the Governor, the Secretary of State and the
State Treasurer in the manner set forth in ORS 286.031 to
286.061.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 261. ORS 456.675 is amended to read:
456.675. (1) The bonds issued by the State Treasurer under ORS
[{[-[456.519, 456.550, 456.559 and 456.574 to 456.625 and 456.630
to 456.720[-[} [{[+[456.515 to 456.725[+[} and the agreements
with the bondholders may:
(a) Pledge all or any part of the fees and charges made or
received by the department under ORS 456.550 [{[-[, 456.559,
456.574 to 456.625 and 456.630 to 456.720[-[} [{[+[to
456.725[+[} and all or any part of the moneys received in payment
of residential loans and interest thereon and other moneys
received or to be received by the department under ORS 456.550
[{[-[, 456.559, 456.574 to 456.625 and 456.630 to 456.720[-[}
[{[+[to 456.725[+[} to secure payment of the bonds, subject to
the provisions of any agreements with bondholders then existing.
(b) Pledge all or any part of the assets of the department
acquired under ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[}, including
residential loans and obligations securing such residential loans
to secure the payment of the bonds, subject to the provisions of
any agreements with bondholders then existing.
(c) Pledge any moneys, loans or grants received from the
Federal Government, the state or any city, county or political
subdivision of this state for any housing project financed in
whole or in part from the sale proceeds of bonds.
(d) Provide for the use and disposition of the gross income
from residential loans held by the department and for the payment
of the principal on residential loans held by the department.
(e) Limit the purposes for which the proceeds from the sale of
bonds may be applied by the department and pledge such proceeds
to secure payment of the bonds of the department.
(f) Limit the issuance of additional bonds, the terms upon
which such additional bonds may be issued and the refunding of
outstanding bonds.
(g) Provide for the procedure, if any, by which the terms of
any contract with bondholders may be amended or rescinded, the
percentage of the bondholders that must consent thereto and the
manner of giving their consent thereto.
(h) Vest in a trustee appointed by the director such property,
rights, powers and duties in trust as the department may
determine, including the rights, powers and duties of a trustee
appointed for bondholders pursuant to ORS 456.550 [{[-[, 456.559,
456.574 to 456.625 and 456.630 to 456.720[-[} [{[+[to
456.725[+[} or limiting the rights, powers and duties of any
trustee so appointed.
(i) Provide for other matters affecting security for the bonds.
(2) Any pledge made by or pursuant to subsection (1) of this
section shall be valid and binding from the time when the pledge
is made. The revenues, assets and funds pledged pursuant to
subsection (1) of this section shall immediately be subject to
the lien or pledge without physical delivery thereof or further
act, and the lien of any pledge shall be valid and binding
against all parties having claims of any kind in tort, contract
or otherwise, irrespective of whether the parties have notice
thereof. No housing finance bond declaration or any other
instrument by which the pledge is created need be recorded or
filed except as provided in ORS 456.550 to [{[-[456.720[-[}
[{[+[456.725[+[} and the department shall not be required to
comply with any of the provisions of the Oregon Uniform
Commercial Code.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 262. ORS 456.680 is amended to read:
456.680. The department, subject to any existing agreements
with its bondholders, may purchase bonds then outstanding out of
any funds of the department available therefor under ORS
[{[-[456.550, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[456.515 to 456.725[+[}. Any bonds of the
department so purchased shall be canceled. The department may
purchase such bonds whether or not such bonds are redeemable at
the time of such purchase. If the bonds are then redeemable, the
department shall purchase such bonds at a reasonable price not
exceeding the redemption price then applicable plus accrued
interest to the date of redemption.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 263. ORS 456.685 is amended to read:
456.685. (1) If the department defaults in the payment of the
principal or interest due upon a bond, whether at maturity or
upon call for redemption and such default continues for a period
of 30 days thereafter or if the department fails or refuses to
comply with any agreement with the bondholders or any other
provision of ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[}, the holders of 25
percent in aggregate principal amount of bonds then outstanding
may instruct the trustee to represent them as provided in
subsection (2) of this section by filing an appropriate
instrument that is acknowledged in the manner provided for the
acknowledgment of deeds in this state with the county clerk for
Marion County.
(2) A trustee appointed pursuant to subsection (1) of this
section may:
(a) Enforce all rights of the bondholders under ORS 456.550
[{[-[, 456.559, 456.574 to 456.625 and 456.630 to 456.720[-[}
[{[+[to 456.725[+[} or any agreement with the department by
appropriate proceedings.
(b) Bring suit upon such bonds.
(c) By appropriate proceeding, require the department to
account.
(d) By appropriate judicial proceedings, enjoin any act of the
department that is in violation of ORS 456.550 [{[-[, 456.559,
456.574 to 456.625 and 456.630 to 456.720[-[} [{[+[to
456.725[+[} or in violation of any agreement with the
bondholders.
(e) Exercise any powers necessary or appropriate for the
exercise of any functions under this section or otherwise
incidental to the general representation of the bondholders in
the enforcement and protection of their rights.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 264. ORS 456.695 is amended to read:
456.695. All housing units or projects for which funds are
advanced, loaned or otherwise provided by the department under
ORS
[{[-[456.550, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[456.515 to 456.725 and ORS chapter 458[+[} must
be in compliance with any interim comprehensive land use plan or
comprehensive land use plan and zoning, subdivision and other
ordinances and regulations and laws of this state applicable to
the lands upon which such projects are to be constructed; or, if
an interim comprehensive land use plan or comprehensive land use
plan is not in effect with respect to such lands, such units or
projects must be in compliance with generally accepted land use
planning standards.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 265. ORS 456.700 is amended to read:
456.700. Any pledge, commitment or reservation of funds made by
the department under ORS [{[-[456.550, 456.559, 456.574 to
456.625 and 456.630 to 456.720[-[} [{[+[456.515 to 456.725[+[}
shall be valid and binding from the date on which the pledge was
executed. Any money or property pledged in return for such a
commitment shall immediately be subject to the lien of such
pledge without any physical delivery thereof or further act by
the department. The lien of any such pledge shall be valid and
binding as against all parties having any claims in tort,
contract or otherwise against the department whether or not such
parties have notice of the lien. No instrument creating a pledge
under ORS [{[-[456.550, 456.559, 456.574 to 456.625 and 456.630
to 456.720[-[} [{[+[456.515 to 456.725[+[} need be recorded.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 266. ORS 456.705 is amended to read:
456.705. With respect to the servicing of any residential loan
made or acquired by the department under ORS 456.515 to 456.725
and [{[-[458.505 to 458.515[-[} [{[+[ORS chapter 458[+[} the
department may:
(1) Provide for servicing of the residential loan by its own
staff.
(2) Contract with the Director of Veterans' Affairs for the
performance of servicing functions for the residential loan.
(3) With respect to residential loans purchased by the
department under ORS 456.635, contract with the lending
institution selling such loans or any other lending institution
for the servicing of such loans, subject to such terms and
conditions as the department considers necessary to protect the
interests of the department in such loans. The department may
provide for the payment of such fees for servicing performed by a
lending institution under this subsection as it considers
necessary.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 267. ORS 456.720 is amended to read:
456.720. (1) The Housing Finance Fund is established, separate
and distinct from the General Fund. The fund shall consist of the
proceeds from the sale of bonds issued under ORS 456.645 and
456.650, fees and other moneys received by the department under
ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and 456.630 to
456.720[-[} [{[+[to 456.725[+[}, moneys appropriated by the
state for use by the department in carrying out ORS 456.550
[{[-[, 456.559, 456.574 to 456.625 and 456.630 to 456.720[-[}
[{[+[to 456.725[+[} and moneys made available from any other
source for use by the department under ORS 456.550 [{[-[,
456.559, 456.574 to 456.625 and 456.630 to 456.720[-[} [{[+[to
456.725[+[}.
(2) Except as otherwise provided in this section, moneys in the
fund may be expended by the department for the purposes
authorized in ORS 456.550 [{[-[, 456.559, 456.574 to 456.625 and
456.630 to 456.720[-[} [{[+[to 456.725[+[}. Except as otherwise
provided in this section for a capital reserve account, the
department may establish one or more accounts within the fund for
use in carrying out ORS 456.550 [{[-[, 456.559, 456.574 to
456.625 and 456.630 to 456.720[-[} [{[+[to 456.725[+[}.
(3) There may be established within the Housing Finance Fund
capital reserve accounts. A capital reserve account shall consist
of the aggregate of moneys retained by the department, pursuant
to existing agreements with the bondholders, as the annual debt
service reserve, as described in ORS 456.655 (1), for each bond
issue sold by the department under ORS 456.645 or 456.650. All
moneys in the account for an issue which the department has
determined a debt service reserve is required shall be used
solely for the payment of the principal and interest on the bonds
as they mature, the purchase of such bonds, the payment of
interest on such bonds and the payment of any redemption premium
required to be paid by the department when any such bonds are
redeemed prior to maturity. Moneys in the account may not be
withdrawn therefrom at any time in such amount as would reduce
the amount of moneys in the account below the maximum amount of
principal and interest maturing and becoming due in the
succeeding fiscal year on all such bonds then outstanding, except
for the purpose of paying principal of and interest and premium,
if any, on the bonds of the department maturing and becoming due
and for the payment of which other moneys in the Housing Finance
Fund are not available.
(4) Except as otherwise provided in existing agreements with
bondholders, any income or interest earned by or accruing to the
capital reserve account because of the investment by the
department of moneys within the account may be retained by the
department in the fund to apply to any future deficiency that may
occur or may be used by the department for the repayment of
moneys in the revolving account that were expended by the
department pursuant to ORS 456.574 (2)(b).
(5) In order to assure the continual operation and maintenance
of the capital reserve account in the Housing Finance Fund and to
carry out ORS [{[-[456.615 to 456.625 and 456.630 to 456.720[-[}
[{[+[456.550 to 456.725[+[}, if the amount of money on deposit in
the capital reserve account in any year is less than the debt
service reserves described in ORS 456.655 (1), the director shall
certify to the Governor and the Legislative Assembly or, during
the interim, to the Emergency Board the amount needed to restore
the account to its required debt service reserves. The amount so
certified by the director may be appropriated by the Legislative
Assembly or, during the interim, allocated by the Emergency Board
and paid to the department during the then current fiscal year
for deposit in the capital reserve account.
(6) For the purposes of this section, the department shall
annually value investments in the capital reserve account at the
amortized cost of the investments.
(7) There is established within the Housing Finance Fund a
Housing Development Account. Moneys in this account are hereby
continuously appropriated to carry out the purposes of ORS
456.515 to [{[-[456.720[-[} [{[+[456.725[+[} by contract,
grant, loan or as otherwise determined necessary by the
department.
(8)(a) The Housing Development Account shall consist of moneys
deposited or received by the department for the purposes of this
account from whatever source. Of the moneys deposited into the
account:
(A) The department shall not use moneys from its own resources
for administrative expenses; and
(B) The department may use moneys from other sources for
administrative expenses only to the extent provided by those
sources.
(b) The department may return moneys received or deposited in
the account to the original source of the moneys, as the director
determines necessary.
(9) Except as otherwise stipulated by the source of funds, any
income or interest earned by or accruing to the Housing
Development Account because of the investment by the department
of moneys in the account may be retained by the department for
the uses of the account.
(10) The department may enter into agreements regarding use of
moneys received for the Housing Development Account with the
source of the moneys, and may comply with the provisions of such
agreements.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 268. ORS 457.170 is amended to read:
457.170. An urban renewal agency may plan or undertake any
urban renewal project to carry out an approved urban renewal
plan. In planning or undertaking an urban renewal project, the
urban renewal agency has the power:
(1) To carry out any work or undertaking and exercise any
powers which a housing authority is authorized to perform or
exercise under ORS 456.055 to [{[-[456.230[-[}
[{[+[456.235[+[}, subject to the provisions of this chapter
provided, however, that ORS 456.155 and 456.160 do not limit the
power of an agency in event of a default by a purchaser or lessee
of land in an urban renewal plan to acquire property and operate
it free from the restrictions in those sections.
(2) To carry out any rehabilitation or conservation work in an
urban renewal area.
(3) To acquire real property, by condemnation if necessary,
when needed to carry out the plan.
(4) To clear any areas acquired, including the demolition,
removal or rehabilitation of buildings and improvements.
(5) To install, construct or reconstruct streets, utilities and
site improvements in accordance with the urban renewal plan.
(6) To carry out plans for a program of the voluntary repair
and rehabilitation of buildings or other improvements in an urban
renewal area in accordance with the urban renewal plan.
(7) To assist in relocating persons living in, and property
situated in, the urban renewal area in accordance with the
approved urban renewal plan and to make relocation payments.
(8) To dispose of, including by sale or lease, any property or
part thereof acquired in the urban renewal area in accordance
with the approved urban renewal plan.
(9) To plan, undertake and carry out neighborhood development
programs consisting of urban renewal project undertakings in one
or more urban renewal areas which are planned and carried out on
the basis of annual increments in accordance with the provisions
of this chapter for planning and carrying out urban renewal
plans.
(10) To accomplish a combination of the things listed in this
section to carry out an urban renewal plan.
[{[+[ NOTE:[+[} Corrects series reference.
SECTION 269. ORS 458.310 is amended to read:
458.310. (1) The State Housing Council shall adopt rules to
develop and administer a housing revitalization program for low
and moderate income housing.
(a) Applicants for revitalization program funds shall be:
(A) A unit of local government;
(B) A housing authority;
(C) A nonprofit corporation; or
(D) An applicant eligible under [{[-[subparagraphs[-[}
[{[+[subparagraph[+[} (A), (B) or (C) of this paragraph, who
contracts with another entity, including a private for-profit
corporation.
(b) Housing revitalization projects shall bring into use vacant
and abandoned property or rehabilitate substandard property, or
both. Eligible project activities include, but are not limited
to:
(A) Purchase of property;
(B) Rehabilitation of housing units;
(C) New construction to replace units for which rehabilitation
is infeasible;
(D) Mortgage interest subsidies or reduction of principal loan
amounts; or
(E) Other activities that have the effect of making properties
available to and occupied by persons of lower income, such as
loan guarantees.
(c) Projects funded by the housing revitalization program shall
be rental or owner-occupied single or multifamily housing.
(d) The housing rehabilitation program shall create affordable
housing in which rent levels are no higher than 30 percent of 80
percent of median income levels.
(2) Priority shall be given to projects applied for under
subsection (1) of this section that provide opportunities for low
and moderate income persons to own their housing units.
(3) Priority among rental housing projects shall be given to
projects applied for under subsection (1) of this section that:
(a) Have rent levels no higher than 30 percent of 50 percent of
the median income level, or less;
(b) Are owned and operated by a nonprofit or a governmental
unit; and
(c) Demonstrate a coordinated local effort to integrate
housing, job placement and social services.
(4) In implementing this section and ORS 458.305, the State
Housing Council shall work to assure a reasonable geographic
distribution of funds among different regions of the state and
shall place special emphasis on assuring that funds are available
to projects in rural areas.
[{[+[ NOTE:[+[} Corrects terminology.
SECTION 270. ORS 458.415 is amended to read:
458.415. In carrying out ORS [{[-[458.410[-[}
[{[+[458.405[+[} to 458.460, the state shall act by and through
its duly constituted board, commission or agency. The state by
statute or through its respective board, commission or agency,
may provide rules necessary to carry out ORS [{[-[458.410[-[}
[{[+[458.405[+[} to 458.460.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 271. ORS 458.610 is amended to read:
458.610. For purposes of ORS 458.600 to 458.650:
(1) 'Council' means the State Housing Council established in
ORS 456.567.
[{[+[ (2) 'Department' means the Housing and Community Services
Department established in ORS 456.555.[+[}
[{[-[(2)[-[} [{[+[(3)[+[} 'Disabled' means those persons
described as such by the Fair Housing Amendments Act of 1988.
[{[-[(3)[-[} [{[+[(4)[+[} 'Low income' means individuals or
households that receive more than 50 percent but less than 80
percent of the area median income as determined by the council
based on information from the United States Department of Housing
and Urban Development.
[{[-[(4)[-[} [{[+[(5)[+[} 'Organization' means a:
(a) Nonprofit corporation established under ORS chapter 65;
(b) Housing authority established under ORS 456.055 to
[{[-[456.230[-[} [{[+[456.235[+[}; or
(c) Local government as defined in ORS 197.015.
[{[-[(5)[-[} [{[+[(6)[+[} 'Very low income' means individuals
or households which receive less than 50 percent of the area
median income as determined by the council based on information
from the United States Department of Housing and Urban
Development.
[{[-[(6) 'Department' means the Housing and Community Services
Department established in ORS 456.555.[-[}
[{[+[ NOTE:[+[} Causes definitions to appear in alphabetical
order; corrects series reference.
SECTION 272. [{[+[ORS 459.209 is added to and made a part of
ORS 459.005 to 459.105.[+[}
[{[+[ NOTE:[+[} Clarifies series reference.
SECTION 273. ORS 459.298 is amended to read:
459.298. Subject to [{[-[approval by the Joint Committee on
Ways and Means during the legislative sessions or the Emergency
Board during the interim between sessions[-[} [{[+[ prior
approval of the Oregon Department of Administrative Services and
a report to the Emergency Board prior to adopting the
surcharge[+[}, the Environmental Quality Commission shall
establish by rule the amount of the surcharge to be collected
under ORS 459.297. The amount of the surcharge shall be based on
the costs to the State of Oregon and its political subdivisions
of disposing of solid waste generated out-of-state which are not
otherwise paid for under the provisions of ORS 459.235 and
459.297, 459.298, 459.411 to 459.417 and 459A.100 to 459A.120.
These costs may include but need not be limited to costs incurred
for:
(1) Solid waste management;
(2) Issuing new and renewal permits for solid waste disposal
sites;
(3) Environmental monitoring;
(4) Ground water monitoring; and
(5) Site closure and post-closure activities.
[{[+[ NOTE:[+[} Standardizes language for fee approval during
interim.
SECTION 274. ORS 459.335 is amended to read:
459.335. Notwithstanding any other provision of ORS 268.330 or
268.515 [{[-[or section 9, chapter 679, Oregon Laws 1985[-[} ,
the metropolitan service district shall use moneys collected by
the district as service or user fees for solid waste disposal for
activities of the metropolitan service district related to solid
waste and related planning, administrative and overhead costs of
the district.
[{[+[ NOTE:[+[} Reflects repeal of section 9, chapter 679,
Oregon Laws 1985.
SECTION 275. ORS 459A.025 is amended to read:
459A.025. (1) According to the requirements of ORS 183.310 to
183.550, the commission shall adopt rules and guidelines
necessary to carry out the provisions of ORS 459.005, 459.015,
459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to
459A.665, including but not limited to:
(a) Acceptable alternative methods for providing the
opportunity to recycle;
(b) Education, promotion and notice requirements, which
requirements may be different for disposal sites and collection
systems;
(c) Identification of the wastesheds within the state;
(d) Identification of the principal recyclable material in each
wasteshed;
(e) Guidelines for local government units and other persons
responsible for implementing the provisions of ORS 459.005,
459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and
459A.005 to 459A.665;
(f) Standards for the joint submission of the recycling report
required under ORS 459A.050 (1); and
(g) Subject to prior approval of the [{[-[appropriate
legislative agency[-[} [{[+[ Oregon Department of Administrative
Services and a report to the Emergency Board prior to adopting
the fee[+[}, the amount of an annual or permit fee or both under
ORS 459.235, 459.245 and 468.065 necessary to carry out the
provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1)
and (2), 459.995 and 459A.005 to 459A.665.
(2) In adopting rules or guidelines under this section, the
commission shall consider:
(a) The policy stated in ORS 459.015.
(b) Systems and techniques available for recycling, including
but not limited to existing recycling programs.
(c) Availability of markets for recyclable material.
(d) Costs of collecting, storing, transporting and marketing
recyclable material.
(e) Avoided costs of disposal.
(f) Density and characteristics of the population to be served.
(g) Composition and quantity of solid waste generated and
potential recyclable material found in each wasteshed.
[{[+[ NOTE:[+[} Standardizes language for fee approval during
interim.
SECTION 276. ORS 468.220 is amended to read:
468.220. (1) The department shall be the agency for the State
of Oregon for the administration of the Pollution Control Fund.
The department is hereby authorized to use the Pollution Control
Fund for one or more of the following purposes:
(a) To grant funds not to exceed 30 percent of total project
costs for eligible projects as defined in ORS 454.505 or sewerage
systems as defined in ORS 468B.005.
(b) To acquire, by purchase, or otherwise, general obligation
bonds or other obligations of any municipal corporation, city,
county, or agency of the State of Oregon, or combinations
thereof, issued or made for the purpose of paragraph (a) of this
subsection in an amount not to exceed 100 percent of the total
project costs for eligible projects.
(c) To acquire, by purchase, or otherwise, other obligations of
any city that are authorized by its charter in an amount not to
exceed 100 percent of the total project costs for eligible
projects.
(d) To grant funds not to exceed 30 percent of the total
project costs for facilities for the disposal of solid waste,
including without being limited to, transfer and resource
recovery facilities.
(e) To make loans or grants to any municipal corporation, city,
county, or agency of the State of Oregon, or combinations
thereof, for planning of eligible projects as defined in ORS
454.505, sewerage systems as defined by ORS 468B.005 or
facilities for the disposal of solid waste, including without
being limited to, transfer and resource recovery facilities.
Grants made under this paragraph shall be considered a part of
any grant authorized by paragraph (a) or (d) of this subsection
if the project is approved.
(f) To acquire, by purchase, or otherwise, general obligation
bonds or other obligations of any municipal corporation, city,
county, or agency of the State of Oregon, or combinations
thereof, issued or made for the purpose of paragraph (d) of this
subsection in an amount not to exceed 100 percent of the total
project costs.
(g) To advance funds by contract, loan or otherwise, to any
municipal corporation, city, county or agency of the State of
Oregon, or combination thereof, for the purpose of paragraphs (a)
and (d) of this subsection in an amount not to exceed 100 percent
of the total project costs.
(h) To pay compensation required by law to be paid by the state
for the acquisition of real property for the disposal by storage
of environmentally hazardous wastes.
(i) To dispose of environmentally hazardous wastes by the
Department of Environmental Quality whenever the department finds
that an emergency exists requiring such disposal.
(j) To acquire for the state real property and facilities for
the disposal by landfill, storage or otherwise of solid waste,
including but not limited to, transfer and resource recovery
facilities.
(k) To acquire for the state real property and facilities for
the disposal by incineration or otherwise of hazardous waste or
PCB.
(L) To provide funding for the Assessment Deferral Loan Program
Revolving Fund established in ORS 454.436.
(m) To provide funding for the Orphan Site Account established
in ORS 465.381 but only to the extent that the department
reasonably estimates that debt service from bonds issued to
finance such facilities or activities shall be fully paid from
fees collected pursuant to ORS 453.402 (2)(c), under ORS 459.236
and under ORS 465.101 to 465.131 for the purpose of providing
funds for the Orphan Site Account and other available funds, but
not from repayments of financial assistance under ORS 465.265 to
465.310 or from moneys recovered from responsible parties.
(n) To advance funds by contract, loan or otherwise, to any
municipal corporation, city, county or agency of this state, or
combination thereof, for facilities or activities related to
removal or remedial action of hazardous substances.
(o) To provide funding for the Water Pollution Control
Revolving Fund established under ORS 468.427, either as a grant
or an advance. If the funding provided is an advance, the
department shall establish the program described in ORS 468.433
[{[-[(5)[-[} [{[+[(2)[+[} to pay the bonds that funded the
advance.
(p) To fund loans to or buy debt obligations of a public
agency, as defined in ORS 468.423, that finance the costs of
treatment works, as defined in ORS 468.423, which are funded in
part through the Water Pollution Control Revolving Fund.
(2) The facilities referred to in subsection (1)(a) to (c) of
this section shall be only such as conservatively appear to the
department to be not less than 70 percent self-supporting and
self-liquidating from revenues, gifts, grants from the Federal
Government, user charges, assessments and other fees.
(3) The facilities referred to subsection (1)(d), (f) and (g)
of this section shall be only such as conservatively appear to
the department to be not less than 70 percent self-supporting and
self-liquidating from revenues, gifts, grants from the Federal
Government, user charges, assessments and other fees.
(4) The real property and facilities that receive funding under
subsection (1)(j), (k), (o) and (p) of this section shall be only
such as conservatively appear to the department to be not less
than 70 percent self-supporting and self-liquidating from
revenues, gifts, grants from the Federal Government, user
charges, assessments and other fees.
(5) The department may sell or pledge any bonds, notes or other
obligations acquired under subsection (1)(b) of this section.
(6) Before making a loan or grant to or acquiring general
obligation bonds or other obligations of a municipal corporation,
city, county or agency for facilities for the disposal of solid
waste or planning for such facilities, the department shall
require the applicant to demonstrate that it has adopted a solid
waste management plan that has been approved by the department.
The plan must include a waste reduction program.
(7) Any grant authorized by this section shall be made only
with the prior review of the Joint Committee on Ways and Means
during the legislative sessions or the Emergency Board during the
interim period between sessions.
(8) The department may assess those entities to whom grants and
loans are made under this section to recover expenses incurred in
administering this section.
[{[+[ NOTE:[+[} Reflects renumbering in ORS 468.433.
SECTION 277. [{[+[ORS 468.423 to 468.440 is added to and made a
part of ORS chapter 468.[+[}
[{[+[ NOTE:[+[} Clarifies series reference to pick up
definitions for chapter.
SECTION 278. ORS 468.423 is amended to read:
468.423. As used in ORS 468.423 to 468.440:
[{[-[(1) 'Commission' means the Environmental Quality
Commission.[-[}
[{[-[(2) 'Department' means the Department of Environmental
Quality.[-[}
[{[-[(3) 'Director' means the Director of the Department of
Environmental Quality or the director's designee.[-[}
[{[-[(4)[-[} [{[+[(1)[+[} 'Fund' means the Water Pollution
Control Revolving Fund established under ORS 468.427.
[{[-[(5)[-[} [{[+[(2)[+[} 'Public agency' means any state
agency, incorporated city, county, sanitary authority, county
service district, sanitary district, metropolitan service
district or other special district authorized or required to
construct water pollution control facilities.
[{[-[(6)[-[} [{[+[(3)[+[} 'Treatment works' means:
(a) The devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature, necessary to recycle or reuse water at
the most economical cost over the estimated life of the works. '
Treatment works' includes:
(A) Intercepting sewers, outfall sewers, sewage collection
systems, pumping power and other equipment, and any appurtenance,
extension, improvement, remodeling, addition or alteration to the
equipment;
(B) Elements essential to provide a reliable recycled water
supply including standby treatment units and clear well
facilities; and
(C) Any other acquisitions that will be an integral part of the
treatment process or used for ultimate disposal of residues
resulting from such treatment, including but not limited to land
used to store treated waste water in land treatment systems prior
to land application.
(b) Any other method or system for preventing, abating,
reducing, storing, treating, separating or disposing of municipal
waste, storm water runoff, industrial waste or waste in combined
storm water and sanitary sewer systems.
(c) Any other facility that the commission determines a public
agency must construct or replace in order to abate or prevent
surface or ground water pollution.
[{[+[ NOTE:[+[} Deletes duplicate definitions.
SECTION 279. ORS 468.429 is amended to read:
468.429. (1) The Department of Environmental Quality shall use
the moneys in the Water Pollution Control Revolving Fund to
provide financial assistance:
(a) To public agencies for the construction or replacement of
treatment works.
(b) For the implementation of a management program established
under section 319 of the federal Water Quality Act of 1986
relating to the management of nonpoint sources of pollution.
(c) For development and implementation of a conservation and
management plan under section 320 of the federal Water Quality
Act of 1986 relating to the national estuary program.
(2) The department may also use the moneys in the Water
Pollution Control Revolving Fund for the following purposes:
(a) To buy or refinance the treatment works' debt obligations
of public agencies if such debt was incurred after March 7, 1985.
(b) To guarantee, or purchase insurance for, public agency
obligations for treatment works' construction or replacement if
the guarantee or insurance would improve credit market access or
reduce interest rates, or to provide loans to a public agency for
this purpose.
(c) To pay the expenses of the department in administering the
Water Pollution Control Revolving Fund, to make transfers to the
Water Pollution Control Administration Fund, or to pay other
departmental costs including expenses of the program described in
ORS 468.433 [{[-[(5)[-[} [{[+[(2)[+[}.
(3) If amounts are advanced to the Water Pollution Control
Revolving Fund from the Pollution Control Fund under ORS 468.220
(1), the department shall transfer from the Water Pollution
Control Revolving Fund to the Pollution Control Sinking Fund
amounts sufficient to pay the bonds that funded the advance.
[{[+[ NOTE:[+[} Reflects renumbering in ORS 468.433.
SECTION 280. ORS 468.431 is amended to read:
468.431. (1) The Water Pollution Control Administration Fund is
established separate and distinct from the General Fund in the
State Treasury. Moneys in the Water Pollution Control
Administration Fund are appropriated continuously to the
Department of Environmental Quality to be used for the payment of
costs of administering the Water Pollution Control Revolving
Fund, including all costs of staffing for the program described
in ORS 468.433 [{[-[(5)[-[} [{[+[(2)[+[} and all costs of
making loans from the Water Pollution Control Revolving Fund and
collecting loan payments.
(2) The Water Pollution Control Administration Fund shall
consist of:
(a) Any administrative fee levied by the department in
conjunction with administration of the Water Pollution Control
Revolving Fund.
(b) Any transfers to the Water Pollution Control Administration
Fund from the Water Pollution Control Revolving Fund.
(c) Any loans made from the Water Pollution Control Revolving
Fund.
(d) Any other revenues derived from gifts, grants or bequests
pledged to the state for the purpose of administering the Water
Pollution Control Revolving Fund.
(3) The State Treasurer may invest and reinvest moneys in the
Water Pollution Control Administration Fund in the manner
provided by law. All earnings from such investment and
reinvestment shall be credited to the Water Pollution Control
Administration Fund.
[{[+[ NOTE:[+[} Reflects renumbering in ORS 468.433.
SECTION 281. ORS 468.433 is amended to read:
468.433. [{[+[(1)[+[} In administering the Water Pollution
Control Revolving Fund, the department shall:
[{[-[(1)[-[} [{[+[(a)[+[} Allocate funds for loans in
accordance with procedures adopted by rule by the commission.
[{[-[(2)[-[} [{[+[(b)[+[} Use accounting, audit and fiscal
procedures that conform to generally accepted government
accounting standards.
[{[-[(3)[-[} [{[+[(c)[+[} Prepare any reports required by the
Federal Government as a condition to awarding federal
capitalization grants.
[{[-[(4)[-[} [{[+[(d)[+[} Seek to maximize the ability of the
Water Pollution Control Revolving Fund to operate on a
self-sustaining basis and maintain a perpetual source of
treatment works financing.
[{[-[(5)[-[} [{[+[(2)[+[} If amounts are advanced to the
Water Pollution Control Revolving Fund from the Pollution Control
Fund under ORS 468.220 (1), the department shall develop and
administer a program designed to loan amounts in the Water
Pollution Control Revolving Fund to public agencies, so the loan
repayments are sufficient to pay the bonds that funded the
advance, and to further the policies established in ORS 468.425.
In connection with the program, the department may:
(a) Establish one or more accounts in the Water Pollution
Control Revolving Fund, make covenants for the benefit of
bondowners regarding the deposit of amounts into those accounts
and the use of amounts in those accounts and pledge or reserve
all or a portion of the amounts in the Water Pollution Control
Revolving Fund to pay bonds issued to fund advances to the Water
Pollution Control Revolving Fund under ORS 468.220 (1).
(b) Establish requirements for loans made from the Water
Pollution Control Revolving Fund to assure that:
(A) Adequate funds are available in the Water Pollution Control
Revolving Fund to permit payment of bonds that funded advances to
the Water Pollution Control Revolving Fund; and
(B) Adequate funds will be available in the Water Pollution
Control Administration Fund to pay for costs of the program and
costs of operating the Water Pollution Control Revolving Fund.
(c) Exercise any remedies available to the department in
connection with defaults on loans of advanced funds to public
agencies.
(d) Take any other action reasonably necessary to develop the
program and provide for the payment of bonds issued to fund
advances to the Water Pollution Control Revolving Fund.
[{[-[(6)[-[} [{[+[(3)[+[} The department may make loans to
finance treatment works that are funded in part from advances or
grants to the Water Pollution Control Revolving Fund, and in part
from funds available under ORS 468.220 (1). These loans may have
a blended interest rate that reflects their different sources of
funding, and repayments of these loans may be allocated
proportionally between the Water Pollution Control Revolving Fund
and the Pollution Control Sinking Fund.
[{[+[ NOTE:[+[} Conforms structure to legislative form and
style.
SECTION 282. ORS 468.440 is amended to read:
468.440. (1) The Environmental Quality Commission shall
establish by rule policies for establishing loan terms and
interest rates for loans made from the Water Pollution Control
Revolving Fund that assure that the objectives of ORS 468.423 to
468.440 are met and that adequate funds are maintained in the
Water Pollution Control Revolving Fund to meet future needs. In
establishing the policy, the commission shall take into
consideration at least the following factors:
(a) The capability of the project to enhance or protect water
quality.
(b) The ability of a public agency to repay a loan.
(c) Current market rates of interest.
(d) The size of the community or district to be served by the
treatment works.
(e) The type of project financed.
(f) The ability of the applicant to borrow elsewhere.
(g) Whether advances have been made to the Water Pollution
Control Revolving Fund from the Pollution Control Fund that must
be repaid to the Pollution Control Sinking Fund.
(2) The commission may establish an interest rate ranging from
zero to the market rate. The term of a loan may be for any period
not to exceed 20 years.
(3) The commission may adopt rules to implement the program to
loan amounts in the Water Pollution Control Revolving Fund to
public agencies as set forth under ORS 468.433 [{[-[(5)[-[}
[{[+[(2)[+[}.
(4) The commission shall adopt by rule any procedures or
standards necessary to carry out the provisions of ORS 468.423 to
468.440.
[{[+[ NOTE:[+[} Reflects renumbering in ORS 468.433.
SECTION 283. [{[+[ORS 468.685 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provision.
SECTION 284. [{[+[ORS 468A.425, 468A.430, 468A.435, 468A.440,
468A.445 and 468A.450 are repealed.[+[}
[{[+[ NOTE:[+[} Repeals emission fee provisions declared
unconstitutional by Oregon Supreme Court.
SECTION 285. ORS 468A.615 is amended to read:
468A.615. (1)(a) On or before April 1 of each year, the grower
of a grass seed crop shall register with the county court or
board of county commissioners, the fire chief of a rural fire
protection district, the designated representative of the fire
chief or other responsible persons the number of acres to be open
burned or propane flamed in the remainder of the year. At the
time of registration, the Department of Environmental Quality
shall collect a nonrefundable fee of $2 per acre registered to be
sanitized by open burning or $1 per acre to be sanitized by
propane flaming. The department may contract with counties and
rural fire protection districts or other responsible persons for
the collection of the fees which shall be forwarded to the
department. Any person registering after April 1 of each year
shall pay an additional fee of $1 per acre registered if the late
registration is due to the fault of the late registrant or one
under the control of the late registrant. Late registrations must
be approved by the department. Copies of the registration form
shall be forwarded to the department. The required registration
must be made and the fee paid before a permit shall be issued
under ORS 468A.575.
(b) Except as provided in paragraph (d) of this subsection, the
department shall collect a fee in accordance with paragraph (c)
of this subsection for issuing a permit for open burning, propane
flaming or stack or pile burning of perennial or annual grass
seed crop or cereal grain crop residue under ORS 468A.555 to
468A.620. The department may contract with counties and rural
fire protection districts or other responsible persons for the
collection of the fees which shall be forwarded to the
department.
(c) The fee required under paragraph (b) of this
[{[-[section[-[} [{[+[subsection[+[} shall be paid within 10 days
after a permit is issued and shall be:
(A) $8 per acre of crop sanitized by open burning in the
counties specified in ORS 468A.595 (2);
(B) $4 per acre of perennial or annual grass seed crop
sanitized by open burning in any county not specified in ORS
468A.595 (2);
(C) $2 per acre of crop sanitized by propane flaming;
(D) For acreage from which 100 percent of the straw is removed
and burned in stacks or piles:
(i) $2 per acre from January 1, 1992, to December 31, 1997;
(ii) $4 per acre in 1998;
(iii) $6 per acre in 1999;
(iv) $8 per acre in 2000; and
(v) $10 per acre in 2001 and thereafter; and
(E) For acreage from which less than 100 percent of the straw
is removed and burned in stacks or piles, the same per acre as
the fee imposed under subparagraph (D) of this paragraph, but
with a reduction in the amount of acreage for which the fee is
charged by the same percentage as the reduction in the amount of
straw to be burned.
(d) The fee required by paragraph (b) of this subsection shall
not be charged for any acreage where efficient burning of stubble
is accomplished with equipment certified by the department for
field sanitizing purposes or with any other certified alternative
method to open field burning, propane flaming or stack or pile
burning. The fee required by paragraph (b) of this subsection
shall not be charged for any acreage not harvested prior to
burning or for any acreage not burned.
(2) All fees collected under this section shall be deposited in
the State Treasury to the credit of the Department of Agriculture
Service Fund. Such moneys are continuously appropriated to the
State Department of Agriculture for the purpose of carrying out
the duties and responsibilities carried out by the State
Department of Agriculture pursuant to the memorandum of
understanding established under ORS 468A.585.
(3) It is the intention of the Legislative Assembly that the
programs for smoke management, air quality monitoring and the
enforcement of rules under ORS 468A.550 to 468A.620 be operated
in a manner that maximizes the resources available for the
research and development program. Therefore, with regard to the
disbursement of funds collected under subsection (1) of this
section, the Department of Environmental Quality shall act in
accordance with the intent of the Legislative Assembly and shall:
(a) Pay an amount to the county or board of county
commissioners or the fire chief of the rural fire protection
district or other responsible person, for each fire protection
district, $1 per acre registered for each of the first 5,000
acres registered for open field burning and propane flaming in
the district, 75 cents per acre registered for each of the second
5,000 acres registered in the district and 35 cents per acre
registered for all acreage registered in the district in excess
of 10,000 acres, to cover the cost of and to be used solely for
the purpose of administering the program of registration of
acreage to be burned, issuance of permits, keeping of records and
other matters directly related to agricultural field burning. For
each acre from which straw is removed and burned in stacks or
piles, the department shall pay to the county or board of county
commissioners, or the fire chief of the rural fire protection
district or other responsible person, 25 cents per acre.
(b) Designate an amount to be used for the smoke management
program. The department by contract with the Oregon Seed Council
or otherwise shall organize rural fire protection districts and
growers, coordinate and provide communications, hire ground
support personnel, provide aircraft surveillance and provide such
added support services as are necessary.
(c) Retain funds for the department for the operation and
maintenance of the Willamette Valley field burning air quality
impact monitoring network and to insure adequate enforcement of
rules established by the Environmental Quality Commission
governing standards of practice for open field burning, propane
flaming and stack or pile burning.
(d) Of the remaining funds, designate an amount to be used for
additional funding for research and development proposals
described in the plan developed pursuant to section 15, chapter
920, Oregon Laws 1991.
(e) Before January 1, 1994, with the State Department of
Agriculture and in consultation with the Oregon Seed Council and
other affected parties, adopt a simplified, flexible system to
register acreage under subsection (1) of this section that allows
for registration of the total number of acres to be open burned
or propane flamed.
[{[+[ NOTE:[+[} Conforms terminology to legislative form and
style.
SECTION 286. [{[+[ORS 468B.420 is added to and made a part of
ORS 468B.300 to 468B.500.[+[}
[{[+[ NOTE:[+[} Adds statute to correct series.
SECTION 287. [{[+[ORS 469.157 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes outdated provision.
SECTION 288. ORS 469.370 is amended to read:
469.370. (1) The Energy Facility Siting Council shall hold a
public hearing in the affected area and elsewhere, as it deems
necessary, on the application for a site certificate. After the
public hearing and after reviewing the application and consulting
with other agencies, the department shall issue a proposed order
approving or rejecting the application. Upon the request made by
any person within 30 days after the department issues the
proposed order, the council shall conduct a contested case
hearing in accordance with the applicable provisions of ORS
183.310 to
[{[-[183.500[-[} [{[+[183.550[+[} and any procedures adopted by
the council. Except as provided in ORS 183.482 (5), an issue of
fact that may be the basis for judicial review must be raised not
later than the close of the record at or following the final
evidentiary hearing on the proposal before the council. Such
issues shall be raised with sufficient specificity to afford the
council or hearing official and the parties an adequate
opportunity to respond to each issue. At the conclusion of the
hearings, or, if a contested case hearing is not requested,
within 60 days after the department issues a proposed order, the
council shall issue a final order, either approving or rejecting
the application based upon the standards adopted under ORS
469.501 and 469.503 and any additional statutes, rules or local
ordinances determined to be applicable to the facility. The
council shall make its decision by the affirmative vote of at
least four members approving or rejecting any application for a
certificate. If a contested case hearing is not requested and the
council amends the department's proposed order, upon the request
made by any person within 21 days after the council issues its
order, the council shall hold a contested case hearing in
accordance with the applicable provisions of ORS 183.310 to
[{[-[183.500[-[} [{[+[183.550[+[} and any procedures adopted by
the council. The issues at the hearing shall be limited to those
raised by the council's changes to the department's proposed
order. If a contested case hearing is not requested, the
council's order shall become final 21 days after it is issued.
(2) Rejection or approval of an application, together with any
conditions that may be attached to the certificate, shall be
subject to judicial review as provided in ORS 469.403.
(3) The council shall either approve or reject an application
for a site certificate:
(a) Within 24 months after filing an application for a nuclear
installation, or for a thermal power plant, other than that
described in paragraph (b) of this subsection, with a name plate
rating of more than 200,000 kilowatts;
(b) Within nine months after filing of an application for a
site certificate for a combustion turbine power plant, a
geothermal-fueled power plant or an underground storage facility
for natural gas;
(c) Within six months after filing an application for a site
certificate for an energy facility, if the application is:
(A) To expand an existing industrial facility to include an
energy facility;
(B) To expand an existing energy facility to achieve a nominal
electric generating capacity of between 25 and 50 megawatts; or
(C) To add injection or withdrawal capacity to an existing
underground gas storage facility; or
(d) Within 12 months after filing an application for a site
certificate for any other energy facility.
(4) At the request of the applicant, the council shall allow
expedited processing of an application for a site certificate for
an energy facility with a generating capacity of greater than 25
megawatts but less than 100 megawatts. No notice of intent shall
be required and the council shall either approve or reject an
application for a site certificate within six months after filing
the site certificate application.
(5) Failure of the council to comply with the deadlines set
forth in subsection (3) or (4) of this section shall not result
in the automatic issuance or denial of a site certificate.
(6) The council shall specify in the site certificate a date by
which construction of the facility must begin. Except for the
portion of output to be used by the applicant, before
construction begins, a site certificate for a thermal power plant
shall require a sales contract with an energy supplier or
combination of energy suppliers for at least 80 percent of the
output from the facility.
(7) For an energy facility with a nominal electric generating
capacity of less than 100 megawatts that uses exclusively wind,
solar or geothermal resources and that is subject to and has been
or will be reviewed by a federal agency under the National
Environmental Policy Act, 42 U.S.C. Section 4321, et seq., the
council shall conduct its site certificate review, to the maximum
extent feasible, in a manner that is consistent with and does not
duplicate the federal agency review. Such coordination shall
include, but need not be limited to:
(a) Elimination of duplicative application, study and reporting
requirements;
(b) Council use of information generated and documents prepared
for the federal agency review;
(c) Development with the federal agency and reliance on a joint
record to address applicable council standards;
(d) Whenever feasible, joint hearings, issuance of a site
certificate decision in a time frame consistent with the federal
agency review; and
(e) To the extent consistent with applicable state standards,
establishment of conditions in any site certificate that are
consistent with the conditions established by the federal agency.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 289. ORS 469.681 is amended to read:
469.681. (1) Each petroleum supplier shall pay to the
department annually [{[-[,[-[} its share of an assessment to
fund:
(a) Information, assistance and technical advice required of
fuel oil dealers under ORS 469.675 for which the director
contracts under ORS 469.677; and
(b) Cash payments to a dwelling owner or contractor for energy
conservation measures.
(2) The amount of the assessment required by subsection (1) of
this section shall be determined by the director in a manner
consistent with the method prescribed in ORS 469.421. The
aggregate amount of the assessment shall not exceed $400,000. In
making this assessment, the director shall exclude all gallons of
distillate fuel oil sold by petroleum suppliers that are subject
to the requirements of section 3, Article IX of the Oregon
Constitution, ORS 319.020 or 319.530.
(3) If any petroleum supplier fails to pay any amount assessed
to it under this section within 30 days after the payment is due,
the Attorney General, on behalf of the department, may institute
a proceeding in the circuit court to collect the amount due.
(4) Interest on delinquent assessments shall be added to and
paid at the rate of one and one-half percent of the payment due
per month or fraction of a month from the date the payment was
due to the date of payment.
(5) The assessment required by subsection (1) of this section
is in addition to any assessment required by ORS 469.421 (8), and
any other fee or assessment required by law.
(6) As used in this section, 'petroleum supplier' means a
petroleum refiner in this state or any person engaged in the
wholesale distribution of distillate fuel oil in the State of
Oregon.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 290. ORS 478.225 is amended to read:
478.225. (1) This section establishes the procedure for
determining either of the following questions:
(a) Whether subdistricts should be created in a district for
the purpose of nominating or electing two or more directors.
(b) Whether the method established in a district for nominating
and electing directors should be changed to another method.
(2) A question under this section shall be decided by election.
The district board shall order an election when a petition is
filed as provided in this section.
(3) 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.
(4) If the question proposes creation of subdistricts or a
change in the boundaries or the number of existing subdistricts,
the following requirements shall apply:
(a) The petition shall contain a map indicating the proposed
subdistrict 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 [{[-[of chief
purpose[-[} [{[+[summarizing the measure and its major
effect[+[} in the ballot title shall not exceed 150 words.
(c) The following apply to the statement [{[-[of chief
purpose[-[} [{[+[ summarizing the measure and its major
effect[+[} in the ballot title:
(A) The statement shall specify the method of nomination and
election of directors from among the methods described in ORS
478.221.
(B) The statement 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
subdistrict or only for a candidate from the subdistrict in which
the elector resides.
(C) If the method for nominating directors combines nomination
of candidates from and by subdistricts and nomination of
candidates at large, the statement shall specify the number of
candidates to be nominated in each manner. The statement shall
include a general description of the proposed boundaries of the
subdistricts, using streets and other generally recognized
features.
(d) The order calling the election shall contain a map of the
proposed subdistrict boundaries and a metes and bounds or legal
description of the proposed subdistrict 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 (7) of this section.
(5) The map to be contained in the petition under subsection
(4) 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.
(6) Subsection (4) of this section does not apply if the
question proposes abolition of all subdistricts.
(7) If the district board determines or adjusts the boundaries
of the subdistricts under ORS 478.228 before submitting the
question under this section, the district board shall amend the
ballot title as necessary to reflect its adjustment of the
boundaries.
(8) If the electors of the district approve the creation of
subdistricts, or a change in the boundaries or the number of
existing subdistricts, directors then holding office shall
continue to serve until their terms of office expire. As
vacancies occur, positions to be filled by nomination or election
by subdistrict shall be filled by persons who reside within
subdistricts which are not represented on the board. If more than
one subdistrict is not represented on the board when a vacancy
occurs, the subdistrict entitled to elect a director shall be
decided by lot.
[{[+[ NOTE:[+[} Conforms language with that in ORS 250.035.
SECTION 291. [{[+[ORS 479.870 is added to and made a part of
ORS 479.510 to 479.945.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 292. ORS 480.350 is amended to read:
480.350. (1) Except as provided in ORS 480.355, a nonretail
facility shall not operate without a license issued under this
section.
(2) The State Fire Marshal shall issue a nonretail facility
license to a person if the person submits an application to the
State Fire Marshal [{[+[on a form approved by the State Fire
Marshal[+[} for each nonretail facility and the application
includes:
(a) A statement that the applicant will comply with the
requirements of ORS 480.345;
(b) A copy of the form that will be used by the applicant as
the agreement required under ORS 480.345 between the applicant
and nonretail customers permitted to dispense fuel at the
nonretail facility;
(c) A sworn statement, as defined in ORS [{[-[162.075[-[}
[{[+[162.055[+[}, that information supplied in the application is
true and correct; [{[+[ and[+[}
(d) An application fee of $250[{[+[.[+[} [{[-[; and[-[}
[{[-[(e) The application is on a form approved by the State
Fire Marshal.[-[}
(3) The applicant for a nonretail facility license shall bear
the burden of proof that the requirements of this section and of
any rules of the State Fire Marshal adopted to implement this
section are satisfied.
(4) In addition to any license or renewal fees, a licensee
shall pay an annual fee of $5 for each nonretail customer that
enters into a written agreement with the owner or operator of the
nonretail facility under ORS 480.345.
(5) A license issued under this section shall be valid for a
period of one year from the date of issuance.
(6) A license may be renewed upon payment to the State Fire
Marshal of an annual license renewal fee of $250.
(7) All fees received by the State Fire Marshal pursuant to
this section shall be deposited with the State Treasurer and
shall be placed in the State Fire Marshal Fund.
[{[+[ NOTE:[+[} Corrects ORS reference; corrects structure.
SECTION 293. ORS 480.436 is amended to read:
480.436. (1) The annual fee for the LP gas installation license
shall be $55 [{[-[each year[-[} , except when the LP gas
operation is conducted by business firms located outside the
state, in which case the annual fee shall be $220.
(2) The annual fee for an LP gas fitter license or an LP gas
truck equipment license shall be $5.
(3) All licenses shall be renewed on or before a date each year
specified by the State Fire Marshal. Unless revoked or suspended
by the State Fire Marshal for failure to comply with the
provisions of ORS 480.410 to 480.460, a license shall continue in
force for one year from the date of issuance and shall not be
transferable. The State Fire Marshal, by rule, may establish a
system for staggered license expiration dates, which includes
prorated fees for periods of less than one year.
(4) If the fees provided for in this section are due and
payable and are not paid within 30 days after service of written
notice by the State Fire Marshal therefor, the fees shall be
delinquent; and a penalty equal to the amount of the fee hereby
is imposed for such delinquency.
[{[+[ NOTE:[+[} Deletes redundant phrase.
SECTION 294. ORS 480.450 is amended to read:
480.450. (1) The State Fire Marshal shall be notified prior to
the 15th of each month by the installer of all new installations
made during the preceding month of containers or receptacles for
liquid petroleum gas, including installations for private homes
and apartments. The installer shall certify on a form provided by
the State Fire Marshal that all such new installations are duly
and properly reported. The State Fire Marshal may require that
the notification include the location and description of the
installation and the name of the user. All fees due and payable
shall accompany the notification. The replacement of empty
containers or receptacles with other containers constructed in
accordance with Interstate Commerce Commission specifications
shall not be considered such new installation or change in the
original installation as to require notification to the State
Fire Marshal or necessitate further inspection of the
installation. The State Fire Marshal shall collect from the
installer an installation fee of $14 for an installation of a
tank of more than 1,000 gallons capacity and $8 for an
installation of a tank with a capacity of 1,000 gallons or less
or all tanks at the installation if the total combined capacity
is 200 gallons or less. The State Fire Marshal or deputies of the
fire marshal or assistants shall inspect a reasonable number of
such installations and maintain a record of these inspections in
the office of the State Fire Marshal.
(2) After the initial installation, liquid petroleum gas
containers may be inspected once every 10 years except when
changes have been made in the original installation. The State
Fire Marshal shall be notified of such changes in the same manner
provided in this section for new installations. The State Fire
Marshal shall collect from the owner a fee of $14 for the
inspection of each container. The manner of inspection,
requirement of corrections, satisfaction of such requirements and
collection of fees due and payable shall be in conformity with
the provisions of ORS 480.410 to 480.460 for new installations.
LP gas installation licensees shall furnish a list of the
locations of 10-year old installations which they service upon
request of the State Fire Marshal.
(3) When, upon inspection of any tank, the new installation
does not comply with the requirements of the State Fire
Marshal[{[+[,[+[} the State Fire Marshal shall instruct the
installer as to what corrections are necessary for compliance
with the State Fire Marshal's requirements. The installer of the
new installation shall, within the time set by the State Fire
Marshal which in no case shall be more than 60 days after
notification, notify the State Fire Marshal that the new
installation complies with the requirements of the fire marshal.
If the installer so fails to notify the State Fire Marshal, or
the State Fire Marshal has reason to believe that the corrections
have not been made, the State Fire Marshal shall reinspect the
new installation and shall collect from the installer an
additional fee of $10. The installer shall not be held
responsible for the payment of such additional fee resulting from
actions of the user which require correction to achieve
compliance with the requirements of the State Fire Marshal. In
such a case the user shall pay the additional fee.
(4) No person, after notice from the State Fire Marshal, shall
fail to correct any improper installation within the time set by
the State Fire Marshal which in no case shall be more than 60
days after receiving such notice.
(5) If the fees provided for in this section are due and
payable and are not paid within 30 days after service of written
notice by the State Fire Marshal therefor, or if the installer
fails to notify the State Fire Marshal by the 15th of the month
succeeding the month a new installation is made or a change is
made requiring an inspection, the fees shall be delinquent; and a
penalty equal to the amount of the fee hereby is imposed for such
delinquency. All fees and penalties shall be collected by the
State Fire Marshal in the name of the State of Oregon in the same
manner that other debts are collected.
(6) The provisions of this section shall not apply to liquid
petroleum gas installations made entirely within the jurisdiction
of a governmental subdivision granted the exemption provided by
ORS 476.030 (3) and when written evidence of the licensing of
such installation by the approved authority is submitted to the
State Fire Marshal. The provisions of this section shall not
apply to LP gas installations when made in manufactured dwellings
or recreational vehicles that are constructed or altered in
accordance with applicable rules of the Department of Consumer
and Business Services.
[{[+[ NOTE:[+[} Corrects punctuation in subsection (3).
SECTION 295. ORS 508.718 is amended to read:
508.718. (1) The Legislative Assembly finds that protecting the
natural runs and genetic diversity of anadromous fish is
essential to the long-term health of Oregon's natural resources
and sport and commercial fisheries.
(2) Not later than January 1, 1990, the [{[+[State[+[}
Department [{[+[of Fish and Wildlife[+[} shall:
(a) Develop and implement monitoring programs, consistent with
ORS 508.715 (8) at a minimum level necessary to determine the
proportion of straying of hatchery fish into the spawning beds of
natural and hatchery produced native stocks of salmon.
(b) Utilizing the best available scientific evidence, adopt
rules, after public hearing, that determine the proportion of
straying that by indicator stock is likely to cause deterioration
of the genetic diversity and habitat necessary to maintain
long-term species viability or that causes a deterioration of
natural or native stocks of salmon.
(3) The Legislative Assembly further finds that private
hatcheries are a significant part of Oregon's salmon resource and
that the Legislative Assembly relies on the commission to monitor
and regulate private hatcheries in a way that will optimize their
long-term contribution to Oregon's salmon resource in conformity
with the findings under subsection (1) of this section.
[{[+[ NOTE:[+[} Clarifies reference to state agency.
SECTION 296. ORS 508.808 is amended to read:
508.808. (1) In order to be eligible to renew the vessel permit
in any subsequent year, an individual is not required to renew
the boat license as provided in ORS 508.807 or any other calendar
year if:
(a) There did not exist an ocean troll salmon season of more
than 20 days' duration in the management area adjacent to the
port where the vessel for which the boat license is issued lands
fish; and
(b) The vessel landed fish in no other port during the
preceding three years in which an ocean troll salmon season of
more than 20 days' duration existed in the management area
adjacent to that port.
(2) Notwithstanding ORS 508.807 or 508.816, an individual who
renewed the boat license as required by ORS 508.807 during
calendar year 1992 or other subsequent year but did not fish
shall have those fees paid for the boat license applied to the
fees to be paid in the next calendar year if:
(a) There did not exist in 1992 or other subsequent year an
ocean troll salmon season of more than 20 days' duration in the
management area adjacent to the port [{[-[when[-[}
[{[+[where[+[} the vessel for which the boat license is issued
lands fish; and
(b) The vessel landed fish in no other port during the
preceding three years in which an ocean troll salmon season of
more than 20 days' duration existed in the management area
adjacent to that port.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 297. ORS 517.800 is amended to read:
517.800. (1) Except for an application for a chemical process
mining operation submitted under ORS 517.952 to 517.987, each
application for an operating permit under ORS 517.702 to 517.987
shall be accompanied by a fee established by the State Geologist
in an amount not to exceed $675.
(2)(a) Annually on the anniversary date of each such operating
permit, each holder of an operating permit shall pay to the
department a fee established by the State Geologist in an amount
not to exceed $525.
(b) In addition to the fee prescribed in paragraph (a) of this
subsection, the department may charge an additional amount not to
exceed $150 for inspections made at sites:
(A) Where surface mining was conducted without the permit
required by ORS 517.790;
(B) Where surface mining has been abandoned; or
(C) Where surface mining was conducted in an area not described
in the surface mining permit.
(3) If a reclamation plan is changed to address significant
revision or intensification, the permittee may be assessed for
staff time and other related costs an amount not to exceed $400
in addition to the annual renewal fee.
(4) If, at operator request, the State Department of Geology
and Mineral Industries responds to requests for information
required by a local government in weighing [{[-[Goal 5[-[}
[{[+[a land use planning goal that protects open spaces, scenic
and historic areas and natural resources[+[} on behalf of the
operator for a specific site, the applicant may be assessed for
department staff time and costs.
[{[+[ NOTE:[+[} Eliminates land use jargon.
SECTION 298. ORS 517.950 is amended to read:
517.950. (1) Notwithstanding ORS 517.810, for the purposes of
ORS [{[-[517.910 to 517.987[-[} [{[+[517.905 to 517.951[+[} the
bond or security deposit required [{[-[by ORS 517.702 to
517.987[-[} shall not exceed $10,000 per acre of land to be
surface mined under the terms of the operating permit.
(2) The department may increase the amount of the bond or
security required under subsection (1) of this section to an
amount not to exceed the lower of actual cost of reclamation or
$100,000 per acre of land to be mined under the terms of the
operating permit if the operating permit applies to extraction,
processing or beneficiation techniques the result of which:
(a) Will increase the concentration of naturally occurring
hazardous or toxic metals and minerals identified by the board
under ORS 517.840 to a significantly higher level than that
occurring naturally within the permit area; and
(b) Is reasonably likely to present a threat to public health,
safety or the environment.
(3) The increased bond or security deposit under subsection (2)
of this section may be required only when the department
determines that a threat to surface or subsurface waters is
reasonably likely to exist as a result of the permitted activity.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 299. ORS 527.260 is amended to read:
527.260. (1) No person shall willfully and unlawfully[{[+[:[+[}
[{[-[;[-[}
(a) Bore or cut any forest tree belonging to another for the
purpose of extracting pitch;
(b) Cut, injure or deface any such tree for the purpose of
taking any part of it; or
(c) Injure or destroy any such tree.
(2) The State Forester, with the consent of the owner of the
land, shall issue permits for the extraction of pitch from forest
trees. The terms of the permits shall clearly describe the area
to which the extraction shall be confined and state the
precautions necessary, in the judgment of the State Forester, to
be taken by the permittee, so that the extraction will not result
in an increased fire hazard to life and adjoining property.
(3) No person shall:
(a) Bore or cut any forest tree for the purpose of extracting
pitch without having first obtained a permit to do so; or
(b) Willfully or negligently fail to comply with the terms of
the permit.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 300. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the board shall adopt, in
accordance with applicable provisions of ORS 183.310 to 183.550,
rules to be administered by the State Forester establishing
standards for forest practices in each region or subregion.
(2) The rules shall assure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS [{[-[468B.005 to
468B.110, 468B.185, 468B.300, 468B.335 and[-[} [{[+[chapters
468A and 468B and ORS[+[} 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134, 501.005 to 501.540 and
ORS chapters 496, 498, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.475 to 358.565, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591, 307.550, 307.560 and
541.700 to 541.990;
(g) Federal Safe Drinking Water Act programs administered by
the Health Division under ORS 448.273 to 448.990;
(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591,
307.550 and 307.560;
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308.740 to 308.790;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630. The State Forestry Department shall enter into
agreements with appropriate state agencies for joint monitoring
of the effectiveness of forest practice rules in protecting
forest resources and water quality.
(8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
[{[+[ NOTE:[+[} Corrects ORS references.
SECTION 301. ORS 536.125 is amended to read:
536.125. (1) The Strategic Water Management Group shall
implement the following ground water resource protection
strategy:
(a) Coordinate projects approved by the group with activities
of other agencies.
(b) Develop programs designed to reduce impacts on ground water
from:
(A) Commercial and industrial activities;
(B) Commercial and residential use of fertilizers and
pesticides;
(C) Residential and sewage treatment activities; and
(D) Any other activity that may result in contaminants entering
the ground water.
(c) Provide educational and informational materials to promote
public awareness and involvement in the protection, conservation
and restoration of Oregon's ground water resource. Public
information materials shall be designed to inform the general
public about the nature and extent of ground water contamination,
alternatives to practices that contaminate ground water and the
effects of human activities on ground water quality. In
addition, educational programs shall be designed for specific
segments of the population that may have specific impacts on the
ground water resource.
(d) Coordinate the development of local ground water protection
programs, including but not limited to local well head protection
programs.
(e) Award grants for the implementation of projects approved
under the criteria established under ORS 536.133.
(f) Develop and maintain a centralized repository for
information about ground water, including but not limited to:
(A) Hydrogeologic characterizations;
(B) Results of local and statewide monitoring or testing of
ground water;
(C) Data obtained from ground water quality protection research
or development projects; and
(D) Alternative residential, industrial and agricultural
practices that are considered best practicable management
practices for ground water quality protection.
(g) Identify research or information about ground water that
needs to be conducted or made available.
(h) Cooperate with appropriate federal entities to identify the
needs and interests of the State of Oregon so that federal plans
and project schedules relating to the protection [{[+[of[+[} the
ground water resource incorporate the state's intent to the
fullest extent practicable.
(i) Aid in the development of voluntary programs to reduce the
quantity of hazardous or toxic waste generated in order to reduce
the risk of ground water contamination from hazardous or toxic
waste.
(2) To aid and advise the Strategic Water Management Group in
the performance of its functions, the group may establish such
advisory and technical committees as the group considers
necessary. These committees may be continuing or temporary. The
Strategic Water Management Group shall determine the
representation, membership, terms and organization of the
committees and shall appoint their members. The chairperson of
the Strategic Water Management Group shall be an ex officio
member of each committee.
[{[+[ NOTE:[+[} Adds omitted word.
SECTION 302. ORS 537.515 is amended to read:
537.515. As used in ORS 537.505 to 537.795 [{[-[, 537.800[-[}
and 537.992, unless the context requires otherwise:
(1) 'Altering' a well means the deepening, recasing,
perforating, reperforating, the installation of packers or seals
and other material changes in the design of the well.
(2) 'Constructing' a well includes boring, digging, drilling or
excavating and installing casing or well screens.
(3) 'Geothermal fluid' means any ground water used for its
thermal characteristics that is encountered in a well with a
bottom hole temperature of less than 250 degrees Fahrenheit or
any other fluid that is circulated within a well with a bottom
hole temperature of less than 250 degrees Fahrenheit and used for
its acquired thermal characteristics.
(4) 'Ground water' means any water, except capillary moisture,
beneath the land surface or beneath the bed of any stream, lake,
reservoir or other body of surface water within the boundaries of
this state, whatever may be the geological formation or structure
in which such water stands, flows, percolates or otherwise moves.
(5) 'Ground water reservoir' means a designated body of
standing or moving ground water having exterior boundaries which
may be ascertained or reasonably inferred.
(6) 'Pollution' of ground water means any impairment of the
natural quality of such ground water, however caused, including
impairment by salines, minerals, industrial wastes, domestic
wastes or sewage, whether indrafted directly or through
infiltration into the ground water supply.
(7) 'Public agency' means the United States or any agency
thereof, the State of Oregon or any agency thereof or any county,
city, district organized for public purposes or other public
corporation or political subdivision of this state.
[{[-[(8) 'Spring' means a point where water emerges naturally
from the earth as a result of gravity flow or artesian
pressure.[-[}
[{[-[(9)[-[} [{[+[(8)[+[} 'Well' means any artificial opening
or artificially altered natural opening, however made, by which
ground water is sought or through which ground water flows under
natural pressure or is artificially withdrawn. 'Well' does not
include a natural spring or wells drilled for the purpose of:
(a) Prospecting, exploration or production of oil or gas;
(b) Prospecting or exploration for geothermal resources, as
defined in ORS 522.005;
(c) Production of geothermal resources, as defined in ORS
522.005, derived from a depth of greater than 2,000 feet; or
(d) Exploration for minerals as defined in ORS 517.750 and
517.910.
[{[-[(10)[-[} [{[+[(9)[+[} 'Well drilling machine' means any
power driven percussion, rotary, boring, digging or augering
machine used in the construction of water wells.
[{[+[ NOTE:[+[} Moves definition to affected statute, ORS
537.800.
SECTION 303. ORS 537.800 is amended to read:
537.800. [{[+[(1)[+[} All ditches now or hereafter constructed,
for the purpose of utilizing waste, spring or seepage waters,
shall be governed by the same laws relating to priority of right
as those ditches constructed for the purpose of utilizing the
waters of running streams. However, the person upon whose lands
the seepage or spring waters first arise shall have the right to
the use of such waters.
[{[+[ (2) As used in this section, 'spring' means a point where
water emerges naturally from the earth as a result of gravity
flow or artesian pressure.[+[}
[{[+[ NOTE:[+[} Moves definition to affected section.
SECTION 304. ORS 541.755 is amended to read:
541.755. Except as provided in ORS 541.760:
(1) If any water development project investigated under ORS
541.700 to 541.855, other than a safe drinking water project
financed in whole or in part from moneys in the Special Public
Works Fund created by ORS 285.733 or the [{[-[Safe Drinking[-[}
Water Fund created by ORS 285.757, is constructed with funds
other than those loaned under ORS 541.700 to 541.855, the amount
expended by the state shall immediately become due and payable,
together with interest at the rate provided in ORS 541.730 (2)
from the date of notification of the amount due.
(2) If any water development project is refinanced or financial
assistance is obtained from other sources, other than a safe
drinking water project financed in whole or in part from moneys
in the Special Public Works Fund created by ORS 285.733 or the
[{[-[Safe Drinking[-[} Water Fund created by ORS 285.757, after
the execution of the loan from the state, all such funds shall be
first used to repay the state.
[{[+[ NOTE:[+[} Corrects name of fund.
SECTION 305. ORS 545.234 is amended to read:
545.234. (1) The provisions of the Irrigation District Act
apply to bonds authorized pursuant to ORS 545.230 and 545.232,
except as otherwise provided by this section.
(2) The board of directors by resolution authorizing the
issuance of all or part of a bond authorization may provide:
(a) The manner of the sale, public or otherwise, the
denominations, the premiums if any for redemption prior to
maturity, and whether or not the bonds shall be registrable as to
principal or and principal and interest;
(b) For the setting aside and maintaining of reserves to secure
the payment of the principal of the bonds and interest thereon,
and reserves to maintain, equip, repair, renew, renovate and
replace the improvements, facilities and equipment of the
district;
(c) For the issuance, under proper terms and conditions, of
additional or refunding bonds on a parity with the bonds being
issued;
(d) For the creation of necessary funds and accounts;
[{[+[or[+[}
(e) All other terms, conditions, covenants and protective
features safeguarding the payment of the bonds as are found
necessary by the board.
(3) The bonds may be sold at not less than 90 percent of face
value, and may bear interest, evidenced by coupons, at a rate of
not to exceed six percent per annum.
(4) The board may select a trustee for the owners and holders
of the bonds, and also a trustee to safeguard and disburse the
proceeds of the sale of any such bonds, and the rights, duties,
powers and obligations of the trustee or trustees shall be fixed
by the board.
[{[+[ NOTE:[+[} Supplies connecting word.
SECTION 306. ORS 545.254 is amended to read:
545.254. (1) All persons interested in any lands within the
district shall be charged with notice of all proceedings at the
hearing and subsequent thereto. Any person or landowner aggrieved
by such action of the board of directors shall have the right
within 30 days from the entry of such resolution to appeal to the
circuit court of the county in which the lands lie. If the
district lies in two or more counties and an appeal is taken to
the circuit court of each county, then all such appeals shall be
consolidated in one suit for trial, and if the counties lie in
more than one judicial district, the presiding judge of the Court
of Appeals shall direct in which judicial district the appeal
shall be tried. The appeals shall be taken by giving a notice in
writing and leaving a true copy thereof with the secretary of the
irrigation district.
(2) Upon the expiration of the time for service and filing of
such notices of appeal to the circuit court, in case an appeal is
taken, the circuit judge of the county in which the case is to be
tried shall make an order directing the trial court administrator
or trial court clerk to have published once a week for four
consecutive weeks in each county in which the lands in the
district are situated, a notice and summons reading substantially
as follows:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Circuit Court of___
County, State of Oregon
In the matter of Bonds Notice
Assessments of____
Irrigation District.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
All persons owning or claiming to own any lands within the
above named irrigation district are notified that appeal has been
made to the above entitled court from that certain resolution
made and entered by the board of directors of the irrigation
district on the__ day of ____, 19_, wherein an assessment was
made against certain lands in the district and described in the
resolution together with a determination of the benefits accruing
to such lands, and that bonds may be issued in the sum of__ by
said district. All persons owning lands within the district
affected by the assessment or bonds are required to appear before
this court on or before the__ day of ____, 19_, and show cause,
if any, why the assessment or determination of benefits should
not be approved and [{[+[the[+[} bonds [{[+[not[+[} issued.
________
Trial Court Administrator/Clerk for
____County.
_________________________________________________________________
(3) The date required for appearance in the cause shall be a
date to be fixed by the court, adjudged reasonable, and not less
than 30 days from the date of the first publication of the
notice. The proceeding shall be a proceeding in rem. All persons
owning or claiming any interest in lands in the irrigation
district shall appear and show cause why the assessment or
determination of benefits should not be ratified and approved,
and shall be bound by all subsequent decrees and orders made in
the cause, without further notice.
[{[+[ NOTE:[+[} Clarifies intent.
SECTION 307. ORS 554.110 is amended to read:
554.110. The board of directors shall have full power and
authority to:
(1) Build, construct and complete any works and improvements
needed to carry out the plan of improvement of the lands
described in the articles of incorporation.
(2) In the name of the corporation, make all necessary water
filings and appropriations of water for every purpose of the
articles of incorporation.
(3) Operate and maintain such works as are necessary,
convenient or beneficial for said purposes.
(4) Hire [{[-[men and teams[-[} [{[+[employees as may be
required,[+[} and purchase machinery, equipment and supplies.
(5) Generally contract with reference to any of said matters as
the board may determine for the purposes and within the scope of
the powers granted in ORS 554.005 to 554.340 for improving the
land.
[{[+[ NOTE:[+[} Updates terminology.
SECTION 308. ORS 561.140 is amended to read:
561.140. (1) Each member of the State Board of Agriculture is
entitled to compensation and expenses as provided in ORS 292.495,
which shall be charged to the Department of Agriculture Account.
(2) It is the function of the board to establish policies for
the administration of the department in accordance with all
applicable provisions of law.
(3) The board shall meet at least four times each year on a
quarterly basis. The board shall meet at the call of the chairman
or the director. The chairman or director may call a meeting at
the pleasure of the chairman or director, and shall call a
meeting at the request of five or more members. The chairman
shall designate the place of each meeting.
(4) The board shall select a chairman from among its members to
serve for a term of one year. The director shall act as secretary
and shall be an ex officio member of the board without the right
to vote. The Dean of [{[-[Agriculture[-[} [{[+[the College of
Agricultural Sciences[+[}, or an appointed representative of the
dean, of Oregon State University shall be an ex officio member of
the board without the right to vote.
(5) By arrangement with the chairman, the director shall review
with the board the activities of the department and shall proceed
in conference with the board, and subject to policy direction by
the board, to outline the methods, policies and program of work
for the department.
(6) A majority of the board present at any meeting shall
constitute a quorum, and an act by a majority of such quorum at
any meeting shall constitute an official act of the board.
[{[+[ NOTE:[+[} Corrects name of higher education personnel.
SECTION 309. ORS 561.240 is amended to read:
561.240. (1) The State Department of Agriculture is authorized
to enter into contracts and agreements with, and to receive funds
from, any department or agency of the United States. The
department may enter into agreements with authorized departments
and agencies of this state and other states, and with counties,
municipal corporations, other public and private corporations and
persons of this state, in connection with the administration of
laws of this state, including but not limited to legislation
relating to the inspection, production, processing[{[+[,[+[}
[{[-[and[-[} marketing [{[+[and distribution[+[} of
agricultural products and to the control or eradication of plant
and animal diseases and pests. The department may exchange
information and services with any public or private body or
person described in this subsection, in order to minimize
duplication of public services, investigations, inspections and
audits. The department may receive compensation, and make
payment, for services rendered in performance of agreements
authorized by this subsection.
(2) In the performance of services required by any contract or
agreement authorized by subsection (1) of this section, public
agencies that are parties to the contract or agreement shall have
the authority and powers of the department.
(3) Funds received by the department as provided in subsection
(1) of this section shall be deposited with the State Treasurer.
Such funds are continuously appropriated for the use of the
department in carrying out the purposes of the respective
agreements, contracts, state laws and Acts of Congress in
relation to which the money is received.
[{[+[ NOTE:[+[} Corrects failure to compile amendments from
both bills passed by 1967 legislature.
SECTION 310. ORS 571.515 is amended to read:
571.515. (1) In order that there may be the closest contact
between the department and the problems of the Christmas tree
industry, there hereby is created a State Christmas Tree Advisory
Committee which shall consist of six members appointed by the
Director of Agriculture. The director, as far as practicable,
shall make appointments so that all areas of the state are
represented on the committee.
(2) The members first appointed shall determine by lot the
length of their terms: Two to serve for one year, two to serve
for two years and two to serve for three years, from the date of
appointment. Thereafter the term of each member shall be for
three years, from the date of appointment. A member shall
continue to serve until a successor is appointed and qualifies.
Vacancies in office shall be filled by appointment for the
unexpired term. An individual is not eligible to serve more than
two consecutive terms as a member.
(3) The members of the committee shall be eligible for
compensation and expenses as provided in ORS 292.495, to be paid
from funds provided by ORS 571.580.
(4) The functions of the committee shall be to advise and
counsel with the department in the administration of ORS 571.505
to 571.580.
(5) The committee shall meet at the call of the chairperson or
the director of the State Department of Agriculture. A majority
of the members present at any meeting shall constitute a quorum,
and a majority vote of the quorum at any meeting shall constitute
an official act of the committee.
(6) At the first meeting in each year the committee shall
select a chairperson. The Dean of the [{[-[School of
Agriculture[-[} [{[+[College of Agricultural Sciences[+[}, Oregon
State University, and the director of the State Department of
Agriculture, or their representatives, shall be ex officio
members without the right to vote.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 311. ORS 576.215 is amended to read:
576.215. The Director of Agriculture and the Dean of the
[{[-[school of agriculture[-[} [{[+[College of Agricultural
Sciences[+[} of Oregon State University, or their respective
official representative, shall be ex officio members of the
commission, without right to vote. In the case of a seafoods
commission, the chairman of the State Fish and Wildlife
Commission or the official representative of the chairman shall
also be an ex officio member of the commission, without right to
vote. ORS 576.205 and 576.225 to 576.255 do not apply to ex
officio members.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 312. ORS 577.210 is amended to read:
577.210. (1) There hereby is created the Oregon Beef Council.
(2) The council shall be composed of:
(a) Two dairy producers. For the purpose of this paragraph, '
dairy producer' means a person engaged in the production on a
dairy farm of fluid milk.
(b) Three beef producers. For the purpose of this paragraph, '
beef producer' means a person who raises, breeds or grows cattle
or calves for beef production.
(c) One person actively engaged in the business of feeding
cattle and usually operating a feedlot.
(d) One handler. For the purpose of this paragraph, ' handler'
means a person actively engaged in processing, slaughtering,
handling or marketing of cattle.
(3) The director shall appoint the members of the council. In
making such appointments, the director shall take into
consideration nominations and recommendations made to the
director by organizations who represent or who are engaged in the
same type of production or business as the person so nominated or
recommended for appointment as a member of the council. Each
member shall continue in office until a successor is appointed
and qualified.
(4) The director and the Dean of the [{[-[School of
Agriculture[-[} [{[+[College of Agricultural Sciences[+[} of
Oregon State University, or their respective official
representative, shall be ex officio members of the council,
without the right to vote.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 313. ORS 577.320 is amended to read:
577.320. (1) Upon request by the council, the Oregon Department
of Administrative Services may:
(a) Purchase or otherwise provide for the acquisition or
furnishing of supplies, materials, equipment and services other
than personal required by the council and for the furnishing of
professional services rendered by independent contractors with
the state to the council under ORS 279.545 to 279.748.
(b) Provide for the furnishing of printing and multiple
duplication work to the council under ORS 282.010 to 282.050,
except that printing and binding which advertises or promotes
products, agricultural or manufactured, shall not be considered
state printing.
(c) Provide for the furnishing of services relating to the
disposition of surplus, obsolete or unused supplies, materials
and equipment to the council under ORS 279.828.
(d) Provide for the furnishing of central telephone service and
central mail or messenger services to the council under ORS
283.140.
(e) Provide for the furnishing of central repair and
maintenance services to the council under ORS 283.150.
(f) Provide for the furnishing of clerical and stenographic
pool services to the council under ORS 283.160.
(g) Provide for the furnishing of motor vehicles for use by
members, officers and employees of the council under ORS 283.305
[{[+[ to 283.350[+[}.
(2) The council shall pay to the Oregon Department of
Administrative Services such amount for services performed by the
department under subsection (1) of this section as the department
determines is adequate to reimburse it for the costs necessary to
perform such services.
(3) Upon request by the council, the Oregon Department of
Administrative Services may design and supervise the installation
of an accounting system for the council. The council shall pay to
the Oregon Department of Administrative Services such amount for
services performed by that department under this subsection as
such department determines is adequate to reimburse it for the
costs necessary to perform such services.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 314. ORS 577.710 is amended to read:
577.710. (1) There is hereby created the Oregon Sheep
Commission.
(2) The commission shall be composed of seven members to be
appointed by the director for terms of three years, each to
continue in office until a successor is appointed and qualified.
In making appointments of members of the commission the director
shall take into consideration any nominations or recommendations
made by sheep producers or producers' organizations. The
appointments shall be made so that each major sheep-producing
area of the state is represented in accordance with the
following:
(a) One producer from the area comprised of the Counties of
Klamath, Lake, Harney and Malheur;
(b) One producer from the area comprised of the Counties of
Grant, Baker, Gilliam, Morrow, Umatilla, Union and Wallowa;
(c) One producer from the area comprised of the Counties of
Hood River, Sherman, Jefferson, Wheeler, Crook, Deschutes and
Wasco;
(d) One producer from the area comprised of the Counties of
Lane, Douglas, Coos, Curry, Josephine and Jackson;
(e) One producer from the area comprised of the Counties of
Clatsop, Columbia, Washington, Tillamook, Clackamas, Marion,
Polk, Yamhill, Linn, Benton, Lincoln and Multnomah; and
(f) Two individuals from the state-at-large, each of whom is
either a handler or a producer.
(3) The director and the Dean of the [{[-[School of
Agriculture[-[} [{[+[College of Agricultural Sciences[+[} of
Oregon State University, or their respective designated
representatives, shall be ex officio members of the commission
without right to vote.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 315. ORS 578.030 is amended to read:
578.030. (1) There hereby is created the Oregon Wheat
Commission. The commission shall consist of five members who
shall be appointed by the director and shall hold office for a
term of five years. In making appointments of members of the
commission the director shall take into consideration any
nominations or recommendations made to the director by growers or
growers' organizations.
(2) The director, or a duly authorized representative of the
director, and the Dean of the [{[-[School of Agriculture[-[}
[{[+[College of Agricultural Sciences[+[} of Oregon State
University, or a duly authorized representative of the dean,
shall be ex officio members, without vote, of the commission.
Subsection (1) of this section, ORS 578.040, 578.050 and 578.060
(1) do not apply to ex officio members.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 316. ORS 579.030 is amended to read:
579.030. (1) There hereby is created the Oregon Potato
Commission. The commission shall consist of nine members to be
appointed by the director for a term of five years, each to
continue in office until a successor is appointed and qualified.
In making appointments of members of the commission the director
shall take into consideration any nominations or recommendations
made to the director by growers or growers' organizations. The
appointments shall be made so that each major potato-producing
area of the state is represented as follows:
(a) Two from the area comprised of Malheur and Harney Counties.
(b) Two from central Oregon, comprised of the Counties of
Crook, Deschutes, Gilliam, Sherman, Wasco, Wheeler and Jefferson.
(c) Two from the area comprised of Klamath, Coos, Curry,
Douglas, Jackson, Josephine and Lake Counties.
(d) Two from the Blue Mountain area, comprised of the Counties
of Baker, Union, Wallowa, Grant, Morrow and Umatilla.
(e) One from the Willamette Valley area, comprised of the
Counties of Benton, Clackamas, Clatsop, Columbia, Hood River,
Lincoln, Lane, Linn, Marion, Multnomah, Polk, Tillamook, Yamhill
and Washington.
(2) The director, or an official representative of the
director, and the Dean of the [{[-[School of Agriculture[-[}
[{[+[College of Agricultural Sciences[+[} of Oregon State
University, or an official representative of the dean, are ex
officio members of the commission, without right to vote.
Subsection (1) of this section and ORS 579.040 to 579.060 do not
apply to ex officio members.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 317. ORS 586.550 is amended to read:
586.550. (1) It is the duty of the department, immediately
after the establishment of grades under ORS 586.530, to supply
all warehousemen with a copy of the grades, rules and regulations
of the department.
(2) Every public warehouseman shall keep:
(a) The copy of grades, rules and regulations on file in a
convenient place in every such warehouse.
(b) If an office is maintained in connection with such
warehouse, a copy of the grades, rules and regulations on file in
the office.
(c) A placard notice, furnished by the department, posted in a
conspicuous place in every such warehouse and such office,
reading as follows:
_________________________________________________________________
' A copy of Oregon grades, rules and regulations is on file here
for information of interested parties. '
_________________________________________________________________
(3) Every warehouseman shall exhibit the copy of grades, rules
and regulations to any interested party applying therefor at the
warehouse or office and shall permit the interested party to
examine and consult the copy.
[{[+[ NOTE:[+[} Inserts hairline to denote language for
placard.
SECTION 318. ORS 586.561 is amended to read:
586.561. (1) Any person operating a public warehouse who
desires to discontinue the operation shall at least 30 days prior
to the date of expiration or closing date notify, by certified or
registered mail, at the last-known address all holders of
warehouse receipts, all persons storing grain in such warehouse
and the department of the intention to discontinue the public
warehouse business.
(2) If the address of any holder of a warehouse receipt or
persons storing grain is unknown, then the person operating a
public warehouse shall also give notice of the intention to
discontinue the operation of a public warehouse by publication in
some newspaper of general circulation in the county once a week
for two consecutive weeks. The date of the second published
notice shall be at least 30 days prior to the date of expiration
of the operations.
(3) It shall be the duty of owners of such grain to remove, or
cause to be removed, their grain from such warehouse before the
expiration date.
(4) If the warehouseman has not notified all persons or holders
of warehouse receipts as provided in subsection (1) of this
section or published a notice as provided by subsection (2) of
this section, and if at the expiration date of the operations of
the warehouseman there are outstanding warehouse receipts
covering grain in storage in the warehouse, or in the opinion of
the department there is reasonable evidence of outstanding
liability by the warehouseman under ORS [{[-[77.1010 to
77.6040[-[} [{[+[chapter 77[+[} or this chapter, then:
(a) The warehouseman is required to apply for, obtain and
maintain a bond as provided for in ORS 586.300 until such date
that the department determines all grain has been removed from
the warehouse or the rights or claims of all holders of warehouse
receipts have been protected and satisfied.
(b) The department may invoke and is authorized to use the
procedures and authority as provided for in ORS 586.525. The
department is authorized to carry out and the warehouseman is
subject to the provisions of ORS 586.525 regardless of the fact
that the license of the warehouseman may have expired.
[{[+[ NOTE:[+[} Conforms chapter reference.
SECTION 319. ORS 586.720 is amended to read:
586.720. (1) Except as provided in subsection (2) of this
section, every public warehouse and warehouseman complying with
the provisions of ORS 586.210 to 586.730 is exempt from all the
provisions of all other laws of this state regulating and
licensing warehouses and warehousemen.
(2) The provisions of ORS [{[-[77.1010 to 77.6040[-[}
[{[+[chapter 77[+[} apply to public warehouses and warehousemen
complying with the provisions of ORS 586.210 to 586.730 to the
extent that the provisions of ORS [{[-[77.1010 to 77.6040[-[}
[{[+[chapter 77[+[} are not inconsistent with the provisions of
ORS 586.210 to 586.730.
[{[+[ NOTE:[+[} Conforms chapter references.
SECTION 320. ORS 603.010 is amended to read:
603.010. As used in this chapter:
(1) 'Custom processing establishment' means a stationary
establishment wherein slaughtered meat animals or meat, caused to
be delivered by the owners thereof, are prepared for
compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the
owner.
(2) 'Custom slaughtering establishment' means a mobile or
stationary establishment wherein meat animals, caused to be
delivered by the owners thereof, are slaughtered for
compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the
owner.
(3) 'Department' means the State Department of Agriculture.
(4) 'Equipment' means all machinery, fixtures, containers,
vessels, tools, implements [{[-[,[-[} and apparatus used in and
about an establishment.
(5) 'Establishment' means and includes:
(a) Any building, vehicle or structure in which meat animals
are slaughtered for consumption or meat products are prepared,
sold, offered or held for sale.
(b) The ground upon which such place or business is operated or
used and so much ground adjacent thereto as is also used in
carrying on the business of the establishment. The department may
prescribe such additional area or places which, although they may
not be contiguous or adjacent to the above area or establishment,
may be included therein.
(6) 'Meat animal' means any vertebrate animal, except fish and
aquatic mammals, not otherwise prohibited by law for sale for
human consumption.
(7) 'Meat or meat product' means any edible muscle, except any
muscle found in the lips, snout or ears, of meat animals, which
is skeletal or found in the tongue, diaphragm, heart or
esophagus, with or without any accompanying and overlying fat,
and any portion of bone, skin, sinew, nerve or blood vessels
normally accompanying the muscle tissue and not separated from it
in the process of dressing or as otherwise prescribed by the
department.
(8) 'Meat seller establishment' means an establishment wherein
meat products are sold, offered or held for sale, but which are
not prepared other than to be ground, seasoned, salted, frozen,
boned, cut up, wrapped or packed.
(9) 'Nonslaughtering processing establishment' means any
building, structure or vehicle wherein the activities of a
slaughterhouse, custom slaughtering establishment or custom
processing establishment or of an animal food slaughtering
establishment or animal food processing establishment under ORS
chapter 619 are not performed, but wherein meat products are
prepared.
(10) 'Poultry' means chickens, ducks, geese, turkeys and all
other domesticated fowls or birds.
(11) 'Prepared' means ground, seasoned, canned, cooked, salted,
frozen, smoked, cured, pickled, packed, boned, dried, cut up,
wrapped or otherwise manufactured or processed.
(12) 'Slaughterhouse' means an establishment wherein meat
animals are slaughtered.
(13) 'Unwholesome' includes all meats or meat products which
are diseased, contaminated, including drug or chemical residue,
putrid, unsound, unhealthful or unfit for food.
[{[+[ NOTE:[+[} Conforms punctuation to legislative form and
style.
SECTION 321. ORS 632.745 is amended to read:
632.745. (1) Each person who sells eggs in bulk shall furnish
the purchaser with an invoice covering each such sale, showing
the exact grade or quality and the size or weight of the eggs
sold, according to the standards prescribed by the federal Act or
the department, together with the name and address of the person
by whom the eggs were sold. The invoices shall be available
during business hours for inspection by the department. The
invoices shall be kept for at least:
(a) One year by the seller[{[+[;[+[} [{[-[,[-[} and
(b) 60 days by the purchaser.
(2) No invoice shall be required on eggs when sold to the
United States Government or to an individual consumer.
(3) Any person or retailer selling eggs through its own stores
or outlets may keep the records required by subsection (1) of
this section, at its principal place of business within this
state and is not required to keep the records at the stores or
outlets.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 322. ORS 633.006 is amended to read:
633.006. As used in ORS 633.006 to 633.089, unless the context
requires otherwise:
(1) 'Animal feed manufacturing plant' means:
(a) Any business, establishment, building, plant or place where
commercial feed for animals is manufactured, mixed, processed or
packed.
(b) Vehicles used in transporting commercial feed or components
or ingredients thereof, machinery, equipment, utensils,
implements, or other items, articles or materials used in the
business or operation.
(c) The ground upon which the operation or business is carried
out and other ground not adjacent thereto which is a part of the
business or operation under the same entity or ownership.
(2) 'Brand' means any word, name, symbol or device or any
combination thereof adopted or used by a person to identify
commercial feeds manufactured, compounded, delivered,
distributed, sold, offered for or exposed for sale in this state
and to distinguish them from commercial feeds manufactured,
distributed, offered for sale or sold by others.
(3) 'Bulk' is the sale, offering or exposing for sale or
delivery of commercial feeds, in:
(a) Open containers, closed or open tote boxes, closed or open
tanks, closed or open trailers, all of which may be further
described or defined by the department[{[+[;[+[} [{[-[,[-[} or
(b) Other types of containers, vehicles or conveyances defined
or recognized by the department.
(4) 'Commercial feed' means any material which is distributed
for use as feed, or as a feed ingredient for mixing in feed for
animals, or any feed additive concentrate, feed additive
supplement, feed additive premix, or premix, except:
(a) Unmixed seeds, whole or processed, made directly from the
entire seed.
(b) Hay, straw, stover, cobs, husks, screenings and hulls, when
unground or unmixed with other materials.
(c) Feed for dogs, cats, birds or fish maintained as household
pets.
(d) Silage, or materials containing at least 60 percent of
water.
(e) Individual chemical compounds when not mixed with other
materials. This exemption, however, does not cover or extend to
phosphate, urea or ammonium compounds which are recommended for
animal feeding purposes.
(5) 'Contract feeder' means an independent contractor, or any
other person who feeds commercial feed to animals pursuant to an
oral or written agreement whereby such commercial feed is
supplied, furnished or otherwise provided to such person by any
distributor and whereby such person's remuneration is determined
all or in part by feed consumption, mortality, profits, or amount
or quality of product. It does not include a bona fide employee
of a manufacturer or distributor of commercial feed.
(6) 'Customer-formula feed,' 'custom mix' or 'custom mixed
feed' means any mixture of materials, substances or ingredients
described or set forth under the definition of commercial feed,
each lot of which is mixed according to the specific instructions
of, or prescribed for the specific use of, the final consumer or
feeder. For the purpose of this subsection ' final consumer'
means a person who owns or who contracts for the feeding of
animals under the control or ownership of that person.
(7) 'Department' means the State Department of Agriculture.
(8) 'Distribute' means to offer for sale, sell or barter,
commercial feed or customer-formula feed; or to supply, furnish
or otherwise provide commercial or customer-formula feed as a
contract feeder.
(9) 'Distributor' means any person who distributes.
(10) 'Drug' or 'drugs' means any substance intended or
represented for the cure, mitigation, treatment or prevention of
disease of animals, or intended to affect the structure of any
function of the body of an animal or as prescribed by the
department.
(11) 'Feed ingredient' means each of the constituent materials
making up a commercial feed.
(12) 'Ground' means a condition resulting from crushing,
rolling, chopping or grinding.
(13) 'Label' means a display of written, printed, or graphic
matter upon or affixed to the container, or immediate container,
in which a commercial feed is distributed, or on the invoice or
delivery slip with which a commercial feed or customer-formula
feed is distributed.
(14) 'Manufacture' means to grind, chop, crush, roll, cube,
flake, extrude, cook, pelletize, mix or otherwise process feed
ingredients.
(15) 'Mineral feed' means a substance or mixture of substances
designed or intended to supply primarily mineral elements or
inorganic nutrients.
(16) 'Official sample' means any sample of feed taken by the
department and designated as 'official' by it.
(17) 'Percent' or 'percentage' means percentage by weight.
(18) 'Sell' or 'sale' includes exchange.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 323. ORS 633.511 is amended to read:
633.511. As used in ORS 633.511 to 633.750:
(1) 'Agricultural seed' means fiber, forage and grass crop seed
and any other kind of seed or bulblet commonly recognized in this
state as agricultural seed or as lawn or turf seed, and mixtures
of any of such seeds.
(2) 'Certified,' as applied to bulblets, tubers or
horticultural plants or to agricultural, vegetable or cereal
grain seed, means inspected and labeled by and in accordance with
the standards and rules and regulations adopted by the dean under
ORS 633.620 or in accordance with similar standards established
by some similar regularly constituted authority in another state
or country.
(3) 'Dean' means the Dean of the [{[-[school of
agriculture[-[} [{[+[College of Agricultural Sciences[+[} of
Oregon State University, or agent.
(4) 'Director' means the Director of Agriculture, or agent.
(5) 'Inert matter' includes stones, dirt, leafage, stems, badly
broken seed, other similar matter and masses of spores.
(6) 'Labeling' includes all labels and other printed, written
or graphic representations in any form on the container of any
seeds or accompanying or pertaining to any seeds, whether in bulk
or in containers, and includes representations on invoices.
(7) 'Mixed seed' and 'mixture' mean any lot of seed that
contains in excess of five percent by weight of each of two or
more kinds of agricultural or vegetable seed.
(8) 'Other crop seed' means that part of any lot or sample of
seed that consists of the seed of cereal grain and agricultural
and vegetable seeds other than those named on the label.
(9) 'Percentage of germination' means the percentage of pure
seed of a lot or sample that produces satisfactory sprouts before
the close of a standard germination test as prescribed pursuant
to ORS 633.580.
(10) 'Percentage of hard seed' means the percentage of pure
seed of any lot or sample that remains in its normal hard
condition at the close of a standard germination test as
prescribed pursuant to ORS 633.580.
(11) 'Prohibited noxious weed seed' means the seed of perennial
weeds which when established are highly destructive, competitive
and difficult to control by ordinary good cultural practice.
(12) 'Pure seed' means the agricultural or vegetable seed of
which there is the largest percentage by weight in any unmixed
lot or sample and, in the case of mixtures, includes any
agricultural or vegetable seed consisting of not less than five
percent by weight of the kind or kinds of seed under
consideration, as distinguished from other crop seed, weed seed
and inert matter.
(13) 'Restricted noxious weed seed' means the seed of such
weeds as are very objectionable in fields, lawns and gardens but
can be controlled by good cultural practice.
(14) 'Retailer' means any person who sells, offers or holds for
sale, agricultural or vegetable seed to ultimate consumers or
users for planting purposes.
(15) 'Wholesaler' means any person who sells, offers or holds
for sale, agricultural or vegetable seed to retailers,
distributors, brokers or other wholesalers for resale.
(16) 'Vegetable seed' means the seed of those crops usually
grown in Oregon in gardens or on truck farms or for canning and
freezing purposes and generally known and sold under the name of
vegetable seed.
(17) 'Weed seed' means any seed or bulblets other than
agricultural, vegetable or cereal grain seed.
[{[+[ NOTE:[+[} Corrects reference to higher education
personnel.
SECTION 324. ORS 634.022 is amended to read:
634.022. (1) The provisions of ORS 634.016 are not applicable
to pesticides used only for experimental or research purposes.
Such pesticides shall be conspicuously labeled 'For experimental
purposes only and not for sale' in addition to the labeling
requirements of ORS 634.026, except that they need not be labeled
with directions for use or the professed standard of quality.
(2)(a) Subject to the exemptions set forth in paragraph (b) of
this subsection, before any pesticide can be used for
experimental or research purposes a person proposing to use such
pesticides shall obtain approval of the department. Application
for such approval shall contain such information as may be
required by the department, including the location and size of
the plot on which the experiment or research is to be carried
out, the nature of the pesticide to be utilized, the person
responsible for such activities and the intended disposition of
any crops grown upon the experimental or research plot.
(b) The provisions of paragraph (a) of this subsection are not
applicable to:
(A) Federal or state agencies[{[+[.[+[} [{[-[;[-[}
(B) Experiments or research carried on in greenhouses.
(3) If any person uses pesticides for experimental purposes as
provided by this section contrary to the instructions and
approval issued by the department, the department may immediately
revoke such approval and refuse to issue its approval to such
persons on future applications.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 325. ORS 634.042 is amended to read:
634.042. (1) Any poisonous or deleterious pesticide or any
pesticide which, in the opinion of the department, is not
generally recognized among experts qualified by scientific
training and experience to evaluate the safety of pesticide
chemicals as safe for use, added to a raw agricultural commodity,
shall be deemed unsafe for the purposes of the application of ORS
616.235 (1)(b), unless:
(a) A tolerance for such pesticide chemical in or on the raw
agricultural commodity has been prescribed by regulation
promulgated by the department and the quantity of such pesticide
chemical in or on the raw agricultural commodity is within the
limits of the tolerance so prescribed[{[+[;[+[} [{[-[,[-[} or
(b) With respect to use in or on such raw agricultural
commodity, the pesticide chemical has been exempted from
regulation promulgated by the department.
(2) While a tolerance or exemption from tolerance is in effect
for a pesticide chemical with respect to any raw agricultural
commodity, such raw agricultural commodity shall not, by reason
of bearing or containing any added amount of such pesticide
chemical, be considered to be adulterated within the meaning of
ORS 616.235 (1)(a), provided such pesticide chemical or the use
of such pesticide chemical is in compliance with the law and
regulations promulgated thereunder.
(3) In a fertilizer, agricultural minerals, agricultural
amendment or lime mix in which a pesticide is contained, all
applicable provisions of this chapter must be complied with. In
lieu of the requirements of ORS 634.026 (1)(c), the label or
invoice on a certain mix may show the name and amount of the
actual pesticide, together with the total amount of the entire
mixture, including the amount of actual pesticide, to be applied
to each acre.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 326. ORS 634.122 is amended to read:
634.122. (1) An applicant for a pesticide applicator's license
is entitled to be examined for or to be issued a license or
supplements thereto by the department, if the applicant:
(a) Is at least 18 years of age; [{[+[and[+[}
(b) Proves to the satisfaction of the department that the
applicant:
(A) Has had experience as a pesticide trainee for the minimum
period and in the manner prescribed by the department;
[{[-[or[-[}
(B) Has educational qualifications, experience or training
which is equal to the minimum standards and requirements
established by the department; or
(C) Has been licensed in Oregon as a pesticide applicator and
actively engaged in such work during the prior license period, as
shall be prescribed by the department.
(2) An applicant for a pesticide applicator's license shall be
required to demonstrate satisfactorily by written examination or
any reexamination given by the department, an adequate knowledge
of:
(a) The characteristics of pesticides and the effect of their
application to particular crops.
(b) The practices of application of pesticides.
(c) The conditions and times of application of pesticides and
the precautions to be taken in connection therewith.
(d) The applicable laws and rules relating to pesticides and
their application in this state.
(e) Integrated pest management techniques, as defined in ORS
634.650, for pest control.
(f) Other requirements or procedures which will be of benefit
to and protect the pesticide applicator, the persons who use the
services of the pesticide applicator and the property of others.
(3) Based upon the license application and the request of the
applicant, the department may examine the applicant only in any
one or more of the classes of pest control or pesticide
application businesses established by the department under ORS
634.306 (2).
(4)(a) A pesticide applicator license fee shall be established
by the department not to exceed $50 for the first class of pest
control or pesticide application business as prescribed in ORS
634.306 (2) and not to exceed $7.50 for each additional class.
(b) After a person makes first application for a license or
renewal thereof for a specific license period, if later during
the same license period such person desires to engage in
additional classes of pest control or pesticide application
business as prescribed in ORS 634.306 (2), such person shall pay
the fee for each additional class established by the department
not to exceed $12.50.
(5) Examinations or reexaminations for pesticide applicator's
licenses shall be given by the department at such time and in any
of its branch offices or other locations it deems expedient, and
shall be under the supervision of its employees or appointees.
The department is authorized to:
(a) Appoint without pay or reimbursement, employees of other
state agencies who are authorized to give examinations.
(b) Prepare and maintain various types of examinations and
types and schedules of reexaminations and to take all other
measures deemed necessary to insure that persons receiving
passing grades thereto have been fairly and reasonably tested as
to their ability and that there have been no fraudulent or
dishonest means used by the applicants in applying for or in the
taking of examinations or reexaminations.
(6) If it verifies an applicant has received a passing grade on
the examination or reexamination and otherwise has complied with
the provisions of this chapter, the department shall issue a
pesticide applicator's license.
(7) Each person who has failed to receive a passing grade or
for other reasons was not issued a license as a result of an
examination or reexamination given by the department, shall pay
$5 to partially reimburse the department for its costs to
administer each reexamination to the applicant.
[{[+[ NOTE:[+[} Provides connecting word; deletes superfluous
connecting word.
SECTION 327. ORS 646.204 is amended to read:
646.204. (1) At or prior to the time a person or passenger
makes full or partial payment for air, sea or land transportation
or any other services offered by the travel charter or tour
operator in conjunction with such transportation, the operator
shall furnish to the passenger or person making the payment a
written statement conspicuously setting forth the following
information:
(a) The name, registration number, business address and
telephone number of the travel charter or tour operator;
(b) The telephone number of the Department of Consumer and
Business Services where the consumer can confirm that the travel
charter or tour operator's registration is valid and current;
(c) The amount paid, the date of such payment, the purpose of
the payment made and an itemized statement of the balance due, if
any;
(d) The location and number of the trust account or bond
required by ORS 646.208;
(e) The name of the carrier with whom the travel charter or
tour operator has contracted to provide the transportation, the
type of equipment contracted and the date, time and place of each
departure;
(f) The conditions, if any, upon which the contract between the
travel charter or tour operator and the passenger may be
canceled, and the rights and obligations of all parties in the
event of such cancellation;
(g) The name and address of a registered agent authorized to
accept service on behalf of the travel charter or tour operator;
and
(h) A statement in eight-point boldfaced type in substantially
the following form:
_________________________________________________________________
If transportation or other services are canceled by the travel
charter or tour operator, all sums paid to the travel charter or
tour operator for services not performed in accordance with the
contract between the travel charter or tour operator and the
passenger will be refunded to the passenger or the party who
contracted for the passenger within 14 days after the
cancellation by the travel charter or tour operator unless
mutually acceptable alternative travel arrangements are provided.
_________________________________________________________________
(2) The information required by subsection (1)(e) of this
section shall be provided only at the time of final payment.
[{[+[ NOTE:[+[} Inserts hairlines to denote legal form.
SECTION 328. ORS 646.605 is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and includes any trade or commerce
directly or indirectly affecting the people of this state.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study, or copying of any such material, and taking
testimony under oath or acknowledgment in respect of any such
documentary material or copy thereof.
(4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations, and
any other legal entity except bodies or officers acting under
statutory authority of this state or the United States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Appropriate court' means the district or circuit court of
a county:
(a) Where one or more of the defendants reside; [{[-[or[-[}
(b) Where one or more of the defendants maintain a principal
place of business; [{[-[or[-[}
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
[{[-[officer[-[} [{[+[attorney[+[} maintains an office.
(7) 'Real estate, goods or services' means those which are or
may be obtained primarily for personal, family or household
purposes, or which are or may be obtained for any purposes as a
result of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. Real estate does not cover conduct
covered by ORS 90.100 to 90.940.
(8) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055;
(b) A person who is licensed or is otherwise authorized to
engage in professional real estate activity pursuant to ORS
chapter 696, when the solicitation involves professional real
estate activity;
(c) A person registered or exempt from registration, as a
builder pursuant to ORS chapter 701, when the solicitation
involves the construction, alteration, repair, improvement or
demolition of a structure;
(d) A person licensed or otherwise authorized to sell insurance
as an agent pursuant to ORS chapter 744, when the solicitation
involves insurance;
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club;
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser;
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any commercial bank, trust company,
savings and loan association, credit union, industrial loan
company, personal property broker, consumer finance lender,
commercial finance lender or insurer, provided that the
institution is subject to supervision by an official or agency of
this state or of the United States;
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans;
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services;
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon;
(k) A person who sells farm products as defined by ORS chapter
576 if the solicitation neither intends to nor actually results
in a sale that costs the purchaser in excess of $100;
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 (15 U.S.C.�781) and that is either
registered or exempt from registration under paragraph (A), (B),
(C), (E), (F), (G) or (H) or subsection (g) of that section;
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services; or
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement; [{[-[or[-[}
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
[{[+[ NOTE:[+[} Deletes superfluous connecting words;
standardizes terminology.
SECTION 329. [{[+[ORS 653.770 is repealed.[+[}
[{[+[ NOTE:[+[} Repeals obsolete statute.
SECTION 330. [{[+[ORS 656.256 is added to and made a part of
ORS chapter 656.[+[}
[{[+[ NOTE:[+[} Revises statutory structure to allow series
note following statute to be deleted.
SECTION 331. ORS 657.095 is amended to read:
657.095. (1) As used in this chapter and ORS chapter 657A,
unless the context requires otherwise, 'payroll' means and
includes all wages paid to employees in any employment subject to
this chapter and ORS chapter 657A[{[+[.[+[} [{[-[; provided[-[}
[{[+[However[+[}, for payroll tax purposes pursuant to this
chapter and ORS chapter 657A, 'wages' excludes remuneration
received by an employee from each employer in any calendar year
after December 31, 1975, which is in excess of an amount obtained
by multiplying the average annual wage for the second preceding
calendar year by .80 and rounding the result to the nearest
multiple of $1,000. The average annual wage shall be determined
by dividing the total wages paid by subject employers during the
year by the average monthly employment reported by subject
employers for the year. However, ' payroll' as used in this
section shall not in any year be less than the amount in effect
during the preceding calendar year.
(2) The remuneration paid by an employer located in this state
for work performed in other states by an employee who works part
of the time in a calendar year in this and other states shall be
included in 'payroll,' as defined in subsection (1) of this
section, when the work in said other states is covered by
unemployment insurance laws. Proof of the payment of payroll
taxes on the wages of the employee while working in such other
states shall be in such manner as the Director of the Employment
Department shall prescribe.
[{[+[ NOTE:[+[} Corrects punctuation and syntax.
SECTION 332. ORS 657.471 is amended to read:
657.471. (1) Subject to the provisions of subsections (2) to
(7) and (10) of this section, benefits paid to an eligible
individual shall be charged to each of the individual's employers
during the base year in the same proportion that the wages paid
by each employer to the individual during the base year bear to
the wages paid by all employers to that individual during that
year.
(2) With the exception of a political subdivision electing to
pay taxes pursuant to ORS 657.509, an employer's account shall
not be charged with benefits paid an unemployed individual in
excess of one-third of the base year wages paid that individual
while in the employ of such employer.
(3) Benefits paid to an individual for unemployment immediately
after the expiration of a period of disqualification for having
left work of an employer voluntarily without good cause shall not
be charged to that employer.
(4) Benefits paid to an individual for unemployment immediately
after the expiration of a period of disqualification for having
been discharged by an employer for misconduct shall not be
charged to that employer.
(5) Benefits paid without any disqualification to an individual
who has left work of an employer voluntarily for good cause not
attributable to the employer shall not be charged to that
employer for the immediate period of unemployment.
(6) If it is determined under the provisions of subsection (3),
(4) or (5) of this section that benefits paid to an individual
shall not be charged to an employer, such employer's account
shall not be charged for any benefits paid for any subsequent
period or periods of unemployment during that individual's
affected benefit year or during any benefit year beginning within
52 weeks subsequent to the affected benefit year.
(7) If a base-year employer, not otherwise eligible for relief
of charges for benefits under this section, receives notification
of an initial valid determination of a claim filed by an
individual who:
(a) Left work of such employer voluntarily and not attributable
to the employer, such employer may request relief of charges
within the period and under the conditions specified in ORS
657.267. The request must advise the Director of the Employment
Department in writing the date of such leaving and that such
leaving was voluntary and not attributable to the employer and
the reason therefor. Upon receipt of such notice from the
employer the director shall investigate the separation and if the
resulting determination, which shall be made by the director,
establishes that the leaving was voluntary and not attributable
to the employer, that employer's account shall not be charged
with benefits during that individual's benefit year. If the
individual was reemployed by such employer prior to the filing of
the initial valid claim, the employer shall not receive relief of
the employer's account under this subsection; or
(b) Was disqualified for the individual's most recent
separation from such employer by [{[-[a[-[} [{[+[the[+[}
director's decision which found the individual has been
discharged for misconduct connected with the work, that employer
may request relief of charges within the period and under the
conditions specified in ORS 657.267. Upon receipt of such request
from the employer, the director shall examine department records
and if the requirements of this subsection have been met shall
grant the relief of charges to that employer for benefits paid to
the individual during the benefit year.
(8) The determination of the director under subsection (7)(a)
of this section shall be final in all cases unless an application
for hearing is filed within 20 days after delivery of such
decision, or, if mailed, within 20 days after the same was mailed
to the employer's last-known address. When a request for hearing
has been timely filed, the director shall designate a referee to
conduct a hearing. After the referee has afforded all parties an
opportunity for a fair hearing, the referee shall affirm or
reverse the decision and promptly notify all parties entitled to
notice of the decision and the reasons therefor. Decisions of the
referee under this subsection become final and may be judicially
reviewed as provided in ORS 657.684 to the extent applicable.
(9) If the director finds that an employer or any employee,
officer or agent of an employer, in submitting facts pursuant to
subsection (7) or (8) of this section willfully makes a false
statement or representation or willfully fails to report a
material fact concerning the termination of an individual's
employment, the director shall make a determination thereon
charging the employer's reserve account not less than two nor
more than 10 times the weekly benefit amount of the claimant or
claimants, as the case may be. The director shall give notice to
the employer of the determination under this subsection and such
decision of the director shall become final unless an application
for hearing is filed in accordance with subsection (8) of this
section.
(10) Benefits paid to an individual shall not be charged to a
base-year employer if:
(a) The employer furnished part-time work to the individual
during the base year;
(b) The individual has become eligible for benefits because of
loss of employment with one or more other employers;
(c) The employer has continued to furnish part-time work to the
individual in substantially the same amount as during the
individual's base year; and
(d) The employer requests relief of charges within the period
and under the conditions specified in ORS 657.267.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 333. ORS 657.513 is amended to read:
657.513. (1) A political subdivision required to make payments
into the Unemployment Compensation Trust Fund under ORS 657.505
may request the Director of the Employment Department [{[-[, with
the approval of the director,[-[} to pay on behalf of the
political subdivision such amounts as the political subdivision
is required to pay into the fund. The employer may request the
director to pay on its behalf such amounts as the political
subdivision is required to pay into the fund. This request must
be filed with the director by January 31 of any year in order to
be effective July 1 of that year.
(2) A request shall continue until canceled but shall be for a
period of not less than two years. A political subdivision may
cancel its request by filing a written notice of its intention to
cancel with the director by January 31 of the year in which the
cancellation is to be effective. A cancellation shall be
effective only on June 30 of a year. The political subdivision
shall be responsible for paying into the Unemployment
Compensation Trust Fund any amounts paid out to claimants after
the effective date of a cancellation and attributable to base
period wages paid by the political subdivision during a period it
was subject to the provisions of ORS 293.701, 294.725 to 294.755,
657.505 or this section.
(3) The director may for good cause extend the period within
which a request or cancellation of a request must be filed for an
additional 30 days.
(4) The director shall pay into the Unemployment Compensation
Trust Fund from the Local Government Employer Benefit Trust Fund
such amounts of benefits that are paid to claimants during the
period the political subdivision is a participant in the Local
Government Employer Benefit Trust Fund created by ORS 294.730.
Benefits paid to claimants during a period when the political
subdivision is not a participant shall be reimbursed directly to
the Unemployment Compensation Trust Fund by the political
subdivision.
[{[+[ NOTE:[+[} Deletes superfluous language.
SECTION 334. ORS 657A.400 is amended to read:
657A.400. (1) An authorized representative of the Health
Division may inspect the premises of a day care facility caring
for seven or more children to determine whether the facility is
in conformity with applicable laws and regulations relating to
health and sanitation.
(2) An authorized representative of the Health Division shall
inspect any day care facility when requested to do so by the
Child Care Division in accordance with arrangements under ORS
657A.420 and shall submit written [{[-[finding[-[}
[{[+[findings[+[} to the [{[+[Child Care[+[} Division. The
[{[+[Child Care[+[} Division shall not issue or renew any
certificate of approval for any day care facility for which an
inspection by the Health Division has been requested unless an
authorized representative of the Health Division submits a
written finding that the facility is in compliance with
applicable laws and regulations relating to health and
sanitation.
(3) A sanitarian's inspection may be performed by a private
consultant so long as the consultant is registered under ORS
chapter 700.
[{[+[ NOTE:[+[} Corrects word choice; clarifies name of agency.
SECTION 335. ORS 658.715 is amended to read:
658.715. (1) No person shall operate a farm-worker camp unless:
(a) The person is a farm labor contractor licensed under ORS
658.405 to 658.503 and 658.830, and the contractor first obtains
an indorsement to do so as provided in ORS 658.730; or
(b) The person:
(A) Has a substantial ownership interest in the real property,
subject to special farm use assessment under ORS
[{[-[chapter[-[} 308.345 to [{[-[308.406[-[} [{[+[ 308.365 and
308.370 to 308.407[+[}, on which the camp is located or has any
form of ownership interest in a business organization that
operates the farm-worker camp and files a schedule F as part of
an income tax return in the preceding tax year; or
(B) Is related by blood or marriage to any person who has a
substantial ownership interest in the real property, subject to
special farm use assessment under ORS 308.345 to
[{[-[308.406[-[} [{[+[ 308.365 and 308.370 to 308.407[+[}, on
which the camp is located or has any form of ownership interest
in the business organization that operates the farm-worker camp
and files a schedule F as part of an income tax return in the
preceding tax year.
(2) Nothing in ORS 658.705 to 658.850 requires a permanent
employee of a farm-worker camp operator, who has no financial
interest in the camp other than the wages paid to the employee,
to obtain a camp indorsement.
[{[+[ NOTE:[+[} Conforms language to legislative style;
corrects series references.
SECTION 336. ORS 659.037 is amended to read:
659.037. Except as provided by laws governing the consumption
of alcoholic beverages by minors and the frequenting of minors in
places of public accommodation where alcoholic beverages are
served, and except for special rates or services offered to
persons 55 years [{[-[old[-[} [{[+[of age[+[} and older, no
person acting on behalf of any place of public accommodation as
defined in ORS 30.675 shall publish, circulate, issue or display,
or cause to be published, circulated, issued or displayed, any
communication, notice, advertisement or sign of any kind to the
effect that any of the accommodations, advantages, facilities,
services or privileges of such place of public accommodation will
be refused, withheld from or denied to, or that any
discrimination will be made against, any person on account of
race, religion, sex, marital status, color, national origin or
age if the individual is 18 years of age and older.
[{[+[ NOTE:[+[} Standardizes language.
SECTION 337. ORS 659.430 is amended to read:
659.430. (1) No person, because of a [{[-[handicap[-[}
[{[+[disability[+[} of a purchaser, lessee or renter, a
[{[-[handicap[-[} [{[+[disability[+[} of a person residing in or
intending to reside in a dwelling after it is sold, rented or
made available or a [{[-[handicap[-[} [{[+[disability[+[} of
any person associated with a purchaser, lessee or renter, shall
discriminate by:
(a) Refusing to sell, lease, rent or otherwise make available
any real property to a purchaser, lessee or renter;
(b) Expelling a purchaser, lessee or renter;
(c) Making any distinction or restriction against a purchaser,
lessee or renter in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or the furnishing of any facilities or services in connection
therewith; or
(d) Attempting to discourage the sale, rental or lease of any
real property.
(2) For purposes of this subsection, discrimination includes:
(a) A refusal to permit, at the expense of the
[{[-[handicapped[-[} [{[+[disabled[+[} person, reasonable
modifications of existing premises occupied or to be occupied by
such person if such modifications may be necessary to afford such
person full enjoyment of the premises, except that, in the case
of a rental, the landlord may, where it is reasonable to do so,
condition permission for a modification on the renter agreeing to
restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear
excepted; or
(b) A refusal to make reasonable accommodations in rules,
policies, practices or services when such accommodations may be
necessary to afford such person equal opportunity to use and
enjoy a dwelling.
(3) No person shall publish, circulate, issue or display or
cause to be published, circulated, issued or displayed any
communication, notice, advertisement, or sign of any kind
relating to the sale, rental or leasing of real property which
indicates any preference, limitation, specification or
discrimination against a [{[-[handicapped[-[} [{[+[disabled[+[}
person.
(4) No person or other entity whose business includes engaging
in residential real estate related transactions, as defined in
ORS 659.033 (2)(b), shall discriminate against any person in
making available such a transaction, or in the terms or
conditions of such a transaction, because of [{[-[handicap[-[}
[{[+[a disability[+[}.
(5) No real estate broker or salesperson shall accept or retain
a listing of real property for sale, lease or rental with an
understanding that the purchaser, lessee or renter may be
discriminated against solely because a person is a
[{[-[handicapped[-[} [{[+[disabled[+[} person.
(6) No person shall assist, induce, incite or coerce another
person to permit an act or engage in a practice that violates
this section.
(7) No person shall coerce, intimidate, threaten or interfere
with any person in the exercise or enjoyment of, or on account of
having exercised or enjoyed, or on account of having aided or
encouraged any other person in the exercise or enjoyment of, any
right granted or protected by this section.
(8) No person shall, for profit, induce or attempt to induce
any other person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a [{[-[handicapped[-[} [{[+[disabled[+[} person or persons.
(9) Any violation of this section is an unlawful practice.
[{[+[ NOTE:[+[} Conforms terminology to standards in ORS
182.109.
SECTION 338. ORS 670.306 is amended to read:
670.306. (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 Engineering Examiners[{[+[.[+[}
(d) State Landscape Architect Board[{[+[.[+[}
(e) State Landscape Contractors Board[{[+[.[+[}
(f) Oregon Board of Maritime Pilots[{[+[.[+[}
(g) State Board of Tax Service Examiners[{[+[.[+[}
(h) State Board of Accountancy[{[+[.[+[}
(2) A board shall fix the qualifications of and appoint an
administrative officer, after consultation:
(a) In the case of a board referred to in subsection (1)(a),
(b), (c), (d) or (e) of this section, with the Governor.
(b) In the case of a board referred to in subsection (1)(f),
(g) or (h) of this section, with the executive officer of the
department or other agency in which the board is established.
(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.
[{[+[ NOTE:[+[} Supplies missing punctuation.
SECTION 339. ORS 672.020 is amended to read:
672.020. (1) In order to safeguard life, health and property,
no person shall practice or offer to practice engineering in this
state unless the person is registered and has a valid certificate
to practice engineering issued under ORS 672.002 to 672.325.
(2) Each registered professional engineer shall, upon
registration, obtain a seal of the design authorized by the
board, bearing the name of the registrant, date of registration,
number of certificate, and the legend 'registered professional
engineer.' All final drawings, specifications, designs, reports,
maps and plans issued by a registrant [{[-[,[-[} shall be
stamped and signed by the registrant. The signature and stamp of
a registrant constitute a certification that the document was
prepared by the registrant or under the direct supervision of the
registrant.
(3) Every map, plan and drawing required by law to be certified
or approved by an engineer shall be stamped with the seal of, and
signed by, a professional engineer registered as required by ORS
672.002 to 672.325.
[{[+[ NOTE:[+[} Deletes unnecessary punctuation.
SECTION 340. ORS 675.595 is amended to read:
675.595. In addition to the powers otherwise granted under ORS
675.510 to 675.600, the State Board of Clinical Social Workers
shall have the following powers:
(1) To determine the qualifications of applicants to practice
clinical social work in this state; to cause to have examinations
prepared, conducted and graded and to grant certificates or
licenses to qualified applicants upon their compliance with the
provisions of ORS 675.510 to 675.600 and the rules of the board.
(2) To grant or deny annual renewal of certificates or licenses
and to renew certificates and licenses which have lapsed for
nonpayment of the renewal fee, subject to the provisions of ORS
675.510 to 675.600.
(3) To suspend or revoke certificates or licenses, subject to
ORS 675.510 to 675.600.
(4) To issue letters of reprimand, to impose probationary
periods with the authority to restrict the scope of practice of a
licensed clinical social worker or clinical social work associate
or to require practice under supervision.
(5) To impose civil penalties not to exceed $1,000.
(6) To restore certificates or licenses which have been
suspended, revoked or voided by nonpayment of the renewal fee.
(7)(a) To collect annual fees for application, examination and
certification or licensing of applicants, for renewal of
certificates and licenses, and for issuance of limited
certificates, such fees to be used to defray the expenses of the
board as provided in ORS 675.571; and
(b) To collect delinquent renewal fees as provided in ORS
675.571 (4).
(8) To investigate alleged violations of ORS 675.510 to
675.600.
(9) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings [{[-[,[-[} [{[+[and[+[} require the production of
relevant documents in all proceedings pertaining to the duties
and powers of the board.
(10) To enforce 675.510 to 675.600 and exercise general
supervision over the practice of clinical social work in this
state.
(11) To adopt a common seal.
(12) To formulate a code of professional conduct for the
practice of clinical social work giving particular consideration
to the code of ethics.
(13) To formulate and enforce continuing education requirements
for licensed clinical social workers to insure the highest
quality of professional services to the public.
[{[+[ NOTE:[+[} Supplies conjunction.
SECTION 341. ORS 678.113 is amended to read:
678.113. (1) On its own motion or upon complaint by any person
and after hearing as in a contested case under ORS 183.310 to
183.550, the board may require any person licensed under ORS
678.010 to 678.410 to demonstrate competency to practice nursing
at the level at which the licensee is licensed by professional
references or by evidence of continuing education.
(2) By rule, the board may require evidence of continuing
education in an accredited program as a prerequisite for renewal
of registered or practical nursing licenses, or both[{[+[,[+[} or
may require continuing education for persons whose license has
lapsed for nonpayment of fees, who have not practiced nursing for
five years, or who have their licenses suspended or revoked as a
condition to relicensure.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 342. ORS 678.140 is amended to read:
678.140. (1) There is created an Oregon State Board of Nursing
composed of nine members, six of whom [{[-[must[-[}
[{[+[shall[+[} be registered nurses, two of whom [{[-[must[-[}
[{[+[shall[+[} be licensed practical nurses and one of whom shall
be a member of the public who is otherwise not eligible for
appointment to the board.
(2) In making appointments of registered nurses, the Governor
shall consider geographic balance in making the appointments and
shall insure that the following areas of practice are represented
on the board:
(a) At least one nursing educator;
(b) At least one nursing administrator; and
(c) At least two nonsupervisory nurses involved in direct
patient care.
(3) The members of the board shall be appointed by the Governor
for terms of three years, beginning on January 1. No member shall
be eligible to appointment for more than two consecutive terms.
An unexpired term of a board member shall be filled in the same
manner as an original appointment is made. The appointment shall
be for the remainder of the unexpired term. All appointments of
members of the board by the Governor are subject to confirmation
by the Senate pursuant to section 4, Article III of the Oregon
Constitution.
(4) Two months before the expiration of the term of office of a
nurse member of the board, or when a vacancy occurs in the office
of a nurse member, the Oregon Nurses Association or any other
organization representing registered nurses, if the vacancy is in
a registered nurse position, or the Oregon Licensed Practical
Nurses Association or any other organization representing
licensed practical nurses, if the vacancy is in a licensed
practical nurse position, may submit a list of three names of
persons qualified for the appointment. The appointment of nurse
members or practical nurse members may be made from the
respective lists.
(5) At the time of appointment, each member of the board must
be a citizen of the United States and a resident of Oregon. Each
nurse member must be currently licensed and not under
disciplinary status with the board in the category for which
appointed with at least five years' experience therein, three of
which were immediately prior to appointment. The public member
and any person in the immediate family of the public member shall
not be employed as a health professional or in any health-related
industry.
(6) The Governor may remove a member of the board for cause.
[{[+[ NOTE:[+[} Conforms language to legislative style.
SECTION 343. ORS 678.820 is amended to read:
678.820. It shall be the function of the board to:
(1) Develop, impose and enforce standards which shall be met by
individuals in order to receive and retain a license as a nursing
home administrator, which standards shall be designed to insure
that nursing home administrators will be individuals who are
qualified by training or experience in the field of long-term
health care administration to serve as nursing home
[{[-[administrator[-[} [{[+[administrators[+[}.
(2) Develop and apply appropriate techniques, including
examinations and investigations for determining whether an
individual meets such standards, if examinations are reviewed
periodically to insure validity.
(3) Issue licenses to individuals determined after application
of such techniques, to meet such standards, and subject to ORS
183.310 to 183.550 impose any of the sanctions set out in ORS
678.780 where the individual holding any such license is
determined substantially to have failed to conform to the
requirements of such standards.
(4) Establish and carry out procedures designed to insure that
individuals licensed as nursing home administrators will, during
any period that they serve as such, comply with the requirements
of such standards.
(5) Receive, investigate and take appropriate action with
respect to any charge or complaint filed with the board in
writing, charging that any individual licensed as a nursing home
administrator has failed to comply with the requirements of such
standards.
(6) Conduct a continuing study and investigation of nursing
homes and administrators of nursing homes within the state with a
view to the improvement of standards imposed for the licensing of
such administrators and the procedures and methods for the
enforcement of such standards with respect to administrators of
nursing homes who have been licensed as such.
(7) Encourage qualified educational institutions and other
qualified organizations to establish, provide, conduct and
continue such training and instruction courses and programs as
will enable all otherwise qualified individuals to meet
requirements established under ORS 678.710 to 678.780, 678.800 to
678.840 and 678.990 (2).
(8) Approve courses and programs conducted within or without
the state as sufficient to meet education and training
requirements established pursuant to ORS 678.710 to 678.780,
678.800 to 678.840 and 678.990 (2) and advise the appropriate
state agencies regarding receipt and administration of such
federal funds as are made available for such purposes.
(9) In accordance with ORS 183.300, adopt, amend and repeal
rules which are necessary to carry out the provisions of ORS
678.710 to 678.780, 678.800 to 678.840 and 678.990 (2).
(10) Maintain a register of all licensed nursing home
administrators.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 344. ORS 683.510 is amended to read:
683.510. As used in ORS 683.520 [{[-[and[-[} [{[+[to[+[}
683.530, ' dispensing optician' means a person who prepares and
dispenses lenses, eyeglasses and appurtenances thereto to the
intended wearers thereof on written prescriptions from a
physician licensed under ORS chapter 677 or an optometrist and,
in accordance with such prescriptions, measures, adapts, adjusts
and fabricates such lenses, eyeglasses and appurtenances for the
aid or correction of visual or ocular anomalies of the human eye.
[{[+[ NOTE:[+[} Revises statutory structure to allow
application of definition to series.
SECTION 345. ORS 684.092 is amended to read:
684.092. (1) Except as provided in subsection (2) of this
section, each chiropractic physician[{[+[,[+[} at the time the
chiropractic physician submits any fee required under ORS
684.090, shall submit evidence satisfactory to the board of the
successful completion of an approved program of continuing
chiropractic education, if any, in that 12-month period preceding
the date on which the evidence is submitted.
(2) The board may exempt a chiropractic physician from the
requirements of subsection (1) of this section upon an
application by the chiropractic physician showing by evidence
satisfactory to the board that the chiropractic physician is
unable to comply with the requirements because of unusual or
extenuating circumstances or because no program has been approved
by the board.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 346. ORS 686.210 is amended to read:
686.210. (1) There is created the Oregon State Veterinary
Medical Examining Board in the Health Division which shall carry
out the purposes and enforce the provisions of this chapter. The
board shall consist of seven members appointed by the Governor
for a term of four years. Appointments made by the Governor to
the
[{[-[state[-[} board may be selected from a list of five names
for each appointment suggested by the Oregon Veterinary Medical
Association. Five members shall be licensed to practice
veterinary medicine, surgery and dentistry in this state. Two
members shall be public members. Any appointments to fill
vacancies by reason of death, resignation or removal shall be
made by the Governor for the residue of the term of the retiring
member. All appointments of members of the board by the Governor
are subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565.
(2) The board may appoint an executive secretary. Nothing in
this chapter shall be construed to prevent assistance being
rendered by the executive secretary of the board in any hearing
called by it.
(3) Pursuant to ORS 183.310 to 183.550 the board may adopt
rules necessary for the administration of this chapter.
[{[+[ NOTE:[+[} Corrects reference to board.
SECTION 347. ORS 688.040 is amended to read:
688.040. Any person desiring to be a licensed physical
therapist or physical therapist assistant shall apply in writing
to the board, upon such form and in such manner as shall be
provided by the board. Each application shall include or be
accompanied by evidence, under oath or affirmation and
satisfactory to the board, that the applicant [{[-[possess[-[}
[{[+[possesses[+[} the qualifications prescribed by ORS 688.050
(1) to (3) for applicants for licensing as a physical therapist
and ORS 688.055 for applicants for licensing as a physical
therapist assistant.
[{[+[ NOTE:[+[} Corrects agreement of subject and verb.
SECTION 348. ORS 689.832 is amended to read:
689.832. (1) In addition to any other liability or penalty
provided by law, the State Board of Pharmacy may impose a civil
penalty of not to exceed $1,000 for each violation on any person
who violates the provisions of this chapter [{[-[, ORS
430.400[-[} or ORS chapter 475 or any rule of the board.
(2) All penalties recovered under this section shall be paid
into the State Treasury and credited to the Board of Pharmacy
Account in the Health Division Account.
(3) Any civil penalty under this section shall be imposed in
the manner provided in ORS 183.090.
(4) Notwithstanding ORS 183.090, the person to whom the notice
is addressed shall have 10 days from the date of service of the
notice in which to make written application for a hearing before
the board.
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 349. ORS 691.555 is amended to read:
691.555. (1) When the Board of Examiners of Licensed Dietitians
proposes to refuse to issue or renew a license, or proposes to
revoke or suspend a license, opportunity for hearing shall be
accorded as provided in ORS 183.310 to [{[-[183.500[-[}
[{[+[183.550[+[}.
(2) Judicial review of orders under subsection (1) of this
section shall be in accordance with ORS 183.310 to
[{[-[183.500[-[} [{[+[ 183.550[+[}.
[{[+[ NOTE:[+[} Corrects series references.
SECTION 350. [{[+[ORS 696.800 to 696.855 is added to and made a
part of ORS 696.710 to 696.990.[+[}
[{[+[ NOTE:[+[} Clarifies statutory structure.
SECTION 351. [{[+[The provisions of ORS 696.800 to 696.855
apply to ORS 696.010 to 696.495.[+[}
[{[+[ NOTE:[+[} Clarifies statutory structure.
SECTION 352. ORS 700.260 is amended to read:
700.260. (1) If, in the opinion of the board, any person is
engaged in an activity that is a violation of any provision of
this chapter or any rules promulgated by the board, the board may
institute in the name of the State of Oregon a suit to restrain
the activity or any further or continued violation.
(2) The Attorney General or the district attorney for the
county in which the proceedings [{[-[is[-[} [{[+[are[+[} to be
brought shall assist the board in carrying out its power under
this section.
[{[+[ NOTE:[+[} Corrects grammar.
SECTION 353. ORS 705.165 is amended to read:
705.165. (1) Except as provided in ORS 59.255, 59.890,
[{[-[59.995,[-[} 59.996 and 645.950, the net amount accruing to
the Department of Consumer and Business Services from all fees,
charges, interest, fines, penalties and miscellaneous revenues
from all sources under ORS chapter 645 and ORS 59.005 to 59.451,
59.660 to 59.830, 59.840 to 59.960, 59.991, [{[-[59.995,[-[}
650.005 to 650.085 and 705.350 shall, after deduction of refunds,
be paid over to the State Treasurer and deposited in a separate
subaccount in the Consumer and Business Services Fund created
under ORS 705.145 at least monthly and is appropriated only for
the expenses of the department in carrying out its functions and
duties under ORS chapter 645 and ORS 59.005 to 59.451, 59.660 to
59.830, 59.840 to 59.960, 59.991, 59.995, 650.005 to 650.085 and
705.350.
(2) Any amount deposited in the separate subaccount in the
Consumer and Business Services Fund as provided in subsection (1)
of this section that at the end of each quarter is determined by
the director to be in excess of the amount needed to administer
ORS chapter 645 and ORS 59.005 to 59.451, 59.660 to 59.830,
59.840 to 59.960, 59.991, 59.995 and 650.005 to 650.085 shall be
transferred to the General Fund and shall become available for
general governmental expenses.
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 354. ORS 708.520 is amended to read:
708.520. (1) On the death of a depositor of an institution or a
national bank, if the deposit is $15,000 or less, the institution
or national bank may, upon receipt of an affidavit from the
person claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit to the credit of the deceased
depositor to:
(a) The surviving spouse;
(b) If there is no surviving spouse, to the Adult and Family
Services Division, on demand of the division within 60 days from
the death of the depositor where there is a preferred claim
arising under ORS 411.795, 412.600, 413.200 or 414.105, or if
there is no claim by the division, to the surviving children 18
years of age or older;
(c) If the depositor left no surviving spouse, Adult and Family
Services Division claim or children, to the depositor's surviving
parents; or
(d) If there is no surviving spouse, Adult and Family Services
Division claim, surviving child or surviving parent, to the
depositor's surviving brothers and sisters 18 years of age or
older.
(2) The affidavit shall:
(a) State where and when the depositor died;
(b) State that the total deposits of the deceased depositor in
all banks in Oregon do not exceed $15,000;
(c) Show the relationship of the affiant or affiants to the
deceased depositor; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased out of the
deposit to the full extent of the deposit if necessary.
[{[-[(e)[-[} [{[+[(3)[+[} In the event the decedent died
intestate without known heirs, the Director of the Division of
State Lands shall be the affiant.
[{[-[(3)[-[} [{[+[(4)[+[} The institution shall determine the
relationship of the affiant to the deceased depositor, however
payment of such moneys in good faith to the affiant or affiants
shall discharge and release the transferor from any liability or
responsibility for the transfer in the same manner and with the
same effect as if the property had been transferred, delivered,
or paid to a personal representative of the estate of the
decedent.
[{[-[(4)[-[} [{[+[(5)[+[} A probate proceeding is not
necessary to establish the right of the surviving spouse, Adult
and Family Services Division claim, or surviving children or
surviving parent or surviving brothers and sisters or the
Director of the Division of State Lands to withdraw the deposits
upon the filing of the affidavit. If a personal representative is
appointed in an estate where a withdrawal of deposits was made
under this section, the person withdrawing the deposits shall
account for them to the personal representative.
[{[-[(5)[-[} [{[+[(6)[+[} When an institution or a national
bank transfers moneys under subsection (1) of this section, the
transferor may require the transferee to furnish the transferor a
written indemnity agreement, indemnifying the transferor against
loss for moneys paid to the extent of the amount of the deposit.
[{[+[ NOTE:[+[} Revises structure for clarity.
SECTION 355. ORS 716.645 is amended to read:
716.645. (1) A savings bank shall not establish a branch office
without the approval of the director.
(2) A savings bank having a guaranty fund of $500,000 or more
may apply to the director for approval to establish a branch
office. The application shall be accompanied by a fee of $1,000,
which is not refundable. Upon the filing of the application the
director shall investigate and examine the application in the
manner required by ORS 716.080 for an application for an original
charter.
(3) If the director approves the application, the director
shall issue to the applicant a certificate to that effect, and if
the director denies approval, the director shall notify the
applicant in writing of the decision. The applicant may appeal
the decision in the manner prescribed in ORS 707.150. An
application shall not be approved for the establishment of a
branch office at a location which would not be approved for a new
savings bank.
(4) A savings bank may participate in the creation and
operation of [{[-[CBCT[-[} [{[+[ATM[+[} facilities in
accordance with ORS 714.210 to 714.992.
[{[+[ NOTE:[+[} Standardizes terminology.
SECTION 356. ORS 731.028 is amended to read:
731.028. The State Accident Insurance Fund Corporation is
subject as a domestic insurer to ORS 731.248, 731.252, 731.256,
731.258, 731.260, 731.296 to 731.316, 731.488, 731.574, 731.730,
731.731, 731.735, 731.737, 731.988, 731.992, 733.010 to 733.060,
733.140 to 733.170, 733.210, 737.205[{[+[, 737.215,[+[}
[{[-[to[-[} 737.225, 737.235 to 737.340, 737.505, 737.560, ORS
chapters 742, 743 and 744, ORS 746.015, 746.075, 746.110, 746.145
to 746.155, 746.230 and 746.240 to the extent that such
provisions are not inconsistent with the express provisions of
ORS chapter 656. However:
(1) The requirements of the Director of the Department of
Consumer and Business Services under ORS 733.010 to 733.060,
733.140 to 733.170 and 733.210 govern in the case of a conflict
between those requirements and the requirements of any accounting
system prescribed by the Oregon Department of Administrative
Services.
(2) The filing requirements of ORS 737.205 to 737.340, 737.505
and 737.560 are in lieu of any similar filing requirements
prescribed by any other law of this state.
(3) The requirements of ORS chapter 743 are applicable only
with respect to excess workers' compensation insurance furnished
by the corporation.
(4) The provisions of ORS chapter 744 apply only with respect
to the regulation of agents.
(5) For each year that the Secretary of State conducts an audit
of the State Accident Insurance Fund Corporation under ORS
297.210, the director may accept the audit and a copy of the
Secretary of State's audit report in lieu of the requirements of
ORS 731.488 if the director determines that the purposes of ORS
731.488 are adequately served by the Secretary of State's audit
and report. The Secretary of State shall file a copy of its audit
report of the State Accident Insurance Fund Corporation with the
director.
[{[+[ NOTE:[+[} Deletes reference to nonexistent series.
SECTION 357. ORS 731.036 is amended to read:
731.036. The Insurance Code does not apply to any of the
following to the extent of the subject matter of the exemption:
(1) A bail bondsman, other than a corporate surety and its
agents[{[+[.[+[} [{[-[;[-[}
(2) A fraternal benefit society that has maintained lodges in
this state and other states for 50 years prior to January 1,
1961, and for which a certificate of authority was not required
on that date[{[+[.[+[} [{[-[;[-[}
(3) A religious organization providing insurance benefits only
to its employees, which organization is in existence and exempt
from taxation under section 501 (c) (3) of the federal Internal
Revenue Code on September 13, 1975[{[+[.[+[} [{[-[;[-[}
(4) Public bodies, as defined in ORS 30.260, that either
individually or jointly establish a self-insurance fund for tort
liability in accordance with ORS 30.282[{[+[.[+[} [{[-[;[-[}
(5) Public bodies, as defined in ORS 30.260, that either
individually or jointly establish a self-insurance fund for
property damage[{[+[.[+[} [{[-[;[-[}
(6) Cities and counties that either individually or jointly
insure for health insurance coverage, excluding disability
insurance, their employees or retired employees, or their
dependents, or combination of employees and dependents, with or
without employee contributions, if all of the following
conditions are met:
(a) The scope of the program meets the following minimum
requirement:
(A) In the case of an individual public body program, the
number of covered employees and retired employees aggregates at
least 1,000 individuals; and
(B) In the case of a joint program of two or more public
bodies, the number of covered employees and retired employees
aggregates at least 1,000 individuals, or the annual
contributions to the program aggregate at least $500,000;
(b) The health insurance includes all coverages and benefits
required of group health insurance policies under ORS chapter
743;
(c) The public body, or the program administrator in the case
of a joint insurance program of two or more public bodies, files
with the Director of the Department of Consumer and Business
Services copies of all documents creating and governing the
program, all forms used to communicate the coverage to
beneficiaries, the schedule of payments established to support
the program and, annually, a financial report showing the total
incurred cost of the program for the preceding year. A copy of
the annual audit required by ORS 297.425 may be used to satisfy
the financial report filing requirement; and
(d) Each public body in a joint insurance program is liable
only to its own employees and no others for benefits under the
program in the event, and to the extent, that no further funds,
including funds from insurance policies obtained by the pool, are
available in the joint insurance pool[{[+[.[+[} [{[-[; or[-[}
(7) All ambulance services.
(8) A person providing either or both of the services described
in this subsection in connection with motor vehicles. The
exemption under this subsection does not apply to an authorized
insurer providing such services under an insurance policy. This
subsection applies to the following services:
(a) Towing service.
(b) Emergency road service, which means adjustment, repair or
replacement of the equipment, tires or mechanical parts of a
motor vehicle in order to permit the motor vehicle to be operated
under its own power.
[{[+[ NOTE:[+[} Corrects punctuation.
SECTION 358. ORS 731.434 is amended to read:
731.434. (1) The provisions, procedures and requirements of ORS
chapter 60 relating to a registered office, registered agent and
to service of process, notice and demand shall govern all
insurers transacting insurance in this state, whether authorized
or unauthorized, except that the Director of the Department of
Consumer and Business Services shall be substituted for the
[{[-[Corporation Commissioner[-[} [{[+[Secretary of State[+[}
as the person with whom all filings shall be made and upon whom,
in the circumstances specified by statute, such service may be
effected.
(2) This section shall not apply to insurers for whom a
certificate of authority is not required under ORS 731.374.
[{[+[ NOTE:[+[} Updates reference to state agency personnel.
SECTION 359. ORS 732.523 is amended to read:
732.523. (1) An acquiring party:
(a) Must file with the director for approval a statement
containing the information required in this section. If more than
one acquiring party is required to file a statement under this
paragraph, any or all such parties acting in concert may file a
joint statement.
(b) Must deliver or mail to the domestic insurer to which the
activity described in ORS 732.521 (1) applies, concurrently with
filing the statement under paragraph (a) of this subsection, a
statement containing the information required by this section. A
statement mailed under this paragraph shall be sent by certified
mail, return receipt requested. If a joint statement is filed
under paragraph (a) of this subsection, the joint statement shall
be the statement mailed or delivered under this paragraph.
(2) The statement to be filed with the director under this
section shall be made under oath or affirmation and shall contain
the following information:
(a) The name and address of the domestic insurer involved and
each acquiring party required to file the statement, and
additional biographical and business information about each
acquiring party required to file the statement, business plans
and information regarding persons who will serve as or perform
functions of directors or officers, as required by the director.
(b) The source, nature and amount of the consideration used or
to be used in effecting the activity, a description of any
transaction in which funds were or are to be obtained for the
activity and the identity of persons furnishing the
consideration. However, when a source of consideration is a loan
made in the lender's ordinary course of business, the identity of
the lender shall remain confidential, if the acquiring party
filing the statement so requests.
(c) Fully audited financial information as to the earnings and
financial condition of each acquiring party for the preceding
five fiscal years of the acquiring party, or for such lesser
period as the acquiring party and any predecessors of the
acquiring party [{[-[has[-[} [{[+[have[+[} been in existence,
and similar unaudited information as of a date not earlier than
90 days prior to the filing of the statement.
(d) Any plan or proposals of each acquiring party required to
file a statement to liquidate the insurer, to sell its assets or
merge or consolidate it with any person, or to make any other
material change in its business or corporate structure or
management.
(e) As required by the director, information regarding shares
to be acquired by an acquiring party in connection with the
activity, information regarding related offers or agreements,
information regarding classes of security to be acquired and
related contracts, arrangements or understandings, and
information regarding related purchases of securities and
recommendations to purchase.
(f) Any additional information required by the director.
(3) All requests or invitations for tenders or advertisements
making a tender offer or requesting or inviting tenders of
securities for control of a domestic insurer made by or on behalf
of any acquiring party required to file the statement under this
section shall contain such information specified in subsection
(2) of this section as the director may prescribe. Copies of the
materials shall be filed with the director at least 10 days prior
to the time the materials are first published or sent or given to
security holders. Any additional materials soliciting or
requesting the tenders subsequent to the initial solicitation or
request shall contain such information as the director may
prescribe. Copies of the additional materials shall be filed with
the director at least 10 days prior to the time the materials are
first published or sent or given to security holders.
(4) If any acquiring party required to file the statement under
this section is a partnership, limited partnership, syndicate or
other group, the director may require that the information called
for by subsection (2) of this section be given with respect to
each partner of the partnership or limited partnership, each
member of the syndicate or group and each person who controls the
partner or member. If any such partner, member or person is a
corporation or if the acquiring party is a corporation, the
director may require that the information called for by
subsection (2) of this section be given with respect to the
corporation and each officer and director of the corporation and
each person who is directly or indirectly the beneficial owner of
more than 10 percent of the outstanding securities of the
corporation.
(5) If any material change occurs in the facts set forth in the
statement filed under this section, the party who filed the
statement must file with the director and send to the insurer,
within two business days after the party learns of the change, an
amendment setting forth the change together with copies of all
documents and other material relevant to the change.
(6) If an offer, request, invitation, agreement or acquisition
referred to in ORS 732.521 (1) is proposed to be made by means of
a registration statement under the Securities Act of 1933 or in
circumstances requiring the disclosure of similar information
under the Securities Exchange Act of 1934, or under a state law
requiring similar registration or disclosure, the party or
parties required to file the statement under this section may use
such documents in furnishing the information called for by that
statement.
(7) Any acquiring party may file with the completed statement
or within 10 days thereafter a written request for a hearing on
the acquisition. The insurer to be acquired may file with the
director a written request for a hearing on the acquisition
within 10 days after the filing of the completed statement.
[{[+[ NOTE:[+[} Corrects grammar.
SECTION 360. ORS 733.600 is amended to read:
733.600. (1) Funds of an insurer may be invested in:
(a) Loans secured by first liens upon improved, unencumbered
real property (other than leaseholds) in the manner and subject
to the same terms and conditions set forth in ORS 733.580 (1)(b),
except that the property may be located within the boundaries of
any sovereign; for loans described in [{[-[subparagraph (B) of
such paragraph[-[} [{[+[ ORS 733.580 (1)(b)(B)[+[}, the maximum
permitted ratio of the loan to the appraised value shall be 80
rather than 66-2/3 percent, and the maximum term of the loan
shall be 30 rather than 25 years.
(b) Loans secured by first liens upon a leasehold of improved,
unencumbered real property located within the boundaries of any
sovereign if:
(A) The leasehold has a period of not less than 20 years to run
from the date of the loan, inclusive of the term which may be
provided by an enforceable option of renewal, the loan does not
exceed 70 percent of the fair market value of the leasehold
together with any improvements located thereon which are subject
to the lien, the terms of the loan provide for amortization
payments to be made by the borrower on the principal thereof at
least once in each year in amounts sufficient to completely
amortize the loan within a period of four-fifths of the term of
the leasehold, and the insurer is entitled to be subrogated to
all rights of the lessee under the leasehold; or
(B) The investment is insured or guaranteed in the manner
provided in ORS 733.580 (1)(b)(C).
(2) A loan upon the security of real property or a leasehold
interest therein which is a participation in or a part of a
series or issue shall not be made unless the insurer holds a
senior participation or similar security interest in the mortgage
or deed of trust giving it substantially the rights of a first
mortgagee.
(3) Nothing in ORS 733.510 to 733.780 shall prohibit an insurer
from renewing or extending a proper loan secured by a first lien
upon real property or a leasehold interest therein made pursuant
to this section or to ORS 733.580 for the original or a lesser
amount even though such amount is a greater percentage of the
current fair market value of the real property or leasehold than
would otherwise be permitted under such sections.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 361. ORS 735.610 is amended to read:
735.610. (1) There is created in the Department of Consumer and
Business Services the Oregon Medical Insurance Pool Board. The
board shall establish the Oregon Medical Insurance Pool and
otherwise carry out the responsibilities of the board under ORS
735.600 to 735.650.
(2) The board shall consist of nine individuals, eight of whom
shall be appointed by the Director of the Department of Consumer
and Business Services. The Director of the Department of Consumer
and Business Services or the director's [{[-[designees[-[}
[{[+[designee[+[} shall be a member of the board. The chair of
the board shall be elected from among the members of the board.
The board shall at all times, to the extent possible, include at
least one representative of a domestic insurance company licensed
to transact health insurance, one representative of a domestic
not-for-profit health care service contractor, one representative
of a health maintenance organization, one representative of
reinsurers and two members of the general public who are not
associated with the medical profession, a hospital or an insurer.
(3) The director may fill any vacancy on the board by
appointment.
(4) The board shall have the general powers and authority
granted under the laws of this state to insurance companies with
a certificate of authority to transact health insurance and the
specific authority to:
(a) Enter into such contracts as are necessary or proper to
carry out the provisions and purposes of ORS 735.600 to 735.650
including the authority to enter into contracts with similar
pools of other states for the joint performance of common
administrative functions, or with persons or other organizations
for the performance of administrative functions;
(b) Recover any assessments for, on behalf of, or against
insurers;
(c) Take such legal action as [{[+[is[+[} necessary to avoid
the payment of improper claims against the pool or the coverage
provided by or through the pool;
(d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, agents' referral fees, claim
reserves or formulas and perform any other actuarial function
appropriate to the operation of the pool. Rates shall not be
unreasonable in relation to the coverage provided, the risk
experience and expenses of providing the coverage. Rates and rate
schedules may be adjusted for appropriate risk factors such as
age and area variation in claim costs and shall take into
consideration appropriate risk factors in accordance with
established actuarial and underwriting practices;
(e) Issue policies of insurance in accordance with the
requirements of ORS 735.600 to 735.650;
(f) Appoint from among insurers appropriate actuarial and other
committees as necessary to provide technical assistance in the
operation of the pool, policy and other contract design, and any
other function within the authority of the board;
(g) Seek advances to effect the purposes of the pool; and
(h) Establish rules, conditions and procedures for reinsuring
risks under ORS 735.600 to 735.650.
(5) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(6) The Director of the Department of Consumer and Business
Services shall adopt rules recommended by the board for the
purpose of carrying out ORS 735.600 to 735.650, as provided under
ORS 183.310 to 183.550.
(7) The director shall employ such staff and consultants as may
be necessary for the purpose of carrying out responsibilities
under ORS 735.600 to 735.650.
[{[+[ NOTE:[+[} Corrects word choice; corrects syntax.
SECTION 362. ORS 737.346 is amended to read:
737.346. (1) As used in this section, 'fictitious grouping '
means a grouping by way of membership, license, franchise,
contract, agreement or any method other than common ownership, or
use and control.
(2) No insurer shall:
(a) Make available, through any rating plan or form, property,
inland marine, casualty or surety insurance, or any combination
thereof, at a preferred rate or premium to any person based upon
a fictitious grouping of that person.
(b) Write or deliver a form, plan or policy of insurance
covering a grouping or combination of persons or risks, any of
which are within this state, at a preferred rate or form other
than that offered to the public generally and persons not in the
group, unless the form, plan or policy and the rates or premiums
to be charged therefor have been approved by the director. The
director shall not approve any form, plan or policy, or the rates
therefor, that would constitute a violation of paragraph (a) of
this subsection.
(3) Nothing in this section applies:
(a) To policies of life or health insurance;
(b) To insurance for public bodies as defined in ORS 30.260;
(c) To insurance for employers subject to ORS chapter 656 who
are primarily engaged in farming. Any contract negotiated by an
exempt farming group, including the rate, shall be restricted to
members of the group;
(d) To property and casualty insurance policies for personal,
family or household purposes, and not for commercial or business
purposes, under the following conditions:
(A) If the policies are offered to members of an association,
including a labor union, which has had an active existence for at
least one year, has a constitution and bylaws and is maintained
in good faith for purposes other than that of obtaining
insurance;
(B) If the policies are based on premiums that are adequate to
support coverage of the group without subsidy by other rate
payers; and
(C) If the insurer does not unfairly discriminate against
holders of other insurance policies;
(e) To liability and property insurance required under ORS
767.195 for persons who apply for or who have received authority
issued by the Public Utility Commission under ORS chapter 767 to
transport logs, poles or pilings or any of the products described
in ORS 767.145 (1)(a), (b) or (i);
(f) To liability or casualty insurance issued in this state on
commercial risks, if:
(A) The policy requires active participation in a plan of risk
management which has established measures and procedures to
minimize both the frequency and severity of losses;
(B) The policy passes on the benefits of reduced losses to plan
participants; and
(C) Rates are actuarially measurable and credible and
sufficiently related to actual and expected loss and expense
experience of the group so as to assure that nonmembers of the
group are not unfairly discriminated against; or
(g) To insurance for day care facilities that are certified in
accordance with ORS [{[-[chapter 418[-[} [{[+[ 657A.250 to
657A.450[+[}.
(4) Under ORS 731.244, the director shall make rules necessary
for implementation of this section.
[{[+[ NOTE:[+[} Corrects ORS reference.
SECTION 363. ORS 742.460 is amended to read:
742.460. Any motor vehicle liability insurance policy may
provide that the insured shall reimburse the insurer for any
payment the insurer would not have been obligated to make under
the terms of the policy except for the provisions of ORS
[{[-[742.031, 742.400,[-[} 742.450 to 742.464, 806.080 and
806.270 and it may further provide for the prorating of the
insurance thereunder with other valid and collectible insurance.
[{[+[ NOTE:[+[} Removes inapplicable section references.
SECTION 364. ORS 743.652 is amended to read:
743.652. As used in ORS 743.650 to 743.656, 748.603 and
750.055, unless the context requires otherwise:
(1) 'Applicant' means:
(a) In the case of an individual long term care insurance
policy, the person who seeks to contract for benefits; and
(b) In the case of a group long term care insurance policy, the
proposed certificate holder.
(2) 'Certificate' means any certificate issued under a group
long term care insurance policy, if the policy has been delivered
or issued for delivery in this state.
(3) 'Director' means the Director of the Department of Consumer
and Business Services.
(4) 'Elimination period' means the period at the beginning of a
disability during which no benefits are payable.
(5) 'Functionally necessary' or 'functionally impaired ' means
a need of a person who is not able to perform independently
activities of daily living because of a physical or cognitive
impairment.
(6) 'Group long term care insurance' means a long term care
insurance policy that is delivered or issued for delivery in this
state and issued to:
(a) One or more employers or labor organizations, or to a trust
or to the trustees of a fund established by one or more employers
or labor organizations, or a combination thereof, for employees
or former employees or a combination thereof, or for members or
former members, or a combination thereof, of the labor
organizations; or
(b) Any professional, trade or occupational association for its
members or former or retired members, or combination thereof, if
such association:
(A) Is composed of individuals all of whom are or were actively
engaged in the same profession, trade or occupation; and
(B) Has been maintained in good faith for purposes other than
obtaining insurance; or
(c)(A) An association or a trust or the trustee of a fund
established, created or maintained for the benefit of members of
one or more associations. Prior to advertising, marketing or
offering such policy within this state, the association or
associations, or the insurer of the association or associations
shall file evidence with the director that the association or
associations have been organized and maintained in good faith for
purposes other than that of obtaining insurance; have been in
active existence for at least one year; and have a constitution
and bylaws that provide that:
(i) The association or associations hold regular meetings not
less than annually to further purposes of the members;
(ii) Except for credit unions, the association or associations
collect dues or solicit contributions from members; and
(iii) The members have voting privileges and representation on
the governing board and committees; and
(B) Sixty days after such filing, the association or
associations shall be considered to satisfy such organizational
requirements, unless the director makes a finding that the
association or associations do not satisfy those organizational
requirements; and
(d) A group other than as described in paragraphs (a), (b) and
(c) of this subsection, subject to a finding by the director
that:
(A) The issuance of the group policy is not contrary to the
best interest of the public;
(B) The issuance of the group policy would result in economies
of acquisition or administration; and
(C) The benefits are reasonable in relation to the premiums
charged.
(7) 'Long term care insurance' means any insurance advertised,
marketed, offered or designed to provide coverage for not less
than 24 months for each covered person on an expense incurred,
indemnity, prepaid or other basis; for one or more functionally
necessary or medically necessary services, including but not
limited to nursing, diagnostic, preventive, therapeutic,
rehabilitative, maintenance or personal care services, provided
in a setting other than an acute care unit of a hospital. 'Long
term care insurance' includes group and individual policies or
riders whether issued by insurers; fraternal benefit societies;
nonprofit health, hospital and medical service corporations;
prepaid health plans; [{[+[or[+[} health maintenance
organizations, health care service contractors or any similar
organization. 'Long term care insurance' shall not include any
insurance policy which is offered primarily to provide basic
Medicare supplement coverage, basic hospital expense coverage,
basic medical-surgical expense coverage, hospital confinement
indemnity coverage, major medical expense coverage, disability
income protection coverage, catastrophic coverage, accident only
coverage, specified disease or specified accident coverage.
(8) 'Policy' means any policy, contract, subscriber agreement,
rider or indorsement delivered or issued for delivery in this
state by an insurer; fraternal benefit society; nonprofit health,
hospital or medical service corporation; prepaid health plan;
[{[+[or[+[} health maintenance organization, health care service
contractor or any similar organization.
[{[+[ NOTE:[+[} Adds connecting word.
SECTION 365. ORS 743.722 is amended to read:
743.722. (1) Whenever any individual or group health insurance
policy provides for payment or reimbursement for acupuncture
services performed by a physician, the policy also shall pay or
reimburse the insured for acupuncture services performed by an
acupuncturist licensed under ORS [{[-[677.765 and[-[}
[{[+[677.757 to[+[} 677.770. The payment or reimbursement shall
be in accordance with the benefits provided in the policy and
shall be computed in the same manner whether performed by a
physician or an acupuncturist, according to the customary and
usual fee of acupuncturists in the area served.
(2)(a) Subsection (1) of this section does not require the
employment of acupuncturists licensed under ORS [{[-[677.765
and[-[} [{[+[677.757 to[+[} 677.770 by group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII subchapter XI of the Public Health Service Act (42
U.S.C. �300e et seq.).
(b) When a group practice health maintenance organization
reimburses its members for acupuncture services performed by
physicians outside its employ, it shall also reimburse its
members for acupuncture services performed by an acupuncturist.
[{[+[ NOTE:[+[} Revises statutory structure to create series of
pertinent statutes.
SECTION 366. ORS 750.705 is amended to read:
750.705. (1) The following provisions of the Insurance Code
shall apply to legal expense organizations to the extent so
applicable and not inconsistent with the express provisions of
ORS 750.505 to 750.715:
(a) ORS 731.004 to 731.026, 731.032 to 731.150, 731.158,
731.216 to 731.362, 731.385, 731.386, 731.398 to 731.430,
731.450, 731.454, 731.504, 731.508, 731.509, 731.510, 731.511,
731.512, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737,
731.804 and 731.844 to 731.992.
(b) ORS 732.230, 732.245, 732.250, 732.320, 732.325 and 732.517
to 732.546.
(c) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.710 to 733.780.
(d) ORS 737.205[{[+[, 737.215,[+[} [{[-[to[-[} 737.225,
737.235 to 737.340 and 737.505.
(e) ORS 742.001 to 742.009, 742.013 to 742.056 and 742.061.
(f) ORS 746.005 to 746.045, 746.065, 746.075, 746.100 to
746.130, 746.160 and 746.230 to 746.370.
(2) For the purposes of this section only, legal expense
organizations shall be considered insurers.
[{[+[ NOTE:[+[} Deletes reference to nonexistent series.
SECTION 367. ORS 801.285 is amended to read:
801.285. 'Fixed load vehicle' means all of the following apply
to the vehicle:
(1) It is a vehicle with or without motive power that is
designed and used primarily:
(a) To support and move a permanent load in the form of
equipment or appliances constructed as part of or permanently
attached to the body of the vehicle;
(b) For transportation of equipment or appliances that are
ordinarily kept on or in the vehicle in order that the vehicle
may be used for its primary purpose; and
(c) Except for the transportation of permanent load, appliances
and equipment described in paragraphs (a) and (b) of this
subsection, for purposes other than for the transportation of
persons or property over public highways or streets.
(2) It is a vehicle other than the following:
(a) A manufactured structure.
(b) A travel trailer.
(c) A tow vehicle, including a tow vehicle with cranes, hoists
or dollies.
(d) A truck-mounted transit mixer.
(e) A self-propelled mobile crane.
(3) It is a vehicle that may include, but is not limited to,
the following vehicles:
(a) Air compressors, air drills, asphalt plants, asphalt
spreaders, bituminous plants, bituminous mixers, bituminous
spreaders and bucket loaders;
(b) Cement batch plants, cement mixers other than transit mix,
cement spreaders, carryalls, crawler cranes, crushers and
crushing plants, diggers and ditchers, power units and plants;
(c) Earthmoving scrapers, electric generating equipment,
electric load-bank and wiring equipment, front-end loaders,
leveling graders, lighting plants and portable wiring, motor
graders, payloaders, power hoists, road graders, scoopmobiles,
skip hoists, stackers and hoists;
(d) Athey wheels, back hoes, bituminous and cement pavement
finishers, drag lines, fork lift trucks, log loaders, mixmobiles,
portable bins, portable parts and storage bins, portable shops,
portable storage tanks, power shovels, road rollers, sheepsfoot
rollers and paving mixers, towermobiles, welders, yarders;
(e) Bituminous and cement finishing machines, elevator
equipment, scarifiers and rooters, traction engines, vibro
screens and rotary screens, wheeled and crawler tractors other
than truck tractors; and
(f) Apron feeders, grain grinders, grain rollers, sand
classifiers and drags, sawmills and special construction
equipment, scrap metal bailers, scrubber screens [{[-[,[-[}
[{[+[and[+[} plate feeders.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 368. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicles Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicles Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aeronautic
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415 and amounts transferred to
the State Aeronautic Account by ORS 319.417.
(c) After deduction of current expenses of collection and
transfer, the department shall pay moneys collected from the
Motor Vehicle Accident Fund eligibility fee under ORS 807.040,
807.150 and 807.370, to the State Treasurer for deposit to the
credit of the Motor Vehicle Accident Fund. The department shall
pay the moneys under this paragraph on a monthly basis.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the Department of Education for the
following purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(e) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
[{[-[Traffic[-[} [{[+[Transportation[+[} Safety Account. Moneys
paid to the State Treasurer under this paragraph shall be used
for the purpose of ORS 802.320.
(f) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses heretofore and hereafter incurred in
administering programs established under ORS 366.157.
(g) After deduction of expenses of collection, transfer and
administration, including the expenses of establishment and
operation of Class I all-terrain vehicle safety education courses
under ORS 821.180, the department shall place moneys received
from sources described in ORS 802.130 in the All-Terrain Vehicle
Account in the State Highway Fund established by ORS 802.130.
(h) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(i) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund.
(j) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Safety Education Fund eligibility fee under ORS 807.040,
807.150 and 807.370 to the State Treasurer for deposit in the
Safety Education Fund established under ORS 802.155.
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicles Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain $2,500 per year as the only
payment for the administrative expenses of collecting and
transferring of moneys for the Motor Vehicle Accident Fund as
allowed under this section.
(e) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the director certifies the amount of principal or
interest of highway bonds due on any particular date, the
department may make available for the payment of such interest or
principal any sums that may be necessary to the extent of moneys
on hand available for the State Highway Fund regardless of the
dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(d) Moneys to be transferred to the All-Terrain Vehicle Account
under ORS 802.130 shall be transferred within 30 days after the
end of the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Any remaining money shall:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall only be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefore by any means other than the exercise of eminent
domain, and for the enforcement of ORS 811.590, 821.100 to
821.120, 821.140, 821.150, 821.190, 821.210 and 821.240 to
821.300.
(c) Moneys transferred under ORS 802.130 shall be used as
described in ORS 802.140. The amount available under ORS 802.140
(1) for the development and maintenance of snowmobile facilities
shall be used with moneys described in paragraph (b) of this
subsection that are available for that purpose.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The money in the account is continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
[{[+[ NOTE:[+[} Corrects name of account.
SECTION 369. [{[+[(1) The amendment of ORS 802.300 by section
77, chapter 741, Oregon Laws 1993, was intended to change the
name of the Traffic Safety Committee to the Transportation Safety
Committee.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Traffic Safety
Committee from which duties, functions or powers were transferred
by chapter 741, Oregon Laws 1993, wherever they occur in Oregon
Revised Statutes, other words designating the Transportation
Safety Committee to which such duties, functions or powers were
transferred.[+[}
[{[+[ NOTE:[+[} Ratifies name change of Transportation Safety
Committee.
SECTION 370. ORS 809.410 is amended to read:
809.410. This section, ORS 813.400 and 813.403 establish
grounds for the suspension and revocation of driving privileges
and commercial driver licenses by the Department of
Transportation, whether the suspension or revocation is mandatory
or permissive, the length of time the suspensions will be
effective and special provisions relating to certain suspensions
and revocations. Hearing and administrative review procedures for
this section, ORS 813.400 and 813.403 are established under ORS
809.440. The following apply as described:
(1) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle constitutes grounds for revocation of driving privileges.
The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period described in this
paragraph except that the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings. The period of revocation shall be
for a period of:
(A) Five years from the date of revocation except as provided
in subparagraph (B) of this paragraph.
(B) One year if the revocation is for an assault that is not
punishable as a felony.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(d) The provisions of this subsection do not apply to a person
whose driving privileges are ordered revoked under ORS 809.235.
(2) Any degree of recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(c) A suspension under this subsection shall be for a period
described under Schedule I of ORS 809.420, except that the
department shall not reinstate any driving privileges to the
person until the person has complied with future responsibility
filings.
(3) Perjury or the making of a false affidavit to the
department under any law of this state requiring the registration
of vehicles or regulating their operation on the highways
constitutes grounds for revocation of driving privileges. The
following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(4) Any felony conviction with proof of a material element
involving the operation of a motor vehicle constitutes grounds
for revocation of driving privileges. The following apply to this
subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(5) Failure to perform the duties of a driver to injured
persons under ORS 811.705 constitutes grounds for revocation of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(6) Reckless driving constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except that the department shall
not reinstate any driving privileges to the person until the
person complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(7) Failure to perform duties of a driver when property is
damaged under ORS 811.700 constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction of an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(8) Fleeing or attempting to elude a police officer under ORS
811.540 constitutes grounds for suspension of driving privileges.
The following apply to this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges.
(b) The suspension shall be for a period described under
Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(9) Failure to file accident reports required under ORS 811.725
or 811.730 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if the person fails to make
the required accident reports.
(b) The suspension shall continue until the person makes the
required reports and complies with future responsibility filings
or for five years from the date of suspension, whichever is
sooner.
(10) Failure to make future responsibility filing described in
this subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person who fails to
comply with future responsibility filings whenever required under
the vehicle code or to provide new proof for future
responsibility filings when requested by the department.
(b) The suspension shall continue until the person complies
with future responsibility filings.
(c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a contested case hearing prior
to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction
or other action by a court is entitled to administrative review
of a suspension under this subsection. A person whose suspension
under this subsection is based on lapses in filing after the
initial filing has been made is entitled to administrative
review.
(11) Failure to settle judgments as described in this
subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person has a judgment
of the type described under ORS 806.040 rendered against the
person and the person does not settle the judgment in the manner
described under ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the
person complies with future responsibility filings and does one
of the following:
(A) Settles the judgment in the manner described in ORS
809.470.
(B) Has an insurer which has been found by the department to be
obligated to pay the judgment provided that there has been no
final adjudication by a court that such insurer has no such
obligation.
(C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order
permitting the payment thereof in installments.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(12) False certification of financial responsibility
requirements constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person falsely
certifies the existence of a motor vehicle liability insurance
policy or the existence of some other means of satisfying
financial responsibility requirements or if a person, after
certifying the existence of a motor vehicle liability insurance
policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in
compliance with financial responsibility requirements.
(b) The department shall only suspend under this subsection if
proof of compliance with financial responsibility requirements as
of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date
of the mailing of the department's demand therefor under ORS
806.160.
(c) The suspension shall continue until the person complies
with future responsibility filings.
(13) Failure to take examination upon request of the department
under ORS 807.340 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person if the
department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length
of time after being notified to do so or fails to satisfactorily
complete the required examination.
(b) The suspension shall continue until the examination
required by the department is successfully completed.
(c) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
(14) Failure to obtain required medical clearance under ORS
807.070 or 807.090 upon request by the department constitutes
grounds for suspension of driving privileges. The following apply
to this subsection:
(a) The department shall suspend the driving privileges of the
person if the department requests the person to obtain medical
clearance described by this subsection and the person fails to do
so.
(b) The suspension under this subsection shall continue until
the required medical clearance is received by the department.
(15) Causing or contributing to an accident resulting in death
or injury to any other person or serious property damage through
incompetence, recklessness, criminal negligence or unlawful
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(16) Incompetence to drive a motor vehicle because of a mental
or physical condition rendering it unsafe for a person to drive a
motor vehicle upon the highways constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. A suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440 except that a person who has submitted
a certificate of eligibility under ORS 807.090 is entitled only
to administrative review of a suspension.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(17) Habitual incompetence, recklessness or criminal negligence
of a driver of a motor vehicle or committing a serious violation
of the motor vehicle laws of this state constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(18) A conviction under ORS 811.700 or 811.705 for failure to
perform the duties of a driver while operating a commercial motor
vehicle or any conviction of a crime punishable as a felony
involving the operation of a commercial motor vehicle constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for a period of time according to
the following:
(A) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was not driving a commercial motor
vehicle containing a hazardous material at the time the offense
was committed, the suspension shall be for a period of one year.
(B) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was driving a commercial motor vehicle
containing a hazardous material at the time the offense was
committed, the suspension shall be for a period of three years.
(C) If the person's commercial driver license has previously
been suspended under this subsection, ORS 813.403 or 813.410 (2),
the suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(19) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony involving the manufacturing,
distributing or dispensing of a controlled substance constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(d) 'Controlled substance' has the meaning given that term in
ORS 475.005 (6).
(20) Incompetence to operate a motorcycle constitutes grounds
for revocation of a motorcycle indorsement. The following apply
to this subsection:
(a) Whenever the department has reason to believe an individual
with a motorcycle indorsement under ORS 807.170 comes within the
grounds described in this subsection, the department may revoke
the indorsement.
(b) Upon revocation under this subsection, the license shall be
surrendered to the department.
(c) Upon surrender of the indorsed license, the department may
issue a license without indorsement for the unexpired period of
the license.
(21) The department forthwith shall suspend the driving
privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident
at any time when the department determines the person has been
operating a vehicle in violation of ORS 806.010. A suspension
under this subsection shall be for a period of one year except
that the department shall not reinstate any driving privileges to
the person until the person complies with future responsibility
filing requirements.
(22) Upon notification by the superintendent of a hospital
under ORS 807.700 that a person should not drive, the department
shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review and shall continue until such time as the
person produces a judicial decree of competency or a certificate
from the superintendent of the hospital that the person is
competent or establishes eligibility under ORS 807.090.
(23) Upon notification by a court under ORS 153.625 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review and shall continue until such time as the person
establishes eligibility under ORS 807.090.
(24) The department shall suspend driving privileges when
provided under ORS 809.290. The suspension shall continue until
the earlier of the following:
(a) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.290 to make the person not subject to suspension.
(b) Five years from the date the suspension is imposed.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(25) Criminal trespass under ORS 164.245 that involves the
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to suspension on
grounds described in this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges of the person
convicted for a period of six months from the date of suspension.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(26) Agreements entered under ORS 802.530 may establish grounds
and procedures for the suspension of driving privileges.
(27) Violation of restrictions placed on driving privileges
under ORS 807.120 or 809.310 constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department receives satisfactory evidence that the person has
violated restrictions placed on the person's driving privileges.
Any suspension under this paragraph shall be subject to a
post-imposition hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department, but in no event for longer
than one year, and shall be subject to any conditions the
department determines necessary.
(28)(a) The department shall suspend driving privileges as
provided under ORS 809.405.
(b) The suspension shall continue until the person reaches 18
years of age or until the suspension is terminated as provided in
ORS 809.405.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(29) Upon receipt of a record of a person's second conviction
of a serious traffic violation within a three-year period, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license if the
convictions arose out of separate incidents. A suspension under
this subsection shall be for a period of 60 days. A person is
entitled to administrative review of a suspension under this
subsection.
(30) Upon receipt of a record of a person's third or subsequent
conviction of a serious traffic violation within a three-year
period, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
if the convictions arose out of separate incidents. A suspension
under this subsection shall be for a period of 120 days. A person
is entitled to administrative review of a suspension under this
subsection.
(31)(a) Upon receipt of a record of conviction of an offense
described in ORS 809.310, the department shall, or upon
determination by the department that the person has committed an
act that constitutes such an offense, the department may suspend
any driving privileges, any right to apply for privileges or any
identification card of the person convicted or determined to have
committed the act.
(b) A suspension under this [{[-[section[-[}
[{[+[subsection[+[} shall continue for a period of one year.
(c) A person is entitled to administrative review of a
suspension under this subsection if the suspension is based upon
a conviction. If the suspension is based upon a determination by
the department, the person is entitled to a hearing as described
in ORS 809.440.
(32) Upon receipt of a first notice indicating that a person
has violated an out-of-service order issued under ORS 813.050 or
has knowingly violated any other out-of-service order or notice,
the department shall suspend the person's commercial driver
license or right to apply for a commercial driver license for a
period of 90 days. For purposes of this subsection, 'notice '
includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
(33) Upon receipt of a second or subsequent notice indicating
that a person has violated an out-of-service order issued under
ORS 813.050 or has knowingly violated any other out-of-service
order or notice, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license for a period of not more than five years. The
department by rule may establish a suspension period of less than
five years if the department determines that it would be in the
public interest to do so and relevant laws or rules of the United
States authorize such a lesser suspension period. For purposes of
this subsection, 'notice' includes, but is not necessarily
limited to, a record of conviction and a record of a
determination by a state or federal agency with jurisdiction to
make such determinations that the person has violated an
out-of-service order or notice. A person is entitled to
administrative review of a suspension under this subsection.
[{[+[ NOTE:[+[} Corrects terminology to reflect legislative
form and style.
SECTION 371. ORS 810.180 is amended to read:
810.180. This section grants authority to establish speeds for
operation of a vehicle upon a highway and speeds that are
different from those established under ORS 811.105 as evidence of
violation of the basic speed rule under ORS 811.100. Speed limits
established under this section are subject to the conditions
described in the subsection granting authority to establish the
speed limit, as follows:
(1) The Department of Transportation may establish a maximum
speed limit that is applicable to the operation of all vehicles
upon all highways in this state unless a different maximum speed
limit for certain vehicles or on certain highways is specifically
provided by law. A speed limit established under this subsection
is subject to all of the following:
(a) A speed limit established by this section shall be known as
the federal maximum speed limit.
(b) The department may establish a speed limit under this
subsection when the commission determines that there is a
critical need to conserve fuel because of current or imminent
fuel shortages and that limiting the maximum speeds of vehicles
will significantly conserve motor fuel or when the department
determines that establishing a speed limit under this subsection
is a necessary condition to the receipt of federal highway funds.
(c) The department may not establish a maximum speed limit of
more than 55 miles per hour under this subsection.
(d) A maximum speed limit established under this subsection is
subject to ORS 811.108 regarding relationships among certain
provisions of law governing speed.
(e) A maximum speed established under this subsection may not
be raised by any authority granted under any other subsection in
this section.
(f) Violation of a speed limit established under this
subsection is punishable as provided under ORS 811.110.
(2) The department may override the maximum speed limit
established for ocean shores under ORS 811.120 and establish a
maximum speed limit of less than 25 miles per hour on any
specified section of ocean shore if the department determines
that the maximum speed limit established under ORS 811.120 is
greater than is reasonable or safe under the conditions that
exist with respect to that part of the ocean shore. The authority
granted under this subsection is subject to all of the following:
(a) The department may [{[-[only[-[} make the determination
required under this subsection [{[+[only[+[} on the basis of an
investigation.
(b) A speed limit established under this subsection is
effective when posted upon appropriate fixed or variable signs.
(c) A speed limit established under this subsection does not
authorize speeds higher than those required for compliance with
the basic speed rule under ORS 811.100.
(d) Penalties for violation of a speed limit established under
this subsection are as provided in ORS 811.120.
(3) The department may override the maximum speed limit
established for rural interstate highways under ORS 811.112 on
any specified section of rural interstate highway if the
department determines that the maximum speed limit established
under ORS 811.112 is greater than is reasonable or safe with
respect to the conditions that exist with respect to that part of
the rural interstate highway.
(4) Each road authority, with respect to its own highways or
streets may reduce designated or maximum speed limits of vehicles
as necessary, in its judgment, to protect any highway or section
thereof from being unduly damaged or to protect the safety of the
public when hazards are created by road conditions. The following
apply to the authority granted under this subsection:
(a) Speeds may only be reduced for a specific period of time or
temporarily for a specific class or type of vehicle that is
causing an identified damage to highways.
(b) This subsection shall not be used to establish any
permanent speed reduction. If a permanent speed reduction is
required, it may only be imposed under the procedures established
under this section for permanently establishing a speed
reduction.
(c) The authority granted by this subsection may only be
exercised if the ordinance or order, as appropriate, that imposes
the speed reduction specifies the hazard or damage and is
effective only for a specified time that corresponds to the
hazard or damage identified.
(d) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
(e) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof.
(5) Each road authority, with respect to its own highways or
streets, may designate speeds for vehicles upon any portion of
the highway or street upon which temporary conditions
constituting a danger to the public exist or above, below or upon
which construction or maintenance work is being carried on so
close to the roadway as to be a danger to passing traffic or to
be endangered by passing traffic. The following apply to this
subsection:
(a) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
(b) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof.
(6) Road authorities may regulate the speed of vehicles in
parks under their jurisdiction. A road authority regulating the
speed of vehicles under this subsection shall place and maintain
signs at all park entrances to give notice of any special speed
regulation.
(7) The department may designate a speed on any state highway
or section thereof that is different than a speed designated as
prima facie evidence under ORS 811.105 of violation of the basic
speed rule under ORS 811.100 if the department determines that
the speed designated under ORS 811.105 is greater or less than is
reasonable or safe under conditions the department finds to
exist. The authority granted under this subsection is subject to
all of the following:
(a) The department shall [{[-[only[-[} designate
[{[-[speeds[-[} under this subsection [{[+[only speeds[+[} that
the department determines are reasonable and safe on the highway
under the conditions the department finds to exist.
(b) The department may exercise the authority under this
subsection only on state highways that are outside the corporate
limits of any city.
(c) The department shall [{[-[only[-[} exercise authority
granted under this subsection [{[+[only if such action is[+[}
based upon an engineering and traffic investigation.
(d) Penalties for violation of a speed designated under this
subsection are provided under ORS 811.100 and 811.105.
(e) A speed designated under this subsection is effective when
appropriate signs giving notice of the speed limit are erected
upon the highway where the limit is imposed.
(8) The department, by rule, may designate reasonable and safe
speeds on highways or portions of highways. The authority granted
under this subsection includes, but is not limited to, authority
to establish different speeds for different kinds or classes of
vehicles as the department determines reasonable and safe. The
authority granted under this subsection is subject to all of the
following:
(a) The department, by rule, may delegate its authority under
this subsection with respect to highways that are low volume or
not hard surfaced to a city or county with jurisdiction over the
highway. The department shall [{[-[only[-[} delegate authority
under this paragraph [{[+[only[+[} if it determines that the city
or county will exercise the authority according to criteria
adopted by the department.
(b) Penalties for violation of a speed established under this
subsection are provided under ORS 811.100 and 811.105.
(c) The department shall use procedures established by rule to
establish speeds under this subsection.
(d) A speed established under this subsection is effective when
appropriate signs giving notice thereof are erected upon the
highway or section of highway. All signs erected under this
paragraph shall comply with ORS 810.200.
(e) The expense of erecting any sign under this subsection
shall be borne by the road authority having jurisdiction over the
highway.
(f) The department, by rule, may designate a speed on a highway
or section thereof after a request is received from the road
authority for a highway. The application required under this
subsection must state a recommended speed. The department may
determine the speed to designate under its authority based on an
engineering and traffic investigation. The department:
(A) May change the existing speed on the highway if the
department determines that the designated speed is greater or
less than reasonable or safe under conditions the department
finds to exist.
(B) Shall not make a final determination to change a speed
under this subsection without providing the affected road
jurisdiction due notice and opportunity for a hearing. The
department shall give written notice of its determination
concerning a designated speed under this subsection.
(g) An affected road authority may file written objections to
any speed established by the department under this subsection
which affects it.
(9) The department may establish an emergency speed on any
highway under the jurisdiction of the department that is
different
[{[-[than[-[} [{[+[from[+[} the existing speed on the highway.
The authority granted under this subsection is subject to all of
the following:
(a) Penalties for violation of a speed established under this
subsection are provided under ORS 811.100 and 811.105.
(b) A speed established under this subsection is effective when
appropriate signs giving notice thereof are erected upon the
highway or section of highway. All signs erected under this
subsection shall comply with ORS 810.200.
(c) The expense of erecting any sign under this subsection
shall be borne by the road authority having jurisdiction over the
highway.
(d) A speed established under this subsection may be effective
for not more than 120 days.
(e) If the department establishes an emergency temporary speed
under this subsection, it shall determine whether the department
should permanently change the speed within 120 days after the
speed becomes effective. The department shall use authority
otherwise granted under this section if it determines to
permanently establish the speed.
(f) The department may [{[-[only[-[} establish a speed under
this subsection [{[+[only[+[} upon the application of the road
authority for the highway.
(10) The department may supersede a maximum speed limit
established for urban areas under ORS 811.123 and designate a
speed greater or less than one specified in ORS 811.123 on any
specified section of a highway in an urban area if the department
determines that a maximum speed limit established under ORS
811.123 is not reasonable or safe with respect to that part of
the highway. A designated speed established under this subsection
is effective when appropriate signs giving notice thereof are
erected on the affected section of highway.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 372. ORS 811.220 is amended to read:
811.220. The Director of Transportation shall issue a
certificate of exemption required under ORS 811.215 for any
person on whose behalf a statement signed by a physician is
presented to the Department of Transportation. For a physician's
statement to qualify under this section, the physician giving the
statement must set forth reasons in the statement why use of a
child safety system, or safety belt or safety harness by the
[{[-[child[-[} [{[+[person[+[} would be impractical or harmful
to the person by reason of physical condition, medical problem or
body size.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 373. ORS 811.615 is amended to read:
811.615. (1) A person commits the offense of unlawful parking
in a space reserved for disabled persons if:
(a) The person parks a vehicle in any parking space that is on
private or public property and that is marked or signed to
provide parking for disabled persons and the vehicle does not
conspicuously display a disabled person parking permit described
under ORS 811.602 or 811.606; or
(b) The person parks a vehicle in the aisle required by ORS
447.233 regardless of whether or not the vehicle displays a
disabled person parking permit.
(2) This section does not apply to any of the following:
(a) Momentarily parking a vehicle in a parking space marked or
signed for disabled persons for the purposes of allowing a
disabled person to enter or leave the vehicle.
(b) Any parking space that is marked or signed to provide
parking for disabled persons and that is subject to different
provisions or requirements under city or county ordinance if the
different provisions or requirements are clearly posted.
(3) Unless the police officer or other authorized person
issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation
of this section was parked by the registered owner of the vehicle
and the citation issued for the violation may be placed upon the
vehicle. If the parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, the operator of the vehicle is in violation of this
section.
(4) The penalties provided by this section are in addition to
the following:
(a) A vehicle parked on private property in violation of this
section is subject to removal under ORS 98.810 and to lien and
sale under ORS 98.812.
(b) A vehicle parked in violation of this section may be
removed and sold as provided under ORS 811.620.
(5) The offense described in this section, unlawful parking in
a space reserved for disabled persons, is a Class B traffic
infraction except that a person in violation of this section
shall pay a minimum fine of [{[-[$100[-[} [{[+[$190[+[}.
Notwithstanding any other provision of law, a court may not
suspend imposition or execution of a sentence to pay at least the
minimum fine required by this section unless the court finds that
the defendant is indigent.
[{[+[ NOTE:[+[} Conforms amount of bail to that set in ORS
153.623 (29).
SECTION 374. ORS 811.625 is amended to read:
811.625. (1) A person commits the offense of the unlawful use
of a disabled person parking permit by a nondisabled person if
the person:
(a) Is not a disabled person and is not transporting the holder
of a disabled person parking permit to or from the parking
location; and
(b) The person uses a disabled person parking permit described
under ORS 811.602 or 811.606 to exercise any privileges granted
under ORS 811.635.
(2) The offense described in this section, unlawful use of
disabled person parking permit by a nondisabled person, is a
Class B traffic infraction except that a person in violation of
this section shall pay a minimum fine of [{[-[$100[-[}
[{[+[$190[+[}. Notwithstanding any other provision of law, a
court may not suspend imposition or execution of a sentence to
pay at least the minimum fine required by this section unless the
court finds that the defendant is indigent.
[{[+[ NOTE:[+[} Conforms amount of bail to that set in ORS
153.623 (29).
SECTION 375. ORS 815.075 is amended to read:
815.075. (1) A person commits the offense of selling vehicles
or equipment that [{[-[violate[-[} [{[+[violates[+[} state
equipment administrative rules if the person sells or offers for
sale any vehicle or sells or offers for sale for use upon a
vehicle or uses on any vehicle any equipment if the vehicle or
equipment:
(a) Does not conform to standards established by the Department
of Transportation by rule under ORS 815.030; and
(b) Does not bear thereon proof of certification that it
complies with the applicable standards.
(2) Proof of certification required under this section may be
made in any manner provided under ORS 815.030.
(3) This section is subject to the following exemptions in
addition to any exemptions under ORS 801.026:
(a) Vehicles of special interest that are registered under ORS
805.020 are deemed to comply with this section if the vehicles
are equipped with original manufacturer's equipment and
accessories, or their equivalent, and are maintained in safe
operating order.
(b) Road machinery, road rollers, implements of husbandry, farm
trailers and farm tractors are not subject to this section.
(c) Antique vehicles are not subject to this section if the
vehicles are maintained as collectors' items and used for
exhibitions, parades, club activities and similar uses, but not
used primarily for the transportation of persons or property.
(4) The offense described under this section, selling vehicles
or equipment that [{[-[violate[-[} [{[+[violates[+[} state
equipment administrative rules, is a Class B traffic infraction.
[{[+[ NOTE:[+[} Corrects grammar.
SECTION 376. ORS 818.100 is amended to read:
818.100. This section establishes exemptions from the maximum
size limitations under ORS 818.080 and 818.090. The exemptions
under this section are in addition to any exemptions under ORS
801.026. Operation in accordance with one of the exemptions
described is not subject to ORS 818.090. Exemptions are partial
or complete as described in the following:
(1) The maximum size limits do not apply on any way,
thoroughfare or place owned by a district formed under ORS
chapters 545, 547, 551 or a corporation formed under ORS chapter
554.
(2) The maximum size limits do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used
pursuant to any agreement with any agency of the United States or
with a licensee of such agency or both.
(3) The maximum size limits do not apply to any vehicle,
combination of vehicles, article, machine or other equipment
while being used by the Federal Government, the State of Oregon
or any county or incorporated city in the construction,
maintenance or repair of public highways and at the immediate
location or site of such construction, maintenance or repair.
(4) The maximum size limits do not apply to vehicles while
being used on the roads of a road authority by mass transit
districts for the purposes authorized under ORS 267.010 to
267.390, provided the size of the vehicles is approved by the
road authority for the roads.
(5) Size limits are not applicable in any place and to the
extent size limits are modified by a road authority under ORS
810.060. The exemption under this subsection is subject to the
limitations imposed by the road authority exercising the powers
granted under ORS 810.060.
(6) Operations authorized to exceed size limits by a variance
permit issued under ORS 818.200 are subject to the terms of the
permit. It shall be a defense to any charge of violation of ORS
818.090 if the person so charged produces a variance permit
issued under ORS 818.200 authorizing the operation of the vehicle
or combination of vehicles issued prior to and valid at the time
of the offense.
(7) Pneumatic tires made of elastic material, flexible mud
flaps, flexible fenders, safety accessories such as clearance
lights, rub rails and binder chains, and appurtenances such as
door handles, door hinges and turning signal brackets may exceed
the maximum allowable width described in Table I of ORS 818.080
by a distance not greater than two inches on each side of the
vehicle.
(8) Rearview mirrors may exceed the maximum allowable width
described in Table I of ORS 818.080 by a distance of not greater
than five inches on each side of the vehicle.
(9) Notwithstanding the maximum allowable length of vehicles
and loads on vehicles under Table I of ORS 818.080[{[+[,[+[}
public utilities, telecommunications utilities, people's
utilities districts and cooperative rural electrification
districts or common or contract carriers when acting as agent for
or on direct orders of such a utility or district, for the
purpose of transporting and hauling poles, piling or structures
used or to be used in connection with their business, may use and
operate upon any highway of this state any combination of
vehicles having an overall length including load the total length
of which is not in excess of 75 feet unless an emergency exists.
(10) The load on a semitrailer may exceed the maximum length
established under ORS 818.080 providing the load does not:
(a) Extend beyond the rear of the semitrailer by more than five
feet;
(b) Extend forward of the rear of the cab of the towing
vehicle; or
(c) Exceed an overall length permitted by a rule, resolution or
ordinance adopted under ORS 810.060.
(11) The load upon a truck tractor and pole trailer may exceed
the maximum length established under ORS 818.080 if the overall
length does not exceed that authorized by a rule, resolution or
ordinance adopted under ORS 810.060.
(12) None of the size limits described under ORS 818.080 except
the maximum limit of allowable extension beyond the last axle of
a combination of vehicles under Table II apply to implements of
husbandry hauled, towed or moved upon any highway not a part of
the Federal Interstate Highway System, if the movement is
incidental to a farming operation and the owner of the implement
of husbandry is engaged in farming.
(13) The rear overhang of a combination of vehicles described
in this subsection may extend more than one-third but not more
than one-half the length of the wheelbase of the combination of
vehicles. This subsection is applicable to any combination of
vehicles consisting of a motor vehicle towing any of the
following:
(a) A manufactured structure or travel trailer.
(b) Any trailer designed to carry a single nonmotorized
aircraft.
(14) A recreational vehicle, manufactured dwelling or
prefabricated structure may exceed the maximum width established
under ORS 818.080 if the total outside width of the recreational
vehicle, manufactured dwelling or prefabricated structure does
not exceed eight and one-half feet.
(15) A boat trailer or a boat may exceed the maximum width
established under ORS 818.080 if the total outside width of the
boat trailer or boat does not exceed eight and one-half feet.
(16) A combination of a motor home not longer than 40 feet with
one other vehicle, when operating on Group 1 or Group 2 highways
as designated by the department, may exceed the maximum lengths
established under ORS 818.080 if the overall length of the two
vehicles is 60 feet or less.
[{[+[ NOTE:[+[} Adds clarifying punctuation.
SECTION 377. ORS 818.430 is amended to read:
818.430. This section establishes schedules of penalties for
violations of maximum weight requirements under the vehicle code.
The particular schedule applicable is the schedule designated in
the section establishing the offense. Upon conviction, a person
is punishable by a fine and other penalty established in the
schedule. Fines are based upon the excess weight by which any
loaded weight exceeds the applicable loaded weight authorized in
the provision, permit, order or resolution the person violates.
The schedules are as follows:
(1) The penalties under Schedule I are as provided in this
subsection. If the excess weight is:
(a) One thousand pounds or less by a fine of $5.
(b) More than 1,000 pounds, but not in excess of 2,000 pounds,
by a fine of not less than $30.
(c) More than 2,000 pounds, but not in excess of 3,000 pounds,
by a fine of not more than three cents per pound for each pound
of the excess weight.
(d) More than 3,000 pounds, but not in excess of 5,000 pounds,
the fine shall be five cents per pound for each pound of the
excess weight.
(e) More than 5,000 pounds, but not in excess of 7,500 pounds,
the fine shall be 13 cents per pound for each pound of the excess
weight.
(f) More than 7,500 pounds, but not in excess of 10,000 pounds,
the fine shall be 15 cents per pound for each pound of the excess
weight.
(g) More than 10,000 pounds, but not in excess of 12,500
pounds, the fine shall be 19 cents for each pound of the excess
weight.
(h) More than 12,500 pounds over the allowable weight, 24 cents
per pound for each pound of excess weight.
(2) The penalties under Schedule II are as provided in this
subsection. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
fine shall be $190 plus 19 cents per pound of the excess weight.
(b) More than 5,000 pounds, but not in excess of 10,000 pounds,
the fine shall be $470 plus 28 cents per pound of the excess
weight.
(c) More than 10,000 pounds, the fine shall be $940 plus 57
cents per pound of the excess weight.
(3) The per pound penalty in subsection (2) of this section
shall be waived by the court and the fine shall be not more than
$190 if a person charged with an offense punishable under
Schedule II produces in court a second valid variance permit
issued under ORS 818.200 authorizing a loaded weight equal to or
greater than the actual loaded weight of the vehicle, combination
of vehicles, axle, tandem axles or group of axles upon which the
citation was based.
(4) The penalties under Schedule III are as provided in this
subsection and are in addition to any suspension of operator's
license under ORS 809.120 or any suspension of vehicle
registration under ORS 809.120. If the excess weight is:
(a) One hundred pounds, but not in excess of 5,000 pounds, the
fine shall be $190 plus 28 cents per pound for each pound of the
excess weight.
(b) More than 5,000 pounds but [{[-[less than[-[} [{[+[not in
excess of[+[} 10,000 pounds, the fine shall be $420 plus 38 cents
per pound for each pound of excess weight.
(c) More than 10,000 pounds, the penalty shall be a fine of
$940 plus 57 cents per pound for each pound of excess weight or
imprisonment in the county or municipal jail for not less than 30
days nor more than 60 days, or both.
[{[+[ NOTE:[+[} Conforms language to that in other parts of
statute.
SECTION 378. ORS 819.150 is amended to read:
819.150. The owner, a person entitled to possession or any
person with an interest recorded on the title of a vehicle taken
into custody under ORS 819.110, 819.120 or 819.130:
(1) Is liable for all costs and expenses incurred in the
removal, preservation and custody of the vehicle and its contents
except that:
(a) The owner, a person entitled to the vehicle or any person
with an interest [{[-[shown on the certificate of[-[}
[{[+[recorded on the[+[} title is not liable for nor shall be
required to pay storage charges for a period in excess of 20 days
unless the person has received a written notice under ORS
819.160. In no case shall a person be required to pay storage
charges for a storage period in excess of 60 days.
(b) A security interest holder is not liable under this
subsection unless the security interest holder reclaims the
vehicle.
(2) May reclaim the vehicle at any time after it is taken into
custody and before the vehicle is sold or disposed of under ORS
819.210 or 819.220 upon presentation to the authority holding the
vehicle of satisfactory proof of ownership or right to possession
and upon payment of costs and expenses for which the person is
liable under this section.
(3) If the vehicle is taken into custody under ORS 819.110,
819.120 or 819.130, has a right to request and have a hearing
under ORS 819.190 or under procedures established under ORS
801.040, as appropriate.
(4) If the vehicle is sold or disposed of under ORS 819.210,
819.215 or 819.220, has no further right, title or claim to or
interest in the vehicle or the contents of the vehicle.
(5) If the vehicle is sold or disposed of under ORS 819.210,
has a right to claim the balance of the proceeds from the sale or
disposition as provided under ORS 819.260.
(6) Has no right to a hearing if the vehicle is disposed of
under ORS 819.215.
[{[+[ NOTE:[+[} Conforms terminology to chapter 233, Oregon
Laws 1993.
SECTION 379. ORS 819.160 is amended to read:
819.160. (1) Except as otherwise provided by this section, a
person shall have a lien on the vehicle and its contents if the
person, at the request of an authority described under ORS
819.140, tows any of the following vehicles:
(a) An abandoned vehicle appraised at a value of more than $200
by a person who holds a certificate issued under ORS 819.230.
(b) A vehicle taken into custody under ORS 819.110, 819.120 or
819.130, unless it is an abandoned vehicle appraised at a value
of $200 or less by a person who holds a certificate issued under
ORS 819.230.
(c) A vehicle left parked or standing in violation of ORS
811.555 or 811.570.
(2) A lien established under this section shall be on the
vehicle and its contents for the just and reasonable charges for
the towing service performed and any storage provided. However,
if the person who tows the vehicle fails to comply with the
notice requirements of subsection (3) of this section, the amount
of any lien claimed under this paragraph shall be limited to an
amount equal to the just and reasonable charges for the towing
service performed and storage provided for a period not exceeding
20 days from the date the vehicle and its contents were placed in
storage. The lien shall be subject to the provisions for liens
under ORS 98.812 (3). The person holding the lien may retain
possession of the vehicle and contents until the charges on which
the lien is based are paid. A lien described under this section
does not attach:
(a) To the contents of any vehicle taken from public property
until 15 days after taking the vehicle into custody.
(b) To the contents of any vehicle that is taken into custody
for violation of ORS 811.555 or 811.570.
(3) A person who tows any vehicle at the request of an
authority under ORS 819.110 or 819.120 shall transmit by
certified mail, within 20 days after the vehicle and its contents
are placed in storage, written notice, approved by the authority,
containing information on the procedures necessary to obtain a
hearing under ORS 819.190. The notice shall be provided to the
owner, a person entitled to possession or any person with an
interest [{[-[shown on the certificate of[-[} [{[+[recorded on
the[+[} title to the vehicle. This subsection does not apply to a
person who tows an abandoned vehicle that is appraised at a value
of $200 or less by a person who holds a certificate issued under
ORS 819.230.
[{[+[ NOTE:[+[} Conforms terminology to chapter 233, Oregon
Laws 1993.
SECTION 380. ORS 819.440 is amended to read:
819.440. When a police officer discovers a vehicle or
component, including a transmission[{[+[,[+[} engine or other
severable portion of a vehicle which possesses or did possess an
identification number, from which the vehicle identification
number assigned to the vehicle or component has been removed,
defaced, covered, altered or destroyed the police officer may
seize and hold it for identification and disposal as provided
under the following:
(1) The police agency having custody of the property shall have
a specially qualified inspector or police officer inspect the
property for the purpose of locating the identification number.
(2) If the identification number is found it shall be checked
with the list of stolen vehicles maintained by the National Crime
Information Center.
(3) If the identification number is not found the police agency
shall apply to the Department of Transportation for renumbering
under ORS 819.400.
(4) When the property is not listed as stolen and the
identification number is established, the property shall be
returned to the person from whom it was seized if:
(a) The person can establish that the person is the owner of
the property;
(b) The person executes a good and valid surety bond in an
amount at least equal to the market value of the property and
conditioned upon return of the property to the owner, if one can
be established; or
(c) The person has a certificate as a vehicle dealer issued
under ORS 822.020 or a certificate as a wrecker issued under ORS
822.110.
(5) If the person to whom the property was returned does not
establish the person's ownership of the property, the police
agency shall make reasonable efforts to determine the names and
addresses of the owner and all persons of record having an
interest in the property. If the police agency is able to
determine the names and addresses of the owner and such other
interested persons it shall immediately notify the owner by
registered or certified mail of the disposition of the property.
(6) If the identification number of property seized is not
established or if the property is reported as stolen the police
agency having custody of the property shall do all of the
following:
(a) After making reasonable efforts to ascertain the names and
addresses of the owner and all persons of record having an
interest in the property, notify the person from whom the
property was seized, and the owner and such other persons if they
can be ascertained, of their right to respond within 60 days from
the issuance of the notice through court action for the return of
the seized property.
(b) Advertise, as required by this subsection, the taking of
the property, the description thereof and a statement of the
rights of an owner or other persons of record having an interest
in the property to respond through court action for the return of
the seized property.
(c) Place the advertisement in a daily newspaper published in
the city or county where the property was taken, or if a daily
newspaper is not published in such city or county, in a newspaper
having weekly circulation in the city or county, once a week for
two consecutive weeks and by handbills posted in three public
places near the place of seizure.
(7) If court action is not initiated within 60 days from the
issuance of notice the property shall be sold at public auction
by the sheriff or other local police agency having custody of the
property.
(8) Property seized and held by or at the direction of the
Department of State Police shall be delivered to the sheriff of
the county in which the vehicle was located at the time it was
taken into custody for sale under this subsection.
(9) The sheriff or other local police agency, after deducting
the expense of keeping the property and the cost of sale, shall
do the following:
(a) Pay all the security interests, according to their
priorities which are established by intervention or otherwise at
such hearing or in other proceeding brought for that purpose.
(b) Pay the balance of the proceeds into the general fund of
the unit of government employing the officers of the selling
police agency.
[{[+[ NOTE:[+[} Adds clarifying punctuation.
SECTION 381. ORS 820.150 is amended to read:
820.150. (1) The State Board of Education, by rule, may
establish classes or types of vehicles that are not considered
school buses or school activity vehicles for purposes of the
Oregon Vehicle Code or classes of school buses or school activity
vehicles that are not subject to regulation under the Oregon
Vehicle Code either partially or completely.
(2) The State Board of Higher Education may adopt separate
rules of the type described under this section for vehicles that
are under its jurisdiction.
(3) Rules adopted under this section are subject to the
following:
(a) Any exemption, either partial or total, established under
this section may be based upon passenger capacity, on limited use
or on any other basis the board or Department [{[+[of
Education[+[} considers appropriate.
(b) No exemption, either partial or total, shall be established
under this section for any vehicle that is marked with or
displays the words 'school bus. '
(c) Any vehicle determined not to be a school bus under this
section is not a school bus within the definition established
under ORS 801.460. Partial exemptions established for vehicles
under this section may include removal of the vehicle from any
provisions relating to school buses under the vehicle code.
(d) Any vehicle determined not to be a school activity vehicle
under this section is not a school activity vehicle within the
definition established under ORS 801.455. Partial exemptions
established for vehicles under this section may include removal
of the vehicle from any provisions relating to school activity
vehicles under the vehicle code.
(e) In considering any rules under this section, the boards
shall consider the need to assure student safety.
[{[+[ NOTE:[+[} Clarifies reference to state agency.
SECTION 382. ORS 822.050 is amended to read:
822.050. (1) The Department of Transportation may revoke,
suspend or place on probation a vehicle dealer if the department
determines at any time for due cause that the dealer has done any
of the following:
(a) Violated any grounds for revocation, suspension or
probation adopted by the department by rule under ORS 822.035.
(b) Failed to comply with the requirements of the vehicle code
with reference to notices or reports of the transfer of vehicles
or campers.
(c) Moved [{[+[a manufactured structure[+[} or caused a
manufactured structure to be moved without complying with the
requirements for trip permits under ORS 820.560.
(d) Caused or suffered or is permitting the unlawful use of any
certificate or registration plates.
(e) Violated or caused or permitted to be violated ORS 815.410,
815.415, 815.425 or 815.430.
(f) Falsely certified under ORS 822.033 that the dealer is
exempt from the requirement under ORS 822.020 or 822.040 to file
a certificate of insurance.
(g) Continued to fail to provide clear title or repeatedly
failed to provide clear title in violation of ORS 822.045.
(2) The department shall cancel a vehicle dealer certificate
immediately upon receipt of legal notice that the bond described
under ORS 822.030 is canceled.
(3) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that the certificate of
insurance required under ORS 822.033 is canceled.
(4) Upon revocation, cancellation or suspension of a vehicle
dealer certificate under this section, the department shall
recall and demand the return of the certificate and any vehicle
dealer plates issued.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 383. ORS 830.185 is amended to read:
830.185. (1) No person shall operate a boat with an outboard or
inboard motor at a speed in excess of 10 miles per hour during
those hours of the day and on those days of the year that it is
lawful to fish, on East Lake, Paulina Lake and Elk Lake in
Deschutes County; Magone Lake in Grant County; Timothy Lake in
Clackamas County; Davis Lake in Deschutes and Klamath Counties
and Diamond Lake in Douglas County.
(2) No person shall operate a boat with an outboard or inboard
motor at a speed in excess of 10 miles per hour on the following
named waters of this state located in the counties named:
_________________________________________________________________
Counties Lakes and Reservoirs
Clackamas [{[-[Clear Lake and[-[} On that portion of the waters
of the reservoir known as North Fork Reservoir which
lies upstream from a line drawn across the reservoir at
right angles to the thread of the stream at a point 2.3
miles upstream from the North Fork Dam measured along
the thread of the stream
DeschutesHosmer, Lava, Little Cultus, Little Lava, Sparks Lakes
and Crane Prairie Reservoir
JeffersonOn that portion of the waters behind Pelton Dam, known
as Lake Simtustus, which lies upstream from a line drawn
across the lake at right angles to the thread of the
stream at a point .85 miles upstream from the Pelton Dam
measured along the thread of the stream
Klamath That portion of Upper Klamath Lake that lies west of a
line beginning at a point on the north shore of Pelican
Bay one-quarter mile east of Crystal Creek and extending
due south to the opposite shore of the lake; any stream,
creek or canal that leads into the portion of Upper
Klamath Lake described above including Crystal Creek,
Recreation Creek and Four-Mile Creek, also known as
Harriman Creek
Lane Waldo Lake
Linn Smith and Trailbridge Reservoirs
[{[+[ WasClear Lake[+[}
_________________________________________________________________
[{[+[ NOTE:[+[} Corrects erroneous reference to location of
Clear Lake.
SECTION 384. ORS 835.045 is amended to read:
835.045. The [{[-[Director of Transportation[-[}
[{[+[manager[+[} shall be appointed with due regard to fitness,
by aeronautical education and by knowledge of and recent
practical experience in aeronautics, for the efficient dispatch
of the powers and duties duly vested in and imposed upon the
[{[-[director[-[} [{[+[manager[+[}. The
[{[-[director[-[} [{[+[manager[+[} shall devote the entire time
of the [{[-[director[-[} [{[+[manager[+[} to the duties of
office and shall not be actively engaged or employed in any other
business, vocation or employment, nor shall the
[{[-[director[-[} [{[+[manager[+[} have a pecuniary interest in
or any stock in or bond of any civil aeronautics enterprise. The
[{[-[director[-[} [{[+[manager[+[} shall receive such
compensation as the commission may determine. The
[{[-[director[-[} [{[+[manager[+[} shall be reimbursed as
provided by ORS 292.495 for all travel and other expenses
incurred by the [{[-[director[-[} [{[+[manager[+[} in the
discharge of official duties.
[{[+[ NOTE:[+[} Corrects reference to state agency personnel.
SECTION 385. [{[+[ORS 835.050 is repealed.[+[}
[{[+[ NOTE:[+[} Deletes statutory provisions already required
under ORS 366.150.
SECTION 386. [{[+[Sections 1, 2, 4, 5, 6, 7, 8, 9 and 10,
chapter 679, Oregon Laws 1985, are repealed.[+[}
[{[+[ NOTE:[+[} Deletes obsolete provisions.
SECTION 387. Section 7, chapter 290, Oregon Laws 1987, as
amended by section 2, chapter 622, Oregon Laws 1991, section 8,
chapter 872, Oregon Laws 1991 and section 1, chapter 231, Oregon
Laws 1993, is amended to read:
[{[+[ Sec. 7.[+[} (1) In order to fund the programs provided in
sections 2 to 6 and 9 to 14, chapter 290, Oregon Laws 1987, the
commission shall develop and implement a system for assessing a
surcharge in an amount not to exceed 25 cents per access line per
month, against all [{[-[telecommunication's[-[}
[{[+[telecommunications[+[} subscribers other than those who
receive the benefits of these programs.
(2) Moneys collected pursuant to the surcharge shall not be
considered in any proceeding to establish rates for
[{[-[telecommunication[-[} [{[+[telecommunications[+[} service.
(3) The commission shall direct telecommunications public
utilities to identify separately in bills to customers for
service the surcharge imposed pursuant to this section.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 388. Section 2, chapter 791, Oregon Laws 1989, as
amended by section 1, chapter 291, Oregon Laws 1991, and section
44, chapter 508, Oregon Laws 1993, is amended to read:
[{[+[ Sec. 2.[+[} As used in sections 2 to 14, chapter 791,
Oregon Laws 1989, unless the context requires otherwise:
(1) 'All persons known to have an interest' means:
(a) Any person who has, prior to the time the property is
seized for forfeiture, filed notice of interest with any public
office as may be required or permitted by law to be filed with
respect to the property which has been seized for forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including
all owners and occupants of the property, whose identity and
address is known or is ascertainable upon diligent inquiry and
whose rights and interest in the property may be affected by the
action.
(2) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(3) 'Costs and disbursements' are those expenditures set forth
in ORCP 68 A.
(4) 'Financial institution' means any person lawfully
conducting business as:
(a) An institution, a savings bank, a stock savings bank, a
national bank, a foreign institution, an extranational
institution, as those terms are defined in ORS 706.005, or a
federal savings bank;
(b) A savings association or a federal association as those
terms are defined in ORS 722.004;
(c) A bank holding company or savings and loan holding company,
or any subsidiary of a bank holding company, a savings and loan
holding company or of any entity described in paragraph (a) or
(b) of this subsection;
(d) A credit union as defined in ORS 723.006 or a federal
credit union;
(e) A consumer finance company subject to the provisions of ORS
chapter 725;
(f) A mortgage banker or a mortgage broker as those terms are
defined in ORS 59.840, a mortgage servicing company or other
mortgage company;
(g) An officer, agency, department or instrumentality of the
Federal Government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The Veterans Administration;
(D) The Farmers Home Administration;
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Administration;
(G) The Federal Home Loan Mortgage Association;
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(h) An agency, department or instrumentality of the state,
including but not limited to:
(A) The Housing Agency;
(B) Any entity established by the Director of Veterans' Affairs
to carry out the provisions of ORS chapter 407; and
(C) The Public Employes' Retirement System;
(i) An agency, department or instrumentality of any
municipality in the state, including but not limited to such
agencies as the Portland Development Commission;
(j) An insurer as defined in ORS 731.106;
(k) A private mortgage insurance company;
(L) A pension plan or fund or other retirement plan; and
(m) A broker-dealer or investment adviser as defined in ORS
59.015.
(5) 'Forfeiting agency' means the State of Oregon or a
political subdivision thereof that has accepted for forfeiture
property seized by a seizing agency or that is processing a
forfeiture case.
(6) 'Forfeiture counsel' means an attorney designated to
represent a forfeiting agency in forfeiture actions or
proceedings.
(7) 'Law enforcement agency' means any agency which employs
police officers or prosecutes criminal cases.
(8) 'Official law enforcement use' or 'official law enforcement
activity' means uses or activities which may reasonably be
expected to result in the identification, apprehension or
conviction of criminal offenders.
(9) 'Police officer' has the meaning given that term in ORS
133.525.
(10) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from, maintained by or realized through an
act or omission, and includes any benefit, interest or property
of any kind without reduction for expenses of acquiring or
maintaining it or incurred for any other reason.
(11) 'Prohibited conduct' includes violation of, solicitation
to violate, attempt to violate or conspiracy to violate any
provisions of ORS [{[-[430.400,[-[} 475.005 to 475.285 and
475.805 to 475.999 when the conduct constitutes either a felony
or misdemeanor as those terms are defined in ORS 161.525 and
161.545.
(12) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(13) 'Seizing agency' means a law enforcement agency that has
seized property for forfeiture.
(14) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, in destroying,
defeating or injuring a person.
[{[+[ NOTE:[+[} Deletes inapplicable reference.
SECTION 389. Section 10, chapter 791, Oregon Laws 1989, as
amended by section 2, chapter 276, Oregon Laws 1991, section 2,
chapter 290, Oregon Laws 1991, section 7, chapter 934, Oregon
Laws 1991, section 1, chapter 552, Oregon Laws 1993, section 3,
chapter 553, Oregon Laws 1993, and section 6, chapter 699, Oregon
Laws 1993, is amended to read:
[{[+[ Sec. 10.[+[} (1) After the forfeiture counsel distributes
property under section 9, chapter 791, Oregon Laws 1989, the
forfeiture counsel shall dispose of and distribute property when
the forfeiting agency is not the state as follows:
(a) Costs shall first be paid from the property or, if the
property is sold, from its proceeds. 'Costs' as used in this
section includes costs, disbursements and attorney fees as
defined in ORCP 68 A and those special expenses, including hourly
investigative costs and the provision of lawful currency,
incurred by any seizing or forfeiting agency in investigating and
prosecuting a specific case. 'Costs' as used in this section also
includes any expenses of servicing or maintaining the seized
property under the provisions of section 5 (3), chapter 791,
Oregon Laws 1989. These costs shall not include the expenditures
made in connection with the ordinary maintenance and operation of
the seizing or forfeiting agency.
(b) The balance of the property shall be credited to the
general fund of the political jurisdiction that operates the
forfeiting agency.
(c) Forfeiture proceeds received by a political subdivision,
including amounts received under an intergovernmental agreement
pursuant to the provisions of section 11b (3), chapter 791,
Oregon Laws 1989, shall be used for enforcement of laws relating
to the unlawful delivery, distribution, manufacture or possession
of controlled substances, including but not limited to use of the
proceeds for controlled substance crime prevention, drug
intervention, drug treatment and drug education programs. Except
as specifically provided by this paragraph, forfeiture proceeds
under this paragraph may not be used for payment of the wages of
peace officers, as defined in ORS 161.015, the purchase,
construction, expansion, remodeling or maintenance of buildings,
or the funding of all or part of any position that was in
existence before [{[-[the effective date of this 1993 Act[-[}
[{[+[August 23, 1993,[+[} and that was previously funded out of
revenues other than forfeiture proceeds. Forfeiture proceeds may
be used for the following:
(A) Payment of that portion of the wages of personnel other
than peace officers who administer the forfeiture laws.
(B) Payment of the wages of peace officers performing
supervisory duties for interagency drug enforcement task forces
created by intergovernmental agreement.
(C) Payments to counties in the manner specified in paragraph
(d) of this subsection.
(D) Payment of overtime wages of peace officers arising out of
drug enforcement duties.
(d) If the political subdivision is not a county, the political
subdivision shall enter into an agreement with the county
pursuant to ORS chapter 190 to provide a portion for prosecution
from these funds. Any intergovernmental agreements or ordinances
providing for the distribution of forfeiture proceeds in effect
on July 24, 1989, shall remain valid unless changed by the
parties.
(e) Except as otherwise provided by intergovernmental
agreement, the forfeiting agency may:
(A) Sell, lease, lend or transfer the property or proceeds to
any federal, state or local law enforcement agency or district
attorney.
(B) Sell the forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(C) Retain the property.
(D) With written authorization from the district attorney for
the forfeiting agency's jurisdiction, destroy any firearms or
controlled substances.
(f) Notwithstanding paragraphs (c) and (d) of this subsection,
before any distribution of funds under paragraph (d) of this
subsection or use of funds in the manner specified by paragraph
(c) of this subsection, the political subdivision shall deduct an
amount equal to five percent of the proceeds credited to the
general fund of the political subdivision under paragraph (b) of
this subsection and deposit that amount in the Illegal Drug
Cleanup Fund established by ORS 475.495 for the purposes
specified in ORS 475.495 (5). The political subdivision shall
sell as much property as may be needed to meet the requirements
of this paragraph. Deposits to the Illegal Drug Cleanup Fund
under this paragraph shall be made once every three months and
are due within 20 days of the end of each quarter. No interest
shall accrue on amounts that are paid within the period specified
by this paragraph.
(g) Notwithstanding paragraphs (c) and (d) of this subsection,
growing equipment and laboratory equipment seized by a forfeiting
agency that was used, or intended for use, in manufacturing of
controlled substances, may be donated to a public school,
community college or institution of higher education.
(2) The forfeiting agency, and any agency which receives
forfeited property or proceeds from the sale of forfeited
property, shall maintain written documentation of each sale,
decision to retain, transfer or other disposition.
(3) Forfeiture counsel shall report each forfeiture to the
Asset Forfeiture Oversight Advisory Committee as soon as
reasonably possible after the conclusion of forfeiture
proceedings, whether or not the forfeiture results in an entry of
judgment under section 9, chapter 791, Oregon Laws 1989. The
committee shall develop and make available forms for the purpose
of reporting forfeitures.
(4) Law enforcement agencies shall supply to forfeiture counsel
all information requested by forfeiture counsel necessary for the
preparation of the report required by subsection (3) of this
section.
(5) Political subdivisions of the state who receive forfeiture
proceeds under this section shall submit a report to the Asset
Forfeiture Oversight Advisory Committee for any year in which
those proceeds are received. The committee shall develop and make
available forms for the purpose of those reports. The forms shall
require the political subdivision to report on how proceeds
received by the political subdivision have [{[+[been[+[} or will
be used, and such other information as may be requested by the
committee. Reports shall be submitted each December 15 for the
last ending fiscal year of the political subdivision.
(6) This section applies only to forfeiture proceeds arising
out of prohibited conduct as defined by section 2 (11), chapter
791, Oregon Laws 1989, and does not apply to proceeds from
forfeiture based on other conduct.
[{[+[ NOTE:[+[} Clarifies reference to date; corrects verb
tense.
SECTION 390. Section 11b, chapter 791, Oregon Laws 1989, as
amended by section 3, chapter 276, Oregon Laws 1991, section 3,
chapter 290, Oregon Laws 1991, and section 7, chapter 699, Oregon
Laws 1993, is amended to read:
[{[+[ Sec. 11b.[+[} After the forfeiture counsel distributes
payments under section 9, chapter 791, Oregon Laws 1989, the
forfeiture counsel shall disburse and distribute payment as
follows when the forfeiting agency is the state or when the state
is the recipient of property forfeited under chapter 791, Oregon
Laws 1989:
(1)(a) Costs shall first be paid from the property or, if the
property is sold, from its proceeds. As used in this section, '
costs' includes attorney fees, costs and disbursements, and those
special expenses, including hourly investigative costs and
including the provision of lawful currency, incurred by any
seizing agency or other agency of the state in investigating and
prosecuting a specific case. 'Costs' as used in this section also
includes any expenses of servicing or maintaining the seized
property under the provisions of section 5 (3), chapter 791,
Oregon Laws 1989. These costs shall not otherwise include the
expenditures made in connection with the ordinary maintenance and
operation of the seizing agency.
(b) Any amount paid to or retained by the Department of Justice
under this subsection shall be deposited in the Criminal Justice
Revolving Account in the State Treasury.
(c) Any [{[-[amounts[-[} [{[+[amount[+[} paid to or retained
by the Oregon State Police under this subsection shall be
deposited in the State Police Account.
(2) The state may:
(a) With written authorization from the district attorney for
the jurisdiction in which the property was seized, destroy any
firearms or controlled substances.
(b) Sell the forfeited property by public or other commercially
reasonable sale and pay from the proceeds the expenses of keeping
and selling the property.
(c) Retain any vehicles, firearms or other equipment usable for
law enforcement purposes, for official law enforcement use
directly by the state.
(d) Lend or transfer any vehicles, firearms or other equipment
usable for law enforcement purposes, to any federal, state or
local law enforcement agency or district attorney for official
law enforcement use directly by the transferee entity.
(3) When the state has entered into an intergovernmental
agreement with one or more political subdivisions under section
12a, chapter 791, Oregon Laws 1989, or when a law enforcement
agency of the state has entered into an agreement with another
law enforcement agency of the state, an equitable portion of the
forfeited property shall be distributed to each agency
participating in the seizure or forfeiture as provided by the
agreement.
(4) The balance of the property, including the balance of any
proceeds received by the state under an intergovernmental
agreement or under an agreement between state law enforcement
agencies, shall be divided as follows:
(a) When no law enforcement agency other than the Department of
Justice participated in the seizure or forfeiture, or when the
Department of Justice has entered into an agreement under
subsection (3) of this section, the property shall be divided
between the Criminal Justice Revolving Account and the Special
Crime and Forfeiture Account created in section 11c, chapter 791,
Oregon Laws 1989, according to the following schedule:
(A) One hundred percent of the first $200,000 accumulated shall
be deposited in the Criminal Justice Revolving Account.
(B) Seventy-five percent of the next $200,000 shall be
deposited in the Criminal Justice Revolving Account and the
balance in the Special Crime and Forfeiture Account.
(C) Fifty percent of the next $200,000 shall be deposited in
the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(D) Twenty-five percent of the next $200,000 shall be deposited
in the Criminal Justice Revolving Account and the balance in the
Special Crime and Forfeiture Account.
(E) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(b) When no law enforcement agency other than the Department of
State Police participated in the seizure or forfeiture, or when
the Department of State Police has entered into an agreement
under subsection (3) of this section, the property shall be
divided between the State Police Account and the Special Crime
and Forfeiture Account according to the following schedule:
(A) One hundred percent of the first $600,000 accumulated shall
be deposited in the State Police Account.
(B) Seventy-five percent of the next $300,000 shall be
deposited in the State Police Account and the balance in the
Special Crime and Forfeiture Account.
(C) Fifty percent of the next $200,000 shall be deposited in
the State Police Account and the balance in the Special Crime and
Forfeiture Account.
(D) Twenty-five percent of the next $200,000 shall be deposited
in the State Police Account and the balance in the Special Crime
and Forfeiture Account.
(E) One hundred percent of all additional sums shall be
deposited in the Special Crime and Forfeiture Account.
(5) Notwithstanding subsections (3) and (4) of this section,
before any distribution under subsection (3) of this section or
any division and disbursement of proceeds under subsection (4) of
this section, the state shall deduct an amount equal to 10
percent of the proceeds from the property, but not to exceed
$250,000 in any biennium, and deposit that amount in the Illegal
Drug Cleanup Fund established by ORS 475.495 for the purposes
specified in ORS 475.495 (5). The state shall sell as much
property as may be needed to meet the requirements of this
section. Deposits to the Illegal Drug Cleanup Fund under this
subsection shall be made once every three months and are due
within 20 days of the end of each quarter. No interest shall
accrue on amounts that are paid within the period specified by
this subsection.
(6) Forfeiture proceeds received by the Department of Justice
and the Department of State Police shall be used for enforcement
of laws relating to the unlawful delivery, distribution,
manufacture or possession of controlled substances, including but
not limited to use of the proceeds for controlled substance crime
prevention, drug intervention, drug treatment and drug education
programs. Except as specifically provided by this subsection,
forfeiture proceeds under this subsection may not be used for
payment of the wages of peace officers, as defined in ORS
161.015, the purchase, construction, expansion, remodeling or
maintenance of buildings, or the funding of all or part of any
position that was in existence before [{[-[the effective date of
this 1993 Act[-[} [{[+[August 23, 1993,[+[} and that was
previously funded out of revenues other than forfeiture proceeds.
Forfeiture proceeds may be used for the following:
(a) Payment of that portion of the wages of personnel other
than peace officers who administer the forfeiture laws.
(b) Payment of the wages of peace officers performing
supervisory duties for interagency drug enforcement task forces
created by intergovernmental agreement.
(c) Payment of overtime wages of peace officers arising out of
drug enforcement duties.
(7) The forfeiting agency, and any agency that receives
forfeited property or proceeds from the sale of forfeited
property, shall maintain written documentation of each sale,
decision to retain, transfer or other disposition of the property
or proceeds.
(8) Forfeiture counsel shall report each forfeiture to the
Asset Forfeiture Oversight Advisory Committee as soon as
reasonably possible after the conclusion of forfeiture
proceedings, whether or not the forfeiture results in an entry of
judgment under section 9, chapter 791, Oregon Laws 1989. The
committee shall develop and make available forms for the purpose
of reporting forfeitures.
(9) Law enforcement agencies shall supply to forfeiture counsel
all information requested by forfeiture counsel necessary for the
preparation of the report required by subsection (8) of this
section.
[{[+[ NOTE:[+[} Standardizes word choice.
SECTION 391. Section 15, chapter 791, Oregon Laws 1989, is
amended to read:
Sec. 15. Notwithstanding ORS 167.242, 167.247, 205.245 and
471.665, until December 31, [{[-[1993[-[} [{[+[1997[+[}, ORS
167.242, 167.247, 205.245 and 471.665 shall not be operative, but
sections 16, 17, 18 and 21[{[+[, chapter 791, Oregon Laws
1989,[+[} [{[-[of this Act[-[} shall operate in lieu thereof.
SECTION 392. [{[+[The amendments to section 15, chapter 791,
Oregon Laws 1989, by section 391 of this Act operate
retroactively to December 31, 1993, and the operation and effect
of section 15, chapter 791, Oregon Laws 1989, shall be treated as
though the amendments provided by section 391 of this Act had
been in effect from December 31, 1993.[+[}
[{[+[ NOTE:[+[} Coordinates date for operation of temporary law
provisions.
SECTION 393. Section 10, chapter 948, Oregon Laws 1989, is
amended to read:
[{[+[ Sec. 10.[+[} (1) Notwithstanding any provision of ORS
chapter 312 to the contrary and ORS 311.696 (1), upon compliance
with subsection (10) of this section, taxes, not in excess of
five percent of the assessed value of the homestead (as
determined for the assessment year immediately preceding the
assessment year of initial deferral), assessed against the
homestead of a taxpayer who made initial application for deferral
in 1988, that were unpaid as of July 1, 1988, and remain unpaid,
shall remain a lien and shall become delinquent as otherwise
provided by law, but shall not be subject to foreclosure under
ORS chapter 312 until August 15 of the calendar year following
the calendar year in which one of the circumstances listed in ORS
311.684 (1) to (4) occurs.
(2) This section does not apply if:
(a) The tax-deferred homestead property is a manufactured
structure or floating home and is moved out of state;
(b) The tax-deferred homestead property is personal property;
or
(c) The owner of the tax-deferred homestead property has a
household income of $17,500 or more for the calendar year
immediately preceding the calendar year in which application is
filed under subsection (10) of this section.
(3) If the property to which subsection (1) of this section
applies has been included on a foreclosure list, or a decree of
foreclosure entered, and taxes in excess of those described under
subsection (1) of this section are paid, the property shall be
removed from the foreclosure list, or decree vacated, unless the
proceeding against the property involves other delinquent
property taxes.
(4) Upon removal from the foreclosure list, or upon vacation of
the decree, no penalty shall be imposed under ORS 312.110 or
312.120. In lieu thereof, the penalty is abated, or if the
penalty has been paid, upon application made to the county
assessor on or before July 1 of the year immediately following
the year of vacation or removal, the penalty shall be refunded
out of the unsegregated tax collections account in the manner
provided in ORS 311.806 [{[-[to 311.812[-[} .
(5) Within 60 days after approval of an application under
subsection (11) of this section, with respect to any property to
which this section applies, the tax collector shall make the
proper entries on the tax roll and shall remove the property from
the foreclosure list and proceeding.
(6) If a decree has been entered foreclosing liens for
delinquent taxes against any property which is the subject of an
application filed under subsection (10) of this section, and the
delinquent taxes include only those taxes described in subsection
(1) of this section, or taxes in excess of those described in
subsection (1) of this section are paid, the decree shall be null
and void and of no effect and the tax collector shall make the
proper entries on the assessment and tax rolls to reflect the
vacation of the decree and to acknowledge the subsisting liens.
(7) Nothing in this section shall remove or release property to
which this section applies from the lien of any unpaid tax
thereon, but the unpaid taxes shall remain valid and subsisting
liens as though the foreclosure proceeding had not been
instituted or as though the foreclosure proceeding had not been
instituted and a decree entered.
(8) Nothing in this section shall affect a foreclosure
proceeding instituted, or a decree entered, to foreclose liens
for delinquent taxes against properties subject to foreclosure if
the delinquent taxes include taxes other than those described
under subsection (1) of this section. Such foreclosure
proceedings shall be instituted or continued without regard to
this section and such decree shall be of full force and effect as
if this section did not exist.
(9) Interest on taxes to which this section applies shall be
determined from the same dates, in the same manner and until paid
as for other property taxes remaining unpaid upon the due dates,
upon preparation of the foreclosure list in accordance with ORS
chapter 312 and subsection (1) of this section and upon entry and
following a decree of foreclosure.
(10) The owner of tax-deferred homestead property desiring
delay in foreclosure on account of delinquent taxes as provided
in this section shall make application for the delay to the
county assessor prior to January 1, 1990. The application shall
contain or be accompanied by a verified statement of total
household income, as defined in ORS 310.630, of the owner for the
calendar year immediately preceding the calendar year in which
the application is made.
(11) Upon receipt of an application under subsection (10) of
this section, the county assessor shall approve or deny the
application. If the application is denied, the owner may appeal
to the circuit court in the county where the tax-deferred
homestead property is located within 90 days after notice in
writing of the denial is mailed to the owner by the county
assessor. Orders of the circuit court in an appeal taken under
this subsection may be appealed to the Court of Appeals within
the time and in the manner provided under ORS 312.210.
[{[+[ NOTE:[+[} Corrects statutory reference.
SECTION 394. [{[+[Sections 60 and 66, chapter 863, Oregon Laws
1991, are repealed.[+[}
[{[+[ NOTE:[+[} Repeals unnecessary provisions.
SECTION 395. Section 15, chapter 920, Oregon Laws 1991, is
amended to read:
[{[+[ Sec. 15.[+[} Department of Agriculture plan for awarding
funding for research or development of alternatives to field
burning, propane flaming and stack burning. (1) The State
Department of Agriculture annually shall develop a plan to award
funding for applied research or development of methods,
techniques or equipment related to alternatives to the practices
of open field burning, propane flaming and stack or pile burning.
The funding plan shall include fees made available for such
purposes and appropriations from the State of Oregon in the
amount of $500,000 for each year from 1992 through 1997. The plan
shall include funding for research proposals, including but not
[{[-[be[-[} limited to:
(a) Utilization and marketing of crop residue, such as straw;
(b) Research on development of alternate crops; and
(c) Research on development of alternate weed, pest and disease
controls, including but not limited to genetic research.
(2) The State Department of Agriculture shall submit its annual
research plan to the Joint Legislative Committee on Ways and
Means, or during the interim between legislative sessions, to the
Emergency Board.
[{[+[ NOTE:[+[} Corrects syntax.
SECTION 396. [{[+[Section 50, chapter 344, Oregon Laws 1993, is
repealed.[+[}
[{[+[ NOTE:[+[} Repeals statute adding inappropriate provisions
to unemployment compensation law.
SECTION 397. Section 11, chapter 676, Oregon Laws 1993, is
amended to read:
[{[+[ Sec. 11.[+[} (1) Effective July 1, 1995, the State Office
for Services to Children and Families is established in the
Department of Human Resources and the duties, functions and
powers of the Children's Services Division are vested in the
state office.
(2) The Director of the State Office for Services to Children
and Families shall be appointed by the Governor subject to
confirmation by the Senate pursuant to ORS 171.562 and 171.565
from among persons well qualified by training and experience to
provide the services described in section 28 (1) [{[-[of this
Act[-[} [{[+[, chapter 676, Oregon Laws 1993[+[}.
(3) The state director shall hire and supervise qualified
personnel required to provide the services described in section
28 (1) [{[-[of this Act[-[} [{[+[, chapter 676, Oregon Laws
1993,[+[} and may contract as necessary with appropriate public
and private providers for such services.
(4) The director shall oversee the development of standards and
procedures for assessment, investigation and enforcement of child
protective services.
(5)(a) Before July 1, 1995, the Children's Services Division
shall take action to implement the provision of child protective
services as outlined in [{[-[this Act[-[} [{[+[417.705 to
417.790 and 419A.170[+[} and based on the recommendations in the
1992 'Oregon Child Protective Services Performance Study'
published by the University of Southern Maine.
(b) In all substantiated cases of child abuse and neglect, the
role of the division, or, on and after July 1, 1995, the State
Office for Services to Children and Families, is to complete a
comprehensive family assessment of risk of abuse or neglect, or
both, assess service needs and provide immediate protective
services as necessary.
(c) The division shall provide remedial services needed to
assure the safety of the child.
(d) In all cases of abuse and neglect when a criminal
investigation occurs, the role of law enforcement
[{[+[agencies[+[} is to provide a legally sound, child sensitive
investigation of whether abuse or neglect, or both, has occurred
and to gather other evidence and perform other responsibilities
in accordance with interagency agreements.
(e) The division and law enforcement [{[+[agencies[+[} shall
conduct the investigation and assessment concurrently, based upon
the protocols and procedures of the multidisciplinary team in
each jurisdiction.
(f) When conducting a joint investigation and assessment, the
activities of the division and law enforcement [{[+[agencies[+[}
are to be clearly differentiated by the protocols of the
multidisciplinary team.
(g) Nothing in this subsection is intended to be inconsistent
with ORS 418.747, 418.748 and 418.749 and [{[-[sections 53 to
148, chapter 33, Oregon Laws 1993[-[} [{[+[ORS chapter 419B[+[}.
(h) [{[-[If House Bill 5061 becomes law,[-[} Funds available
under
[{[-[House Bill 5061[-[} [{[+[chapter 637, Oregon Laws
1993,[+[} may be used to provide training for persons providing
services under this subsection.
(6) On or before July 1, 1995, all federal funds administered
by the Department of Human Resources through the Children's
Services Division shall be transferred and made available to the
State Office for Services to Children and Families.
[{[+[ NOTE:[+[} Supplies missing words; deletes obsolete words;
adds punctuation.
SECTION 398. Section 5, chapter 729, Oregon Laws 1993, is
amended to read:
[{[+[ Sec. 5.[+[} [{[-[Sections 6 and 7 of this Act are[-[}
[{[+[Section 6, chapter 729, Oregon Laws 1993, is[+[} added to
and made a part of ORS 183.310 to 183.410.
[{[+[ NOTE:[+[} Corrects inadvertent addition of inappropriate
provision to portion of Administrative Procedures Act.
SECTION 399. Section 2, chapter 811, Oregon Laws 1993, is
amended to read:
[{[+[ Sec. 2.[+[} As used in [{[+[ORS chapter 251 and[+[}
sections 1 to 13 and 17 and 18[{[+[,[+[} [{[-[of this Act[-[}
[{[+[chapter 811, Oregon Laws 1993[+[}:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(4) '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.
[{[+[ NOTE:[+[} Clarifies application of definitions.
SECTION 400. [{[+[Sections 1, 2, 3, 4 and 8, chapter 814,
Oregon Laws 1993, are repealed.[+[}
[{[+[ NOTE:[+[} Deletes redundant provisions.
SECTION 401. ORCP 4 J is amended to read:
J. Securities. In any action arising under the Oregon
Securities Law, including an action brought by the
[{[-[Corporation Commissioner[-[} [{[+[Director of the
Department of Consumer and Business Services[+[}, against:
J(1) An applicant for registration or registrant, and any
person who offers or sells a security in this state, directly or
indirectly, unless the security or the sale is exempt from ORS
59.055; or
J(2) Any person, a resident or nonresident of this state, who
has engaged in conduct prohibited or made actionable under the
Oregon Securities Law.
[{[+[ NOTE:[+[} Updates reference to state agency personnel.
SECTION 402. ORCP 7 D is amended to read:
D. Manner of service.
D(1) Notice required. Summons shall be served, either within or
without this state, in any manner reasonably calculated, under
all the circumstances, to apprise the defendant of the existence
and pendency of the action and to afford a reasonable opportunity
to appear and defend. Summons may be served in a manner specified
in this rule or by any other rule or statute on the defendant or
upon an agent authorized by appointment or law to accept service
of summons for the defendant. Service may be made, subject to the
restrictions and requirements of this rule, by the following
methods: personal service of summons upon defendant or an agent
of defendant authorized to receive process; substituted service
by leaving a copy of summons and complaint at a person's dwelling
house or usual place of abode; office service by leaving with a
person who is apparently in charge of an office; service by mail;
or, service by publication.
D(2) Service methods.
D(2)(a) Personal service. Personal service may be made by
delivery of a true copy of the summons and a true copy of the
complaint to the person to be served.
D(2)(b) Substituted service. Substituted service may be made by
delivering a true copy of the summons and complaint at the
dwelling house or usual place of abode of the person to be
served, to any person over 14 years of age residing in the
dwelling house or usual place of abode of the person to be
served. Where substituted service is used, the plaintiff, as soon
as reasonably possible, shall cause to be mailed a true copy of
the summons and complaint to the defendant at defendant's
dwelling house or usual place of abode, together with a statement
of the date, time, and place at which substituted service was
made. For the purpose of computing any period of time prescribed
or allowed by these rules, substituted service shall be complete
upon such mailing.
D(2)(c) Office service. If the person to be served maintains an
office for the conduct of business, office service may be made by
leaving a true copy of the summons and complaint at such office
during normal working hours with the person who is apparently in
charge. Where office service is used, the plaintiff, as soon as
reasonably possible, shall cause to be mailed a true copy of the
summons and complaint to the defendant at the defendant's
dwelling house or usual place of abode or defendant's place of
business or such other place under the circumstances that is most
reasonably calculated to apprise the defendant of the existence
and pendency of the action, together with a statement of the
date, time, and place at which office service was made. For the
purpose of computing any period of time prescribed or allowed by
these rules, office service shall be complete upon such mailing.
D(2)(d) Service by mail. Service by mail, when required or
allowed by this rule, shall be made by mailing a true copy of the
summons and a true copy of the complaint to the defendant by
certified or registered mail, return receipt requested. For the
purpose of computing any period of time prescribed or allowed by
these rules, service by mail shall be complete three days after
such mailing if the address to which it was mailed is within this
state and seven days after mailing if the address to which it is
mailed is outside this state.
D(3) Particular defendants. Service may be made upon specified
defendants as follows:
D(3)(a) Individuals.
D(3)(a)(i) Generally. Upon an individual defendant, by personal
service upon such defendant or an agent authorized by appointment
or law to receive service of summons or, if defendant personally
cannot be found at defendant's dwelling house or usual place of
abode, then by substituted service or by office service upon such
defendant or an agent authorized by appointment or law to receive
service of summons.
D(3)(a)(ii) Minors. Upon a minor under the age of 14 years, by
service in the manner specified in subparagraph (i) of this
paragraph upon such minor, and also upon such minor's father,
mother, conservator of the minor's estate, or guardian, or, if
there be none, then upon any person having the care or control of
the minor or with whom such minor resides, or in whose service
such minor is employed, or upon a guardian ad litem appointed
pursuant to Rule 27 A(2).
D(3)(a)(iii) Incapacitated persons. Upon an incapacitated
person as defined by ORS 126.003 [{[-[(4)[-[} , by service in
the manner specified in subparagraph (i) of this paragraph upon
such person, and also upon the conservator of such person's
estate or guardian, or, if there be none, upon a guardian ad
litem appointed pursuant to Rule 27 B(2).
D(3)(b) Corporations and limited partnerships. Upon a domestic
or foreign corporation or limited partnership:
D(3)(b)(i) Primary service method. By personal service or
office service upon a registered agent, officer, director,
general partner, or managing agent of the corporation or limited
partnership, or by personal service upon any clerk on duty in the
office of a registered agent.
D(3)(b)(ii) Alternatives. If a registered agent, officer,
director, general partner, or managing agent cannot be found in
the county where the action is filed, the summons may be served:
by substituted service upon such registered agent, officer,
director, general partner, or managing agent; or by personal
service on any clerk or agent of the corporation or limited
partnership who may be found in the county where the action is
filed; or by mailing a copy of the summons and complaint to the
office of the registered agent or to the last registered office
of the corporation or limited partnership, if any, as shown by
the records on file in the office of the [{[-[Corporation
Commissioner[-[} [{[+[Secretary of State[+[} or, if the
corporation or limited partnership is not authorized to transact
business in this state at the time of the transaction, event, or
occurrence upon which the action is based occurred, to the
principal office or place of business of the corporation or
limited partnership, and in any case to any address the use of
which the plaintiff knows or, on the basis of reasonable inquiry,
has reason to believe is most likely to result in actual notice.
D(3)(c) State. Upon the state, by personal service upon the
Attorney General or by leaving a copy of the summons and
complaint at the Attorney General's office with a deputy,
assistant, or clerk.
D(3)(d) Public bodies. Upon any county, incorporated city,
school district, or other public corporation, commission, board
or agency, by personal service or office service upon an officer,
director, managing agent, or attorney thereof.
D(3)(e) General partnerships. Upon any general partnerships by
personal service upon a partner or any agent authorized by
appointment or law to receive service of summons for the
partnership.
D(3)(f) Other unincorporated association subject to suit under
a common name. Upon any other unincorporated association subject
to suit under a common name by personal service upon an officer,
managing agent, or agent authorized by appointment or law to
receive service of summons for the unincorporated association.
D(3)(g) Vessel owners and charterers. Upon any foreign
steamship owner or steamship charterer by personal service upon a
vessel master in such owner's or charterer's employment or any
agent authorized by such owner or charterer to provide services
to a vessel calling at a port in the State of Oregon, or a port
in the State of Washington on that portion of the Columbia River
forming a common boundary with Oregon.
D(4) Particular actions involving motor vehicles.
D(4)(a) Actions arising out of use of roads, highways, and
streets; service by mail.
D(4)(a)(i) In any action arising out of any accident,
collision, or liability in which a motor vehicle may be involved
while being operated upon the roads, highways, and streets of
this state, any defendant who operated such motor vehicle, or
caused such motor vehicle to be operated on the defendant's
behalf who cannot be served with summons by any method specified
in subsection [{[-[7[-[} D(3) of this rule, may be served with
summons by leaving one copy of the summons and complaint with a
fee of $12.50
[{[-[in the hands of the Administrator of the Motor Vehicles
Division or in the Administrator's office[-[} [{[+[with the
Department of Transportation[+[} or at any office the
[{[-[Administrator[-[} [{[+[department[+[} authorizes to accept
summons or by mailing such summons and complaint with a fee of
$12.50 to the [{[-[office of the Administrator of the Motor
Vehicles Division[-[} [{[+[Department of Transportation [+[}by
registered or certified mail, return receipt requested. The
plaintiff shall cause to be mailed by registered or certified
mail, return receipt requested, a true copy of the summons and
complaint to the defendant at the address given by the defendant
at the time of the accident or collision that is the subject of
the action, and at the most recent address as shown by the
[{[-[Motor Vehicles Division's[-[} [{[+[Department of
Transportation's[+[} driver records, and at any other address of
the defendant known to the plaintiff, which might result in
actual notice to the defendant. For purposes of computing any
period of time prescribed or allowed by these rules, service
under this paragraph shall be complete upon the date of the first
mailing to the defendant.
D(4)(a)(ii) The fee of $12.50 paid by the plaintiff to the
[{[-[Administrator of the Motor Vehicles Division[-[}
[{[+[Department of Transportation[+[} shall be taxed as part of
the costs if plaintiff prevails in the action. The
[{[-[Administrator of the Motor Vehicles Division[-[}
[{[+[Department of Transportation[+[} shall keep a record of all
such summonses which shall show the day of service.
D(4)(b) Notification of change of address. Every motorist or
user of the roads, highways, and streets of this state who, while
operating a motor vehicle upon the roads, highways, or streets of
this state, is involved in any accident, collision, or liability,
shall forthwith notify the [{[-[Administrator of the Motor
Vehicles Division[-[} [{[+[Department of Transportation[+[} of
any change of such defendant's address within three years after
such accident or collision.
D(4)(c) Default. No default shall be entered against any
defendant served under this subsection unless the plaintiff
submits an affidavit showing:
(i) that summons was served as provided in subparagraph
D(4)(a)(i) of this rule and all mailings to defendant required by
subparagraph D(4)(a)(i) of this rule have been made; and
(ii) either, if the identity of the defendant's insurance
carrier is known to the plaintiff or could be determined from any
records of the [{[-[Motor Vehicles Division[-[} [{[+[Department
of Transportation[+[} accessible to plaintiff, that the plaintiff
not less than 14 days prior to the application for default caused
a copy of the summons and complaint to be mailed to such
insurance carrier by registered or certified mail, return receipt
requested, or that the defendant's insurance carrier is unknown;
and
(iii) that service of summons could not be had by any method
specified in subsection [{[-[7[-[} D(3) of this rule.
D(5) Service in foreign country. When service is to be effected
upon a party in a foreign country, it is also sufficient if
service of summons is made in the manner prescribed by the law of
the foreign country for service in that country in its courts of
general jurisdiction, or as directed by the foreign authority in
response to letters rogatory, or as directed by order of the
court. However, in all cases such service shall be reasonably
calculated to give actual notice.
D(6) Court order for service; service by publication.
D(6)(a) Court order for service by other method. On motion upon
a showing by affidavit that service cannot be made by any method
otherwise specified in these rules or other rule or statute, the
court, at its discretion, may order service by any method or
combination of methods which under the circumstances is most
reasonably calculated to apprise the defendant of the existence
and pendency of the action, including but not limited to:
publication of summons; mailing without publication to a
specified post office address of defendant, return receipt
requested, deliver to addressee only; or posting at specified
locations. If service is ordered by any manner other than
publication, the court may order a time for response.
D(6)(b) Contents of published summons. In addition to the
contents of a summons as described in section C of this rule, a
published summons shall also contain a summary statement of the
object of the complaint and the demand for relief, and the notice
required in subsection C(3) shall state: 'The 'motion' or '
answer' (or 'reply') must be given to the court clerk or
administrator within 30 days of the date of first publication
specified herein along with the required filing fee.' The
published summons shall also contain the date of the first
publication of the summons.
D(6)(c) Where published. In order for publication shall direct
publication to be made in a newspaper of general circulation in
the county where the action is commenced or, if there is no such
newspaper, then in a newspaper to be designated as most likely to
give notice to the person to be served. Such publication shall be
four times in successive calendar weeks.
D(6)(d) Mailing summons and complaint. If service by
publication is ordered and defendant's post office address is
known or can with reasonable diligence be ascertained, the
plaintiff shall mail a copy of the summons and complaint to the
defendant. When the address of any defendant is not known or
cannot be ascertained upon diligent inquiry, a copy of the
summons and complaint shall be mailed to the defendant at
defendant's last known address. If plaintiff does not know and
cannot ascertain, upon diligent inquiry, the present or last
known address of the defendant, mailing a copy of the summons and
complaint is not required.
D(6)(e) Unknown heirs or persons. If service cannot be made by
another method described in this section because defendants are
unknown heirs or persons as described in sections I and J of Rule
20, the action shall proceed against the unknown heirs or persons
in the same manner as against named defendants served by
publication and with like effect; and any such unknown heirs or
persons who have or claim any right, estate, lien, or interest in
the property in controversy, at the time of the commencement of
the action, and served by publication, shall be bound and
concluded by the judgment in the action, if the same is in favor
of the plaintiff, as effectively as if the action was brought
against such defendants by name.
D(6)(f) Defending before or after judgment. A defendant against
whom publication is ordered or such defendant's representatives,
on application and sufficient cause shown, at any time before
judgment, shall be allowed to defend the action. A defendant
against whom publication is ordered or such defendant's
representatives may, upon good cause shown and upon such terms as
may be proper, be allowed to defend after judgment and within one
year after entry of judgment. If the defense is successful, and
the judgment or any part thereof has been collected or otherwise
enforced, restitution may be ordered by the court, but the title
to property sold upon execution issued on such judgment, to a
purchaser in good faith, shall not be affected thereby.
D(7) Defendant who cannot be served. A defendant cannot be
served with summons by any method specified in subsection
[{[-[7[-[} D(3) of this rule if the plaintiff attempted service
of summons by all of the methods specified in subsection
[{[-[7[-[} D(3) and was unable to complete service, or if the
plaintiff knew that service by such methods could not be
accomplished.
[{[+[ NOTE:[+[} Deletes erroneous subsection references;
standardizes internal reference language; updates references to
state agency personnel.
SECTION 403. ORCP 27 B is amended to read:
B. Appearance of incapacitated person by conservator or
guardian. When an incapacitated person as defined by ORS 126.003
[{[-[(4)[-[} , who has a conservator of such person's estate or
a guardian, is a party to any action, the incapacitated person
shall appear by the conservator or guardian as may be appropriate
or, if the court so orders, by a guardian ad litem appointed by
the court in which the action is brought. If the incapacitated
person does not have a conservator of such person's estate or a
guardian, the incapacitated person shall appear by a guardian ad
litem appointed by the court. The court shall appoint some
suitable person to act as guardian ad litem:
B(1) When the incapacitated person is plaintiff, upon
application of a relative or friend of the incapacitated person.
B(2) When the incapacitated person is defendant, upon
application of a relative or friend of the incapacitated person
filed within the period of time specified by these rules or other
rule or statute for appearance and answer after service of
summons, or if the application is not so filed, upon application
of any party other than the incapacitated person.
[{[+[ NOTE:[+[} Deletes erroneous subsection reference.
SECTION 404. ORCP 55 D is amended to read:
D. Service; service on law enforcement agency; service by mail;
proof of service.
D(1) Service. Except as provided in subsection (2) of this
section, a subpoena may be served by the party or any other
person 18 years of age or older. The service shall be made by
delivering a copy to the witness personally and giving or
offering to the witness at the same time the fees to which the
witness is entitled for travel to and from the place designated
and for one day's attendance. The service must be made so as to
allow the witness a reasonable time for preparation and travel to
the place of attendance. A subpoena for taking of a deposition,
served upon an organization as provided in Rule 39 C(6), shall be
served in the same manner as provided for service of summons in
Rule 7 D(3)(b)(i), D(3)(d), D(3)(e), or D(3)(f). Copies of each
subpoena commanding production of books, papers, documents or
tangible things and inspection thereof before trial, not
accompanied by command to appear at trial or hearing or at
deposition, shall be served on each party at least seven days
before the subpoena is served on the person required to produce
and permit inspection, unless the court orders a shorter period.
In addition, a subpoena shall not require production less than 14
days from the date of service upon the person required to produce
and permit inspection, unless the court orders a shorter period.
D(2) Service on law enforcement agency.
D(2)(a) Every law enforcement agency shall designate individual
or individuals upon whom service of subpoena may be made. At
least one of the designated individuals shall be available during
normal business hours. In the absence of the designated
individuals, service of subpoena pursuant to paragraph (b) of
this subsection may be made upon the officer in charge of the law
enforcement agency.
D(2)(b) If a peace officer's attendance at trial is required as
a result of employment as a peace officer, a subpoena may be
served on such officer by delivering a copy personally to the
officer or to one of the individuals designated by the agency
which employs the officer not later than 10 days prior to the
date attendance is sought. A subpoena may be served in this
manner only if the officer is currently employed as a peace
officer and is present within the state at the time of service.
D(2)(c) When a subpoena has been served as provided in
paragraph (b) of this subsection, the law enforcement agency
shall make a good faith effort to give actual notice to the
officer whose attendance is sought of the date, time, and
location of the court appearance. If the officer cannot be
notified, the law enforcement agency shall promptly notify the
court and a postponement or continuance may be granted to allow
the officer to be personally served.
D(2)(d) As used in this subsection, 'law enforcement agency'
means the Oregon State Police, a county sheriff's department, or
a municipal police department.
D(3) Service by mail.
Under the following circumstances, service of a subpoena to a
witness by mail shall be of the same legal force and effect as
personal service otherwise authorized by this section:
D(3)(a) The attorney certifies in connection with or upon the
return of service that the attorney, or the attorney's agent, has
had personal or telephone contact with the witness, and the
witness indicated a willingness to appear at trial if subpoenaed;
D(3)(b) The attorney, or the attorney's agent, made
arrangements for payment to the witness of fees and mileage
satisfactory to the witness; and
D(3)(c) The subpoena was mailed to the witness more than 10
days before trial by certified mail or some other designation of
mail that provides a receipt for the mail signed by the
recipient, and the attorney received a return receipt signed by
the witness more than three days prior to trial.
[{[-[D(3)(d)[-[} [{[+[D4 Service by mail; exception.[+[}
Service of subpoena by mail may not be used for a subpoena
commanding production of books, papers, documents, or tangible
things, not accompanied by a command to appear at trial or
hearing or at deposition.
[{[-[D(4)[-[} [{[+[ D5[+[} Proof of service. Proof of service
of a subpoena is made in the same manner as proof of service of a
summons.
[{[+[ NOTE:[+[} Clarifies structure.
SECTION 405. ORCP 63 E is amended to read:
E. Duties of the clerk. The clerk shall, on the date an order
made pursuant to this rule is entered or on the date a motion is
deemed denied pursuant to section D of this rule, whichever is
earlier, mail a notice of the date of entry of the order or
denial of the motion to the attorney of record, if any, of each
party who is not in default for failure to appear. If a party who
is not in default for failure to appear does not have an attorney
of record, such [{[-[noticer[-[} [{[+[notice[+[} shall be
mailed to the party. The clerk also shall make a note in the
docket of the mailing.
[{[+[ NOTE:[+[} Corrects word choice.
SECTION 406. ORCP 69 B is amended to read:
B. Entry of default judgment.
B(1) By the court or the clerk. The court or the clerk upon
written application of the party seeking judgment shall enter
judgment when:
B(1)(a) The action arises upon contract;
B(1)(b) The claim of a party seeking judgment is for the
recovery of a sum certain or for a sum which can by computation
be made certain;
B(1)(c) The party against whom judgment is sought has been
defaulted for failure to appear;
B(1)(d) The party against whom judgment is sought is not a
minor or an incapacitated person as defined by ORS 126.003
[{[-[(4)[-[} and such fact is shown by affidavit;
B(1)(e) The party seeking judgment submits an affidavit of the
amount due;
B(1)(f) An affidavit pursuant to subsection B(3) of this rule
has been submitted; and
B(1)(g) Summons was personally served within the State of
Oregon upon the party, or an agent, officer, director, or partner
of a party, against whom judgment is sought pursuant to Rule 7
D(3)(a)(i), 7 D(3)(b)(i), 7 D(3)(e) or 7 D(3)(f).
B(2) By the court. In all other cases, the party seeking a
judgment by default shall apply to the court therefor, but no
judgment by default shall be entered against a minor or an
incapacitated person as defined by ORS 126.003 [{[-[(4)[-[}
unless the minor or incapacitated person has a general guardian
or is represented in the action by another representative as
provided in Rule 27. If, in order to enable the court to enter
judgment or to carry it into effect, it is necessary to take an
account or to determine the amount of damages or to establish the
truth of any averment by evidence or to make an investigation of
any other matter, the court may conduct such hearing, or make an
order of reference, or order that issues be tried by a jury, as
it deems necessary and proper. The court may determine the truth
of any matter upon affidavits.
B(3) Amount of judgment. The judgment entered shall be for the
amount due as shown by the affidavit, and may include costs and
disbursements and attorney fees entered pursuant to Rule 68.
B(4) Non-military affidavit required. No judgment by default
shall be entered until the filing of an affidavit on behalf of
the plaintiff, showing that affiant reasonably believes that the
defendant is not a person in military service as defined in
Article 1 of the 'Soldiers' and Sailors' Civil Relief Act of
1940,' as amended, except upon order of the court in accordance
with that Act.
[{[+[ NOTE:[+[} Deletes erroneous subsection references.
SECTION 407. ORCP 82 G is amended to read:
G(1) Request for hearing. Notice of objections to an issuer or
a surety as provided in section F of this rule shall be filed in
the form of a motion for hearing on objections to the irrevocable
letter of credit or bond. Upon demand of the objecting party,
each issuer or surety shall appear at the hearing of such motion
and be subject to examination as to such issuer's or surety's
pecuniary responsibility or the validity of the execution of the
letter of credit or bond. Upon hearing of such motion, the court
may approve or reject the letter of credit or bond as filed or
require such amended, substitute, or additional letter of credit
or bond as the circumstances will warrant.
G(2) Information to be furnished. Sureties on any bond or
undertaking and any irrevocable letter of credit issuers shall
furnish such information as may be required by the judge
approving the same.
G(3) Surety insurers. It shall be sufficient justification for
a surety insurer when examined as to its qualifications to
exhibit the certificate of authority issued to it by the
[{[-[Insurance Commissioner[-[} [{[+[Director of the Department
of Consumer and Business Services[+[} or a certified copy
thereof.
[{[+[ NOTE:[+[} Updates reference to state agency personnel.
SECTION 408. [{[+[For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the
board of higher education, wherever they occur in Oregon Revised
Statutes, other words designating the State Board of Higher
Education.
[+[} [{[+[ SECTION 409.[+[} [{[+[For the purpose of harmonizing
and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words
designating the Executive Department Economic Development Fund,
wherever they occur in Oregon Revised Statutes, other words
designating the Administrative Services Economic Development
Fund.[+[}
SECTION 410. [{[+[For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating
justice's court, justices' court or justice of the peace court,
wherever they occur in Oregon Revised Statutes, other words
designating justice court.
SECTION 411.[+[} [{[+[For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating
chairman, chairmen, chairman's or chairmen's, wherever they occur
in chapters 246 to 260 of Oregon Revised Statutes, other words
designating chairperson, chairpersons, chairperson's or
chairpersons'.
SECTION 412.[+[} [{[+[For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating an
election officer, chief election officer, district election
officer or chief city election officer, wherever they occur in
Oregon Revised Statutes, other words designating an elections
officer, chief elections officer, district elections officer or
chief city elections officer.[+[}
SECTION 413. [{[+[For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the
American Speech and Hearing Association, wherever they occur in
Oregon Revised Statutes, other words designating the American
Speech-Language-Hearing Association.[+[}
SECTION 414. [{[+[For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the
Oregon State System of Higher Education, wherever they occur in
Oregon Revised Statutes, other words designating the State System
of Higher Education.[+[}
SECTION 415. [{[+[For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the
State Department of Higher Education, wherever they occur in
Oregon Revised Statutes, other words designating the Department
of Higher Education.[+[}
SECTION 416. [{[+[The notes appearing after each section of
this Act are provided for convenience and do not become part of
the statutory law of this state.[+[}
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