69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
Senate Bill 811
Sponsored by Senator BAKER; Representative MARKHAM
CHAPTER ................
AN ACT
Relating to business entities; creating new provisions; amending
ORS 63.001, 63.077, 63.160, 63.205, 63.245, 63.249, 63.255,
63.265, 63.431, 63.444, 63.621, 63.625, 63.629, 63.810, 657.020
and 657.044; and repealing ORS 63.215 and section 1,
chapter ___, Oregon Laws 1997 (Enrolled House Bill 2750).
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 63.001 is amended to read:
63.001. As used in this chapter:
(1) 'Anniversary' means that day each year exactly one or more
years after:
(a) The date of filing by the Secretary of State of the
articles of organization in the case of a domestic limited
liability company.
(b) The date of filing by the Secretary of State of an
application for authority to transact business in the case of a
foreign limited liability company.
(2) 'Articles of organization' means the document described in
ORS 63.047 for the purpose of forming a limited liability
company, including articles of organization as they may be
amended or restated.
(3) 'Bankruptcy' means:
(a) Assignment by a member for the benefit of creditors;
(b) Commencement of a voluntary bankruptcy case by a member;
(c) Adjudication of a member as bankrupt or insolvent;
(d) Filing by a member of a petition or answer seeking for the
member any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under
any statute, law or rule;
(e) Filing by a member of an answer or other pleading admitting
or failing to contest the material allegations of a petition
filed against the member in any proceeding of this nature;
(f) Seeking, consenting to or acquiescing in the appointment of
a trustee, receiver or liquidator of the member or of all or any
substantial part of the member's properties;
(g) Commencement of an involuntary bankruptcy case against a
member that has not been dismissed on or before the 120th day
after the commencement of the case;
(h) Appointment, without the member's consent, of a trustee,
receiver or liquidator either of the member or of all or any
substantial part of the member's properties that is not vacated
or stayed on or before the 90th day after appointment; or
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(i) Appointment described in paragraph (h) of this subsection
that is not vacated on or before the 90th day after expiration of
the stay under paragraph (h) of this subsection.
(4) 'Contribution' means anything of value which a person
contributes to the limited liability company as a prerequisite
for or in connection with membership including cash, property or
services rendered or a promissory note or other binding
obligation to contribute cash or property or to perform services.
(5) 'Corporation' or 'domestic corporation' means a corporation
for profit incorporated under ORS chapter 60.
(6) 'Distribution' means a direct or indirect transfer of money
or other property, except of a limited liability company's own
interests, or incurrence of indebtedness by a limited liability
company to or for the benefit of its members in respect of any of
its member's interests. A distribution may be in the form of a
declaration or payment of profits, a purchase, retirement or
other acquisition of interests, a distribution of indebtedness,
or otherwise.
(7) 'Entity' includes a domestic or foreign limited liability
company, corporation, foreign corporation, domestic or foreign
nonprofit corporation, domestic or foreign cooperative
corporation, profit or nonprofit unincorporated association,
business trust, estate, domestic or foreign general or limited
partnership, trust, two or more persons having a joint or common
economic interest, any state, the United States or any foreign
government.
(8) 'Foreign corporation' means a corporation for profit
incorporated under a law other than the law of this state.
(9) 'Foreign limited liability company' means an entity that is
an unincorporated association that is organized under the laws of
a state other than of this state or under the laws of any foreign
country and that is organized under a statute pursuant to which
an association may be formed that affords to each of its members
limited liability with respect to the liabilities of the entity.
(10) 'Foreign limited partnership' means a limited partnership
formed under the laws of any jurisdiction other than this state
and having as partners one or more general partners and one or
more limited partners.
(11) 'Incompetency' means the entry of a judgment by a court of
competent jurisdiction adjudicating the member incompetent to
manage the member's person or estate.
(12) 'Individual' means a natural person.
(13) 'Limited liability company' or 'domestic limited liability
company' means an entity that is an unincorporated association
having one or more members that is organized under this chapter.
(14) 'Limited partnership' or 'domestic limited partnership'
means a partnership formed by two or more persons under ORS
chapter 70 and having one or more general partners and one or
more limited partners.
(15) 'Manager' or 'managers' means a person or persons
designated by the members of a limited liability company in
accordance with ORS 63.135 to manage the limited liability
company's business and affairs.
(16) 'Member' or 'members' means a person or persons with both
an ownership interest in a limited liability company and all the
rights and obligations of a member specified under this chapter.
'Member' does not include an assignee of an ownership interest
who has not also acquired the voting and other rights appurtenant
to membership.
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(17) 'Membership interest' or 'interest' means a member's
collective rights in a limited liability company, including the
member's share of profits and losses of the limited liability
company, the right to receive distributions of the limited
liability company's assets and any right to vote or participate
in management.
(18) 'Office,' when used to refer to the administrative unit
directed by the Secretary of State, means the office of the
Secretary of State.
(19) 'Operating agreement' means any valid agreement, written
or oral, of the { + member or + } members as to the affairs of a
limited liability company and the conduct of its business.
(20) 'Organizer' means one of the signers of the initial
articles of organization.
(21) 'Party' includes an individual who was, is or is
threatened to be made a named defendant or respondent in a
proceeding.
(22) 'Person' means an individual or entity.
(23) 'Proceeding' means any threatened, pending or completed
action, suit or proceeding whether civil, criminal,
administrative or investigatory and whether formal or informal.
(24) 'State,' when referring to a part of the United States,
includes a state, commonwealth, territory or insular possession
of the United States and its agencies and governmental
subdivisions.
(25) 'United States' includes a district, authority, bureau,
commission, department or any other agency of the United States.
SECTION 2. ORS 63.077 is amended to read:
63.077. (1) Unless its articles of organization provide
otherwise, the duration of a limited liability company shall be
{ - 30 years - } { + perpetual + }.
(2) Unless its articles of organization provide otherwise, and
subject to the provisions of ORS 63.074 (2), each limited
liability company organized under this chapter may:
(a) Sue and be sued, and complain and defend in all courts in
its own name;
(b) Purchase, take, receive, lease, or otherwise acquire, own,
hold, improve, use and otherwise deal in or with real or personal
property or any interest in real or personal property, wherever
situated;
(c) Sell, convey, mortgage, pledge, create a security interest
in, lease, exchange or transfer, and otherwise dispose of all or
any part of its property or assets;
(d) Purchase, take, receive, subscribe for or otherwise
acquire, own, hold, vote, use, employ, sell, mortgage, lend,
pledge, otherwise dispose of, and otherwise use or deal in or
with other interests in or obligations of any other entity;
(e) Make contracts or guarantees, incur liabilities, borrow
money, issue its notes or other obligations that may be
convertible into other securities of the limited liability
company or include the option to purchase other securities of the
limited liability company, or secure any of its obligations by
mortgage or pledge of any of its property, franchises or income;
(f) Lend money, invest or reinvest its funds, or receive and
hold real or personal property as security for repayment of funds
so loaned, invested or reinvested;
(g) Be a promoter, incorporator, general partner, limited
partner, member, associate or manager of any partnership, joint
venture, trust or other entity;
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(h) Conduct its business, locate offices and exercise the
powers granted by this chapter within or without this state;
(i) Elect or appoint managers, employees or agents of the
limited liability company, define their duties, fix their
compensation and lend them money and credit;
(j) Make and alter an operating agreement, not inconsistent
with its articles of organization or with the laws of this state,
for managing its business and regulating its affairs;
(k) Pay pensions and establish pension plans, profit-sharing
plans, and benefit or incentive plans for any or all of its
current or former managers, members, employees and agents;
(L) Make donations for the public welfare or for charitable,
scientific or educational purposes;
(m) Transact any lawful business that will aid governmental
policy;
(n) Indemnify a member or manager or any other person as and to
the extent not inconsistent with the provisions of this chapter;
(o) Cease its activities and dissolve; and
(p) Have and exercise all powers and do every other act not
inconsistent with law which is necessary or convenient to promote
and effect any or all of the purposes for which the limited
liability company is organized.
SECTION 3. ORS 63.205 is amended to read:
63.205. { - Unless the articles of organization or any
operating agreement provides otherwise, a member does not have
the power voluntarily to withdraw from a limited liability
company. - } { + (1) A member may voluntarily withdraw from a
limited liability company:
(a) At the time or upon the occurrence of events specified in
the articles of organization or any operating agreement; or
(b) Upon not less than six months' prior written notice to the
limited liability company, unless the articles of organization or
any operating agreement expressly provide that a member has no
power to withdraw voluntarily from the limited liability company
or otherwise expressly limit or condition such power.
(2) If a member with the power to withdraw voluntarily from a
limited liability company exercises that power, but the
withdrawal is in breach of any provision of the articles of
organization or any operating agreement, then, unless otherwise
provided in the articles of organization or any operating
agreement, the limited liability company, in addition to any
other remedy available at law or in equity, may recover from the
withdrawing member damages incurred by the limited liability
company as a result of the breach and may offset the damages
against any amounts otherwise distributable or payable to the
withdrawing member.
(3) Unless otherwise provided in the articles of organization
or any operating agreement, in the case of a limited liability
company for a definite term or particular undertaking, a
voluntary withdrawal by a member before the expiration of that
term or completion of that undertaking is a breach of the
applicable articles of organization or any operating
agreement. + }
SECTION 4. ORS 63.245 is amended to read:
63.245. (1) A person becomes a member of a limited liability
company on the later of:
(a) The date the initial articles of organization are filed; or
(b) The date stated in the records of the limited liability
company as the date the person becomes a member.
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(2) After the filing of the limited liability company's initial
articles of organization, a person may be admitted as a member of
the limited liability company upon compliance with the articles
of organization or any operating agreement, or, if neither the
articles of organization nor any operating agreement so provide:
(a) In the case of a person acquiring a membership interest
directly from the limited liability company, upon the consent
of { + a majority of the + } { - all - } members;
{ - or - }
(b) In the case of an assignee of a limited liability company
membership interest { + not governed by paragraph (c) of this
section + }, upon the consent of { + a majority + }
{ - all - } of the members other than the assignor { - . - }
{ + ; or
(c) In the case of an assignee of a membership interest in a
limited liability company in which, immediately following the
assignment, the limited liability company otherwise would have no
members, simultaneously with and upon the assignment of the
membership interest. + }
SECTION 5. ORS 63.249 is amended to read:
63.249. Except as provided in the articles of organization or
any operating agreement:
(1) A membership interest is assignable in whole or in part.
(2) An assignment of a membership interest does not itself
dissolve the limited liability company { - or entitle the
assignee to become or to exercise any rights of a member,
including without limitation the right to participate in the
management and affairs of the limited liability company - } .
(3) { - An assignment entitles the assignee to - } { +
Until the assignee of a membership interest becomes a member with
respect to the interest, the assignee shall have the assignor's
right to + } receive { + and retain + }, to the extent assigned,
{ - only - } the distributions { + , as and when made, and
allocations of profits and losses + } to which the assignor would
be entitled { + , but shall not exercise any other rights of a
member, including without limitation the right to vote or
otherwise participate in the management and affairs of the
limited liability company + }.
(4) { + Except as otherwise provided in ORS 63.229 and
63.235, + } until the assignee of a membership interest becomes a
member { + , + } { - : - }
{ - (a) The assignor continues to be a member and to have the
power to exercise any rights of a member; and - }
{ - (b) - } the assignee has no liability { + , duty or
obligation + } as a member solely as a result of the assignment.
(5) The assignor of { + all or a portion of + } a membership
interest { + ceases to be a member with respect to the interest
assigned, but + } is not released from liability as a member
{ + accruing or arising prior to assignment + } solely as a
result of the assignment { + , and is not relieved of any
fiduciary duties the assignor otherwise may continue to owe the
limited liability company or its remaining members + }.
(6) Any otherwise permissible assignment of a membership
interest shall be effective as to and binding on the limited
liability company only after reasonable notice of and proof of
the assignment have been provided to the managers of the limited
liability company.
(7) The pledge of, or granting of a security interest, lien, or
other encumbrance in or against all or any portion of the
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membership interest of a member is not an assignment of the
member's interest.
SECTION 6. ORS 63.255 is amended to read:
63.255. { - (1) Except as otherwise provided in the articles
of organization or any operating agreement, an assignee of a
member's interest may become a member only upon the consent of
all members other than the assignor. - }
{ - (2) - } { + (1) + } An assignee who becomes a member
{ + as to the assigned interest + } has { - , to the extent
assigned, - } the rights and powers, and is subject to the
restrictions and liabilities, of a member under this chapter, the
articles of organization and any operating agreement. An assignee
who becomes a member also is liable for any obligations of the
assignee's assignor to make contributions under ORS 63.180.
However, the assignee is not obligated merely by becoming a
member for any other liabilities for which the assignor was
liable that were unknown to the assignee at the time the assignee
became a member and that could not be ascertained from the
articles of organization.
{ - (3) - } { + (2) + } Whether or not an assignee of a
membership interest becomes a member, the assignor is not
released from the assignor's liability to the limited liability
company to make contributions under ORS 63.180.
{ - (4) Except as otherwise provided in the articles of
organization or any operating agreement, a member who assigns all
or a portion of the member's membership interest in the limited
liability company ceases to be a member with respect to the
assigned interest only when and to the extent the assignee of the
member's interest becomes a member with respect to such
interest. - }
SECTION 7. ORS 63.265 is amended to read:
63.265. { - (1) If a member who is an individual dies or the
individual member's incompetency is determined, the member's
executor, administrator, guardian, conservator or other legal
representative may exercise all of the member's rights for the
purpose of settling the member's estate or administering the
member's property other than the right to consent to continue the
business of the limited liability company as provided in ORS
63.621 (2). - }
{ - (2) If a member is a corporation, trust, estate or other
entity and is dissolved or terminated, the legal representative
or successor of the member may exercise all of the powers of an
assignee of the member. - } { + Except as otherwise provided in
the articles of organization or any operating agreement:
(1) A member shall cease to be a member in a limited liability
company upon the member's death, incompetency, bankruptcy,
dissolution, withdrawal, expulsion or assignment of the member's
entire membership interest.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, following the cessation of the member's interest, the
holder of the former member's interest shall be considered an
assignee of such interest and shall have all the rights, duties
and obligations of an assignee under this chapter.
(b) If the member who ceases to be a member is the only member
of the limited liability company, the holder of the former
member's interest shall become a member simultaneously with and
upon the cessation of the former member's interest. + }
SECTION 8. ORS 63.431 is amended to read:
63.431. (1) An operating agreement of a limited liability
company may provide for the regulation and management of the
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affairs of the limited liability company in any manner not
inconsistent with law or the articles of organization.
(2) The power to adopt, alter, amend or repeal an operating
agreement of a limited liability company shall be vested in the
members of the limited liability company { + , or for a single
member limited liability company, in the sole member of the
limited liability company, + } unless otherwise vested in a
manager or managers of the limited liability company by the
articles of organization or any operating agreement.
(3) The members may amend or repeal any operating agreement
even if the articles of organization or any operating agreement
provide that a manager or managers may amend or repeal an
operating agreement.
SECTION 9. ORS 63.444 is amended to read:
63.444. Except as otherwise provided in ORS 63.441 or in the
articles of organization or any operating agreement, all
amendments to the articles of organization or any operating
agreement must be approved { + unanimously + } by the members.
Unless otherwise provided in the articles of organization or any
operating agreement, the managers, if any, of the limited
liability company may, but need not, propose or take a position
recommending or disapproving any such proposed amendment.
{ - Unless this chapter, the articles of organization or any
operating agreement requires a greater vote, all other amendments
to the articles of organization or any operating agreement to be
adopted must be approved by a majority vote of the members as
provided in ORS 63.150. - }
SECTION 10. ORS 63.621 is amended to read:
63.621. { - (1) - } A limited liability company is dissolved
and its affairs shall be wound up upon the first to occur of the
following:
{ - (a) - } { + (1) + } Upon reaching the time for
dissolution, if any, specified { - or deemed specified - } in
the articles of organization.
{ - (b) - } { + (2) + } Upon the occurrence of events
specified { - in writing - } in the articles of organization
or any operating agreement.
{ - (c) - } { + (3) + } By the vote or such other action of
the members as provided { - in writing - } in the articles of
organization or any operating agreement or, if neither the
articles of organization nor any operating agreement so provides
{ - in writing - } , by the
{ - written - } consent of all the members.
{ + (4) At such time as the limited liability company has no
members. + }
{ - (d) - } { + (5) + } Upon administrative dissolution by
the Secretary of State under ORS 63.651.
{ - (e) - } { + (6) + } Upon entry of a decree of judicial
dissolution under ORS 63.671.
{ - (2) Except as otherwise provided in writing in the
articles of organization or any operating agreement, a limited
liability company is dissolved and its affairs shall be wound up
upon the death, incompetency, withdrawal, expulsion, bankruptcy
or dissolution of a member, or the occurrence of any other event
that terminates the continued membership of a member in the
limited liability company, unless the remaining member or all the
remaining members, other than the member to whom the event
described in this subsection has occurred, consent to continue
the business and affairs of the limited liability company within
120 days after the event. For purposes of this subsection, except
Enrolled Senate Bill 811 (SB 811-B) Page 7
as otherwise provided in the articles of organization or any
operating agreement, the admission as a member of an assignee of
a membership interest pursuant to ORS 63.255 shall constitute the
requisite consent of the remaining member or members to continue
the business of the limited liability company notwithstanding the
termination of the membership of the assignor pursuant to ORS
63.255 (4). - }
SECTION 11. ORS 63.625 is amended to read:
63.625. Upon the winding up of a limited liability company, the
assets shall be distributed as follows:
(1) To the extent permitted by law, to creditors, including
members { + and former members + } who are creditors, in
satisfaction of liabilities of the limited liability company
other than liabilities for distributions to members under ORS
63.200 or
{ - 63.215 - } { + 63.249 + };
(2) Except as provided in the articles of organization or any
operating agreement, to members and former members of the limited
liability company in satisfaction of the limited liability
company's obligations for distributions due and owing under ORS
63.200 or { - 63.215 - } { + 63.249 + }; and
(3) Except as provided in the articles of organization or any
operating agreement, to members of the limited liability company
first for the return of their previously unreturned contributions
and thereafter in the proportions in which the members share in
profits.
SECTION 12. ORS 63.629 is amended to read:
63.629. (1) Except as provided in subsections (2) and (3) of
this section, and except as otherwise provided in the articles of
organization or any operating agreement, after dissolution of the
limited liability company { - and until such time, if any, as
the limited liability company is continued in accordance with ORS
63.621 (2) - } , each manager can bind the limited liability
company:
(a) By any act or omission appropriate for winding up the
limited liability company's affairs or completing transactions
unfinished at dissolution; and
(b) By any transaction that would have bound the limited
liability company if it had not been dissolved, if the other
party to the transaction does not have actual notice of the
dissolution.
(2) An act or omission of a manager which would not be binding
on the limited liability company pursuant to subsection (1) of
this section is binding if it is otherwise authorized or ratified
by the limited liability company.
(3) An act or omission of a manager that would be binding on
the limited liability company under subsection (1) of this
section or which otherwise would be authorized, but which is in
contravention of a restriction on the authority of the manager
shall not bind the limited liability company to persons having
knowledge of the restriction.
SECTION 13. ORS 63.810 is amended to read:
63.810. For purposes of taxation under ORS chapters 305 to 324,
a limited liability company formed under this chapter or
qualified to do business in this state as a foreign limited
liability company shall be classified { - as a partnership
unless classified otherwise for federal income tax purposes, in
which case the limited liability company shall be classified - }
in the same manner as it is classified for federal income tax
purposes. For purposes of taxation under ORS chapters 305 to
Enrolled Senate Bill 811 (SB 811-B) Page 8
324, a member or an assignee of a member of a limited liability
company formed under this chapter or qualified to do business in
this state as a foreign limited liability company { - shall be
treated as a partner unless classified otherwise for federal
income tax purposes, in which case the member or assignee of a
member - } shall have the same status as { - such - }
{ + the + } member or assignee of a member has for federal
income tax purposes.
SECTION 14. ORS 657.020 is amended to read:
657.020. (1) As used in this chapter, unless the context
requires otherwise, 'employing unit' means:
(a) Any individual or type of organization, including any
partnership, association, limited liability company, { + limited
liability partnership, + } trust, estate, joint stock company,
insurance company or corporation, whether domestic or foreign, or
the receiver, trustee in bankruptcy, trustee, or successor
thereof, or the legal representative of a deceased person, who
has or had in its employ one or more individuals performing
services for it within this state.
(b) This state, including every state officer, board,
commission, department, institution, branch and agency of the
state government.
(c) Any people's utility district.
(d) Any political subdivision.
(2) All individuals performing services within this state for
any employing unit which maintains two or more separate
establishments within this state are deemed to be employed by a
single employing unit for all the purposes of this chapter,
except that for the purposes of this chapter each of the various
agencies, boards, commissions, departments, institutions and
political subdivisions of this state shall be deemed separate
employing units.
SECTION 15. ORS 657.044 is amended to read:
657.044. (1) As used in this chapter, 'employment' does not
include service performed for { + :
(a) + } A corporation by corporate officers who are directors
of the corporation, who have a substantial ownership interest in
the corporation and who are members of the same family as
parents, daughters, sons, daughters-in-law, sons-in-law or
grandchildren if the corporation elects not to provide coverage
for those individuals. The election shall be in writing and shall
be effective on the first day of the calendar quarter in which
the request was submitted.
{ + (b) A limited liability company by a member, including
members who are managers, as defined in ORS 63.001.
(c) A limited liability partnership by a partner as described
in ORS chapter 68. + }
(2) The provisions of this section do not apply to service
performed for a nonprofit employing unit, as defined in ORS
657.072, for this state or for a political subdivision of this
state.
SECTION 15a. { + If House Bill 2750 becomes law, section 1,
chapter ___, Oregon Laws 1997 (Enrolled House Bill 2750)
(amending ORS 657.044), is repealed. + }
SECTION 16. ORS 63.160 is amended to read:
63.160. The articles of organization or any operating agreement
may provide for indemnification { - or may eliminate or limit
the liability of any person who is acting or failing to act - }
{ + of any person for acts or omissions + } as a member,
manager, employee or agent { + and may eliminate or limit the
Enrolled Senate Bill 811 (SB 811-B) Page 9
liability of a member, manager, employee or agent to the limited
liability company or its members for damages from such acts or
omissions + }. However, no such provision shall eliminate or
limit the liability or provide for indemnification of a manager
for any act or omission occurring prior to the date when such
provision became effective, and no such provision shall eliminate
or limit the liability or provide for indemnification of a
manager for:
(1) Any breach of a manager's duty of loyalty to the limited
liability company or its members;
(2) Acts or omissions not in good faith which involve
intentional misconduct or a knowing violation of law;
(3) Any unlawful distribution under ORS 63.235; or
(4) Any transaction from which the manager derives an improper
personal benefit.
SECTION 17. { + The amendments to ORS 63.001, 63.077, 63.160,
63.205, 63.245, 63.249, 63.255, 63.265, 63.431, 63.444, 63.621,
63.625, 63.629, 63.810, 657.020 and 657.044 by sections 1 to 16
of this Act and the repeal of ORS 63.215 by section 18 of this
Act do not affect:
(1) The operation of ORS + } { + 63.001, 63.077, 63.160,
63.205, 63.215, 63.245, 63.249, 63.255, 63.265, 63.431, 63.444,
63.621, 63.625, 63.629, 63.810, 657.020 or 657.044 or any action
taken under ORS 63.001, 63.077, 63.160, 63.205, 63.215, 63.245,
63.249, 63.255, 63.265, 63.431, 63.444, 63.621, 63.625, 63.629,
63.810, 657.020 or 657.044 prior to the effective date of this
Act;
(2) Any ratification, right, remedy, privilege, obligation or
liability acquired, accrued or incurred under ORS 63.001, 63.077,
63.160, 63.205, 63.215, 63.245, 63.249, 63.255, 63.265, 63.431,
63.444, 63.621, 63.625, 63.629, 63.810, 657.020 or 657.044 prior
to the effective date of this Act;
(3) Any violation of ORS 63.001, 63.077, 63.160, 63.205,
63.215, 63.245, 63.249, 63.255, 63.265, 63.431, 63.444, 63.621,
63.625, 63.629, 63.810, 657.020 or 657.044 or any penalty,
forfeiture or punishment incurred because of a violation of ORS
63.001, 63.077, 63.160, 63.205, 63.215, 63.245, 63.249, 63.255,
63.265, 63.431, 63.444, 63.621, 63.625, 63.629, 63.810, 657.020
or 657.044 prior to the effective date of this Act; or
(4) Any proceeding, suit or action commenced under ORS 63.001,
63.077, 63.160, 63.205, 63.215, 63.245, 63.249, 63.255, 63.265,
63.431, 63.444, 63.621, 63.625, 63.629, 63.810, 657.020 or
657.044 prior to the effective date of this Act. The proceeding,
suit or action may be completed in accordance with the provisions
of ORS 63.001, 63.077, 63.160, 63.205, 63.215, 63.245, 63.249,
63.255, 63.265, 63.431, 63.444, 63.621, 63.625, 63.629, 63.810,
657.020 or 657.044 as if they had not been amended or repealed by
this Act. + }
SECTION 18. { + ORS 63.215 is repealed. + }
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Enrolled Senate Bill 811 (SB 811-B) Page 10
Passed by Senate May 8, 1997
Repassed by Senate July 1, 1997
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 27, 1997
...........................................................
Speaker of House
Enrolled Senate Bill 811 (SB 811-B) Page 11
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled Senate Bill 811 (SB 811-B) Page 12