71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1463
 
                           A-Engrossed
 
                         House Bill 2037
                 Ordered by the House February 5
           Including House Amendments dated February 5
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Water, Agriculture and Natural Resources for Representative
  Jeff Kropf and the Oregon Farm Bureau Federation and the Oregon
  Bankers Association)
 
 
                             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.
 
  Changes definition of person for purposes of agricultural
produce  { + and grain producer's + } lien statutes. Expands
statute sections to which definition of security interest
applies.
 
                        A BILL FOR AN ACT
Relating to liens by agricultural producers; amending ORS 87.142,
  87.700 and 87.750.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 87.142 is amended to read:
  87.142. As used in ORS 87.142 to 87.490  { - , 87.705,
87.710 - }  and 87.910, unless the context otherwise requires:
  (1) 'Animal' means any mammal, bird, fish, reptile, amphibian
or insect.
  (2) 'Chattel' includes movable objects that are capable of
ownership, but does not include personal rights not reduced to
possession but recoverable by an action at law or suit in equity,
money, evidence of debt and negotiable instruments.
  (3) 'Electric cooperative' means a cooperative corporation
organized under ORS chapter 62 the principal business of which is
the construction, maintenance and operation of an electric
transmission and distribution system for the benefit of the
members of that cooperative corporation and which has no other
principal business or purpose.
  (4) 'Electric utility' means a corporation engaged in
distributing electricity, directly or indirectly, to or for the
public and regulated by the Public Utility Commission under ORS
chapter 757.
  (5) 'Excavation' means a shaft, tunnel, incline, adit, drift or
other excavation designed for the use, working or draining of a
mine.
  (6) 'Fair market value' means, with respect to a chattel sold
at a foreclosure sale under ORS 9.370, 87.142 to 87.490,
 
  { - 87.705, 87.710, - }  87.910 and 90.120, the price of
chattels of the same kind and condition prevailing in the county
of sale at the time of sale.
  (7) 'Fungible chattels' means chattels of which any unit is the
equivalent of any other unit.
  (8) 'Improvement' means a road, tramway, trail, flume, ditch,
pipeline, building, structure, superstructure or boardinghouse
used for or in connection with the working or development of a
mine.
  (9) 'Irrigation' includes the use of canals, ditches, pipes,
pumps, spraying apparatus and other mechanical devices to water
land artificially.
  (10) 'Mine' means a mine, lode, mining claim or deposit that
contains or may contain coal, metal or mineral of any kind.
  (11) 'Mortgagee' means a person who has a valid subsisting
mortgage of record or trust deed of record securing a loan upon
any real property to be charged with a lien under ORS 87.352 to
87.362.
  (12) 'Nursery stock' means fruit trees, fruit-tree stock, nut
trees, grapevines, fruit bushes, rose bushes, rose stock, forest
and ornamental trees, and shrubs both deciduous and evergreen,
florists' stock and cuttings, scions and seedlings of fruit or
ornamental trees and shrubs, and all other fruit-bearing plants
and parts thereof and plant products for propagation or planting.
  (13) 'Owner' includes:
  (a) A person who has title to a chattel or real property;
  (b) A person who is in possession of a chattel or real property
under an agreement for the purchase thereof, whether the title
thereto is in the person or the vendor of the person; or
  (c) A person who is in lawful possession of a chattel or real
property.
  (14) 'Person' includes individuals, corporations, associations,
firms, partnerships and joint stock companies.
  (15) 'Security interest' means an interest in a chattel
reserved or created by an agreement that secures payment or
performance of an obligation as more particularly defined by ORS
71.2010 (37).
  (16) 'Timbers' means sawlogs, spars, piles, felled logs and
other wood growth that has been cut or separated from land.
  (17) 'Wood products' includes lumber, slabwood, plywood and
other wood products produced from timbers. The term does not
include paper or products made from paper.
  SECTION 2. ORS 87.700 is amended to read:
  87.700. As used in ORS 87.700 to 87.740, unless the context
otherwise requires:
  (1) 'Agricultural produce' means fruit, berries, vegetables or
meat animals sold or delivered to a food processor and Christmas
trees sold or delivered to a Christmas tree dealer.
  (2) 'Agricultural producer' means a person who grows or raises
agricultural produce.
  (3) 'Christmas tree' has the meaning given that term in ORS
571.505.
  (4) 'Christmas tree dealer' means a person who purchases
Christmas trees for resale.
  (5) 'Food processor' includes a packing plant, cannery,
creamery or other processing plant that processes agricultural
produce and is owned or operated by any person other than a
cooperative corporation.
  (6) 'Meat animal' has the meaning for that term provided in ORS
603.010.
   { +  (7) 'Person' means individual, corporation, partnership,
association, joint stock company, trust, limited liability
company, limited liability partnership, cooperative, government
entity, unincorporated organization or other business entity.
  (8) 'Security interest' has the meaning given that term in ORS
71.2010 (37). + }
  SECTION 3. ORS 87.750 is amended to read:
  87.750. As used in ORS 87.750 to 87.777, unless the context
otherwise requires:
  (1) 'Agricultural producer' means a person who grows or raises
grain.
  (2) 'Grain' means wheat, corn, oats, barley, rye, flaxseed,
certified alfalfa seed, agricultural seed as defined in ORS
633.511 (1), vegetable seed as defined in ORS 633.511, the seed
of any cereal grain, soybeans, grain sorghum, dry beans and peas
and any other grain for which standards are established by the
state or the federal government.
  (3) 'Person' means individual, corporation, partnership,
association, joint stock company, business trust   { - or - }
 { + , limited liability company, limited liability partnership,
cooperative, government entity, + } unincorporated
organization { +  or other business entity + }.
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