Chapter 71
AN ACT
SB 84
Relating to correction of erroneous material in Oregon law; creating
new provisions; amending ORS 1.560, 3.434, 18.845, 18.896, 25.280, 25.287,
30.908, 35.315, 45.250, 51.080, 59.245, 59.885, 60.121, 82.025, 86.155, 87.242,
87.570, 87.705, 87.930, 90.396, 90.532, 92.405, 94.585, 107.105, 109.252,
116.007, 131.550, 131.602, 132.550, 135.185, 135.921, 137.225, 137.656,
144.102, 144.270, 144.460, 147.450, 147.465, 147.471, 151.211, 153.005,
163.275, 163.730, 164.015, 164.075, 164.085, 164.135, 164.415, 164.805,
169.166, 174.535, 181.010, 181.511, 181.521, 181.530, 182.454, 182.456,
182.460, 190.520, 196.810, 196.855, 196.860, 197.646, 197.732, 198.360,
209.200, 215.213, 215.283, 215.455, 236.350, 238A.400, 243.800, 246.565,
254.470, 260.007, 267.090, 279A.025, 280.070, 283.305, 285C.050, 285C.090,
285C.306, 287.252, 288.160, 289.010, 294.160, 294.725, 294.735, 319.510,
342.144, 348.280, 348.702, 351.086, 351.890, 367.171, 377.727, 390.715,
408.070, 408.225, 409.450, 414.805, 416.422, 416.483, 418.475, 418.992,
419A.047, 419A.250, 419B.090, 420.040, 421.084, 423.010, 426.020, 430.405,
430.695, 431.045, 431.220, 432.510, 438.150, 438.210, 440.335, 441.030,
441.063, 441.084, 442.120, 442.495, 442.830, 443.035, 443.225, 443.437,
446.525, 446.721, 448.123, 448.279, 452.240, 453.520, 455.110, 456.585,
459.311, 460.165, 461.110, 462.150, 465.386, 466.510, 468.110, 468A.160,
468B.555, 469.611, 470.065, 471.810, 475A.005, 479.210, 479.250, 479.630,
480.095, 480.210, 480.215, 480.244, 480.530, 480.540, 480.555, 480.565,
480.580, 480.615, 480.630, 496.275, 507.050, 530.030, 530.040, 530.170,
530.490, 530.628, 543.017, 561.144, 571.057, 578.090, 583.425, 583.518,
607.328, 616.345, 616.385, 616.850, 618.010, 618.066, 622.080, 632.595,
633.015, 633.055, 633.065, 633.077, 633.088, 634.212, 646.605, 646.661,
646.686, 646.691, 650.145, 650.165, 652.420, 653.280, 656.172, 657.078,
657.092, 657.321, 657.331, 657.370, 657.458, 659A.820, 660.010, 660.155,
662.805, 663.150, 670.304, 677.785, 677.805, 677.812, 688.830, 691.405,
701.055, 701.500, 709.030, 709.535, 711.550, 713.045, 716.592, 722.004,
735.430, 735.465, 735.470, 735.740, 742.560, 743.556, 744.001, 744.056,
748.603, 802.250, 810.540, 825.490, 825.494 and 837.990 and ORCP 78 C and 79 E;
and repealing ORS 182.451, 632.405, 632.505 and 722.002.
Be It Enacted by the People of
the State of
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
NOTE: Sets forth
Reviser’s Bill policy statement.
SECTION 2. ORS 1.560 is amended to read:
1.560. In any case in
which the judge desires the appointment of private counsel, the judge shall so
notify the State Court Administrator. The State Court Administrator, under the
direction of the Supreme Court, may authorize the judge to employ private
counsel under the following circumstances:
(1) [Where] When the judge is a
defendant in an action, suit or proceeding and there is no other party directly
interested in the outcome of the action, suit or proceeding who should fairly
bear the cost of representation; [or]
(2) [Where] When the judge is a
defendant in an action, suit or proceeding and the State Court Administrator
concludes that no party interested in the outcome of the action, suit or
proceeding will provide adequate representation for the judge; or
(3) In any action, suit
or proceeding, [where] when
the State Court Administrator finds that employing private counsel is necessary
to protect the public interest, the integrity of the judicial system, or the
interests of the judge in performing duties as a state officer.
NOTE: Removes
superfluous conjunction in (1); updates word choice in (1), (2) and (3).
SECTION 3. ORS 3.434 is amended to read:
3.434. (1) No later than
January 1, 1999, the presiding judge of each judicial district shall adopt a
plan to coordinate the provision of services to families involved in domestic
relations or other family court proceedings.
(2) The presiding judge
of the judicial district shall establish a local family law advisory committee
for the judicial district. The committee will prepare the plan required by
subsection (1) of this section. The membership of the local advisory committee
must reflect the diversity of the judicial district and must include, in
addition to the presiding judge or a judge designated by the presiding judge,
the trial court administrator and business, social service, community and
government representatives who must be knowledgeable in family and family law
issues. In judicial districts composed of more than one county, the presiding
judge may establish a local advisory committee in each county or establish one
or more committees to serve multiple counties.
(3)(a) At a minimum, the
local family law advisory committee shall address the following in the plan:
(A) Mandates for
mediation of child custody or parenting time disputes, requiring each party to
attend either a group or private mediation orientation session;
(B) Methods of
coordinating cases when the same child or family is involved in multiple cases;
and
(C) The need for, and
provision of, conciliation services, mediation services, child custody
evaluations, parent education and visitation services.
(b) The local advisory
committee may include other elements in the plan, including but not limited to:
(A) The need for, and
provision of, services relating to prevention and early intervention; and
(B) The use of
settlement options such as mediation, conciliation, arbitration and settlement
conferences.
(c) The local advisory
committee shall include in the plan a list of mediators qualified to provide
mediation in cases involving spousal support and division of property issues.
Once the list is developed, the judicial district shall maintain the list.
(4) The local family law
advisory committee shall present the plan to the county governing body of each
county within the judicial district and to the presiding judge of the judicial
district for their approval. The local advisory committee shall send copies of
the plan to the Chief Justice of the [
(5) The local family law
advisory committee may assist in implementing, monitoring and revising the
plan. The local advisory committee, working in conjunction with legal service
providers, may coordinate access to family law resources, including family law
facilitation and other services.
NOTE: Corrects
official title in (4).
SECTION 4. ORCP 78 C is amended to read:
C
Application. Section B of this rule does not apply to an order or
judgment for the payment of money, except orders and judgments for the payment
of sums ordered pursuant to ORS 107.095 and 107.105 (1)(i), and money for
support, maintenance, nurture, education, or attorney fees, in:
C(1)
Actions for dissolution or annulment of marriage or separation from bed and
board.
C(2)
Proceedings upon support orders entered under ORS chapter 108, 109 or 110, or
under ORS 416.400 to [416.470] 416.465,
419B.400 or 419C.590.
NOTE: Corrects
series reference in C(2) to reflect repeal of 416.470.
SECTION 5. ORCP 79 E is amended to read:
E
Scope of rule.
E(1)
This rule does not apply to a temporary restraining order issued by authority
of ORS 107.700 to [107.732]
107.735 or 124.005 to 124.040.
E(2)
This rule does not apply to temporary restraining orders or preliminary
injunctions granted pursuant to ORCP 83 except for the application of section D
of this rule.
E(3)
These rules do not modify any statute or rule of this state relating to
temporary restraining orders or preliminary injunctions in actions affecting
employer and employee.
NOTE: Corrects
series reference in E(1) to reflect addition of
107.735 to series.
SECTION 6. ORS 18.845 is amended to read:
18.845. A notice of
exemptions form must be in substantially the form set forth in this section.
Nothing in the notice form described in this section is intended to expand or
restrict the law relating to exempt property. A determination as to whether
property is exempt from execution, attachment and garnishment must be made by
reference to other law. The form provided in this section may be modified to
provide more information or to update the notice based on subsequent changes in
exemption laws.
______________________________________________________________________________
NOTICE OF EXEMPT PROPERTY
AND INSTRUCTIONS FOR
CHALLENGE TO GARNISHMENT
Property belonging to you may have been taken or held in order to
satisfy a debt. The debt may be reflected in a judgment or in a warrant or
order issued by a state agency. Important legal papers are enclosed.
YOU MAY BE ABLE TO GET
YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
State and federal law
specify that certain property may not be taken. Some of the property that you
may be able to get back is listed below.
(1) Wages or a salary as
described in ORS 18.375 and 18.385. Whichever of the following amounts is greater:
(a) 75 percent of your
take-home wages; or
(b)
$170 per workweek.
(2) Social Security
benefits.
(3) Supplemental
Security Income (SSI).
(4) Public assistance
(welfare).
(5) Unemployment
benefits.
(6) Disability benefits
(other than SSI benefits).
(7) Workers’
compensation benefits.
(8) Exempt wages, Social
Security benefits (other than SSI), welfare, unemployment benefits and
disability benefits when placed in a checking or savings account (up to
$7,500).
(9) Spousal support,
child support or separate maintenance to the extent reasonably necessary for
your support or the support of any of your dependents.
(10) A homestead (house,
[mobile home or houseboat] manufactured
dwelling or floating home) occupied by you, or occupied by your spouse,
parent or child. The value of the homestead is exempt up to the following
amounts:
(a) For a [mobile home or houseboat]
manufactured dwelling or floating home located on land that is not owned by
you, $20,000. If you jointly own the [mobile
home or houseboat] manufactured dwelling or floating home with
another person who is also liable on the debt, $27,000.
(b) For a [mobile home or houseboat]
manufactured dwelling or floating home located on land that is owned by
you, $23,000. If you jointly own the [mobile
home or houseboat] manufactured dwelling or floating home with
another person who is also liable on the debt, $30,000.
(c) For any other
homestead, $30,000. If you jointly own the homestead with
another person who is also liable on the debt, $39,600.
(11) Proceeds from the
sale of a homestead described in item 10, up to the limits described in item
10, if you hold the proceeds for less than one year and intend to use those
proceeds to procure another homestead.
(12) Household goods,
furniture, radios, a television set and utensils with a combined value not to
exceed $3,000.
*(13)
An automobile, truck, trailer or other vehicle with a value not to exceed
$2,150.
*(14) Tools, implements,
apparatus, team, harness or library that are necessary to carry on your
occupation, with a combined value not to exceed $3,000.
*(15)
Books, pictures and musical instruments with a combined value not to exceed
$600.
*(16)
Wearing apparel, jewelry and other personal items with a combined value not to exceed
$1,800.
(17) Domestic animals
and poultry for family use with a combined value not to exceed $1,000 and their
food for 60 days.
(18) Provisions and fuel
for your family for 60 days.
(19) One rifle or
shotgun and one pistol. The combined value of all firearms claimed as exempt
may not exceed $1,000.
(20) Public or private
pensions.
(21) Veterans’ benefits
and loans.
(22) Medical assistance
benefits.
(23) Health insurance
proceeds and disability proceeds of life insurance policies.
(24) Cash surrender
value of life insurance policies not payable to your estate.
(25) Federal annuities.
(26) Other annuities to
$250 per month (excess over $250 per month is subject to the same exemption as
wages).
(27) Professionally
prescribed health aids for you or any of your dependents.
*(28)
Elderly rental assistance allowed pursuant to ORS 310.635.
(29)
Your right to receive, or property traceable to:
(a) An award under any
crime victim reparation law.
(b) A payment or
payments, not exceeding a total of $10,000, on account of personal bodily
injury suffered by you or an individual of whom you are a dependent.
(c) A payment in
compensation of loss of future earnings of you or an individual of whom you are
or were a dependent, to the extent reasonably necessary for your support and
the support of any of your dependents.
(30) Amounts paid to you
as an earned income tax credit under federal tax law.
*(31) Interest in
personal property to the value of $400, but this cannot be used to increase the
amount of any other exemption.
(32) Equitable interests
in property.
(33) Security deposits
or prepaid rent held by a residential landlord under ORS 90.300.
(34) If the amount shown
as owing on the Debt Calculation form exceeds the amount you actually owe to
the creditor, the difference between the amount owed and the amount shown on
the Debt Calculation form.
Note: If two or more
people in your household owe the claim or judgment, each of them may claim the
exemptions marked by an asterisk (*).
______________________________________________________________________________
SPECIAL RULES APPLY FOR
DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that
may not otherwise be taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers’ compensation
benefits, unemployment benefits, veterans’ benefits and pensions are normally
exempt, but only 75 percent of a lump sum payment of these benefits is exempt
if the debt is owed for a support obligation.
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK.
You may seek to reclaim your exempt property by doing the following:
(1) Fill out the
Challenge to Garnishment form that you received with this notice.
(2) Mail or deliver the
Challenge to Garnishment form to the court administrator at the address shown
on the writ of garnishment, and mail or deliver a copy of the form to the
Garnishor at the address shown on the writ of garnishment. If you wish to claim
wages or salary as exempt, you must mail or deliver the form within 120 days
after you receive this notice. If you wish to claim that any other money or
property is exempt, or claim that the property is not subject to garnishment,
you must mail or deliver the form within 30 days after you receive this notice.
You have the burden of showing that your challenge is made on time, so you
should keep records showing when the challenge was mailed or delivered.
(3) The law only
requires that the Garnishor hold the garnished money or property for 10 days
before applying it to the Creditor’s use. You may be able to keep the property
from being used by the Creditor by promptly following (1) and (2) above.
You should be prepared
to explain your exemption in court. If you have any questions about the
garnishment or the debt, you should see an attorney.
YOU MAY USE THE
CHALLENGE TO GARNISHMENT FORM ONLY FOR THE FOLLOWING PURPOSES:
(1) To claim such
exemptions from garnishment as are permitted by law.
(2) To assert that
property is not garnishable property under ORS 18.618.
(3) To assert that the
amount specified in the writ of garnishment as being subject to garnishment is
greater than the total amount owed.
YOU MAY NOT USE
THE CHALLENGE TO GARNISHMENT FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
IF YOU FILE A CHALLENGE
TO A GARNISHMENT IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE
COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are
listed in ORS 18.715.
When you file a
Challenge to Garnishment form, the Garnishee may be required to make all
payments under the garnishment to the court, and the Garnishor may be required
to pay to the court all amounts received by the
Garnishor that are subject to the challenge to the garnishment. The Garnishee and
Garnishor are subject to penalties if they do not. For a complete explanation
of their responsibilities, see ORS 18.705 and 18.708.
______________________________________________________________________________
NOTE: Updates
(10) in form to conform to terminology used in judgment statutes. See
amendments by chapter 542, Oregon Laws 2005.
SECTION 7. ORS 18.896 is amended to read:
18.896. (1) The challenge to execution form described in this section
does not expand or restrict the law relating to exempt property. A
determination as to whether property is exempt from attachment or execution
must be made by reference to other law. The form provided in this section may
be modified to provide more information or to update the notice based on
subsequent changes in exemption laws.
(2) A challenge to
execution form must be in substantially the following form:
______________________________________________________________________________
________ COURT
COUNTY OF ________
______ ) CHALLENGE TO
Plaintiff, ) EXECUTION
)
vs. ) Case No. ____
)
______ )
Defendant. )
THIS FORM MAY BE USED BY
THE DEBTOR ONLY TO CLAIM SUCH EXEMPTIONS FROM EXECUTION AS ARE PERMITTED
BY LAW.
THIS FORM MAY BE USED BY
PERSONS OTHER THAN THE DEBTOR ONLYTO CLAIM AN INTEREST IN THE PROPERTY
THAT IS TO BE SOLD ON EXECUTION.
THIS FORM MAY NOT
BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.
I/We claim that the
following described property or money is exempt from execution:
______________________________________________________________________________
______________________________________________________________________________
I/We believe this
property is exempt from execution because (the Notice of Exempt Property at the
end of this form describes most types of property that you can claim as exempt
from execution):
______________________________________________________________________________
______________________________________________________________________________
I am a person other than
the Debtor and I have the following interest in the property:
______________________________________________________________________________
______________________________________________________________________________
Name ________ Name ________
Signature ______ Signature ______
Address ______ Address ______
____________ ____________
Telephone Telephone
Number ______ Number ______
(Required) (Required)
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK.
You may seek to reclaim your exempt property by doing the following:
(1) Fill out the
Challenge to Execution form that you received with this notice.
(2) Mail or deliver the
Challenge to Execution form to the court administrator at the address shown on
the writ of execution.
(3) Mail or deliver a
copy of the Challenge to Execution form to the judgment creditor at the address
shown on the writ of execution.
You should be prepared
to explain your exemption in court. If you have any questions about the
execution or the debt, you should see an attorney.
YOU MAY USE THE
CHALLENGE TO EXECUTION FORM ONLY TO CLAIM SUCH EXEMPTIONS FROM EXECUTION
AS ARE PERMITTED BY LAW.
YOU MAY NOT USE
THE CHALLENGE TO EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
IF YOU CLAIM AN
EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT
THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in
ORS 18.899.
NOTICE OF EXEMPT PROPERTY
Property belonging to
you may have been taken or held in order to satisfy a debt. The debt may be
reflected in a judgment or in a warrant or order issued by a state agency.
Important legal papers are enclosed.
YOU MAY BE ABLE TO GET
YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
State and federal law
specify that certain property may not be taken. Some of the property that you
may be able to get back is listed below.
(1) Wages or a salary as
described in ORS 18.375 and 18.385. Whichever of the following amounts is greater:
(a) 75 percent of your
take-home wages; or
(b)
$170 per workweek.
(2) Social Security
benefits.
(3) Supplemental
Security Income (SSI).
(4) Public assistance
(welfare).
(5) Unemployment
benefits.
(6) Disability benefits
(other than SSI benefits).
(7) Workers’
compensation benefits.
(8) Exempt wages, Social
Security benefits (other than SSI), welfare, unemployment benefits and
disability benefits when placed in a checking or savings account (up to
$7,500).
(9) Spousal support,
child support or separate maintenance to the extent reasonably necessary for
your support or the support of any of your dependents.
(10) A homestead (house,
[mobile home or houseboat] manufactured
dwelling or floating home) occupied by you, or occupied by your spouse,
parent or child. The value of the homestead is exempt up to the following
amounts:
(a) For a [mobile home or houseboat]
manufactured dwelling or floating home located on land that is not owned by
you, $20,000. If you jointly own the [mobile
home or houseboat] manufactured dwelling or floating home with
another person who is also liable on the debt, $27,000.
(b) For a [mobile home or houseboat]
manufactured dwelling or floating home located on land that is owned by
you, $23,000. If you jointly own the [mobile
home or houseboat] manufactured dwelling or floating home with
another person who is also liable on the debt, $30,000.
(c) For any other
homestead, $30,000. If you jointly own the homestead with
another person who is also liable on the debt, $39,600.
(11) Proceeds from the
sale of a homestead described in item 10, up to the limits described in item
10, if you hold the proceeds for less than one year and intend to use those
proceeds to procure another homestead.
(12) Household goods,
furniture, radios, a television set and utensils with a combined value not to
exceed $3,000.
*(13)
An automobile, truck, trailer or other vehicle with a value not to exceed
$2,150.
*(14) Tools, implements,
apparatus, team, harness or library that are necessary to carry on your
occupation, with a combined value not to exceed $3,000.
*(15)
Books, pictures and musical instruments with a combined value not to exceed
$600.
*(16)
Wearing apparel, jewelry and other personal items with a combined value not to
exceed $1,800.
(17) Domestic animals
and poultry for family use with a combined value not to exceed $1,000 and their
food for 60 days.
(18) Provisions and fuel
for your family for 60 days.
(19) One rifle or
shotgun and one pistol. The combined value of all firearms claimed as exempt
may not exceed $1,000.
(20) Public or private
pensions.
(21) Veterans’ benefits
and loans.
(22) Medical assistance
benefits.
(23) Health insurance
proceeds and disability proceeds of life insurance policies.
(24) Cash surrender
value of life insurance policies not payable to your estate.
(25) Federal annuities.
(26) Other annuities to
$250 per month (excess over $250 per month is subject to the same exemption as
wages).
(27) Professionally
prescribed health aids for you or any of your dependents.
*(28)
Elderly rental assistance allowed pursuant to ORS 310.635.
*(29) Your right to
receive, or property traceable to:
*(a) An
award under any crime victim reparation law.
*(b) A payment or
payments, not exceeding a total of $10,000, on account of personal bodily
injury suffered by you or an individual of whom you are a dependent.
*(c) A payment in
compensation of loss of future earnings of you or an individual of whom you are
or were a dependent, to the extent reasonably necessary for your support and
the support of any of your dependents.
(30) Amounts paid to you
as an earned income tax credit under federal tax law.
(31) Interest in
personal property to the value of $400, but this cannot be used to increase the
amount of any other exemption.
(32) Equitable interests
in property.
Note: If two or more
people in your household owe the claim or judgment, each of them may claim the
exemptions marked by an asterisk (*).
______________________________________________________________________________
SPECIAL RULES APPLY FOR
DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that
may not otherwise be taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers’ compensation
benefits, unemployment benefits, veterans’ benefits and pensions are normally exempt,
but only 75 percent of a lump sum payment of these benefits is exempt if the
debt is owed for a support obligation.
______________________________________________________________________________
NOTE: Updates
(10) in form to conform to terminology used in judgment statutes. See
amendments by chapter 542, Oregon Laws 2005.
SECTION 8. ORS 25.280 is amended to read:
25.280. In any judicial
or administrative proceeding for the establishment or modification of a child
support obligation under ORS chapters 107, 108, 109 and 416, and ORS chapter
110 or ORS 419B.400, 419B.923, 419C.590 or 419C.610, the amount of support
determined by the formula established [pursuant
to ORS 25.270 to 25.287] under ORS 25.275, 107.105, 416.415, 416.435
and 419B.400 or 419C.590 shall be presumed to be the correct amount of the
obligation. This shall be a rebuttable presumption and a written finding or a
specific finding on the record that the application of the formula would be
unjust or inappropriate in a particular case shall be sufficient to rebut the
presumption. The following criteria shall be considered in making the finding:
(1) Evidence of the
other available resources of a parent;
(2) The reasonable
necessities of a parent;
(3) The net income of a
parent remaining after withholdings required by law or as a condition of
employment;
(4) A parent’s ability
to borrow;
(5) The number and needs
of other dependents of a parent;
(6) The special
hardships of a parent including, but not limited to, any medical circumstances
of a parent affecting the parent’s ability to pay child support;
(7) The needs of the
child;
(8) The desirability of
the custodial parent remaining in the home as a full-time parent and homemaker;
(9) The tax
consequences, if any, to both parents resulting from spousal support awarded
and determination of which parent will name the child as a dependent; and
(10) The financial
advantage afforded a parent’s household by the income of a spouse or another
person with whom the parent lives in a relationship similar to husband and
wife.
NOTE: Inserts
more specific reference in lead-in.
SECTION 9. ORS 25.287 is amended to read:
25.287. (1)(a) The
entity providing support enforcement services under ORS 25.080 may initiate
proceedings to modify a support obligation to ensure that the support
obligation is in accordance with the formula established under ORS [25.270 to 25.287] 25.275.
(b) Proceedings under
this subsection may occur only after two years have elapsed from the later of
the following:
(A) The date the
original support obligation took effect;
(B) The date any
previous modification of the support obligation took effect; or
(C) The date of any
previous review and determination under this subsection that resulted in no
modification of the support obligation.
(c) For purposes of
paragraph (b) of this subsection, a support obligation or modification takes
effect on the first date on which the obligor is to pay the established or
modified support amount.
(d) The only issues at
proceedings under this subsection are whether two years have elapsed, as
described in paragraph (b) of this subsection, and whether the support
obligation is in substantial compliance with the formula established under ORS
[25.270 to 25.287] 25.275.
(e) Upon review, if the
administrator determines that a support obligation does not qualify for
modification under this section, a party may object to the determination within
30 days after the date of the determination. A hearing on the objection shall
be conducted by an administrative law judge assigned from the Office of
Administrative Hearings. Appeal of the order of the administrative law judge
may be taken to the circuit court of the county in which the support obligation
has been entered or registered for a hearing de novo. The appeal to the court
shall be by petition for review filed within 60 days after entry of the order
of the administrative law judge.
(f) If the court, the
administrator or the administrative law judge finds that more than two years
have elapsed, as described in paragraph (b) of this subsection, the court, the
administrator or the administrative law judge shall modify the support order to
bring the support obligation into substantial compliance with the formula
established under ORS [25.270 to 25.287]
25.275, regardless of whether there has been a substantial change in
circumstances since the support obligation was last established, modified or
reviewed. Proceedings by the administrator or administrative law judge under
this subsection shall be conducted according to the provisions of ORS 416.425
and 416.427.
(g) The provisions of
this subsection apply to any support obligation established by a support order
under ORS chapter 24, 107, 108, 109, 110 or 416 or ORS 419B.400 or 419C.590.
(2) The entity providing
support enforcement services shall state in the document initiating the
proceeding, to the extent known:
(a) Whether there is
pending in this state or any other jurisdiction any type of support proceeding
involving the child, including a proceeding brought under ORS 107.085, 107.135,
107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.400 to 416.465,
419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists
in this state or any other jurisdiction a support order, as defined in ORS 110.303,
involving the child, other than the support obligation the entity seeks to
modify.
(3) The entity providing
support enforcement services shall include with the document initiating the
proceeding a certificate regarding any pending support proceeding and any
existing support order other than the support obligation the entity seeks to
modify. The entity providing support enforcement services shall use a
certificate that is in a form prescribed by the administrator and shall include
information required by the administrator and subsection (2) of this section.
(4) The administrator,
court or administrative law judge may use the provisions of subsection (1) of
this section when a support order was entered in another state and registered
in
(5) Notwithstanding the
provisions of this section, proceedings may be initiated at any time to modify
a support obligation based upon a substantial change of circumstances under any
other provision of law.
(6) The obligee is a
party to any action to modify a support obligation under this section.
NOTE: Inserts
more specific reference in (1)(a), (d) and (f).
SECTION 10. ORS 30.908 is amended to read:
30.908. (1)
Notwithstanding ORS 30.020, a product liability civil action for death, injury
or damage resulting from breast implants containing silicone, silica or silicon
as a component must be commenced not later than two years after the date on
which the plaintiff first discovered, or in the exercise of reasonable care
should have discovered:
(a) The death or
specific injury, disease or damage for which the plaintiff seeks recovery;
(b) The tortious nature
of the act or omission of the defendant that gives rise to a claim for relief
against the defendant; and
(c) All other elements
required to establish plaintiff’s claim for relief.
(2) A product liability
civil action for death, injury or damage resulting from breast implants containing
silicone, silica or silicon as a component is not subject to ORS 30.905 or any
other statute of repose in Oregon Revised Statutes.
(3) For the purposes of
subsection (1) of this section, an action for wrongful death must be commenced
not later than two years after the earliest date that the discoveries required
by subsection (1) of this section are made by any of the following persons:
(a) The decedent;
(b) The personal
representative for the decedent; or
(c) Any person for whose
benefit the action could be brought.
(4) Subsections (1) to [(4)] (3) of this section do not
apply to a person that supplied component parts or raw materials to
manufacturers of breast implants containing silicone, silica or silicon as a
component, and the person shall remain subject to the limitations on actions
imposed by ORS 30.020 and 30.905, if:
(a) The person did not
manufacture breast implants containing silicone, silica or silicon as a
component at any time; and
(b) The person was not
owned by and did not own a business that manufactured breast implants
containing silicone, silica or silicon as a component at any time.
(5) A physician licensed
pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or
lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the
implant is provided by the physician to a patient as part of a medical implant
procedure.
(6) A health care
facility licensed under ORS chapter 442 is not a manufacturer, distributor,
seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920
if the implant is provided by the facility to a patient as part of a medical
implant procedure.
NOTE: Narrows
internal reference in (4) to applicable subsections.
SECTION 11. ORS 35.315 is amended to read:
35.315. If motion is
made by either party before the formation of the jury, the court shall order a
view of the property in question[; and,]. Upon the return of the jury, the evidence of the
parties may be heard and the verdict of the jury given.
NOTE: Conforms punctuation to legislative style.
SECTION 12. ORS 45.250 is amended to read:
45.250. (1) At the trial
or upon the hearing of a motion or an interlocutory proceeding, any part or all
of a deposition, so far as admissible under the rules of evidence, may be used
against any party who was present or represented at the taking of the
deposition or who had due notice thereof, in accordance with any of the
following provisions of this subsection:
(a) Any deposition may
be used by any party for the purpose of contradicting or impeaching the
testimony of a deponent as a witness.
(b) The deposition of a
party, or of anyone who at the time of taking the deposition was an officer,
director or managing agent of a public or private corporation, partnership or
association [which] that is a
party, may be used by an adverse party for any purpose.
(2) At the trial or upon
the hearing of a motion or an interlocutory proceeding, any part or all of a
deposition, so far as admissible under the rules of evidence, may be used against
any party for any purpose, if the party was present or represented at the
taking of the deposition or had due notice thereof, and if the court finds
that:
(a) The witness is dead;
[or]
(b) The witness is
unable to attend or testify because of age, sickness, infirmity or
imprisonment; [or]
(c) The party offering
the deposition has been unable to procure the attendance of the witness by
subpoena; [or]
(d) Upon application and
notice, such exceptional circumstances exist as to make it desirable, in the interest
of justice and with due regard to the importance of presenting the testimony of
witnesses orally in open court, to allow the deposition to be used; or
(e) The deposition was
taken in the same proceeding pursuant to ORCP 39 I.
(3) For the purpose of
subsection (2)(c) of this section, the failure of a
party to serve a witness at the time of deposition with a subpoena that
requires the appearance of the witness at trial or other hearing does not
constitute sufficient grounds to deny the use of the deposition of that witness
at the trial or other hearing without further showing of a lack of diligence on
the part of the party offering the deposition.
NOTE: Corrects
word choice in (1)(a) and (b); removes superfluous
conjunctions in (2).
SECTION 13. ORS 51.080 is amended to read:
51.080. (1) A
justice court has jurisdiction, but not exclusive, of the following actions:
[(1)] (a) For the recovery of money
or damages only, when the amount claimed does not exceed $5,000.
[(2)] (b) For the recovery of specific
personal property, when the value of the property claimed and the damages for
the detention do not exceed $5,000.
[(3)] (c) For the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not exceeding $5,000.
[(4)] (d) [Also,]
To give judgment without action, upon the confession of the defendant for any
of the causes specified in this section, except for a penalty or forfeiture
imposed by statute.
[(5)] (2) For purposes of this section, the amount claimed,
value of property, damages or any amount in controversy does not include any
amount claimed as costs and disbursements or attorney fees as defined by ORCP
68 A.
NOTE: Reorganizes
section to correct read-in problem; deletes superfluous language in (1)(d).
SECTION 14. ORS 59.245 is amended to read:
59.245. The Director of
the Department of Consumer and Business Services:
(1) May make such public
or private investigations within or outside this state as the director deems
necessary to determine whether a person has violated or is about to violate any
provision of the Oregon Securities Law or any rule or order of the director, or
to aid in the enforcement of the Oregon Securities Law or in the formulation of
rules and forms thereunder;
(2) May require or permit
a person to file a statement in writing, under oath or otherwise as the
director determines, as to all the facts and circumstances concerning the
matter to be investigated;
(3) May publish
information concerning any violation of the Oregon Securities Law or any rule
or order of the director; and
(4) If the director has
reason to believe that any person has engaged, is engaging or is about to
engage in any violation of the Oregon Securities Law, [the director] may issue an order, subject to ORS 59.295, directed
to the person to cease and desist from the violation or threatened violation.
NOTE: Corrects
read-in problem in (4).
SECTION 15. ORS 59.885 is amended to read:
59.885. The Director of
the Department of Consumer and Business Services:
(1) May make such public
or private investigations within or outside this state as the director deems
necessary to determine whether a person has violated any provision of ORS
59.840 to 59.980 or any rule or order of the director, or to aid in the
enforcement of ORS 59.840 to 59.980 or in the formulation of rules and forms
thereunder;
(2) May require or
permit a person to file a statement in writing, under oath or otherwise as the
director determines, as to all the facts and circumstances concerning the
matter to be investigated;
(3) May publish
information concerning any violation under this section or ORS 59.890, 59.992
or 59.996 or any rule or order of the director after an action taken under this
section or ORS 59.890, 59.992 or 59.996; and
(4) If the director has
reasonable cause to believe that any person has been engaged, is engaging or is
about to engage in any violation of any provision of ORS 59.840 to 59.980, [the director] may issue an order,
subject to ORS 59.905, directed to the person, and to any other person directly
or indirectly controlling the person, to cease and desist from the violation or
threatened violation.
NOTE: Corrects
read-in problem in (4).
SECTION 16. ORS 60.121 is amended to read:
60.121. (1) The
registered agent appointed by a corporation shall be an agent of the
corporation upon whom any process, notice or demand required or permitted by
law to be served upon the corporation may be served.
(2) The Secretary of
State shall be an agent of a corporation including a dissolved corporation upon
whom any such process, notice or demand may be served whenever the corporation
fails to appoint or maintain a registered agent in this state or whenever the
corporation’s registered agent cannot with reasonable diligence be found at the
registered office.
(3) Service shall be
made on the Secretary of State by:
(a) Serving the
Secretary of State or a clerk on duty at the office a copy of the process,
notice or demand, with any papers required by law to be delivered in connection
with the service, and the required fee for each party being served or by
mailing to the office a copy of the process, notice or demand and the required
fee for each party being served by certified or registered mail;
(b) Transmittal by the
person instituting the proceedings of notice of the service on the Secretary of
State and copy of the process, notice or demand and accompanying papers to the
corporation being served by certified or registered mail:
(A) At the last
registered office of the corporation as shown by the records on file in the
office of the Secretary of State[,];and
(B) At such address the
use of which the person initiating the proceedings knows or, on the basis of
reasonable inquiry, has reason to believe is most likely to result in actual
notice; and
(c) Filing with the
appropriate court or other body, as part of the return of service, the return
receipt of mailing and an affidavit of the person initiating the proceedings
stating that this section has been complied with.
(4) The Secretary of
State shall keep a record of all processes, notices and demands served upon the
Secretary of State under this section.
(5) After completion of
initial service upon the Secretary of State, no additional documents need be
served upon the Secretary of State to maintain jurisdiction in the same
proceeding or to give notice of any motion or provisional process.
(6) Nothing contained in
this section shall limit or affect the right to serve any process, notice or
demand required or permitted by law to be served upon a corporation in any
other manner now or hereafter permitted by law, or enlarge the purposes for
which service on the Secretary of State is permitted where such purposes are
limited by other provisions of law.
NOTE: Conforms
punctuation in (3)(b)(A) to legislative style.
SECTION 17. ORS 82.025 is amended to read:
82.025. ORS 82.010 (3)
and (4) and 82.020 do not apply to:
(1) Any financial
institution or trust company, as those terms are defined in ORS 706.008, any
consumer finance licensee under ORS chapter 725[,] or any pawnbroker licensed under ORS chapter 726.
(2) Any lender approved
by the Secretary of Housing and Urban Development of the United States for
participation in any mortgage insurance program under the National Housing Act
(12 U.S.C. 1701 et seq.).
(3) Any loan secured by
a first lien on real property or made to finance the acquisition of real
property and secured by any lien on that property.
(4) Any loan [which] that is secured by real
property, [which is] scheduled under
the loan agreement to be repaid in substantially equal payments and [which is] made by a lender described in
this subsection. A lender under this subsection is one who makes, invests in or
arranges real property loans, including loans secured by first liens on
residential manufactured homes, aggregating more than $1 million per year.
Under this subsection, payments shall be [“]
substantially equal[“] if, under the terms of the loan agreement, no single scheduled
payment is more than twice the amount of any other scheduled payment.
(5) Any loan wholly or
partially secured or covered by guarantees or insurance by the Federal Housing
Administration, the United States Department of Veterans Affairs or [the Farmers Home Administration of the
United States] Rural Development or the Farm Service Agency of the
United States Department of Agriculture, any department, bureau, board,
commission or agency of the United States, or any corporation wholly owned,
directly or indirectly by the United States.
(6) Any loan permitted
under applicable federal law and regulations from a tax qualified retirement
plan to a person then a participant under the plan.
(7) Any bona fide sale
or resale of securities or commercial paper.
(8) Any interest charge
by broker-dealers registered under the Securities Exchange Act of 1934 for
carrying a debit balance in an account for a customer if the debit balance is
payable on demand and secured by stocks or bonds.
NOTE: Strikes
serial comma in (1); corrects word choice and eliminates unnecessary punctuation
in (4); updates reference to federal agency in (5) to reflect reorganization
within the United States Department of Agriculture.
SECTION 18. ORS 86.155 is amended to read:
86.155. (1) As used in this section:
(a) “Credit agreement”
means any promissory note, loan agreement or other agreement [which] that provides for advances
subsequent to the date of recording of the line of credit instrument [which] that secures [such] the note or agreement.
(b) “Line of credit
instrument” means a mortgage or trust deed [which]
that secures a consumer or commercial credit agreement and creates a lien
on specified real property up to a stated amount, provided that the front page
of the mortgage or trust deed, or a memorandum thereof:
(A) Contains the legend “line
of credit mortgage,” “line of credit trust deed” or “line of credit instrument”
either in capital letters or underscored above the body of the mortgage or
trust deed;
(B) States the maximum
principal amount to be advanced pursuant to the credit agreement; and
(C) States the term or
maturity date, if any, of the credit agreement exclusive of any option to renew
or extend [such] the term [of] or maturity date.
(c) “Residential line of
credit instrument” means any line of credit instrument creating a lien on real
property upon which are situated or will be constructed four or fewer
residential units, one of which, at the time the credit agreement is entered
into, is the borrower’s residence or is intended, following construction, to be
a residence of the borrower.
(2) A line of credit
instrument shall have priority, regardless of the knowledge of the lienholder
of any intervening lien, as of its date of recording as to the following
advances whether [such] the
advances are optional or obligatory advances:
(a) Principal advances
made any time pursuant to the credit agreement, to the extent the total
outstanding advances do not exceed the maximum principal amount stated in the
line of credit instrument under subsection (1)(b)(B) of this section;
(b) Interest, lawful
charges and advances made any time pursuant to the credit agreement for the
reasonable protection of the real property including, but not limited to,
advances to pay real property taxes, hazard insurance premiums, maintenance
charges imposed under a declaration or restrictive covenant and reasonable
attorney fees, whether or not [such]
the interest, lawful charges or advances [shall exceed] exceed the maximum principal amount stated in
the line of credit instrument under subsection (1)(b)(B) of this section; and
(c) Advances made any
time after the date of recording and pursuant to a credit agreement that is not
secured by a residential line of credit instrument to complete construction of
previously agreed-upon improvements on the real property, whether or not [such] the advances exceed the
maximum principal amount stated in the line of credit instrument under
subsection (1)(b)(B) of this section provided, however, that the front page of
the instrument states that the maximum principal amount to be advanced pursuant
to the credit agreement may be exceeded by advances to complete construction
pursuant to this subsection.
(3) Actions that do not
affect the priority granted to the advances set forth in subsection (2) of this
section shall include, but not be limited to, those actions set forth in ORS
86.095 (1). If any modification to a credit agreement increases the maximum
principal amount to be advanced pursuant to the credit agreement, then
principal advances that are made that exceed the original maximum principal
amount stated in the line of credit instrument shall have priority as of the
date of recording an amendment to the line of credit instrument that states the
increased maximum principal amount.
(4) In the case of a
residential line of credit instrument, the debtor may limit the indebtedness
secured by that line of credit instrument to the amount of the credit
outstanding by delivering a notice by personal service upon the lienholder or
trust deed beneficiary or by mailing a notice by certified mail, return receipt
requested, to the lienholder or trust deed beneficiary at the address given for
payment or, if none, to the address of the lienholder or trust deed beneficiary
indicated in the line of credit instrument or deed of trust. To be sufficient
to limit indebtedness under this subsection, the notice must:
(a) State that it is
made under this section;
(b) Contain the legal
description in the line of credit instrument or the street address of the real
property;
(c) Provide the
information necessary to locate the line of credit instrument in the public
record;
(d) State the debtor’s
intention to limit the amount of credit secured by the line of credit
instrument to the amount owed at the time the notice is received;
(e) State the date sent;
and
(f) Be signed and
acknowledged by all debtors obligated under the line of credit instrument.
(5) Not later than the
20th day after receipt of the notice described in subsection (4) of this
section, the lienholder or trust deed beneficiary shall:
(a) Indorse on the
notice, or on an addendum to the notice, the principal amount of the
indebtedness secured by the line of credit instrument on the date the
lienholder or trust deed beneficiary received notice;
(b) Sign and acknowledge
the notice or the addendum, if applicable; and
(c) Record the notice
and addendum in the public record where the line of credit instrument was
originally recorded.
(6) If the lienholder or
trust deed beneficiary fails to record the notice and addendum, if applicable,
within the time period specified in subsection (5) of this section, the debtor
may record the notice in the public record where the line of credit instrument
was originally recorded, together with proof of receipt by, or personal
delivery to, the lienholder or trust deed beneficiary.
(7) Notwithstanding
subsection (4) of this section, the line of credit instrument shall continue to
have priority as of its date of recording as to:
(a) Principal advances,
including any advance the creditor is required to honor, that were made before
a notice under subsection (4) of this section is received;
(b) Interest, lawful
charges and advances described in subsection (2)(b)
and (c) of this section; and
(c) All advances made
after a notice under subsection (4) of this section is received [which] that are within the amount
owed at the time the notice under subsection (4) of this section is given.
NOTE: Corrects
and updates word choice in (1)(a), (1)(b) lead-in,
(1)(b)(C), (2) lead-in, (2)(b), (2)(c) and (7)(c).
SECTION 19. ORS 87.242 is amended to read:
87.242. (1) A person
claiming a lien created by ORS 87.216, 87.222 or 87.232 shall file a written
notice of claim of lien with the recording officer of the county in which the
lien debtor resides, or, if the lien debtor is a business, the county in which
the lien debtor has its principal place of business, not later than 60 days
after the close of the furnishing of the labor, services or materials. A person
claiming a lien created by ORS 87.226 shall file a written notice of claim of
lien with the Secretary of State not later than 75 days after the close of the
furnishing of the labor, services or materials. The Secretary of State shall
include a notice of claim of lien that is filed with the secretary under this
subsection in the index maintained by the secretary for filing financing
statements pursuant to ORS chapter 79.
(2) The notice of claim
of lien required under subsection (1) of this section shall be a statement in
writing verified by the oath of the lien claimant and must contain:
(a) A true statement of
the lien claimant’s demand after deducting all credits and offsets;
(b) The name of the
owner of the chattel to be charged with the lien;
(c) A description of the
labor, services or materials provided by the lien claimant for the
benefit of the owner of the chattel to be charged with the lien;
(d) A description of the
chattel to be charged with the lien sufficient for identification;
(e) A statement that the
amount claimed is a true and bona fide existing debt as of the date of the
filing of notice of claim of lien;
(f) The date on which
payment was due to the lien claimant for labor, services or materials;
(g) The terms of
extended payment; and
(h) Such other
information as the Secretary of State may require for the written notice of
claim of lien created by ORS 87.226.
(3) If the person entitled to a lien under ORS 87.216 to 87.232 does not
properly file a notice of claim of lien within the time required by
subsection (1) of this section, the person waives the right to the lien.
NOTE: Supplies
missing comma in (2)(c).
SECTION 20. ORS 87.570 is amended to read:
87.570. The form of the
notice required by ORS 87.565 shall be substantially as follows:
______________________________________________________________________________
Notice is hereby given
that ______ has rendered hospitalization services or medical treatment for ______,
a person who was injured on the ___ day of ______ in the city of ______, county
of ______, State of ______, on or about the ___ day of ______, and the ______
(name of claimant) hereby claims a lien upon any money due or owing or any
claim for compensation, damages, contribution, settlement, award or judgment
from any person alleged to have caused [said]
the injuries and any other person liable for the injury or obligated to
compensate the injured person on account of [said] the injuries. The lien applies to any person or
insurer that provides for payment for hospitalization services or medical
treatment rendered to the injured person, including an insurer that provides
personal injury protection coverage or similar no-fault medical insurance. The
hospitalization services or medical treatment was rendered to the injured
person between the ______ day of ______ and the ___ day of ______.
STATEMENT OF AMOUNT DUE
______________________________________________________________________________
[____________________________________________________________________________]
[____________________________________________________________________________]
[____________________________________________________________________________]
Thirty days have not elapsed since that time. The claimant’s demand for
[said] hospitalization services or
medical treatment is in the sum of $____ and no part thereof has been paid,
except $____, and there is now due and owing and remaining unpaid thereof,
after deducting all credits and offsets the sum of $____, in which amount lien
is hereby claimed.
____________, Claimant.
State of
) ss.
County of ___ )
I, ______, being first
duly sworn on oath say: That I am ______ named in the foregoing claim of lien;
that I have read the same and know the contents thereof and believe the same to
be true.
______________
Subscribed and sworn to
before me this ___ day of ______, 2___.
______________, Notary Public.
______________________________________________________________________________
NOTE: Removes
archaic language and extraneous lines from form.
SECTION 21. ORS 87.705 is amended to read:
87.705. (1) An agricultural
producer that delivers or transfers agricultural produce for consideration to a
purchaser has a lien for the contract price of that produce, or for the
reasonable value of the produce if there is no contract price. The lien created
by this section attaches to all agricultural produce, whether in a raw or
processed condition, delivered or transferred to the purchaser by any
agricultural producer and to all other inventory of the purchaser. The lien
also attaches to proceeds received by the purchaser from the sale by the
purchaser to a third party of any raw or processed agricultural produce. If the
agricultural produce that an agricultural producer delivers to the purchaser
consists of meat animals, the lien also attaches to all accounts receivable by
the purchaser from the sale of any agricultural produce to a third party. The
lien on the agricultural produce, inventory, proceeds or accounts receivable
attaches on the date physical possession of the agricultural produce is
delivered or transferred by the agricultural producer to the purchaser or an
agent of the purchaser.
(2) An agricultural
producer that claims a lien under subsection (1) of this section need not file
any notice in order to perfect the lien. The agricultural producer must file a
notice of lien as provided in ORS 87.710 to extend the lien beyond the normal
expiration date.
(3) The lien created by
this section is subject to the provisions of ORS [79.3070 (1)] 79.0320 (1).
(4) An agreement by an
agricultural producer purporting to waive the right to file notice under ORS
87.710 of a lien created by this section is void as contrary to public policy.
NOTE: Replaces
reference to repealed statute in (3) with comparable active statute.
SECTION 22. ORS 87.930 is amended to read:
87.930. If the Secretary
of State receives notice of a lien created under ORS 87.226, 87.705 or 87.755,
the Secretary of State, upon request, shall furnish the person who filed the
lien with a list of persons who have filed a financing statement under ORS [79.4010] 79.0501 that perfects a
security interest in the inventory, proceeds or accounts receivable of the lien
debtor or purchaser. The list must include:
(1) The name and address
of the secured party for each statement or notice;
(2) The filing number
and date of filing for the financing statement in the index maintained by the
Secretary of State; and
(3) Other information
that the Secretary of State considers necessary or proper.
NOTE: Replaces
reference to repealed statute in lead-in with comparable active statute.
SECTION 23. ORS 90.396 is amended to read:
90.396. (1) Except as
provided in subsection (2) of this section, after at least 24 hours’ written
notice specifying the acts and omissions constituting the cause and specifying
the date and time of the termination, the landlord may terminate the rental
agreement and take possession as provided in ORS 105.105 to 105.168, if:
(a) The tenant, someone
in the tenant’s control or the tenant’s pet seriously threatens to inflict
substantial personal injury, or inflicts any substantial personal injury, upon
a person on the premises other than the tenant;
(b) The tenant or
someone in the tenant’s control recklessly endangers a person on the premises
other than the tenant by creating a serious risk of substantial personal
injury;
(c) The tenant, someone
in the tenant’s control or the tenant’s pet inflicts any substantial personal
injury upon a neighbor living in the immediate vicinity of the premises;
(d) The tenant or
someone in the tenant’s control intentionally inflicts any substantial damage
to the premises or the tenant’s pet inflicts substantial damage to the premises
on more than one occasion;
(e)(A) The tenant
intentionally provided substantial false information on the application for the
tenancy within the past year;
(B) The false
information was with regard to a criminal conviction of the tenant that would
have been material to the landlord’s acceptance of the application; and
(C) The landlord
terminates the rental agreement within 30 days after discovering the falsity of
the information; or
(f) The tenant, someone
in the tenant’s control or the tenant’s pet commits any act that is outrageous
in the extreme, on the premises or in the immediate vicinity of the premises.
For purposes of this paragraph, an act is outrageous in the extreme if the act
is not described in paragraphs (a) to (e) of this subsection, but is similar in
degree and is one that a reasonable person in that community would consider to
be so offensive as to warrant termination of the tenancy within 24 hours,
considering the seriousness of the act or the risk to others. An act that is
outrageous in the extreme is more extreme or serious than an act that warrants
a 30-day termination under ORS 90.392. Acts that are “outrageous in the extreme”
include, but are not limited to, the following acts by a person:
(A) Prostitution or
promotion of prostitution, as described in ORS 167.007 and 167.012;
(B) Manufacture,
delivery or possession of a controlled substance, as described in ORS 475.005,
but not including:
(i) The medical use of
marijuana in compliance with ORS 475.300 to 475.346;
(ii) Possession of, or
delivery for no consideration of, less than one avoirdupois ounce of marijuana
as described in ORS [475.840 (2)(b) or (4)(f)] 475.860 (3) or 475.864 (3); or
(iii) Possession of
prescription drugs;
(C) Intimidation, as
described in ORS 166.155 and 166.165; or
(D) Burglary as
described in ORS 164.215 and 164.225.
(2) If the cause for a
termination notice given pursuant to subsection (1) of this section is based
upon the acts of the tenant’s pet, the tenant may cure the cause and avoid
termination of the tenancy by removing the pet from the premises prior to the
end of the notice period. The notice must describe the right of the tenant to
cure the cause. If the tenant returns the pet to the premises at any time after
having cured the violation, the landlord, after at least 24 hours’ written
notice specifying the subsequent presence of the offending pet, may terminate
the rental agreement and take possession as provided in ORS 105.105 to 105.168.
The tenant does not have a right to cure this subsequent violation.
(3) For purposes of
subsection (1) of this section, someone is in the tenant’s control if that
person enters or remains on the premises with the tenant’s permission or
consent after the tenant reasonably knows or should know of that person’s act
or likelihood to commit any act of the type described in subsection (1) of this
section.
(4) An act can be proven
to be outrageous in the extreme even if the act is one that does not violate a
criminal statute. Notwithstanding the references to criminal statutes in
subsection (1)(f) of this section, the landlord’s
burden of proof in an action for possession under subsection (1) of this
section is the civil standard of proof by a preponderance of the evidence.
(5) If a good faith
effort by a landlord to terminate the tenancy under subsection (1)(f) of this section and to recover possession of the rental
unit under ORS 105.105 to 105.168 fails by decision of the court, the landlord
may not be found in violation of any state statute or local ordinance requiring
the landlord to remove that tenant upon threat of fine, abatement or forfeiture
as long as the landlord continues to make a good faith effort to terminate the
tenancy.
NOTE: Replaces
references to deleted subsections in (1)(f)(B)(ii)
with comparable active law.
SECTION 24. ORS 90.532 is amended to read:
90.532. (1) Subject to
the policies of the utility or service provider, a landlord may provide for
utilities or services to tenants by one or more of the following billing
methods:
(a) A relationship
between the tenant and the utility or service provider in which:
(A) The provider
provides the utility or service directly to the tenant’s space, including any
utility or service line, and bills the tenant directly; and
(B) The landlord does
not act as a provider.
(b) A relationship
between the landlord, tenant and utility or service
provider in which:
(A) The provider
provides the utility or service to the landlord;
(B) The landlord
provides the utility or service directly to the tenant’s space or to a common
area available to the tenant as part of the tenancy; and
(C) The landlord
includes the cost of the utility or service in the tenant’s rent or bills the
tenant for a utility or service charge separately from the rent in an amount
determined by apportioning the provider’s charge to the landlord as measured by
a master meter.
(c) A relationship
between the landlord, tenant and utility or service
provider in which:
(A) The provider
provides the utility or service to the landlord;
(B) The landlord
provides the utility or service directly to the tenant’s space; and
(C) The landlord uses a
submeter to measure the utility or service actually provided to the space and
bills the tenant for a utility or service charge for the amount provided.
(2) To assess a tenant
for a utility or service charge for any billing period, the landlord shall give
the tenant a written notice stating the amount of the utility or service charge
that the tenant is to pay the landlord[,]
and the due date for making the payment. The due date may not be less than 14
days from the date of service of the notice.
(3) A utility or service
charge is not rent or a fee. Nonpayment of a utility or service charge is not
grounds for termination of a rental agreement for nonpayment of rent under ORS
[90.400] 90.394, but is
grounds for termination of a rental agreement for cause under ORS 90.630.
(4) The landlord is
responsible for maintaining the utility or service system, including any
submeter, consistent with ORS 90.730. After any installation or maintenance of
the system on a tenant’s space, the landlord shall restore the space to a
condition that is the same as or better than the condition of the space before
the installation or maintenance.
(5) A landlord may not
assess a utility or service charge for water unless the water is provided to
the landlord by a:
(a)
Public utility as defined in ORS 757.005;
(b) Municipal utility
operating under ORS chapter 225;
(c) People’s utility
district organized under ORS chapter 261;
(d) Cooperative
organized under ORS chapter 62;
(e) Domestic water
supply district organized under ORS chapter 264; or
(f) Water improvement
district organized under ORS chapter 552.
(6) A landlord who
provides utilities or services only to tenants of the landlord in compliance
with this section and ORS 90.534 and 90.536 is not a public utility for
purposes of ORS chapter 757.
NOTE: Strikes
errant comma in (2); replaces reference to repealed statute in (3) with
comparable active statute.
SECTION 25. ORS 92.405 is amended to read:
92.405. (1) Unless the making of a public report has been waived, a
person may not sell or lease a lot, parcel or interest in a subdivision or
series partition prior to the issuance of the report.
(2) A copy of the public
report, when issued, must be given to the prospective purchaser by the
subdivider, series partitioner or developer, or [their agents] an agent of the subdivider, series partitioner or
developer, prior to the execution of a binding contract or agreement for
the sale or lease of a lot, parcel[,] or interest in a subdivision or
series partition. The subdivider, series partitioner or developer, or [their agents] an agent of the
subdivider, series partitioner or developer, shall take a receipt from the
prospective purchaser or lessee upon delivery of a copy of the Real Estate
Commissioner’s public report[, and].
The receipt must be kept on file within this state in the possession of the
subdivider, series partitioner or developer subject to inspection by the
commissioner for a period of three years from the date the receipt is taken.
(3) The commissioner’s
public report may not be used for advertising purposes unless the report is
used in its entirety. No portion of the report shall be underscored, italicized
or printed in larger or heavier type than the balance of the report unless the
true copy of the report so emphasizes such portion.
(4) The commissioner may
furnish at cost copies of the public report for the use of subdividers, series
partitioners and developers.
(5) The requirements of
this section extend to lots, parcels or other interests sold by the subdivider,
series partitioner or developer after repossession.
(6) In addition to other
sanctions provided by law, a violation of subsection (1), (2)
or (3) of this section is an unlawful practice subject to ORS 646.608.
NOTE: Corrects
grammar, strikes serial comma and truncates lengthy sentence in (2).
SECTION 26. ORS 94.585 is amended to read:
94.585. A declarant may
amend the declaration or initial bylaws in order to comply with requirements of
the Federal Housing Administration, the United States Department of Veterans
Affairs, [the Farmer’s Home Administration
of the United States] Rural Development or the Farm Service Agency of
the United States Department of Agriculture, the Federal National Mortgage
Association, the Government National Mortgage Association, the Federal Home Loan
Mortgage [Loan] Corporation, any
department, bureau, board, commission or agency of the United States or the
State of Oregon or any corporation wholly owned, directly or indirectly, by the
United States or the State of Oregon [which]
that insures, guarantees or provides financing for a planned community
or lots in a planned community. However, if the need to amend the declaration
or the initial bylaws occurs after the turnover to the homeowners association
has occurred, the amendment must be approved by the association in accordance
with the approval provisions of the declaration or bylaws.
NOTE: Corrects
names of federal agencies and word choice.
SECTION 27. ORS 107.105 is amended to read:
107.105. (1) Whenever the court renders a judgment of marital annulment,
dissolution or separation, the court may provide in the judgment:
(a) For the future care
and custody, by one party or jointly, of all minor children of the parties
born, adopted or conceived during the marriage[,] and for minor children born to the
parties prior to the marriage, as the court may deem just and proper under ORS
107.137. The court may hold a hearing to decide the custody issue prior to any
other issues. When appropriate, the court shall recognize the value of close
contact with both parents and encourage joint parental custody and joint
responsibility for the welfare of the children.
(b) For parenting time
rights of the parent not having custody of such children[,] and for visitation rights pursuant to
a petition filed under ORS 109.119. When a parenting plan has been developed as
required by ORS 107.102, the court shall review the parenting plan and, if
approved, incorporate the parenting plan into the court’s final order. When
incorporated into a final order, the parenting plan is determinative of parenting
time rights. If the parents have been unable to develop a parenting plan or if
either of the parents requests the court to develop a detailed parenting plan,
the court shall develop the parenting plan in the best interest of the child,
ensuring the noncustodial parent sufficient access to the child to provide for
appropriate quality parenting time and [assuring]
ensuring the safety of the parties, if implicated. The court may deny
parenting time to the noncustodial parent under this subsection only if the
court finds that parenting time would endanger the health or safety of the
child. The court shall recognize the value of close contact with both parents
and encourage, when practicable, joint responsibility for the welfare of such
children and extensive contact between the minor children of the divided
marriage and the parties. If the court awards parenting time to a noncustodial
parent who has committed abuse, the court shall make adequate provision for the
safety of the child and the other parent in accordance with the provisions of
ORS 107.718 (6).
(c) For the support of
the children of the marriage by the parties. In ordering child support, the
formula established [by ORS 25.270 to
25.287] under ORS 25.275 shall apply. The court may at any time
require an accounting from the custodial parent with reference to the use of
the money received as child support. The court is not required to order support
for any minor child who has become self-supporting, emancipated or married[,] or who
has ceased to attend school after becoming 18 years of age.
(d) For spousal support,
an amount of money for a period of time as may be just and equitable for one
party to contribute to the other, in gross or in installments or both. The
court may approve an agreement for the entry of an order for the support of a
party. In making the spousal support order, the court shall designate one or
more categories of spousal support and shall make findings of the relevant
factors in the decision. The court may order:
(A) Transitional spousal
support as needed for a party to attain education and training necessary to
allow the party to prepare for reentry into the job market or for advancement
therein. The factors to be considered by the court in awarding transitional
spousal support include but are not limited to:
(i) The duration of the
marriage;
(ii) A party’s training
and employment skills;
(iii) A party’s work
experience;
(iv)
The financial needs and resources of each party;
(v) The tax consequences
to each party;
(vi) A
party’s custodial and child support responsibilities; and
(vii) Any other factors
the court deems just and equitable.
(B) Compensatory spousal
support when there has been a significant financial or other contribution by
one party to the education, training, vocational skills, career or earning
capacity of the other party and when an order for compensatory spousal support
is otherwise just and equitable in all of the circumstances. The factors to be
considered by the court in awarding compensatory spousal support include but
are not limited to:
(i) The amount, duration
and nature of the contribution;
(ii) The duration of the
marriage;
(iii) The relative
earning capacity of the parties;
(iv)
The extent to which the marital estate has already benefited from the
contribution;
(v) The tax consequences
to each party; and
(vi)
Any other factors the court deems just and equitable.
(C) Spousal maintenance
as a contribution by one spouse to the support of the other for either a
specified or an indefinite period. The factors to be considered by the court in
awarding spousal maintenance include but are not limited to:
(i) The duration of the
marriage;
(ii) The age of the
parties;
(iii) The health of the
parties, including their physical, mental and emotional condition;
(iv)
The standard of living established during the marriage;
(v) The relative income
and earning capacity of the parties, recognizing that the wage earner’s
continuing income may be a basis for support distinct from the income that the
supported spouse may receive from the distribution of marital property;
(vi) A
party’s training and employment skills;
(vii) A party’s work
experience;
(viii) The financial
needs and resources of each party;
(ix) The tax
consequences to each party;
(x) A party’s custodial
and child support responsibilities; and
(xi) Any other factors
the court deems just and equitable.
(e) For the delivery to
one party of such party’s personal property in the possession or control of the
other at the time of the giving of the judgment.
(f) For the division or
other disposition between the parties of the real or personal property, or
both, of either or both of the parties as may be just and proper in all the
circumstances. A retirement plan or pension or an interest therein shall be
considered as property. The court shall consider the contribution of a spouse
as a homemaker as a contribution to the acquisition of marital assets. There is
a rebuttable presumption that both spouses have contributed equally to the
acquisition of property during the marriage, whether such property is jointly
or separately held. Subsequent to the filing of a petition for annulment or
dissolution of marriage or separation, the rights of the parties in the marital
assets shall be considered a species of coownership, and a transfer of marital
assets under a judgment of annulment or dissolution of marriage or of
separation entered on or after October 4, 1977, shall be considered a
partitioning of jointly owned property. The court shall require full disclosure
of all assets by the parties in arriving at a just property division. In
arriving at a just and proper division of property, the court shall consider
reasonable costs of sale of assets, taxes and any other costs reasonably
anticipated by the parties. If a spouse has been awarded spousal support in
lieu of a share of property, the court shall so state on the record[,] and shall order the obligor to
provide for and maintain life insurance in an amount commensurate with the
obligation and designating the obligee as beneficiary for the duration of the
obligation. If the obligor dies prior to the termination of such support and
such insurance is not in force, the court may modify the method of payment of
spousal support under the judgment or order of support from installments to a
lump sum payment to the obligee from the estate of the obligor in an amount
commensurate with the present value of the spousal support at the time of
death. The obligee or attorney of the obligee shall cause a certified copy of
the judgment to be delivered to the life insurance company
or companies. If the obligee or the attorney of the obligee delivers a true
copy of the judgment to the life insurance company or companies, identifying
the policies involved and requesting such notification under this section, the
company or companies shall notify the obligee, as beneficiary of the insurance
policy, whenever the policyholder takes any action that will change the
beneficiary or reduce the benefits of the policy. Either party may request notification
by the insurer when premium payments have not been made. If the obligor is
ordered to provide for and maintain life insurance, the obligor shall provide
to the obligee a true copy of the policy. The obligor shall also provide to the
obligee written notice of any action that will reduce the benefits or change
the designation of the beneficiaries under the policy.
(g) For the creation of
trusts as follows:
(A) For the appointment
of one or more trustees to hold, control and manage for the benefit of the
children of the parties, of the marriage or otherwise[,] such of the real or personal property
of either or both of the parties, as the court may order to be allocated or
appropriated to their support and welfare, [;] and to collect, receive, expend, manage or invest any sum of
money awarded for the support and welfare of minor children of the parties.
(B) For the appointment
of one or more trustees to hold, manage and control such amount of money or
such real or personal property of either or both of the parties, as may be set
aside, allocated or appropriated for the support of a party.
(C) For the
establishment of the terms of the trust and provisions for the disposition or
distribution of such money or property to or between the parties, their successors,
heirs and assigns after the purpose of the trust has been accomplished. Upon
petition of a party or a person having an interest in the trust showing a
change of circumstances warranting a change in the terms of the trust, the
court may make and direct reasonable modifications in its terms.
(h) To change the name
of either spouse to a name the spouse held before the marriage. The court shall
order a change if it is requested by the affected party.
(i)
For a money award for any sums of money found to be then remaining
unpaid upon any order or limited judgment entered under ORS 107.095. If a
limited judgment was entered under ORS 107.095, the limited judgment shall
continue to be enforceable for any amounts not paid under the limited judgment
unless those amounts are included in the money award made by the general
judgment.
(j) For an award of
reasonable attorney fees and costs and expenses reasonably incurred in the
action in favor of a party or in favor of a party’s attorney.
(2) In determining the
proper amount of support and the proper division of property under subsection
(1)(c), (d) and (f) of this section, the court may
consider evidence of the tax consequences on the parties of its proposed
judgment.
(3) Upon the filing of
the judgment, the property division ordered shall be deemed effective for all
purposes. This transfer by judgment, which shall [effect] affect solely owned property transferred to the
other spouse as well as commonly owned property in the same manner as would a
declaration of a resulting trust in favor of the spouse to whom the property is
awarded, [shall not be deemed] is
not a taxable sale or exchange.
(4) If an appeal is
taken from a judgment of annulment or dissolution of marriage or of separation
or from any part of a judgment rendered in pursuance of the provisions of ORS
107.005 to 107.086, 107.095, 107.105, 107.115 to 107.174, 107.405, 107.425,
107.445 to 107.520, 107.540 and 107.610, the court rendering the judgment may
provide in a supplemental judgment for any relief provided for in ORS 107.095
and shall provide that the relief granted in the judgment is to be in effect
only during the pendency of the appeal. A supplemental judgment under this
subsection may be enforced as provided in ORS 33.015 to 33.155 and ORS chapter
18. A supplemental judgment under this subsection may be appealed in the same
manner as provided for supplemental judgments modifying a domestic relations
judgment under ORS 19.275.
(5) If an appeal is
taken from the judgment or other appealable order in a suit for annulment or
dissolution of a marriage or for separation[,] and the appellate court awards costs
and disbursements to a party, [it]
the court may also award to that party, as part of the costs, such
additional sum of money as it may adjudge reasonable as an attorney fee on the
appeal.
(6) If, as a result of a
suit for the annulment or dissolution of a marriage or for separation, the
parties to such suit become owners of an undivided interest in any real or
personal property, or both, either party may maintain supplemental proceedings
by filing a petition in such suit for the partition of such real or personal
property, or both, within two years from the entry of the judgment, showing
among other things that the original parties to the judgment and their joint or
several creditors having a lien upon any such real or personal property, if any
there be, constitute the sole and only necessary parties to such supplemental
proceedings. The procedure in the supplemental proceedings, so far as applicable,
shall be the procedure provided in ORS 105.405[,] for the partition of real property, and the court granting the
judgment shall have in the first instance and retain jurisdiction in equity
therefor.
NOTE: Strikes
errant commas in (1)(a), (b), (c) and (6); corrects
word choice in (1)(b); inserts more specific reference in (1)(c); corrects and
updates punctuation in (1)(g)(A); updates word choice in (3); strikes errant
comma and clarifies pronoun in (5).
SECTION 28. ORS 109.252 is amended to read:
109.252. (1) Unless the
court or administrator finds good cause not to proceed in a proceeding under
ORS 109.125 to 109.230 and 416.400 to 416.465, in which paternity is a relevant
fact, the court or administrator, as defined in ORS 25.010, upon [his or her] the court’s or
administrator’s own initiative or upon suggestion made by or on behalf of
any person whose blood is involved may, or upon motion of any party to the
action made at a time so as not to delay the proceedings unduly[,] shall, order the mother,
child, alleged father and any other named respondent who may be the father to
submit to blood tests. If any person refuses to submit to such tests, the court
or administrator may resolve the question of paternity against such person or
enforce [its] the court’s or
administrator’s order if the rights of others and the interests of justice
so require.
(2) When child support
enforcement services are being provided under ORS 25.080, the Child Support
Program shall pay any costs for blood tests subject to recovery from the party
who requested the tests. If the original test result is contested prior to the
entry of an order establishing paternity, the court or administrator shall
order additional testing upon request and advance payment by the party making
the request.
NOTE: Conforms
terminology in (1) to legislative style; corrects comma placement in (1).
SECTION 29. ORS 116.007 is amended to read:
116.007. (1) Unless the
will otherwise provides and subject to subsection (2) of this section, all
expenses incurred in connection with the settlement of a decedent’s estate,
including debts, funeral expenses, estate taxes, interest and penalties
concerning taxes, family allowances, fees of attorneys and personal
representatives[,] and court costs,
shall be charged against the principal of the estate.
(2) Unless the will
otherwise provides, income from the assets of a decedent’s estate after the
death of the testator and before distribution, including income from property
used to discharge liabilities, shall be determined in accordance with the rules
applicable to a trustee under ORS chapter 129 and this section and distributed
as follows:
(a) To specific legatees
and devisees, the income from the property bequeathed or devised to them
respectively, less taxes, ordinary repairs, and other expenses of management
and operation of the property, and an appropriate portion of interest accrued
since the death of the testator and of taxes imposed on income, excluding taxes
on capital gains, that accrue during the period of administration.
(b) To all other
legatees and devisees, except legatees of pecuniary bequests that are not in
trust and that do not qualify for the marital deduction provided for in section
2056 of the Internal Revenue Code (26 U.S.C. 2056), the balance of the income,
less the balance of taxes, ordinary repairs, and other expenses of management
and operation of all property from which the estate is entitled to income,
interest accrued since the death of the testator, and taxes imposed on income,
excluding taxes on capital gains, that accrue during the period of
administration, in proportion to their respective interests in the
undistributed assets of the estate computed at times of distribution on the
basis of inventory value.
(3) Income received by a
trustee under subsection (2) of this section shall be treated as income of the
trust.
NOTE: Corrects
punctuation in (1) to clarify placement of “court costs” within sentence.
SECTION 30. ORS 131.550 is amended to read:
131.550. As used in ORS
131.550 to 131.600:
(1) “Acquiesce in
prohibited conduct” means that a person knew of the prohibited conduct and
knowingly failed to take reasonable action under the circumstances to terminate
or avoid the use of the property in the course of prohibited conduct. For
purposes of this subsection, “reasonable action under the circumstances”
includes, but is not limited to:
(a) Reporting the
prohibited conduct to a law enforcement agency;
(b) Commencing action
that will assert the rights of the affiant as to the property interest;
(c) Terminating a rental
agreement; or
(d) Seeking an abatement
order under the provisions of ORS 105.505 to 105.520 or 105.550 to 105.600[,] or under any ordinance or regulation
allowing abatement of nuisances.
(2) “All persons known to
have an interest” means:
(a) Any person who has,
prior to the time the property is seized for criminal 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 that has been seized for criminal
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.
(3) “Attorney fees” has
the meaning given that term in ORCP 68 A.
(4) “Financial
institution” means any person lawfully conducting business as:
(a) A financial
institution or trust company, as those terms are
defined in ORS 706.008;
(b) A consumer finance
company subject to the provisions of ORS chapter 725;
(c) A mortgage banker or
a mortgage broker as those terms are defined in ORS
59.840, a mortgage servicing company or other mortgage company;
(d) 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
[(D) The Farmers Home Administration;]
(D) Rural Development
and the Farm Service Agency of the United States Department of Agriculture;
(E) The Federal National
Mortgage Association;
(F) The Government
National Mortgage Association;
(G) The Federal Home
Loan Mortgage [Association]
Corporation;
(H) The Federal
Agricultural Mortgage Corporation; and
(I) The
Small Business Administration;
(e) An agency,
department or instrumentality of this state, including but not limited to:
(A) The Housing and
Community Services Department;
(B) The Department of
Veterans’ Affairs; and
(C) The Public Employees
Retirement System;
(f) An agency,
department or instrumentality of any municipality in this state, including but
not limited to such agencies as the Portland Development Commission;
(g) An insurer as
defined in ORS 731.106;
(h) A private mortgage
insurance company;
(i) A pension plan or
fund or other retirement plan; and
(j) A broker-dealer or
investment adviser representative as defined in ORS 59.015.
(5) “Forfeiture counsel”
means an attorney designated to represent a seizing agency in criminal
forfeiture actions or proceedings.
(6) “Instrumentality”
means property that is used or intended for use in prohibited conduct or that
facilitates prohibited conduct.
(7) “Law enforcement
agency” means any agency that employs police officers or prosecutes criminal
cases.
(8) “Official law
enforcement use” means a use that 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 that constitutes
prohibited conduct, 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”
means:
(a) For purposes of
proceeds, a felony or a Class A misdemeanor.
(b) For purposes of
instrumentalities, any crime listed in ORS 131.602.
(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 criminal
forfeiture.
(14) “Weapon” means any
instrument of offensive or defensive combat or anything used, or designed to be
used, to destroy, defeat or injure a person.
NOTE: Strikes
errant comma in (1)(d); corrects names of federal
agencies in (4)(d).
SECTION 31. ORS 131.602 is amended to read:
131.602. The crimes to
which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as
defined in ORS 162.015.
(2) Bribe receiving, as
defined in ORS 162.025.
(3) Public investment
fraud, as defined in ORS 162.117.
(4) Bribing a witness,
as defined in ORS 162.265.
(5) Bribe receiving by a
witness, as defined in ORS 162.275.
(6) Simulating legal
process, as defined in ORS 162.355.
(7) Official misconduct
in the first degree, as defined in ORS 162.415.
(8) Custodial
interference in the second degree, as defined in ORS 163.245.
(9) Custodial
interference in the first degree, as defined in ORS 163.257.
(10) Buying or selling a
person under 18 years of age, as defined in ORS
163.537.
(11) Using a child in a
display of sexually explicit conduct, as defined in ORS 163.670.
(12) Encouraging child
sexual abuse in the first degree, as defined in ORS 163.684.
(13) Encouraging child
sexual abuse in the second degree, as defined in ORS 163.686.
(14) Encouraging child sexual
abuse in the third degree, as defined in ORS 163.687.
(15) Possession of
materials depicting sexually explicit conduct of a child in the first degree,
as defined in ORS 163.688.
(16) Possession of
materials depicting sexually explicit conduct of a child in the second degree,
as defined in ORS 163.689.
(17) Theft in the second
degree, as defined in ORS 164.045.
(18) Theft in the first
degree, as defined in ORS 164.055.
(19) Aggravated theft in
the first degree, as defined in ORS 164.057.
(20) Theft by extortion,
as defined in ORS 164.075.
(21) Theft by deception,
as defined in ORS 164.085, if it is a felony or a Class A
misdemeanor.
(22) Theft by receiving,
as defined in ORS 164.095, if it is a felony or a Class A
misdemeanor.
(23) Theft of services,
as defined in ORS 164.125, if it is a felony or a Class A
misdemeanor.
(24) Unauthorized use of
a vehicle, as defined in ORS 164.135.
(25) Mail theft or
receipt of stolen mail, as defined in ORS 164.162.
(26) Laundering a
monetary instrument, as defined in ORS 164.170.
(27) Engaging in a
financial transaction in property derived from unlawful activity, as defined in
ORS 164.172.
(28) Burglary in the
second degree, as defined in ORS 164.215.
(29) Burglary in the
first degree, as defined in ORS 164.225.
(30) Possession of a
burglary tool or theft device, as defined in ORS 164.235.
(31) Unlawful entry into
a motor vehicle, as defined in ORS 164.272.
(32) Arson in the second
degree, as defined in ORS 164.315.
(33) Arson in the first
degree, as defined in ORS 164.325.
(34) Computer crime, as
defined in ORS 164.377.
(35) Robbery in the
third degree, as defined in ORS 164.395.
(36) Robbery in the
second degree, as defined in ORS 164.405.
(37) Robbery in the
first degree, as defined in ORS 164.415.
(38) Unlawful labeling
of a sound recording, as defined in ORS 164.868.
(39) Unlawful recording
of a live performance, as defined in ORS 164.869.
(40) Unlawful labeling
of a videotape recording, as defined in ORS 164.872.
(41) A violation of ORS
164.877.
(42) Endangering
aircraft, as defined in ORS 164.885.
(43) Interference with
agricultural operations, as defined in ORS 164.887.
(44) Forgery in the
second degree, as defined in ORS 165.007.
(45) Forgery in the
first degree, as defined in ORS 165.013.
(46) Criminal possession
of a forged instrument in the second degree, as defined in ORS 165.017.
(47) Criminal possession
of a forged instrument in the first degree, as defined in ORS 165.022.
(48) Criminal possession
of a forgery device, as defined in ORS 165.032.
(49) Criminal
simulation, as defined in ORS 165.037.
(50) Fraudulently
obtaining a signature, as defined in ORS 165.042.
(51) Fraudulent use of a
credit card, as defined in ORS 165.055.
(52) Negotiating a bad
check, as defined in ORS 165.065.
(53) Possessing a
fraudulent communications device, as defined in ORS 165.070.
(54) Unlawful factoring
of a payment card transaction, as defined in ORS 165.074.
(55) Falsifying business
records, as defined in ORS 165.080.
(56) Sports bribery, as
defined in ORS 165.085.
(57) Sports bribe
receiving, as defined in ORS 165.090.
(58) Misapplication of
entrusted property, as defined in ORS 165.095.
(59) Issuing a false
financial statement, as defined in ORS 165.100.
(60) Obtaining execution
of documents by deception, as defined in ORS 165.102.
(61) A violation of ORS
165.543.
(62) Cellular
counterfeiting in the third degree, as defined in ORS 165.577.
(63) Cellular
counterfeiting in the second degree, as defined in ORS 165.579.
(64) Cellular
counterfeiting in the first degree, as defined in ORS 165.581.
(65) Identity theft, as
defined in ORS 165.800.
(66) A violation of ORS
166.190.
(67) Unlawful use of a
weapon, as defined in ORS 166.220.
(68) A violation of ORS
166.240.
(69) Unlawful possession
of a firearm, as defined in ORS 166.250.
(70) A violation of ORS
166.270.
(71) Unlawful possession
of a machine gun, short-barreled rifle, short-barreled shotgun or firearms
silencer, as defined in ORS 166.272.
(72) A violation of ORS
166.275.
(73) Unlawful possession
of armor piercing ammunition, as defined in ORS 166.350.
(74) A violation of ORS
166.370.
(75) Unlawful possession
of a destructive device, as defined in ORS 166.382.
(76) Unlawful
manufacture of a destructive device, as defined in ORS 166.384.
(77) Possession of a
hoax destructive device, as defined in ORS 166.385.
(78) A violation of ORS
166.410.
(79) Providing false
information in connection with a transfer of a firearm, as defined in ORS
166.416.
(80) Improperly transferring
a firearm, as defined in ORS 166.418.
(81) Unlawfully
purchasing a firearm, as defined in ORS 166.425.
(82) A violation of ORS
166.429.
(83) A violation of ORS
166.470.
(84) A violation of ORS
166.480.
(85) A violation of ORS
166.635.
(86) A violation of ORS
166.638.
(87) Unlawful
paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS
166.720.
(89) Prostitution, as
defined in ORS 167.007.
(90) Promoting
prostitution, as defined in ORS 167.012.
(91) Compelling
prostitution, as defined in ORS 167.017.
(92) Exhibiting an
obscene performance to a minor, as defined in ORS 167.075.
(93) Unlawful gambling
in the second degree, as defined in ORS 167.122.
(94) Unlawful gambling
in the first degree, as defined in ORS 167.127.
(95) Possession of
gambling records in the second degree, as defined in ORS 167.132.
(96) Possession of
gambling records in the first degree, as defined in ORS 167.137.
(97) Possession of a
gambling device, as defined in ORS 167.147.
(98) Possession of a gray
machine, as defined in ORS 167.164.
(99) Cheating, as
defined in ORS 167.167.
(100) Tampering with
drug records, as defined in ORS 167.212.
(101)
A violation of ORS 167.262.
(102)
Research and animal interference, as defined in ORS 167.312.
(103)
Animal abuse in the first degree, as defined in ORS 167.320.
(104) Aggravated animal
abuse in the first degree, as defined in ORS 167.322.
(105)
Animal neglect in the first degree, as defined in ORS 167.330.
(106) Interfering with
an assistance, a search and rescue or a therapy animal, as defined in ORS
167.352.
(107)
Involvement in animal fighting, as defined in ORS 167.355.
(108) Dogfighting, as
defined in ORS 167.365.
(109)
Participation in dogfighting, as defined in ORS 167.370.
(110)
Unauthorized use of a livestock animal, as defined in ORS 167.385.
(111)
Interference with livestock production, as defined in ORS 167.388.
(112)
A violation of ORS 167.390.
(113)
A violation of ORS 471.410.
(114) Failure to report
missing precursor substances, as defined in ORS 475.955.
(115) Illegally
selling drug equipment, as defined in ORS 475.960.
(116) Providing
false information on a precursor substances report, as defined in ORS 475.965.
(117)
Unlawful delivery of an imitation controlled substance, as defined in ORS
475.912.
(118)
A violation of ORS 475.840, if it is a felony or a Class A misdemeanor.
(119)
A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.
(120)
A violation of ORS 475.916.
(121)
A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.
(122)
A violation of ORS 475.904 [(2)].
(123) Misuse of an
identification card, as defined in ORS 807.430.
(124) Unlawful
production of identification cards, licenses, permits, forms or camera cards,
as defined in ORS 807.500.
(125) Transfer of
documents for the purposes of misrepresentation, as defined in ORS 807.510.
(126) Using an invalid
license, as defined in ORS 807.580.
(127) Permitting misuse
of a license, as defined in ORS 807.590.
(128) Using another’s
license, as defined in ORS 807.600.
(129) Criminal driving
while suspended or revoked, as defined in ORS 811.182, when it is a felony.
(130) Driving while
under the influence of intoxicants, as defined in ORS 813.010, when it is a
felony.
(131)
Unlawful distribution of cigarettes, as defined in ORS 323.482.
(132)
A violation of ORS 180.440 (2).
(133) A
violation described in ORS 475.846 to 475.894, if it is a felony.
(134) An
attempt, conspiracy or solicitation to commit a crime in subsections (1) to
(133) of this section if the attempt, conspiracy or solicitation is a felony or
a Class A misdemeanor.
NOTE: Deletes
erroneous subsection reference in (122).
SECTION 32. ORS 132.550 is amended to read:
132.550. The indictment
shall contain substantially the following:
(1) The name of the
circuit court in which it is filed; [and]
(2) The title of the
action; [and]
(3) A statement that the
grand jury accuses the defendant or defendants of the designated offense or
offenses; [and]
(4) A separate accusation
or count addressed to each offense charged, if there be more than one; [and]
(5) A statement in each
count that the offense charged therein was committed in a designated county; [and]
(6) A statement in each
count that the offense charged therein was committed on, or on or about, a
designated date, or during a designated period of time; [and]
(7) A statement of the
acts constituting the offense in ordinary and concise language, without
repetition, and in such manner as to enable a person of common understanding to
know what is intended; [and]
(8) The signatures of
the foreman and of the district attorney; and
(9) The date the
indictment is filed with the clerk of the court.
NOTE: Removes
superfluous conjunctions.
SECTION 33. ORS 135.185 is amended to read:
135.185. If it appears
from the preliminary hearing that there is probable cause to believe that a
crime has been committed and that the defendant committed it, the magistrate
shall make a written order holding the defendant for further proceedings on the
charge. When hearsay evidence was admitted at the preliminary hearing, the
magistrate, in determining the existence of probable cause, shall consider:
(a) The extent to which
the hearsay quality of the evidence affects the weight it should be given[,];
and
(b) The likelihood of
evidence other than hearsay being available at trial to provide the information
furnished by hearsay at the preliminary hearing.
NOTE:
Restructures section to conform to legislative style.
SECTION 34. ORS 135.921, as amended by section 75, chapter
702, Oregon Laws 2005, is amended to read:
135.921. (1) The filing
fee paid by a defendant at the time of filing a petition for a possession of
marijuana diversion agreement as provided in ORS 135.909 shall be $233 and shall
be ordered paid as follows if the petition is allowed:
(a) $123 to the
Department of Revenue for deposit in the Criminal Fine and Assessment Account;
and
(b) $110 to be
distributed as provided for the disposition of costs under ORS 153.630.
(2) If less than the
$233 filing fee is paid to the court by the defendant under subsection (1) of
this section, the money actually received shall be allocated in the amounts
provided first to the State Treasurer and the remainder as provided for the
disposition of costs under ORS 153.630.
(3) In addition to the
filing fee under subsection (1) of this section, the court shall order the
defendant to pay $90 directly to the agency or organization providing the
diagnostic assessment.
(4) The Chief Justice of
the [
NOTE: Corrects
official title in (4).
SECTION 35. ORS 137.225 is amended to read:
137.225. (1)(a) At any time after the lapse of three years from the
date of pronouncement of judgment, any defendant who has fully complied with
and performed the sentence of the court and whose conviction is described in
subsection (5) of this section by motion may apply to the court [wherein that] where the
conviction was entered for entry of an order setting aside the conviction; or
(b) At any time after
the lapse of one year from the date of any arrest, if no accusatory instrument
was filed, or at any time after an acquittal or a dismissal of the charge, the
arrested person may apply to the court [which]
that would have jurisdiction over the crime for which the person was
arrested, for entry of an order setting aside the record of [such] the arrest. For the purpose
of computing the one-year period, time during which the arrested person has
secreted himself or herself within or without the state [shall not be] is not included.
(2)(a) A copy of the
motion and a full set of the defendant’s fingerprints shall be served upon the
office of the prosecuting attorney who prosecuted the crime or violation, or
who had authority to prosecute the charge if there was no accusatory instrument
filed, and opportunity shall be given to contest the motion. The
fingerprint card with the notation “motion for setting aside conviction,”
or “motion for setting aside arrest record” as the
case may be, shall be forwarded to the Department of State Police [Bureau of Criminal Identification] bureau
of criminal identification. Information resulting from the fingerprint
search along with the fingerprint card shall be returned to the prosecuting
attorney.
(b) When a prosecuting
attorney is served with a copy of a motion to set aside a conviction under this
section, the prosecuting attorney shall provide a copy of the motion and notice
of the hearing date to the victim, if any, of the crime by mailing a copy of
the motion and notice to the victim’s last-known address.
(c) When a person makes
a motion under subsection (1)(a) of this section, the
person must pay a fee of $80. The person shall attach a certified check payable
to the Department of State Police in the amount of $80 to the fingerprint card
that is served upon the prosecuting attorney. The office of the prosecuting
attorney shall forward the check with the fingerprint card to the Department of
State Police [Bureau of Criminal
Identification] bureau of criminal identification.
(3) Upon hearing the
motion, the court may require the filing of such affidavits and may require the
taking of such proofs as it deems proper. The court shall allow the victim to
make a statement at the hearing. Except as otherwise provided in subsection
(11) of this section, if the court determines that the circumstances and
behavior of the applicant from the date of conviction, or from the date of
arrest as the case may be, to the date of the hearing on the motion warrant
setting aside the conviction, or the arrest record as the case may be, it shall
enter an appropriate order [which]
that shall state the original arrest charge and the conviction charge, if
any and if different from the original, date of charge, submitting agency and
disposition. The order shall further state that positive identification has
been established by the bureau and further identified as to state bureau number
or submitting agency number. Upon the entry of [such an] the order, the applicant for purposes of the law
shall be deemed not to have been previously convicted, or arrested as the case
may be, and the court shall issue an order sealing the record of conviction and
other official records in the case, including the records of arrest whether or
not the arrest resulted in a further criminal proceeding.
(4) The clerk of the
court shall forward a certified copy of the order to such agencies as directed
by the court. A certified copy must be sent to the Department of Corrections
when the person has been in the custody of the Department of Corrections. Upon
entry of [such an] the order,
[such] the conviction, arrest
or other proceeding shall be deemed not to have occurred, and the applicant may
answer accordingly any questions relating to [their] its occurrence.
(5) The provisions of
subsection (1)(a) of this section apply to a
conviction of:
(a) A Class C felony,
except for criminal mistreatment in the first degree under ORS 163.205 when it
would constitute child abuse, as defined in ORS 419B.005, or any sex crime.
(b) The crime of
possession of the narcotic drug marijuana when that crime was punishable as a
felony only.
(c) A crime punishable
as either a felony or a misdemeanor, in the discretion of the court, except
for:
(A) Any sex crime; and
(B) The following crimes
when they would constitute child abuse as defined in ORS 419B.005:
(i) Criminal
mistreatment in the first degree under ORS 163.205; and
(ii) Endangering the
welfare of a minor under ORS 163.575 (1)(a).
(d) A misdemeanor,
including a violation of a municipal ordinance, for which a jail sentence may
be imposed, except for endangering the welfare of a minor under ORS 163.575
(1)(a) when it would constitute child abuse, as defined in ORS 419B.005, or any
sex crime.
(e) A violation, whether
under state law or local ordinance.
(f) An offense committed
before January 1, 1972, [which] that
if committed after that date would be:
(A) A Class C felony,
except for any sex crime or for the following crimes when they would constitute
child abuse as defined in ORS 419B.005:
(i) Criminal
mistreatment in the first degree under ORS 163.205; and
(ii) Endangering the
welfare of a minor under ORS 163.575 (1)(a).
(B) A crime punishable
as either a felony or a misdemeanor, in the discretion of the court, except for
any sex crime or for the following crimes when they would constitute child
abuse as defined in ORS 419B.005:
(i) Criminal
mistreatment in the first degree under ORS 163.205; and
(ii) Endangering the
welfare of a minor under ORS 163.575 (1)(a).
(C) A misdemeanor,
except for endangering the welfare of a minor under ORS 163.575 (1)(a) when it would constitute child abuse, as defined in ORS
419B.005, or any sex crime.
(D) A violation.
(6) Notwithstanding
subsection (5) of this section, the provisions of subsection (1) of this
section do not apply to:
(a) A person convicted
of, or arrested for, a state or municipal traffic offense[;].
(b) A person convicted,
within the 10-year period immediately preceding the filing of the motion
pursuant to subsection (1) of this section, of any other offense, excluding
motor vehicle violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest or conviction
that is sought to be set aside. Notwithstanding subsection (1) of this section,
a conviction [which] that has
been set aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable[; or].
(c) A person who at the
time the motion authorized by subsection (1) of this section is pending before
the court is under charge of commission of any crime.
(7) The provisions of subsection
(1)(b) of this section do not apply to a person arrested within the three-year
period immediately preceding the filing of the motion for any offense,
excluding motor vehicle violations, and excluding arrests for conduct
associated with the same criminal episode that caused the arrest that is sought
to be set aside.
(8) The provisions of
subsection (1) of this section apply to convictions and arrests [which] that occurred before, as
well as those [which] that
occurred after, September 9, 1971. There [shall
be] is no time limit for making [such]
an application.
(9) For purposes of any
civil action in which truth is an element of a claim for relief or affirmative
defense, the provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have occurred [shall] do not apply and a party
may apply to the court for an order requiring disclosure of the official
records in the case as may be necessary in the interest of justice.
(10) Upon motion of any
prosecutor or defendant in a case involving records sealed under this section,
supported by affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under this section for
the limited purpose of assisting the investigation of the movant. However, such
an order [shall have] has no
other effect on the orders setting aside the conviction or the arrest record.
(11) Unless the court
makes written findings by clear and convincing evidence that granting the
motion would not be in the best interests of justice, the court shall grant the
motion and enter an order as provided in subsection (3) of this section if the
defendant has been convicted of one of the following crimes and is otherwise
eligible for relief under this section:
(a) Abandonment of a
child, ORS 163.535.
(b) Attempted assault in
the second degree, ORS 163.175.
(c) Assault in the third
degree, ORS 163.165.
(d) Coercion, ORS
163.275.
(e) Criminal
mistreatment in the first degree, ORS 163.205.
(f) Attempted escape in
the first degree, ORS 162.165.
(g) Incest, ORS 163.525,
if the victim was at least 18 years of age.
(h) Intimidation in the
first degree, ORS 166.165.
(i) Attempted kidnapping
in the second degree, ORS 163.225.
(j) Criminally negligent
homicide, ORS 163.145.
(k) Attempted robbery in
the second degree, ORS 164.405.
(L) Robbery in the third
degree, ORS 164.395.
(m) Supplying
contraband, ORS 162.185.
(n) Unlawful use of a
weapon, ORS 166.220.
(12) As used in this
section, “sex crime” has the meaning given that term in ORS 181.594.
NOTE: Updates
word choice in (1)(a) and (b), (3), (4), (5)(f) lead-in, (6)(b), (8), (9) and
(10); supplies missing word and comma in (2)(a); corrects identification in
(2)(a) and (c) of bureau within Department of State Police with generic
terminology used in 181.066 establishing bureau; conforms punctuation in (6) to
legislative style.
SECTION 36. ORS 137.656 is amended to read:
137.656. (1) The purpose
of the Oregon Criminal Justice Commission is to improve the effectiveness and
efficiency of state and local criminal justice systems by providing a
centralized and impartial forum for statewide policy development and planning.
(2) The primary duty of
the commission is to develop and maintain a state criminal justice policy and
comprehensive, long-range plan for a coordinated state criminal justice system
that encompasses public safety, offender accountability, crime reduction and
prevention and offender treatment and rehabilitation. The plan must include,
but need not be limited to, recommendations regarding:
(a) Capacity,
utilization and type of state and local prison and jail facilities;
(b)
Implementation of community corrections programs;
(c) Alternatives to the
use of prison and jail facilities;
(d) Appropriate use of
existing facilities and programs;
(e) Whether additional
or different facilities and programs are necessary;
(f) Methods of assessing
the effectiveness of juvenile and adult correctional programs, devices and
sanctions in reducing future criminal conduct by juvenile and adult offenders;
and
(g) Methods of reducing
the risk of future criminal conduct.
(3) Other duties of the
commission are:
(a) To conduct joint
studies by agreement with other state agencies, boards or commissions on any
matter within the jurisdiction of the commission.
(b) To provide
(c) To provide technical
assistance and support to local public safety coordinating councils.
(d) To receive grant
applications to start or expand drug court programs as defined in ORS 3.450, to
make rules to govern the grant process and to award grant funds according to
the rules.
(4) The commission shall
establish by rule the information that must be submitted under ORS 137.010 (9)
and the methods for submitting the information. A rule adopted under this
subsection must be approved by the Chief Justice of the Supreme Court before it
takes effect.
NOTE: Supplies
missing words in (3)(b).
SECTION 37. ORS 144.102 is amended to read:
144.102. (1) The State
Board of Parole and Post-Prison Supervision or local supervisory authority
responsible for correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096. A copy of the
conditions shall be given to the person upon release from prison or jail.
(2) The board or the
supervisory authority shall determine, and may at any time modify, the
conditions of post-prison supervision, which may include, among other
conditions, that the person shall:
(a) Comply with the conditions
of post-prison supervision as specified by the board or supervisory authority.
(b) Be under the
supervision of the Department of Corrections and its representatives or other
supervisory authority and abide by their direction and counsel.
(c) Answer all
reasonable inquiries of the board, the department or the supervisory authority.
(d) Report to the parole
officer as directed by the board, the department or the supervisory authority.
(e) Not own, possess or
be in control of any weapon.
(f) Respect and obey all
municipal, county, state and federal laws.
(g) Understand that the
board or supervisory authority may, at its discretion, punish violations of
post-prison supervision.
(h) Attend a victim
impact treatment session in a county that has a victim impact program. If the
board or supervisory authority requires attendance under this paragraph, the
board or supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to the victim impact
program to offset the cost of the person’s participation. The board or
supervisory authority may not order a person to pay a fee in excess of $5 under
this paragraph.
(i) If required to
report as a sex offender under ORS 181.595, report with the Department of State
Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision
begins;
(B) Within 10 days of a
change in residence;
(C) Once each year
within 10 days of the person’s date of birth;
(D) Within 10 days of
the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a
change in work, vocation or attendance status at an institution of higher
education.
(3)(a) The board or
supervisory authority may establish special conditions as the board or
supervisory authority determines necessary because of the individual
circumstances of the person on post-prison supervision.
(b) If the person is on
post-prison supervision following conviction of a sex crime, as defined in ORS
181.594, the board or supervisory authority shall include all of the following
as special conditions of the person’s post-prison supervision:
(A) Agreement to comply
with any curfew set by the board, the supervisory authority or the supervising
officer.
(B) A prohibition
against contacting a person under 18 years of age without the prior written
approval of the board, supervisory authority or supervising officer.
(C) A prohibition
against being present more than one time, without the prior written approval of
the board, supervisory authority or supervising officer, at a place where
persons under 18 years of age regularly congregate.
(D) In addition to the
prohibition under subparagraph (C) of this paragraph, a prohibition against
being present, without the prior written approval of the board, supervisory
authority or supervising officer, at, or on property adjacent to, a school,
child care center, playground or other place intended for use primarily by
persons under 18 years of age.
(E) A prohibition
against working or volunteering at a school, child care center, park,
playground or other place where persons under 18 years of age regularly
congregate.
(F) Entry into and
completion of or successful discharge from a sex offender treatment program
approved by the board, supervisory authority or supervising officer. The
program may include polygraph and plethysmograph testing. The person is
responsible for paying for the treatment program.
(G) A prohibition
against any contact with the victim, directly or indirectly, unless approved by
the victim, the person’s treatment provider and the board, supervisory
authority or supervising officer.
(H) Unless otherwise
indicated for the treatment required under subparagraph (F) of this paragraph,
a prohibition against viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the person’s
deviant behavior.
(I)
Agreement to consent to a search of the person or the vehicle or residence of
the person upon the request of a representative of the board or supervisory
authority if the representative has reasonable grounds to believe that evidence
of a violation of a condition of post-prison supervision will be found.
(J) Participation in random
polygraph examinations to obtain information for risk management and treatment.
The person is responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may not be used in
evidence in a hearing to prove a violation of post-prison supervision.
(K) Maintenance of a
driving log and a prohibition against driving a motor vehicle alone unless
approved by the board, supervisory authority or supervising officer.
(L) A prohibition
against using a post-office box unless approved by the board, supervisory
authority or supervising officer.
(M) A prohibition
against residing in any dwelling in which another sex offender who is on
probation, parole or post-prison supervision resides unless approved by the
board, supervisory authority or supervising officer, or in which more than one
other sex offender who is on probation, parole or post-prison supervision
resides unless approved by the board or the director of the supervisory
authority, or a designee of the board or director. As soon as practicable, the
supervising officer of a person subject to the requirements of this
subparagraph shall review the person’s living arrangement with the person’s sex
offender treatment provider to ensure that the arrangement supports the goals
of offender rehabilitation and community safety. As used in this subparagraph:
(i) “Dwelling” has the
meaning given that term in ORS 469.160.
(ii) “Dwelling” does not
include a residential treatment facility or a halfway house.
(iii) “Halfway house”
means a publicly or privately operated profit or nonprofit residential facility
that provides rehabilitative care and treatment for sex offenders.
(c)(A) If the person is
on post-prison supervision following conviction of a sex crime, as defined in
ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the
victim was under 18 years of age, the board or supervisory authority, if
requested by the victim, shall include as a special condition of the person’s
post-prison supervision that the person not reside within three miles of the
victim unless:
(i) The victim resides
in a county having a population of less than 130,000 and the person is required
to reside in that county under subsection (6) of this section;
(ii) The person demonstrates
to the board or supervisory authority by a preponderance of the evidence that
no mental intimidation or pressure was brought to bear during the commission of
the crime;
(iii) The person
demonstrates to the board or supervisory authority by a preponderance of the
evidence that imposition of the condition will deprive the person of a
residence that would be materially significant in aiding in the rehabilitation
of the person or in the success of the post-prison supervision; or
(iv)
The person resides in a halfway house. As used in this sub-subparagraph,
“halfway house” means a publicly or privately operated profit or nonprofit
residential facility that provides rehabilitative care and treatment for sex
offenders.
(B) A victim may request
imposition of the special condition of post-prison supervision described in
this paragraph at the time of sentencing in person or through the prosecuting
attorney. A victim’s request may be included in the judgment document.
(C) If the board or
supervisory authority imposes the special condition of post-prison supervision
described in this paragraph and if at any time during the period of post-prison
supervision the victim moves to within three miles of the person’s residence,
the board or supervisory authority may not require the person to change the
person’s residence in order to comply with the special condition of post-prison
supervision.
(4)(a) The board or
supervisory authority may require the person to pay, as a condition of
post-prison supervision, any compensatory fines, restitution
or attorney fees:
(A) As determined,
imposed or required by the sentencing court; or
(B) When previously
required as a condition of any type of supervision that is later revoked.
(b) The board may
require a person to pay restitution as a condition of post-prison supervision
imposed for an offense other than the offense for which the restitution was
ordered if the person:
(A) Was ordered to pay
restitution as a result of another conviction; and
(B) Has not fully paid
the restitution by the time the person has completed the period of post-prison
supervision imposed for the offense for which the restitution was ordered.
(5) A person’s failure
to apply for or accept employment at any workplace where there is a labor
dispute in progress does not constitute a violation of the conditions of
post-prison supervision. As used in this subsection, “labor dispute” has the
meaning given that term in ORS 662.010.
(6)(a) When a person is
released from imprisonment on post-prison supervision, the board shall order,
as a condition of post-prison supervision, that the person reside for the first
six months after release in the county where the person resided at the time of
the offense that resulted in the imprisonment.
(b) Upon motion of the
board, the person, a victim or a district attorney, the board may waive the
residency requirement only after making a finding that one of the following
conditions has been met:
(A) The person provides
proof of employment with no set ending date in a county other than the
established county of residence;
(B) The person is found
to pose a significant danger to a victim of the person’s crime, or a victim or
victim’s family is found to pose a significant danger to the person residing in
the established county of residence;
(C) The person has a
spouse or biological or adoptive family residing in a county other than the
established county of residence who will be materially significant in aiding in
the rehabilitation of the person and in the success of the post-prison
supervision;
(D) As another condition
of post-prison supervision, the person is required to participate in a
treatment program that is not available in the established county of residence;
(E) The person desires
to be released to another state; or
(F) The board finds
other good cause, of a nature similar to the other conditions listed in this
paragraph, for the waiver.
(c)(A) The board shall
determine the county where the person resided at the time of the offense by
establishing the person’s last address at the time of the offense. In making
its determination, the board shall examine all of the following:
(i) An
(ii) Records maintained
by the Department of Revenue;
(iii) Records maintained
by the Department of State Police [Bureau
of Criminal Identification] bureau of criminal identification;
(iv)
Records maintained by the Department of Human Services; and
(v) Records maintained
by the Department of Corrections.
(B) When the person did
not have an identifiable address of record at the time of the offense, the
person is considered to have resided in the county where the offense occurred.
(C) If the person is
serving multiple sentences, the county of residence shall be determined
according to the date of the last arrest resulting in a conviction.
(D) In determining the
person’s county of residence for purposes of this subsection, the board may not
consider offenses committed by the person while the person was incarcerated in
a Department of Corrections facility.
(7) As used in this
section, “attends,” “institution of higher education,” “works” and “carries on
a vocation” have the meanings given those terms in ORS 181.594.
NOTE: Corrects
identification in (6)(c)(A)(iii) of bureau within
Department of State Police with generic terminology used in 181.066
establishing bureau.
SECTION 38. ORS 144.270 is amended to read:
144.270. (1) The State
Board of Parole and Post-Prison Supervision, in releasing a person on parole,
shall specify in writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
(2) The board shall
determine, and may at any time modify, the conditions of parole, which may
include, among other conditions, that the parolee shall:
(a) Accept the parole
granted subject to all terms and conditions specified by the board.
(b) Be under the
supervision of the Department of Corrections and its representatives and abide
by their direction and counsel.
(c) Answer all
reasonable inquiries of the board or the parole officer.
(d) Report to the parole
officer as directed by the board or parole officer.
(e) Not own, possess or
be in control of any weapon.
(f) Respect and obey all
municipal, county, state and federal laws.
(g) Understand that the
board may, in its discretion, suspend or revoke parole if it determines that
the parole is not in the best interest of the parolee, or in the best interest
of society.
(3)(a) The board may
establish such special conditions as it determines are necessary because of the
individual circumstances of the parolee.
(b) If the person is on
parole following conviction of a sex crime, as defined in ORS 181.594, the
board shall include all of the following as special conditions of the person’s
parole:
(A) Agreement to comply
with any curfew set by the board or the supervising officer.
(B) A prohibition
against contacting a person under 18 years of age without the prior written
approval of the board or supervising officer.
(C) A prohibition
against being present more than one time, without the prior written approval of
the board or supervising officer, at a place where persons under 18 years of
age regularly congregate.
(D) In addition to the
prohibition under subparagraph (C) of this paragraph, a prohibition against
being present, without the prior written approval of the board or supervising
officer, at, or on property adjacent to, a school, child care center,
playground or other place intended for use primarily by persons under 18 years
of age.
(E) A prohibition
against working or volunteering at a school, child care center, park,
playground or other place where persons under 18 years of age regularly
congregate.
(F) Entry into and
completion of or successful discharge from a sex offender treatment program approved
by the board or supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for the treatment
program.
(G) A prohibition
against any contact with the victim, directly or indirectly, unless approved by
the victim, the person’s treatment provider and the board or supervising
officer.
(H) Unless otherwise
indicated for the treatment required under subparagraph (F) of this paragraph,
a prohibition against viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the person’s
deviant behavior.
(I) Agreement to consent
to a search of the person or the vehicle or residence of the person upon the
request of a representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of parole will
be found.
(J) Participation in
random polygraph examinations to obtain information for risk management and
treatment. The person is responsible for paying the expenses of the
examinations. The results of a polygraph examination under this subparagraph
may not be used in evidence in a hearing to prove a violation of parole.
(K) Maintenance of a
driving log and a prohibition against driving a motor vehicle alone unless
approved by the board or supervising officer.
(L) A prohibition
against using a post-office box unless approved by the board or supervising
officer.
(M) A prohibition
against residing in any dwelling in which another sex offender who is on
probation, parole or post-prison supervision resides unless approved by the
board or supervising officer, or in which more than one other sex offender who
is on probation, parole or post-prison supervision resides unless approved by
the board or a designee of the board. As soon as practicable, the supervising
officer of a person subject to the requirements of this subparagraph shall
review the person’s living arrangement with the person’s sex offender treatment
provider to ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subparagraph:
(i) “Dwelling” has the
meaning given that term in ORS 469.160.
(ii) “Dwelling” does not
include a residential treatment facility or a halfway house.
(iii) “Halfway house”
means a publicly or privately operated profit or nonprofit residential facility
that provides rehabilitative care and treatment for sex offenders.
(c)(A) If the person is
on parole following conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was under 18
years of age, the board, if requested by the victim, shall include as a special
condition of the person’s parole that the person not reside within three miles
of the victim unless:
(i) The victim resides
in a county having a population of less than 130,000 and the person is required
to reside in that county under subsection (5) of this section;
(ii) The person
demonstrates to the board by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the
crime;
(iii) The person
demonstrates to the board by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would be materially
significant in aiding in the rehabilitation of the person or in the success of
the parole; or
(iv)
The person resides in a halfway house. As used in this sub-subparagraph,
“halfway house” means a publicly or privately operated profit or nonprofit
residential facility that provides rehabilitative care and treatment for sex
offenders.
(B) A victim may request
imposition of the special condition of parole described in this paragraph at
the time of sentencing in person or through the prosecuting attorney. A victim’s
request may be included in the judgment document.
(C) If the board imposes
the special condition of parole described in this paragraph and if at any time
during the period of parole the victim moves to within three miles of the
parolee’s residence, the board may not require the parolee to change the
parolee’s residence in order to comply with the special condition of parole.
(4) It is not a cause
for revocation of parole that the parolee failed to apply for or accept
employment at any workplace where there is a labor dispute in progress. As used
in this subsection, “labor dispute” has the meaning [for] given that term [provided]
in ORS 662.010.
(5)(a) When the board
grants an inmate parole from the custody of the Department of Corrections, the
board shall order, as a condition of parole, that the inmate reside for the
first six months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
(b) Upon motion of the
board, an inmate, a victim or a district attorney, the board may waive the
residency requirement only after making a finding that one of the following
conditions has been met:
(A) The inmate provides
proof of a job with no set ending date in a county other than the established
county of residence;
(B) The inmate is found
to pose a significant danger to the victim of the offender’s crime, or the
victim or victim’s family is found to pose a significant danger to the inmate
residing in the county of residence;
(C) The inmate has a
spouse or biological or adoptive family residing in other than the county of
residence who will be materially significant in aiding in the rehabilitation of
the offender and in the success of the parole;
(D) As another condition
of parole, the inmate is required to participate in a treatment program [which] that is not available or
located in the county of residence;
(E) The inmate desires
to be paroled to another state; or
(F) The board finds
other good cause, of a nature similar to the other conditions listed in this
paragraph, for the waiver.
(c)(A) For purposes of
this subsection, “residency” means the last address at the time of the offense,
as established by an examination of all of the following:
(i) An
(ii) Records maintained
by the Department of Revenue;
(iii) Records maintained
by the Department of State Police[, Bureau of Criminal Identification] bureau of criminal
identification;
(iv)
Records maintained by the Department of Human Services; and
(v) Records maintained
by the Department of Corrections.
(B) When an inmate did
not have one identifiable address of record at the time of the offense, the
inmate shall be considered to have resided in the county where the offense
occurred.
(C) If the inmate is
serving multiple sentences, the county of residence shall be determined
according to the date of the last arrest resulting in a conviction.
(D) If the inmate is
being rereleased after revocation of parole, the county of residence shall be
determined according to the date of the arrest resulting in a conviction of the
underlying offense.
(E) In determining the
inmate’s county of residence, a conviction for an offense that the inmate
committed while incarcerated in a state corrections institution may not be
considered.
(6) When the board
grants an inmate parole from the custody of the Department of Corrections and
if the inmate is required to report as a sex offender under ORS 181.595, the
board, as a condition of parole, shall order the inmate to report with the
Department of State Police, a chief of police, a county sheriff or the
supervising agency:
(a) When supervision
begins;
(b) Within 10 days of a
change in residence;
(c) Once each year
within 10 days of the inmate’s date of birth;
(d) Within 10 days of
the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(e) Within 10 days of a
change in work, vocation or attendance status at an institution of higher
education.
(7) As used in this
section, “attends,” “institution of higher education,” “works” and “carries on
a vocation” have the meanings given those terms in ORS 181.594.
NOTE: Corrects
word choice in (4) and (5)(b)(D); corrects
identification in (5)(c)(A)(iii) of bureau within Department of State Police
with generic terminology used in 181.066 establishing bureau.
SECTION 39. ORS 144.460 is amended to read:
144.460. The Department
of Corrections may contract with the governing bodies of political subdivisions
in this state, with the federal government and with any private agencies
approved by the department for the quartering in suitable local facilities of
persons enrolled in work release programs. Each such facility having six or
more residents must be licensed under ORS 443.400 to 443.455 [and 443.991 (2)] and must satisfy
standards established by the Department of Corrections to [assure] ensure adequate supervision, custody, health and
safety of persons quartered therein.
NOTE: Deletes
inappropriate reference to penalty section; corrects word choice.
SECTION 40. ORS 147.450 is amended to read:
147.450. As used in ORS
147.450 to 147.471 [and section 31,
chapter 870,
(1) “Domestic violence”
has the meaning given that term in ORS 135.230; and
(2) “Sexual assault”
means any unwanted sexual contact as defined in ORS 163.305.
NOTE: Deletes
reference to outdated temporary provision in lead-in.
SECTION 41. ORS 147.465 is amended to read:
147.465. (1) If sufficient funds are available in the Oregon Domestic and
Sexual Violence Services Fund, the Attorney General or the Attorney General’s
designee may make grants from the fund to carry out the plan developed under
ORS 147.456.
(2) The Attorney General
may hire staff necessary to accomplish the purposes of the plan developed under
ORS 147.456.
(3) In accordance with
ORS chapter 183, the Attorney General shall adopt rules necessary to carry out
the provisions of ORS 147.450 to 147.471 [and
section 31, chapter 870,
NOTE: Deletes reference
to outdated temporary provision in (3).
SECTION 42. ORS 147.471 is amended to read:
147.471. (1) [After development of the plan described in
ORS 147.456 and presentation of the plan to the appropriate interim legislative
committee as required in section 31, chapter 870, Oregon Laws 2001,] There
is created an advisory council that shall consist of at least 15, but not more
than 20, members. The council shall advise the Department of Justice on the
administration of the policies and practices of the domestic and sexual
violence services program. Members shall be appointed by and serve at the
pleasure of the Attorney General. Membership in the council shall:
(a) Accurately reflect
the diversity of the population in
(b) Be composed of both
lay and professionally trained individuals with expertise in domestic violence
and sexual assault services;
(c) Include
representatives of other state agencies providing services;
(d) Include representatives
of professional, civil or other public or private organizations;
(e) Include private
citizens interested in service programs; and
(f) Include recipients
of assistance or services or their representatives.
(2) Members of the
advisory council may not receive compensation for their services. Members of
the advisory council other than members employed in full-time public service
shall be reimbursed by the Department of Justice for their actual and necessary
expenses incurred in the performance of their duties. The reimbursement shall
be subject to the provisions of ORS 292.210 to 292.288. Members of the advisory
council who are employed in full-time public service may be reimbursed by their
employing agencies for their actual and necessary expenses incurred in the
performance of their duties.
NOTE: Deletes
outdated provisions in (1) lead-in.
SECTION 43. ORS 151.211 is amended to read:
151.211. For purposes of
ORS 151.211 to 151.221:
(1) “Bar member” means
an individual who is an active member of the Oregon State Bar.
(2) “Chief Justice”
means the Chief Justice of the [
(3) “Commission” means
the Public Defense Services Commission.
(4) “Director” means the
public defense services executive director appointed under ORS 151.216.
(5) “Office of public
defense services” means the office established by the commission under the
director to handle the cases assigned and to carry out the administrative
policies and procedures for the public defense system.
NOTE: Corrects
official title in (2).
SECTION 44. ORS 153.005 is amended to read:
153.005. As used in this
chapter:
(1) “Enforcement officer”
means:
(a) A member of the
Oregon State Police.
(b) A sheriff or deputy
sheriff.
(c) A city marshal or a
member of the police of a city, municipal or quasi-municipal
corporation.
(d) An investigator of a
district attorney’s office if the investigator is or has been certified as a
peace officer in this or any other state.
(e) An investigator of
the Criminal Justice Division of the Department of Justice of the State of
(f) Any other person
specifically authorized by law to issue citations for the commission of
violations.
(2) “Traffic offense”
has the meaning given that term in ORS 801.555.
[(2)] (3) “Violation” means an offense described in ORS
153.008.
[(3)] (4) “Violation proceeding” means a judicial proceeding
initiated by issuance of a citation that charges a person with commission of a
violation.
[(4) “Traffic offense” has the meaning given that term in ORS 801.555.]
NOTE:
Alphabetizes definitions.
SECTION 45. ORS 163.275 is amended to read:
163.275. (1) A person
commits the crime of coercion when the person compels or induces another person
to engage in conduct from which the other person has a legal right to abstain,
or to abstain from engaging in conduct in which the other person has a legal
right to engage, by means of instilling in the other person a fear that, if the
other person refrains from the conduct compelled or induced or engages in
conduct contrary to the compulsion or inducement, the actor or another will:
(a) Unlawfully cause
physical injury to some person; [or]
(b) Unlawfully cause
damage to property; [or]
(c) Engage in conduct
constituting a crime; [or]
(d) Falsely accuse some
person of a crime or cause criminal charges to be instituted against the
person; [or]
(e) Cause or continue a
strike, boycott or other collective action injurious to some person’s business,
except that such a threat [shall not be]
is not deemed coercive when the act or omission compelled is for the
benefit of the group in whose interest the actor purports to act; [or]
(f) Testify falsely or
provide false information or withhold testimony or information with respect to
another’s legal claim or defense; or
(g) Unlawfully use or
abuse the person’s position as a public servant by performing some act within
or related to official duties, or by failing or refusing to perform an official
duty, in such manner as to affect some person adversely.
(2) Coercion is a Class
C felony.
NOTE: Removes
superfluous conjunctions in (1); updates word choice in (1)(e).
SECTION 46. ORS 163.730 is amended to read:
163.730. As used in ORS
30.866 and 163.730 to 163.750, unless the context requires otherwise:
(1) “Alarm” means to
cause apprehension or fear resulting from the perception of danger.
(2) “Coerce” means to
restrain, compel or dominate by force or threat.
(3) “Contact” includes
but is not limited to:
(a) Coming into the
visual or physical presence of the other person;
(b) Following the other
person;
(c) Waiting outside the
home, property, place of work or school of the other person or of a member of
that person’s family or household;
(d) Sending or making
written or electronic communications in any form to the other person;
(e) Speaking with the
other person by any means;
(f) Communicating with
the other person through a third person;
(g) Committing a crime
against the other person;
(h) Communicating with a
third person who has some relationship to the other person with the intent of
affecting the third person’s relationship with the other person;
(i) Communicating with
business entities with the intent of affecting some right or interest of the
other person;
(j) Damaging the other
person’s home, property, place of work or school; or
(k) Delivering directly
or through a third person any object to the home, property, place of work or
school of the other person.
(4) “Household member”
means any person residing in the same residence as the victim.
(5) “Immediate family”
means father, mother, child, sibling, [parent,]
spouse, grandparent, stepparent and stepchild.
(6) “Law enforcement
officer” means any person employed in this state as a police officer by a
county sheriff, constable, marshal or municipal or state police agency.
(7) “Repeated” means two
or more times.
(8) “School” means a
public or private institution of learning or a child care facility.
NOTE: Eliminates
duplicative reference in (5).
SECTION 47. ORS 164.015 is amended to read:
164.015. A person
commits theft when, with intent to deprive another of property or to
appropriate property to the person or to a third person, the person:
(1) Takes, appropriates,
obtains or withholds such property from an owner thereof; [or]
(2) Commits theft of
property lost, mislaid or delivered by mistake as provided in ORS 164.065; [or]
(3) Commits theft by
extortion as provided in ORS 164.075; [or]
(4) Commits theft by
deception as provided in ORS 164.085; or
(5) Commits theft by
receiving as provided in ORS 164.095.
NOTE: Removes
superfluous conjunctions.
SECTION 48. ORS 164.075 is amended to read:
164.075. (1) A person
commits theft by extortion when the person compels or induces another to
deliver property to the person or to a third person by instilling in the other a
fear that, if the property is not so delivered, the actor or a third person
will in the future:
(a) Cause physical
injury to some person; [or]
(b) Cause damage to
property; [or]
(c) Engage in other
conduct constituting a crime; [or]
(d) Accuse some person
of a crime or cause criminal charges to be instituted against the person; [or]
(e) Expose a secret or
publicize an asserted fact, whether true or false, tending to subject some
person to hatred, contempt or ridicule; [or]
(f) Cause or continue a
strike, boycott or other collective action injurious to some person’s business,[;] except that such conduct [shall not be] is not considered
extortion when the property is demanded or received for the benefit of the
group in whose interest the actor purports to act; [or]
(g) Testify or provide
information or withhold testimony or information with respect to another’s
legal claim or defense; [or]
(h) Use or abuse the
position as a public servant by performing some act within or related to
official duties, or by failing or refusing to perform an official duty, in such
manner as to affect some person adversely; or
(i) Inflict any other
harm that would not benefit the actor.
(2) Theft by extortion
is a Class B felony.
NOTE: Removes
superfluous conjunctions in (1); updates word choice and punctuation in (1)(f).
SECTION 49. ORS 164.085 is amended to read:
164.085. (1) A person,
who obtains property of another thereby, commits theft by deception when, with
intent to defraud, the person:
(a) Creates or confirms
another’s false impression of law, value, intention or other state of mind [which] that the actor does not
believe to be true; [or]
(b) Fails to correct a
false impression [which] that
the person previously created or confirmed; [or]
(c) Prevents another
from acquiring information pertinent to the disposition of the property
involved; [or]
(d) Sells or otherwise
transfers or encumbers property, failing to disclose a lien, adverse claim or
other legal impediment to the enjoyment of the property, whether such
impediment is or is not valid, or is or is not a matter of official record; or
(e) Promises performance
[which] that the person does
not intend to perform or knows will not be performed.
(2) “Deception” does not
include falsity as to matters having no pecuniary significance, or
representations unlikely to deceive ordinary persons in the group addressed.
For purposes of this subsection, the theft of a companion animal, as defined in
ORS 164.055, or a captive wild animal is a matter
having pecuniary significance.
(3) In a prosecution for
theft by deception, the defendant’s intention or belief that a promise
would not be performed [shall] may
not be established by or inferred from the fact alone that such promise was not
performed.
(4) In a prosecution for
theft by deception committed by means of a bad check, it is prima facie
evidence of knowledge that the check or order would not be honored if:
(a) The drawer has no
account with the drawee at the time the check or order is drawn or uttered; or
(b) Payment is refused
by the drawee for lack of funds, upon presentation within 30 days after the
date of utterance, and the drawer fails to make good within 10 days after
receiving notice of refusal.
NOTE: Removes
superfluous conjunctions and corrects word choice in (1); inserts comma to
improve readability and updates word choice in (3).
SECTION 50. ORS 164.135 is amended to read:
164.135. (1) A person
commits the crime of unauthorized use of a vehicle when:
(a) The person takes,
operates, exercises control over, rides in or otherwise uses another’s vehicle,
boat or aircraft without consent of the owner; [or]
(b) Having custody of a
vehicle, boat or aircraft pursuant to an agreement between the person or
another and the owner thereof whereby the person or another is to perform for
compensation a specific service for the owner involving the maintenance, repair
or use of such vehicle, boat or aircraft, the person intentionally uses or
operates it, without consent of the owner, for the person’s own purpose in a
manner constituting a gross deviation from the agreed purpose; or
(c) Having custody of a
vehicle, boat or aircraft pursuant to an agreement with the owner thereof
whereby such vehicle, boat or aircraft is to be returned to the owner at a
specified time, the person knowingly retains or withholds possession thereof
without consent of the owner for so lengthy a period beyond the specified time
as to render such retention or possession a gross deviation from the agreement.
(2) Unauthorized use of
a vehicle, boat or aircraft is a Class C felony.
(3) Subsection (1)(a) of
this section does not apply to a person who rides in or otherwise uses a public
transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by
an authorized operator within the scope of the operator’s employment.
NOTE: Removes
superfluous conjunction in (1).
SECTION 51. ORS 164.415 is amended to read:
164.415. (1) A person
commits the crime of robbery in the first degree if the person violates ORS
164.395 and the person:
(a) Is armed with a
deadly weapon; [or]
(b) Uses or attempts to
use a dangerous weapon; or
(c) Causes or attempts
to cause serious physical injury to any person.
(2) Robbery in the first
degree is a Class A felony.
NOTE: Removes
superfluous conjunction in (1).
SECTION 52. ORS 164.805 is amended to read:
164.805. (1) A person
commits the crime of offensive littering if the person creates an objectionable
stench or degrades the beauty or appearance of property or detracts from the
natural cleanliness or safety of property by intentionally:
(a) Discarding or
depositing any rubbish, trash, garbage, debris or other refuse upon the land of
another without permission of the owner, or upon any public way or in or upon
any public transportation facility; [or]
(b) Draining, or causing
or permitting to be drained, sewage or the drainage from a cesspool, septic
tank, recreational or camping vehicle waste holding tank or other contaminated
source, upon the land of another without permission of the owner, or upon any
public way; or
(c) Permitting any
rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle [which] that the person is operating[; except
that]. This subsection [shall]
does not apply to a person operating a vehicle transporting passengers for
hire subject to regulation by the Interstate Commerce Commission or the
Department of Transportation or a person operating a school bus described under
ORS 801.460.
(2) As used in this section[,]:
(a) “Public
transportation facility” has the meaning given that term in ORS 164.365.
(b) “Public way” includes, but is not limited
to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational
facilities operated by the state, a county or a local municipality for use by
the general public.
[(3) As used in this section, “public transportation facility” has the
meaning provided for in ORS 164.365.]
[(4)] (3) Offensive littering is a Class C misdemeanor.
NOTE: Removes
superfluous conjunction in (1); updates punctuation and word choice in (1)(c); restructures definitions to conform to legislative
style.
SECTION 53. ORS 169.166 is amended to read:
169.166. Notwithstanding
ORS 169.140 and 169.150 and except as otherwise provided in ORS 414.805 and
414.807:
(1) An individual who receives
medical services not provided by the county or city while in the custody of a
local correctional facility or juvenile detention facility is liable:
(a) To the provider of
the medical services not provided by the county or city for the charges and expenses
therefor; and
(b) To the keeper of the
local correctional facility for any charges or expenses paid by the keeper of
the facility for the medical services not provided by the county or city.
(2) A person providing
medical services not provided by the county or city to an individual described
in subsection (1)(a) of this section shall first make reasonable efforts to
collect the charges and expenses thereof from the individual before seeking to
collect them from the keeper of the local correctional facility.
(3)(a) Except as
otherwise provided in subsection (4) of this section, if the provider has not
been paid within 45 days of the date of the billing, the provider may bill the
keeper of the local correctional facility who shall pay the account in
accordance with ORS 169.140 and 169.150.
(b) A bill submitted to
the keeper of a local correctional facility under this subsection must be
accompanied by evidence documenting that:
(A) The provider has
billed the individual or the individual’s insurer or health care service
contractor for the charges or expenses owed to the provider; and
(B) The provider has
made a reasonable effort to collect from the individual or the individual’s
insurer or health care service contractor the charges and expenses owed
to the provider.
(c) If the provider
receives payment from the individual or the insurer or health care service
contractor after receiving payment from the keeper of the facility, the
provider shall repay the keeper the amount received from the keeper less any
difference between payment received from the individual, insurer or contractor
and the amount of the billing.
(4) Except as otherwise
provided by ORS 30.260 to 30.300 and federal civil rights laws, upon release of
the individual from the actual physical custody of the local correctional
facility, the keeper of the local correctional facility is not liable for the
payment of charges and expenses for medical services provided to the
individual.
NOTE:
Standardizes terminology in (3)(b) and (c).
SECTION 54. ORS 181.010 is amended to read:
181.010. As used in ORS
181.010 to 181.560 and 181.715 to 181.730, unless the context requires
otherwise:
(1) “Bureau” means the
Department of State Police [Bureau of
Criminal Identification] bureau of criminal identification.
(2) “Criminal justice
agency” means:
(a) The Governor;
(b) Courts of criminal
jurisdiction;
(c) The Attorney
General;
(d) District attorneys,
city attorneys with criminal prosecutive functions, attorney employees of the
office of public defense services and nonprofit public defender organizations
established under contract with the Public Defense Services Commission;
(e) Law enforcement
agencies;
(f) The Department of
Corrections;
(g) The State Board of
Parole and Post-Prison Supervision;
(h) The Department of
Public Safety Standards and Training; and
(i) Any other state or
local agency with law enforcement authority designated by order of the
Governor.
(3) “Criminal offender
information” includes records and related data as to physical description and
vital statistics, fingerprints received and compiled by the bureau for purposes
of identifying criminal offenders and alleged offenders, records of arrests and
the nature and disposition of criminal charges, including sentencing, confinement,
parole and release.
(4) “Department” means
the Department of State Police established under ORS 181.020.
(5) “Deputy superintendent” means the Deputy Superintendent of State
Police.
(6) “Designated agency”
means any state, county or municipal government agency where Oregon criminal
offender information is required to implement a federal or state statute,
executive order or administrative rule that expressly refers to criminal
conduct and contains requirements or exclusions expressly based on such conduct
or for agency employment purposes, licensing purposes or other demonstrated and
legitimate needs when designated by order of the Governor.
(7) “Disposition report”
means a form or process prescribed or furnished by the bureau, containing a
description of the ultimate action taken subsequent to an arrest.
(8) “Law enforcement
agency” means county sheriffs, municipal police departments, State Police,
other police officers of this state and other states and law enforcement
agencies of the federal government.
(9) “State Police” means the members of the state police force appointed under
ORS 181.250.
(10) “Superintendent”
means the Superintendent of State Police.
NOTE: Corrects
identification in (1) of bureau within Department of State Police with generic
terminology used in 181.066 establishing bureau; corrects grammar in (8).
SECTION 55. ORS 181.511 is amended to read:
181.511. (1) A law enforcement agency immediately upon the arrest of a
person for a crime for which criminal offender information must be provided
under ORS 181.515 shall:
(a) Place the arrested
person’s fingerprints and identifying data on forms prescribed or furnished by
the Department of State Police [Bureau of
Criminal Identification] bureau of criminal identification,
photograph the arrested person[,] and
promptly transmit the form and photograph to the bureau.
(b) If the arrest is
disposed of by the arresting agency, cause the disposition report to be
completed and promptly transmitted to the bureau.
(c) If the arrest is not
disposed of by the agency, cause the disposition report to be forwarded, except
as otherwise provided in section 3, chapter 553, Oregon Laws 1987, to the court
that will dispose of the charge, for further action in accordance with ORS
181.521.
(2) A law enforcement
agency may record, in addition to fingerprints, the palm prints, sole prints,
toe prints[,]
or other personal identifiers when, in the discretion of the agency, it is
necessary to effect identification of the persons or to the investigation of the
crime charged.
(3) A law enforcement
agency, for the purpose of identification, may record and submit to the bureau
the fingerprints of persons arrested for crimes for which criminal offender
information is not required under ORS 181.515.
NOTE: Corrects
identification in (1)(a) of bureau within Department
of State Police with generic terminology used in 181.066 establishing bureau;
strikes serial commas in (1)(a) and (2).
SECTION 56. ORS 181.521 is amended to read:
181.521. When a court
receives a disposition report from a law enforcement agency pursuant to ORS
181.511, the court shall transmit disposition information to the Department of
State Police [Bureau of Criminal
Identification] bureau of criminal identification in a manner and
format determined by the State Court Administrator after consultation with the
bureau.
NOTE: Corrects
identification of bureau within Department of State Police with generic
terminology used in 181.066 establishing bureau.
SECTION 57. ORS 181.530 is amended to read:
181.530. (1) The
superintendent of any institution of this state shall notify the Department of
State Police [Bureau of Criminal
Identification] bureau of criminal identification prior to the
release or immediately after the escape from [such] the institution[,] of any person committed to [such] the institution[,] for a crime for which a report is
required or under civil commitment as a sexually dangerous person. The notice
shall state the name of the person to be released or who has escaped, the
county in which the person was convicted or from which the person was committed
and, if known, the address or locality at which the person will reside.
(2) Promptly upon
receipt of the notice required by subsection (1) of this section, the bureau
shall notify all law enforcement agencies in the county in which the person was
convicted or from which the person was committed and in the county, if known,
in which the person will reside.
NOTE: Corrects
identification in (1) of bureau within Department of State Police with generic
terminology used in 181.066 establishing bureau; updates word choice and comma
use in (1).
SECTION 58. ORS 182.451 is repealed.
NOTE:
Consolidates lists of semi-independent state agencies. See amendments to
182.454 in section 59.
SECTION 59. ORS 182.454 is amended to read:
182.454. The following
semi-independent state agencies are subject to ORS 182.456 to 182.472:
(1) The Appraiser
Certification and Licensure Board.
(2) The State Board of
Architect Examiners.
(3) The State Board of
Examiners for Engineering and Land Surveying.
(4) The State Board of
Geologist Examiners.
(5) The State Landscape
Architect Board.
(6) The
(7) The
(8) The
(9) The State Board
of Massage Therapists.
(10) The Physical
Therapist Licensing Board.
(11) The State Landscape
Contractors Board.
NOTE:
Consolidates lists of semi-independent state agencies. See repeal of 182.451 in
section 58.
SECTION 60. ORS 182.456 is amended to read:
182.456. As used in ORS
182.456 to 182.472:
(1) “Board” means a [board established as a] semi-independent
state agency [under ORS 182.451 or a
board or commission] listed [under]
in ORS 182.454.
(2) “License” includes
licenses, registrations, certifications, permits or other forms of permission
required by law to pursue an occupation or engage in a business regulated by a
board.
NOTE: Deletes
reference to repealed statute in (1). See section 58.
SECTION 61. ORS 182.460 is amended to read:
182.460. (1) Except as
otherwise provided by law, the provisions of ORS chapters 240, 276, [279,] 279A, 279B, 279C, 282, 283, 291,
292 and 293 do not apply to a board. A board is subject to all other statutes
governing a state agency that do not conflict with ORS 182.456 to 182.472,
including the tort liability provisions of ORS 30.260 to 30.300 and the
provisions of ORS chapter 183, and a board’s employees are included within the
Public Employees Retirement System.
(2) Notwithstanding
subsection (1) of this section, the following provisions shall apply to a
board:
(a) ORS 240.309 (1) to
(6) and 240.321;
[(b) ORS 279.835 to 279.855;]
[(c)] (b) ORS 279A.250 to 279A.290;
[(d)] (c) ORS 282.210 to 282.230;
and
[(e)] (d) ORS 293.240.
(3) In carrying out the
duties, functions and powers of a board, the board may contract with any state
agency for the performance of duties, functions and powers as the board
considers appropriate. A state agency [shall]
may not charge a board an amount that exceeds the actual cost of those
services. ORS 182.456 to 182.472 do not require an agency to provide services
to a board other than pursuant to a voluntary interagency agreement or
contract.
(4) A board shall adopt
personnel policies and contracting and purchasing procedures. The Oregon
Department of Administrative Services shall review those policies and
procedures for compliance with applicable state and federal laws and collective
bargaining contracts.
(5) Except as otherwise
provided by law, directors and employees of a board are eligible to receive the
same benefits as state employees and are entitled to retain their State of
Oregon hire dates, transfer rights and job bidding rights, all without loss of
seniority, and to the direct transfer of all accumulated state agency leaves.
NOTE: Removes
chapter reference in (1) rendered obsolete by restructuring of public
contracting law (see chapter 794, Oregon Laws 2003); removes corresponding
series reference in (2); corrects word choice in (3).
SECTION 62. ORS 190.520 is amended to read:
190.520. (1) The State
Board of Higher Education shall:
(a) Annually estimate
the population as of July 1 of each city and county within
the state and no later than December 15 of each year prepare a
certificate of population showing the board’s estimate of the population of
each city and county within the state as of July 1. The board’s estimate may be
based upon statistical or other pertinent data or upon an actual count. The
certificate shall also indicate the results of any enumeration of cities or
annexed areas made after July 1.
(b) Annually estimate
the number of persons between the ages of 4 and 20 who resided in each county
as of October 25. The board shall certify such estimate to the Superintendent
of Public Instruction and to the executive officer of the administrative office
of each county, as defined in ORS 328.001, by January 1 of each year.
(c) Upon an official
request from a city, county, political subdivision, public corporation or state
agency, cause to be conducted at the expense of the
requesting party an actual count of the population of the area specified in the
request and prepare a certificate of population based upon such count.
(d) Upon the
incorporation of a city, cause to be conducted at the expense of the city an actual
count of the population of the city. The board shall prepare a certificate of
population based upon such count. If the election of officers of the newly
incorporated city is held 40 days or more before the end of the calendar
quarter, the certificate shall be prepared before the end of the calendar
quarter. If the election is held less than 40 days before the end of the
calendar quarter, the certificate shall be prepared before the end of the
calendar quarter next following the election.
(2) All certificates
prepared under this section shall be filed with the [Center for Population Research and Census] Portland State
University Population Research Center.
NOTE: Corrects
name of center in (2).
SECTION 63. ORS 196.810 is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted under ORS
196.600 to 196.905, no person or governmental body may remove any material from
the beds or banks or fill any waters of this state without a permit issued
under authority of the Director of the Department of State Lands, or in a
manner contrary to the conditions set out in the permit, or in a manner
contrary to the conditions set out in an order approving a [wetlands] wetland conservation
plan.
(b) Notwithstanding the
permit requirements of this section and notwithstanding the provisions of ORS
196.800 (5) and (13), if any removal or fill activity is proposed in essential
indigenous anadromous salmonid habitat, except for those activities customarily
associated with agriculture, a permit is required. “Essential indigenous
anadromous salmonid habitat” as defined under this section shall be further
defined and designated by rule by the Department of State Lands in consultation
with the State Department of Fish and Wildlife and in consultation with other
affected parties.
(c) No person may be
required to obtain a permit under paragraph (b) of this subsection for
prospecting or other nonmotorized activities resulting in the removal from or
fill of less than one cubic yard of material at any one individual site and,
cumulatively, not more than five cubic yards of material within a designated
essential indigenous anadromous salmonid habitat segment in a single year.
Prospecting or other nonmotorized activities may be conducted only within the
bed or wet perimeter of the waterway and may not occur at any site where fish
eggs are present. Removal or filling activities customarily associated with
mining require a permit under paragraph (b) of this subsection.
(d) No permit may be
required under paragraph (b) of this subsection for construction or maintenance
of fish passage and fish screening structures that are constructed, operated or
maintained under ORS 498.311, 498.316, 498.326 or 509.600 to 509.645.
(e) Nothing in this
section limits or otherwise changes the exemptions under ORS 196.905.
(f) As used in
paragraphs (b) and (c) of this subsection:
(A) “Bed” means the land
within the wet perimeter and any adjacent nonvegetated dry gravel bar.
(B) “Essential
indigenous anadromous salmonid habitat” means the habitat that is necessary to
prevent the depletion of indigenous anadromous salmonid species during their
life history stages of spawning and rearing.
(C) “Indigenous
anadromous salmonid” means chum, sockeye, Chinook and Coho salmon, and
steelhead and cutthroat trout, that are members of the family Salmonidae and
are listed as sensitive, threatened or endangered by a state or federal
authority.
(D) “Prospecting” means
searching or exploring for samples of gold, silver or other precious minerals,
using nonmotorized methods, from among small quantities of aggregate.
(E) “Wet perimeter”
means the area of the stream that is under water or is exposed as a
nonvegetated dry gravel bar island surrounded on all sides by actively moving
water at the time the activity occurs.
(2) No governmental body
may issue a lease or permit contrary or in opposition to the conditions set out
in the permit issued under ORS 196.600 to 196.905.
(3) Subsection (1) of
this section does not apply to removal of material under a contract, permit or
lease with any governmental body entered into before September 13, 1967.
However, no such contract, permit or lease may be renewed or extended on or
after September 13, 1967, unless the person removing the material has obtained
a permit under ORS 196.600 to 196.905.
(4) Notwithstanding
subsection (1) of this section, the Department of State Lands may issue, orally
or in writing, an emergency authorization for the removal of material from the
beds or banks or filling of any waters of this state in an emergency, for the
purpose of making repairs or for the purpose of preventing irreparable harm,
injury or damage to persons or property. The emergency authorization issued
under this subsection:
(a) Shall contain
conditions of operation that the department determines are necessary to
minimize impacts to water resources or adjoining properties.
(b) Shall be based,
whenever practicable, on the recommendations contained in an on-site evaluation
by an employee or representative of the department.
(c) If issued orally,
shall be confirmed in writing by the department within five days.
NOTE:
Standardizes terminology in (1)(a) to correspond with
definition in 196.800.
SECTION 64. ORS 196.810, as amended by section 2, chapter
516, Oregon Laws 2001, and section 97, chapter 14, Oregon Laws 2003, is amended
to read:
196.810. (1)(a) Except as otherwise specifically permitted under ORS
196.600 to 196.905, a person or governmental body may not remove any material
from the beds or banks or fill any waters of this state without a permit issued
under authority of the Director of the Department of State Lands, or in a
manner contrary to the conditions set out in the permit, or in a manner
contrary to the conditions set out in an order approving a [wetlands] wetland conservation
plan.
(b) A permit is not
required under paragraph (a) of this subsection for prospecting or other
nonmotorized activities resulting in the removal from or fill
of less than one cubic yard of material at any one individual site and, cumulatively,
not more than five cubic yards of material within a particular stream segment
in a single year. Prospecting or other nonmotorized activities may be conducted
only within the bed or wet perimeter of the waterway and may not occur at any
site where fish eggs are present. Removal or filling activities customarily
associated with mining require a permit under paragraph (a) of this subsection.
(c) A permit is not
required under paragraph (a) of this subsection for construction or maintenance
of fish passage and fish screening structures associated with irrigation
ditches or the maintenance of drainage ditches that are constructed, operated
or maintained under ORS 498.311, 498.316, 498.326 or 509.600 to 509.645.
(d) Nothing in this
section limits or otherwise changes the exemptions under ORS 196.905.
(2) A governmental body
may not issue a lease or permit contrary or in opposition to the conditions set
out in the permit issued under ORS 196.600 to 196.905.
(3) Subsection (1) of
this section does not apply to removal of material under a contract, permit or
lease with any governmental body entered into before September 13, 1967.
However, a contract, permit or lease may not be renewed or extended on or after
September 13, 1967, unless the person removing the material has obtained a
permit under ORS 196.600 to 196.905.
(4) Notwithstanding
subsection (1) of this section, the Department of State Lands may issue, orally
or in writing, an emergency authorization for the removal of material from the
beds or banks or filling of any waters of this state in an emergency, for the
purpose of making repairs or for the purpose of preventing irreparable harm,
injury or damage to persons or property. The emergency authorization issued
under this subsection:
(a) Shall contain
conditions of operation that the department determines are necessary to
minimize impacts to water resources or adjoining properties.
(b) Shall be based,
whenever practicable, on the recommendations contained in an on-site evaluation
by an employee or representative of the department.
(c) If issued orally,
shall be confirmed in writing by the department within five days.
(5) As used in this
section:
(a) “Bed” means the land
within the wet perimeter and any adjacent nonvegetated dry gravel bar.
(b) “Prospecting” means
searching or exploring for samples of gold, silver or other precious minerals,
using nonmotorized methods, from among small quantities of aggregate.
(c) “Wet perimeter”
means the area of the stream that is under water or is exposed as a nonvegetated
dry gravel bar island surrounded on all sides by actively moving water at the
time the activity occurs.
NOTE:
Standardizes terminology in (1)(a) to correspond with
definition in 196.800.
SECTION 65. ORS 196.855 is amended to read:
196.855. The removal of
material from the beds or banks or filling any of the waters of this state
without a permit issued under ORS 196.825, or in a manner contrary to the
conditions set out in the permit, or in a manner contrary to the conditions set
out in an order approving a [wetlands]
wetland conservation plan, is a public nuisance.
NOTE:
Standardizes terminology to correspond with definition in 196.800.
SECTION 66. ORS 196.860 is amended to read:
196.860. (1) If the
Director of the Department of State Lands determines that material is being
removed from or filling is occurring in any of the waters of this state without
a permit issued under ORS 196.825, or in a manner contrary to the conditions
set out in the permit, or in a manner contrary to the conditions set out in an
order approving a [wetlands] wetland
conservation plan, the director may:
(a) Investigate, hold
hearings, make orders and take action, as provided in ORS 196.600 to 196.905,
as soon as possible.
(b) For the purpose of
investigating conditions relating to [such]
the removal or filling, through the employees or the duly authorized
representatives of the Department of State Lands, enter at reasonable times
upon any private or public property.
(c) Conduct public
hearings in accordance with ORS chapter 183.
(d) Publish findings and
recommendations as they are developed relative to public policies and
procedures necessary for the correction of conditions or violations of ORS
196.600 to 196.905.
(e) Give notice of any
proposed order relating to a violation by personal service or by mailing the
notice by registered or certified mail to the person or governmental body
affected. Any person aggrieved by a proposed order of the director may request
a hearing within 20 days of the date of personal service or mailing of the
notice. Hearings shall be conducted under the provisions of ORS chapter 183
applicable to contested cases, and judicial review of final orders shall be
conducted in the Court of Appeals according to ORS 183.482. If no hearing is requested
or if the party fails to appear, a final order shall be issued upon a prima
facie case on the record of the agency.
(f) Take appropriate
action for the enforcement of any rules or final orders. Any violation of ORS
196.600 to 196.905 or of any rule or final order of the director under ORS
196.600 to 196.905 may be enjoined in civil abatement proceedings brought in
the name of the State of Oregon.[; and] In any such proceedings the
director may seek and the court may award a sum of money sufficient to
compensate the public for any destruction or infringement of any public right
of navigation, fishery or recreation resulting from [such] the violation. Proceedings thus brought by the
director shall set forth if applicable the dates of notice and hearing and the
specific rule or order of the director, together with the facts of
noncompliance, the facts giving rise to the public nuisance, and a statement of
the damages to any public right of navigation, fishery or recreation, if any,
resulting from [such] the
violation.
(2)(a) In
addition to the administrative action the director may take under subsection
(1) of this section, the director may enter an order requiring any person to
cease and desist from any violation if the director determines that [such] the violation presents an
imminent and substantial risk of injury, loss or damage to water resources.
[(a)] (b) An order under this
subsection:
(A) May be entered
without prior notice or hearing.
(B) Shall be served upon
the person by personal service or by registered or certified mail.
(C) Shall state that a
hearing will be held on the order if a written request for hearing is filed by
the person subject to the order within 10 days after receipt of the order.
(D) [Shall] May not be stayed during
the pendency of a hearing conducted under paragraph [(b)] (c) of this subsection.
[(b)] (c) If a person subject to an order under this
subsection files a timely demand for hearing, the
director shall hold a contested case hearing according to the applicable provisions
of ORS chapter 183. If the person fails to request a hearing, the order shall
be entered as a final order upon prima facie case made on the record of the
agency.
[(c)] (d) Neither the director nor any duly authorized
representative of the department shall be liable for any damages a person may
sustain as a result of a cease and desist order issued under this subsection.
[(d)] (e) The state and local police shall cooperate in the
enforcement of any order issued under this subsection and shall require no
further authority or warrant in executing or enforcing [such] the order. If any person fails to comply with an order
issued under this subsection, the circuit court of the county in which the
violation occurred or is threatened shall compel compliance with the director’s
order in the same manner as with an order of that court.
(3) As used in this
section, “violation” means removing material from or placing fill in[,] any of the
waters of this state without a permit or in a manner contrary to the conditions
set out in a permit issued under ORS 196.825.
NOTE:
Standardizes terminology in (1) lead-in to correspond with definition in
196.800; updates word and punctuation choice in (1)(b)
and (f), (2)(a), (b)(D) and (e) and (3); restructures (2) to conform to
legislative style.
SECTION 67. ORS 197.646 is amended to read:
197.646. (1) A local
government shall amend its acknowledged comprehensive plan, regional framework
plan and land use regulations implementing either plan by a self-initiated
post-acknowledgment process under ORS 197.610 to 197.625 to comply with:
(a) A new statutory
requirement; or
(b) A new land use
planning goal or rule requirement adopted by the Land Conservation and
Development Commission.
(2) Periodic review is
not the implementation process for new statutory, land use planning goal or
rule requirements.
(3)(a) The Department of
Land Conservation and Development shall notify local governments when a new
statutory requirement or a new land use planning goal or rule requirement adopted
by the commission requires changes to an acknowledged comprehensive plan, a
regional framework plan and land use regulations implementing either plan.
(b) The commission shall
establish, by rule, the time period within which an acknowledged comprehensive
plan, a regional framework plan and land use regulations implementing
either plan must be in compliance with:
(A) A new statutory
requirement, if the legislation does not specify a time period for compliance;
and
(B) A new land use
planning goal or rule requirement adopted by the commission.
(4) When a local
government does not adopt amendments to a comprehensive plan, a regional
framework plan and land use regulations implementing either plan as required by
subsection (1) of this section, the new statutory, land use planning goal or
rule requirements apply directly to the local government’s land use decisions.
The failure to adopt amendments to a comprehensive plan, a regional
framework plan and land use regulations implementing either plan required by
subsection (1) of this section is a basis for initiation of enforcement action
pursuant to ORS 197.319 to 197.335.
NOTE: Supplies
missing articles in (3) and (4).
SECTION 68. ORS 197.732 is amended to read:
197.732. (1) As used in this section:
(a) “Compatible” is not
intended as an absolute term meaning no interference or adverse impacts of any
type with adjacent uses.
(b) “Exception” means a
comprehensive plan provision, including an amendment to an acknowledged
comprehensive plan, that:
(A) Is
applicable to specific properties or situations and does not establish a
planning or zoning policy of general applicability;
(B) Does not comply with
some or all goal requirements applicable to the subject properties or
situations; and
(C) Complies with
standards under subsection (2) of this section.
[(1)] (2) A local government may adopt an exception to a goal
if:
(a) The land subject to
the exception is physically developed to the extent that it is no longer
available for uses allowed by the applicable goal;
(b) The land subject to
the exception is irrevocably committed as described by Land Conservation and
Development Commission rule to uses not allowed by the applicable goal because
existing adjacent uses and other relevant factors make uses allowed by the
applicable goal impracticable; or
(c) The following
standards are met:
(A) Reasons justify why
the state policy embodied in the applicable goals should not apply;
(B) Areas [which] that do not require a new
exception cannot reasonably accommodate the use;
(C) The long term
environmental, economic, social and energy consequences resulting from the use
at the proposed site with measures designed to reduce adverse impacts are not
significantly more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the proposed site;
and
(D) The proposed uses
are compatible with other adjacent uses or will be so rendered through measures
designed to reduce adverse impacts.
[(2) “Compatible,” as used in subsection (1)(c)
of this section, is not intended as an absolute term meaning no interference or
adverse impacts of any type with adjacent uses.]
(3) The commission shall
adopt rules establishing:
(a) That an exception
may be adopted to allow a use authorized by a statewide planning goal that
cannot comply with the approval standards for that type of use;
(b) Under what
circumstances particular reasons may or may not be used to justify an exception
under subsection [(1)(c)(A)]
(2)(c)(A) of this section; and
(c) Which uses allowed
by the applicable goal must be found impracticable under subsection [(1)] (2) of this section.
(4) A local government
approving or denying a proposed exception shall set forth findings of fact and
a statement of reasons [which]
that demonstrate that the standards of subsection [(1)] (2) of this section have or have not been met.
(5) Each notice of a
public hearing on a proposed exception shall specifically note that a goal
exception is proposed and shall summarize the issues in an understandable
manner.
(6) Upon review of a
decision approving or denying an exception:
(a) The [board] Land Use Board of Appeals
or the commission shall be bound by any finding of fact for which there is
substantial evidence in the record of the local government proceedings
resulting in approval or denial of the exception;
(b) The board upon
petition, or the commission, shall determine whether the local government’s
findings and reasons demonstrate that the standards of subsection [(1)] (2) of this section have or
have not been met; and
(c) The board or
commission shall adopt a clear statement of reasons [which] that sets forth the basis for the determination that
the standards of subsection [(1)] (2)
of this section have or have not been met.
(7) The commission shall
by rule establish the standards required to justify an exception to the
definition of “needed housing” authorized by ORS 197.303 (3).
[(8) As used in this section, “exception” means a comprehensive plan
provision, including an amendment to an acknowledged comprehensive plan, that:]
[(a) Is applicable to specific properties or
situations and does not establish a planning or zoning policy of general
applicability;]
[(b) Does not comply with some or all goal requirements applicable to
the subject properties or situations; and]
[(c) Complies with standards under subsection
(1) of this section.]
[(9)] (8) An exception acknowledged
under ORS 197.251, 197.625 or 197.630 (1) (1981 Replacement Part) on or before
August 9, 1983, continues to be valid and is not [be] subject to this section.
NOTE: Moves
definitions to conform with legislative style; adjusts internal references to
reflect restructuring; corrects word choice in (2)(c)(B),
(4) and (6)(c); sets forth official title in (6)(a); corrects syntax in (8).
SECTION 69. ORS 198.360 is amended to read:
198.360. (1) After the
hearing, if the county board finds that the district is in fact operating as an
active district, or that there is need for the district, the board shall continue
the hearing until the reports required under ORS 294.555 and 297.405 to 297.555
are properly filed. When the county board finds that the reports have been
filed, it may:
(a) Enter an order
terminating all further proceedings under ORS 198.345 to 198.365; or
(b) If the functions of
the district could be performed by a county service district, [it may] continue the hearing and
initiate proceedings to incorporate or annex the area within the district in a
county service district organized under ORS 451.410 to 451.610.
(2) If the county board
proceeds as provided by subsection (1)(b) of this
section and the district is terminated as provided by ORS 451.577, the county
board shall thereafter enter an order terminating all further proceedings under
ORS 198.345 to 198.365.
NOTE: Corrects
read-in problem in (1)(b).
SECTION 70. ORS 209.200 is amended to read:
209.200. In the resurvey
of lands surveyed under the authority of the
(1) Section and
quarter-section corners, and all other corners established and approved by the
General Land Office or its successors, must stand as the legal and permanent
corners.
(2) [They] A
legal and permanent corner must be reestablished at the identical spot
where the original corner was located by the government survey, when [this] the identical spot can be
determined.
(3) When [this cannot be done, then such corners] the
identical spot cannot be determined, the legal and permanent corner must be
reestablished with reference to the current United States Manual of Surveying
Instructions.
NOTE: Clarifies
pronouns in (2) and (3).
SECTION 71. ORS 215.213 is amended to read:
215.213. (1) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be established in any
area zoned for exclusive farm use:
(a) Public or private
schools, including all buildings essential to the operation of a school.
(b) Churches and
cemeteries in conjunction with churches.
(c) The propagation or
harvesting of a forest product.
(d) Utility facilities
necessary for public service, including wetland waste treatment systems but not
including commercial facilities for the purpose of generating electrical power
for public use by sale or transmission towers over 200 feet in height. A
utility facility necessary for public service may be established as provided in
ORS 215.275.
(e) A dwelling on real
property used for farm use if the dwelling is occupied by a relative of the
farm operator or the farm operator’s spouse, which means a child, parent,
stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator does or will
require the assistance of the relative in the management of the farm use and
the dwelling is located on the same lot or parcel as the dwelling of the farm
operator. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling described in
this paragraph obtains construction financing or other financing secured by the
dwelling and the secured party forecloses on the dwelling, the secured party
may also foreclose on the homesite, as defined in ORS 308A.250, and the
foreclosure shall operate as a partition of the homesite to create a new
parcel.
(f) Nonresidential
buildings customarily provided in conjunction with farm use.
(g) Primary or accessory
dwellings customarily provided in conjunction with farm use. For a primary
dwelling, the dwelling must be on a lot or parcel that is managed as part of a
farm operation and is not smaller than the minimum lot size in a farm zone with
a minimum lot size acknowledged under ORS 197.251.
(h) Operations for the
exploration for and production of geothermal resources as defined by ORS
522.005 and oil and gas as defined by ORS 520.005, including the placement and
operation of compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS
197.732 [(1)(a)
or (b)] (2)(a) or (b).
(i) Operations for the
exploration for minerals as defined by ORS 517.750. Any activities or
construction relating to such operations shall not be a basis for an exception
under ORS 197.732 [(1)(a)
or (b)] (2)(a) or (b).
(j) A site for the
disposal of solid waste that has been ordered to be established by the
Environmental Quality Commission under ORS 459.049, together with equipment,
facilities or buildings necessary for its operation.
(k) One manufactured
dwelling or recreational vehicle, or the temporary residential use of an
existing building, in conjunction with an existing dwelling as a temporary use
for the term of a hardship suffered by the existing resident or a relative of
the resident. Within three months of the end of the hardship, the manufactured
dwelling or recreational vehicle shall be removed or demolished or, in the case
of an existing building, the building shall be removed, demolished or returned
to an allowed nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this paragraph. A
temporary residence approved under this paragraph is not eligible for
replacement under paragraph (t) of this subsection.
(L) The breeding,
kenneling and training of greyhounds for racing in any county with a population
of more than 200,000 in which there is located a greyhound racing track or in a
county with a population of more than 200,000 that is contiguous to such a
county.
(m) Climbing and passing
lanes within the right of way existing as of July 1, 1987.
(n) Reconstruction or
modification of public roads and highways, including the placement of utility
facilities overhead and in the subsurface of public roads and highways along
the public right of way, but not including the addition of travel lanes, where
no removal or displacement of buildings would occur, or no new land parcels
result.
(o) Temporary public
road and highway detours that will be abandoned and restored to original
condition or use at such time as no longer needed.
(p) Minor betterment of
existing public road and highway related facilities, such as maintenance yards,
weigh stations and rest areas, within right of way existing as of July 1, 1987,
and contiguous public-owned property utilized to support the operation and
maintenance of public roads and highways.
(q) A replacement
dwelling to be used in conjunction with farm use if the existing dwelling has
been listed in a county inventory as historic property as defined in ORS
358.480.
(r) Creation of,
restoration of or enhancement of wetlands.
(s) A winery, as
described in ORS 215.452.
(t) Alteration,
restoration or replacement of a lawfully established dwelling that:
(A) Has intact exterior
walls and roof structure;
(B) Has indoor plumbing
consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
(C) Has
interior wiring for interior lights;
(D) Has a heating
system; and
(E) In the case of
replacement:
(i) Is removed,
demolished or converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement dwelling may be
sited on any part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards. However, the
standards shall not be applied in a manner that prohibits the siting of the
dwelling. If the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the county where the
property is located a deed restriction prohibiting the siting of a dwelling on
that portion of the lot or parcel. The restriction imposed shall be irrevocable
unless a statement of release is placed in the deed records for the county. The
release shall be signed by the county or its designee and state that the
provisions of this paragraph regarding replacement dwellings have changed to
allow the siting of another dwelling. The county planning director or the
director’s designee shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of this
paragraph, including a copy of the deed restrictions and release statements
filed under this paragraph; and
(ii) For which the
applicant has requested a deferred replacement permit, is removed or demolished
within three months after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement dwelling at any time.
If, however, the established dwelling is not removed or demolished within three
months after the deferred replacement permit is issued, the permit becomes
void. The replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating to health and
safety or to siting at the time of construction. A deferred replacement permit
may not be transferred, by sale or otherwise, except by the applicant to the
spouse or a child of the applicant.
(u) Farm stands if:
(A) The structures are
designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the
local agricultural area, including the sale of retail incidental items and
fee-based activity to promote the sale of farm crops or livestock sold at the
farm stand if the annual sale of incidental items and fees from promotional
activity do not make up more than 25 percent of the total annual sales of the
farm stand; and
(B) The farm stand does
not include structures designed for occupancy as a residence or for activity
other than the sale of farm crops or livestock and does not include structures
for banquets, public gatherings or public entertainment.
(v) An armed forces
reserve center, if the center is within one-half mile of a community college.
For purposes of this paragraph, “armed forces reserve center” includes an
armory or National Guard support facility.
(w) A site for the
takeoff and landing of model aircraft, including such buildings or facilities
as may reasonably be necessary. Buildings or facilities shall not be more than
500 square feet in floor area or placed on a permanent foundation unless the
building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface or hard surface
area unless the surface preexisted the use approved
under this paragraph. As used in this paragraph, “model aircraft” means a
small-scale version of an airplane, glider, helicopter, dirigible or balloon
that is used or intended to be used for flight and is controlled by radio,
lines or design by a person on the ground.
(x) A facility for the
processing of farm crops located on a farm operation that provides at least
one-quarter of the farm crops processed at the facility. The building
established for the processing facility shall not exceed 10,000 square feet of
floor area exclusive of the floor area designated for preparation, storage or
other farm use or devote more than 10,000 square feet to the processing
activities within another building supporting farm uses. A processing facility
shall comply with all applicable siting standards but the standards shall not
be applied in a manner that prohibits the siting of the processing facility.
(y) Fire service
facilities providing rural fire protection services.
(z) Irrigation canals,
delivery lines and those structures and accessory operational facilities
associated with a district as defined in ORS 540.505.
(aa)
Utility facility service lines. Utility facility
service lines are utility lines and accessory facilities or structures that end
at the point where the utility service is received by the customer and that are
located on one or more of the following:
(A) A public right of
way;
(B) Land immediately
adjacent to a public right of way, provided the written consent of all adjacent
property owners has been obtained; or
(C) The property to be
served by the utility.
(bb)
Subject to the issuance of a license, permit or other approval by the
Department of Environmental Quality under ORS 454.695, 459.205, 468B.050,
468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095,
and as provided in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for agricultural,
horticultural or silvicultural production, or for irrigation in connection with
a use allowed in an exclusive farm use zone under this chapter.
(2) In counties that
have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the
following uses may be established in any area zoned for exclusive farm use
subject to ORS 215.296:
(a) A primary dwelling
in conjunction with farm use or the propagation or harvesting of a forest
product on a lot or parcel that is managed as part of a farm operation or woodlot
if the farm operation or woodlot:
(A) Consists of 20 or
more acres; and
(B) Is not smaller than
the average farm or woodlot in the county producing at least $2,500 in annual
gross income from the crops, livestock or forest products to be raised on the
farm operation or woodlot.
(b) A primary dwelling
in conjunction with farm use or the propagation or harvesting of a forest
product on a lot or parcel that is managed as part of a farm operation or
woodlot smaller than required under paragraph (a) of this subsection, if the
lot or parcel:
(A) Has produced at
least $20,000 in annual gross farm income in two consecutive calendar years out
of the three calendar years before the year in which the application for the
dwelling was made or is planted in perennials capable of producing upon harvest
an average of at least $20,000 in annual gross farm income; or
(B) Is a woodlot capable
of producing an average over the growth cycle of $20,000 in gross annual income.
(c) Commercial
activities that are in conjunction with farm use but not including the
processing of farm crops as described in subsection (1)(x) of this section.
(d) Operations conducted
for:
(A) Mining and
processing of geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, not otherwise permitted under subsection (1)(h) of this
section;
(B) Mining, crushing or
stockpiling of aggregate and other mineral and other subsurface resources
subject to ORS 215.298;
(C) Processing, as
defined by ORS 517.750, of aggregate into asphalt or portland
cement; and
(D) Processing of other
mineral resources and other subsurface resources.
(e) Community centers
owned by a governmental agency or a nonprofit community organization and
operated primarily by and for residents of the local rural community, hunting
and fishing preserves, public and private parks, playgrounds and campgrounds.
Subject to the approval of the county governing body or its designee, a private
campground may provide yurts for overnight camping. No more than one-third or a
maximum of 10 campsites, whichever is smaller, may include a yurt. The yurt
shall be located on the ground or on a wood floor with no permanent foundation.
Upon request of a county governing body, the Land Conservation and Development
Commission may provide by rule for an increase in the number of yurts allowed
on all or a portion of the campgrounds in a county if the commission determines
that the increase will comply with the standards described in ORS 215.296 (1).
A public park or campground may be established as provided under ORS 195.120.
As used in this paragraph, “yurt” means a round, domed shelter of cloth or
canvas on a collapsible frame with no plumbing, sewage disposal hookup or
internal cooking appliance.
(f) Golf courses.
(g) Commercial utility
facilities for the purpose of generating power for public use by sale.
(h) Personal-use
airports for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal-use airport as used in this
section means an airstrip restricted, except for aircraft emergencies, to use
by the owner, and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with agricultural
operations. No aircraft may be based on a personal-use airport other than those
owned or controlled by the owner of the airstrip. Exceptions to the activities
permitted under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A personal-use airport
lawfully existing as of September 13, 1975, shall continue to be permitted
subject to any applicable rules of the Oregon Department of Aviation.
(i) A facility for the
primary processing of forest products, provided that such facility is found to
not seriously interfere with accepted farming practices and is compatible with
farm uses described in ORS 215.203 (2). Such a facility may be approved for a
one-year period which is renewable. These facilities are intended to be only
portable or temporary in nature. The primary processing of a forest product, as
used in this section, means the use of a portable chipper or stud mill or other
similar methods of initial treatment of a forest product in order to enable its
shipment to market.
(j) A site for the
disposal of solid waste approved by the governing body of a city or county or
both and for which a permit has been granted under ORS 459.245 by the
Department of Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k) Dog kennels not
described in subsection (1)(L) of this section.
(L) Residential homes as
defined in ORS 197.660, in existing dwellings.
(m) The propagation,
cultivation, maintenance and harvesting of aquatic species that are not under
the jurisdiction of the State Fish and Wildlife Commission or insect species.
Insect species shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of Agriculture. The
county shall provide notice of all applications under this paragraph to the
State Department of Agriculture. Notice shall be provided in accordance with
the county’s land use regulations but shall be mailed at least 20 calendar days
prior to any administrative decision or initial public hearing on the
application.
(n) Home occupations as
provided in ORS 215.448.
(o) Transmission towers
over 200 feet in height.
(p) Construction of
additional passing and travel lanes requiring the acquisition of right of way
but not resulting in the creation of new land parcels.
(q) Reconstruction or
modification of public roads and highways involving the removal or displacement
of buildings but not resulting in the creation of new land parcels.
(r) Improvement of
public road and highway related facilities such as maintenance yards, weigh
stations and rest areas, where additional property or right of way is required
but not resulting in the creation of new land parcels.
(s) A destination resort
that is approved consistent with the requirements of any statewide planning
goal relating to the siting of a destination resort.
(t) Room and board arrangements
for a maximum of five unrelated persons in existing residences.
(u) A living history
museum related to resource based activities owned and operated by a
governmental agency or a local historical society, together with limited
commercial activities and facilities that are directly related to the use and
enjoyment of the museum and located within authentic buildings of the depicted
historic period or the museum administration building, if areas other than an
exclusive farm use zone cannot accommodate the museum and related activities or
if the museum administration buildings and parking lot are located within one
quarter mile of the metropolitan urban growth boundary. As used in this
paragraph:
(A) “Living history
museum” means a facility designed to depict and interpret everyday life and
culture of some specific historic period using authentic buildings, tools,
equipment and people to simulate past activities and events; and
(B) “Local historical
society” means the local historical society, recognized as such by the county
governing body and organized under ORS chapter 65.
(v) Operations for the
extraction and bottling of water.
(w) An aerial fireworks
display business that has been in continuous operation at its current location
within an exclusive farm use zone since December 31, 1986, and possesses a
wholesaler’s permit to sell or provide fireworks.
(x) A landscaping
business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued
in conjunction with the growing and marketing of nursery stock on the land that
constitutes farm use.
(3) In counties that
have adopted marginal lands provisions under ORS 197.247 (1991 Edition), a
single-family residential dwelling not provided in conjunction with farm use
may be established on a lot or parcel with soils predominantly in capability
classes IV through VIII as determined by the Agricultural Capability
Classification System in use by the United States Department of Agriculture
Soil Conservation Service on October 15, 1983. A proposed dwelling is subject
to approval of the governing body or its designee in any area zoned for
exclusive farm use upon written findings showing all of the following:
(a) The dwelling or
activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices on nearby
lands devoted to farm use.
(b) The dwelling is
situated upon generally unsuitable land for the production of farm crops and
livestock, considering the terrain, adverse soil or land conditions, drainage
and flooding, location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if it can
reasonably be put to farm use in conjunction with other land.
(c) Complies with such
other conditions as the governing body or its designee considers necessary.
(4) In counties that
have adopted marginal lands provisions under ORS 197.247 (1991 Edition), one
single-family dwelling, not provided in conjunction with farm use, may be
established in any area zoned for exclusive farm use on a lot or parcel
described in subsection (7) of this section that is not larger than three acres
upon written findings showing:
(a) The dwelling or
activities associated with the dwelling will not force a significant change in
or significantly increase the cost of accepted farming practices on nearby
lands devoted to farm use;
(b) If the lot or parcel
is located within the Willamette River Greenway, a floodplain or a geological
hazard area, the dwelling complies with conditions imposed by local ordinances
relating specifically to the Willamette River Greenway, floodplains or
geological hazard areas, whichever is applicable; and
(c) The dwelling
complies with other conditions considered necessary by the governing body or
its designee.
(5) Upon receipt of an
application for a permit under subsection (4) of this section, the governing
body shall notify:
(a) Owners of land that
is within 250 feet of the lot or parcel on which the dwelling will be
established; and
(b) Persons who have
requested notice of such applications and who have paid a reasonable fee
imposed by the county to cover the cost of such notice.
(6) The notice required
in subsection (5) of this section shall specify that persons have 15 days
following the date of postmark of the notice to file a written objection on the
grounds only that the dwelling or activities associated with it would force a
significant change in or significantly increase the cost of accepted farming
practices on nearby lands devoted to farm use. If no objection is received, the
governing body or its designee shall approve or disapprove the application. If
an objection is received, the governing body shall set the matter for hearing
in the manner prescribed in ORS 215.402 to 215.438. The governing body may
charge the reasonable costs of the notice required by subsection (5)(a) of this section to the applicant for the permit
requested under subsection (4) of this section.
(7) Subsection (4) of
this section applies to a lot or parcel lawfully created between January 1,
1948, and July 1, 1983. For the purposes of this section:
(a) Only one lot or
parcel exists if:
(A) A lot or parcel
described in this section is contiguous to one or more lots or parcels
described in this section; and
(B) On July 1, 1983,
greater than possessory interests are held in those contiguous lots, parcels or
lots and parcels by the same person, spouses or a single partnership or business
entity, separately or in tenancy in common.
(b) “Contiguous” means
lots, parcels or lots and parcels that have a common boundary, including but
not limited to, lots, parcels or lots and parcels separated only by a public
road.
(8) A person who sells
or otherwise transfers real property in an exclusive farm use zone may retain a
life estate in a dwelling on that property and in a tract of land under and
around the dwelling.
(9) No final approval of
a nonfarm use under this section shall be given unless any additional taxes
imposed upon the change in use have been paid.
(10) Roads, highways and
other transportation facilities and improvements not allowed under subsections
(1) and (2) of this section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm use subject
to:
(a) Adoption of an
exception to the goal related to agricultural lands and to any other applicable
goal with which the facility or improvement does not comply; or
(b) ORS 215.296 for
those uses identified by rule of the Land Conservation and Development
Commission as provided in section 3, chapter 529, Oregon Laws 1993.
NOTE: Adjusts
references in (1)(h) and (i) to correspond with
amendments to 197.732 by section 68.
SECTION 72. ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any area zoned for
exclusive farm use:
(a) Public or private
schools, including all buildings essential to the operation of a school.
(b) Churches and
cemeteries in conjunction with churches.
(c) The propagation or
harvesting of a forest product.
(d) Utility facilities
necessary for public service, including wetland waste treatment systems but not
including commercial facilities for the purpose of generating electrical power
for public use by sale or transmission towers over 200 feet in height. A
utility facility necessary for public service may be established as provided in
ORS 215.275.
(e) A dwelling on real
property used for farm use if the dwelling is occupied by a relative of the
farm operator or the farm operator’s spouse, which means a child, parent,
stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator does or will
require the assistance of the relative in the management of the farm use and
the dwelling is located on the same lot or parcel as the dwelling of the farm
operator. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling described in
this paragraph obtains construction financing or other financing secured by the
dwelling and the secured party forecloses on the dwelling, the secured party
may also foreclose on the homesite, as defined in ORS 308A.250, and the
foreclosure shall operate as a partition of the homesite to create a new
parcel.
(f) Primary or accessory
dwellings and other buildings customarily provided in conjunction with farm
use.
(g) Operations for the
exploration for and production of geothermal resources as defined by ORS
522.005 and oil and gas as defined by ORS 520.005, including the placement and
operation of compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities or construction
relating to such operations shall not be a basis for an exception under ORS
197.732 [(1)(a)
or (b)] (2)(a) or (b).
(h) Operations for the
exploration for minerals as defined by ORS 517.750. Any activities or
construction relating to such operations shall not be a basis for an exception
under ORS 197.732 [(1)(a)
or (b)] (2)(a) or (b).
(i) A site for the
disposal of solid waste that has been ordered to be established by the
Environmental Quality Commission under ORS 459.049, together with equipment,
facilities or buildings necessary for its operation.
(j) The breeding,
kenneling and training of greyhounds for racing.
(k) Climbing and passing
lanes within the right of way existing as of July 1, 1987.
(L) Reconstruction or
modification of public roads and highways, including the placement of utility
facilities overhead and in the subsurface of public roads and highways along
the public right of way, but not including the addition of travel lanes, where
no removal or displacement of buildings would occur, or no new land parcels
result.
(m) Temporary public
road and highway detours that will be abandoned and restored to original
condition or use at such time as no longer needed.
(n) Minor betterment of
existing public road and highway related facilities such as maintenance yards,
weigh stations and rest areas, within right of way existing as of July 1, 1987,
and contiguous public-owned property utilized to support the operation and
maintenance of public roads and highways.
(o) A replacement
dwelling to be used in conjunction with farm use if the existing dwelling has
been listed in a county inventory as historic property as defined in ORS
358.480.
(p) Creation of,
restoration of or enhancement of wetlands.
(q) A winery, as described
in ORS 215.452.
(r) Farm stands if:
(A) The structures are
designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the
local agricultural area, including the sale of retail incidental items and
fee-based activity to promote the sale of farm crops or livestock sold at the
farm stand if the annual sale of incidental items and fees from promotional
activity do not make up more than 25 percent of the total annual sales of the
farm stand; and
(B) The farm stand does
not include structures designed for occupancy as a residence or for activity
other than the sale of farm crops or livestock and does not include structures
for banquets, public gatherings or public entertainment.
(s) Alteration,
restoration or replacement of a lawfully established dwelling that:
(A) Has intact exterior
walls and roof structure;
(B) Has indoor plumbing
consisting of a kitchen sink, toilet and bathing facilities connected to a
sanitary waste disposal system;
(C) Has
interior wiring for interior lights;
(D) Has a heating
system; and
(E) In the case of
replacement:
(i) Is removed,
demolished or converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling. A replacement dwelling may be
sited on any part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards. However, the
standards shall not be applied in a manner that prohibits the siting of the
dwelling. If the dwelling to be replaced is located on a portion of the lot or
parcel not zoned for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the county where the
property is located a deed restriction prohibiting the siting of a dwelling on
that portion of the lot or parcel. The restriction imposed shall be irrevocable
unless a statement of release is placed in the deed records for the county. The
release shall be signed by the county or its designee and state that the
provisions of this paragraph regarding replacement dwellings have changed to
allow the siting of another dwelling. The county planning director or the
director’s designee shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of this
paragraph, including a copy of the deed restrictions and release statements
filed under this paragraph; and
(ii) For which the
applicant has requested a deferred replacement permit, is removed or demolished
within three months after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement dwelling at any time.
If, however, the established dwelling is not removed or demolished within three
months after the deferred replacement permit is issued, the permit becomes
void. The replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating to health and
safety or to siting at the time of construction. A deferred replacement permit
may not be transferred, by sale or otherwise, except by the applicant to the
spouse or a child of the applicant.
(t) A site for the
takeoff and landing of model aircraft, including such buildings or facilities
as may reasonably be necessary. Buildings or facilities shall not be more than
500 square feet in floor area or placed on a permanent foundation unless the
building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface or hard surface
area unless the surface preexisted the use approved
under this paragraph. As used in this paragraph, “model aircraft” means a
small-scale version of an airplane, glider, helicopter, dirigible or balloon
that is used or intended to be used for flight and is controlled by radio,
lines or design by a person on the ground.
(u) A facility for the
processing of farm crops located on a farm operation that provides at least
one-quarter of the farm crops processed at the facility. The building
established for the processing facility shall not exceed 10,000 square feet of
floor area exclusive of the floor area designated for preparation, storage or
other farm use or devote more than 10,000 square feet to the processing
activities within another building supporting farm uses. A processing facility
shall comply with all applicable siting standards but the standards shall not
be applied in a manner that prohibits the siting of the processing facility.
(v) Fire service
facilities providing rural fire protection services.
(w) Irrigation canals,
delivery lines and those structures and accessory operational facilities
associated with a district as defined in ORS 540.505.
(x) Utility facility
service lines. Utility facility service lines are utility lines and accessory
facilities or structures that end at the point where the utility service is
received by the customer and that are located on one or more of the following:
(A) A public right of
way;
(B) Land immediately
adjacent to a public right of way, provided the written consent of all adjacent
property owners has been obtained; or
(C) The property to be
served by the utility.
(y) Subject to the
issuance of a license, permit or other approval by the Department of
Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or
468B.055, or in compliance with rules adopted under ORS 468B.095, and as
provided in ORS 215.246 to 215.251, the land application of reclaimed water,
agricultural or industrial process water or biosolids for agricultural,
horticultural or silvicultural production, or for irrigation in connection with
a use allowed in an exclusive farm use zone under this chapter.
(z) A county law
enforcement facility that lawfully existed on August 20, 2002, and is used to
provide rural law enforcement services primarily in rural areas, including
parole and post-prison supervision, but not including a correctional facility
as defined under ORS 162.135.
(2) The following
nonfarm uses may be established, subject to the approval of the governing body
or its designee in any area zoned for exclusive farm use subject to ORS
215.296:
(a) Commercial
activities that are in conjunction with farm use but not including the
processing of farm crops as described in subsection (1)(u) of this section.
(b) Operations conducted
for:
(A) Mining and
processing of geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005 not otherwise permitted under subsection (1)(g) of this
section;
(B) Mining, crushing or
stockpiling of aggregate and other mineral and other subsurface resources
subject to ORS 215.298;
(C) Processing, as
defined by ORS 517.750, of aggregate into asphalt or portland
cement; and
(D) Processing of other mineral
resources and other subsurface resources.
(c) Private parks,
playgrounds, hunting and fishing preserves and campgrounds. Subject to the
approval of the county governing body or its designee, a private campground may
provide yurts for overnight camping. No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a yurt. The yurt shall be located
on the ground or on a wood floor with no permanent foundation. Upon request of
a county governing body, the Land Conservation and Development Commission may
provide by rule for an increase in the number of yurts allowed on all or a
portion of the campgrounds in a county if the commission determines that the
increase will comply with the standards described in ORS 215.296 (1). As used
in this paragraph, “yurt” means a round, domed shelter of cloth or canvas on a
collapsible frame with no plumbing, sewage disposal hookup or internal cooking
appliance.
(d) Parks and
playgrounds. A public park may be established consistent with the provisions of
ORS 195.120.
(e) Community centers
owned by a governmental agency or a nonprofit community organization and
operated primarily by and for residents of the local rural community. A
community center authorized under this paragraph may provide services to
veterans, including but not limited to emergency and transitional shelter,
preparation and service of meals, vocational and educational counseling and
referral to local, state or federal agencies providing medical, mental health,
disability income replacement and substance abuse services, only in a facility
that is in existence on January 1, 2006. The services may not include direct
delivery of medical, mental health, disability income replacement or substance
abuse services.
(f) Golf courses.
(g) Commercial utility
facilities for the purpose of generating power for public use by sale.
(h) Personal-use
airports for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. A personal-use airport, as used in this
section, means an airstrip restricted, except for aircraft emergencies, to use
by the owner, and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with agricultural
operations. No aircraft may be based on a personal-use airport other than those
owned or controlled by the owner of the airstrip. Exceptions to the activities
permitted under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A personal-use airport
lawfully existing as of September 13, 1975, shall continue to be permitted
subject to any applicable rules of the Oregon Department of Aviation.
(i) Home occupations as
provided in ORS 215.448.
(j) A facility for the
primary processing of forest products, provided that such facility is found to
not seriously interfere with accepted farming practices and is compatible with
farm uses described in ORS 215.203 (2). Such a facility may be approved for a
one-year period which is renewable. These facilities are intended to be only
portable or temporary in nature. The primary processing of a forest product, as
used in this section, means the use of a portable chipper or stud mill or other
similar methods of initial treatment of a forest product in order to enable its
shipment to market.
(k) A site for the
disposal of solid waste approved by the governing body of a city or county or
both and for which a permit has been granted under ORS 459.245 by the
Department of Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(L) One manufactured
dwelling or recreational vehicle, or the temporary residential use of an
existing building, in conjunction with an existing dwelling as a temporary use
for the term of a hardship suffered by the existing resident or a relative of
the resident. Within three months of the end of the hardship, the manufactured
dwelling or recreational vehicle shall be removed or demolished or, in the case
of an existing building, the building shall be removed, demolished or returned
to an allowed nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this paragraph. A
temporary residence approved under this paragraph is not eligible for
replacement under subsection (1)(s) of this section.
(m) Transmission towers
over 200 feet in height.
(n) Dog kennels not
described in subsection (1)(j) of this section.
(o) Residential homes as
defined in ORS 197.660, in existing dwellings.
(p) The propagation,
cultivation, maintenance and harvesting of aquatic species that are not under
the jurisdiction of the State Fish and Wildlife Commission or insect species.
Insect species shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of Agriculture. The
county shall provide notice of all applications under this paragraph to the
State Department of Agriculture. Notice shall be provided in accordance with
the county’s land use regulations but shall be mailed at least 20 calendar days
prior to any administrative decision or initial public hearing on the
application.
(q) Construction of
additional passing and travel lanes requiring the acquisition of right of way
but not resulting in the creation of new land parcels.
(r) Reconstruction or
modification of public roads and highways involving the removal or displacement
of buildings but not resulting in the creation of new land parcels.
(s) Improvement of
public road and highway related facilities, such as maintenance yards, weigh
stations and rest areas, where additional property or right of way is required
but not resulting in the creation of new land parcels.
(t) A destination resort
that is approved consistent with the requirements of any statewide planning
goal relating to the siting of a destination resort.
(u) Room and board
arrangements for a maximum of five unrelated persons in existing residences.
(v) Operations for the
extraction and bottling of water.
(w) Expansion of
existing county fairgrounds and activities directly relating to county
fairgrounds governed by county fair boards established pursuant to ORS 565.210.
(x) A living history
museum related to resource based activities owned and operated by a
governmental agency or a local historical society, together with limited
commercial activities and facilities that are directly related to the use and
enjoyment of the museum and located within authentic buildings of the depicted
historic period or the museum administration building, if areas other than an
exclusive farm use zone cannot accommodate the museum and related activities or
if the museum administration buildings and parking lot are located within one
quarter mile of an urban growth boundary. As used in this paragraph:
(A) “Living history
museum” means a facility designed to depict and interpret everyday life and
culture of some specific historic period using authentic buildings, tools,
equipment and people to simulate past activities and events; and
(B) “Local historical
society” means the local historical society recognized by the county governing
body and organized under ORS chapter 65.
(y) An aerial fireworks
display business that has been in continuous operation at its current location
within an exclusive farm use zone since December 31, 1986, and possesses a
wholesaler’s permit to sell or provide fireworks.
(z) A landscaping
business, as defined in ORS 671.520, or a business providing landscape
architecture services, as described in ORS 671.318, if the business is pursued
in conjunction with the growing and marketing of nursery stock on the land that
constitutes farm use.
(3) Roads, highways and
other transportation facilities and improvements not allowed under subsections
(1) and (2) of this section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm use subject
to:
(a) Adoption of an
exception to the goal related to agricultural lands and to any other applicable
goal with which the facility or improvement does not comply; or
(b) ORS 215.296 for
those uses identified by rule of the Land Conservation and Development
Commission as provided in section 3, chapter 529, Oregon Laws 1993.
NOTE: Adjusts
references in (1)(g) and (h) to correspond with
amendments to 197.732 by section 68.
SECTION 73. ORS 215.455 is amended to read:
215.455. Any winery
approved under ORS 215.213, 215.283, 215.284 and 215.452 [shall not be] is not a basis for an exception under ORS
197.732 [(1)(a)
or (b)] (2)(a) or (b).
NOTE: Updates
syntax; adjusts reference to correspond with amendments to 197.732 by section
68.
SECTION 74. ORS 236.350 is amended to read:
236.350. As used in ORS
236.350 to 236.370:
[(1) “Police officer” means an officer or member of a law enforcement
unit who is employed full-time as a peace officer commissioned by a city, port,
school district, mass transit district, county, Indian reservation, the
Criminal Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor and who is responsible for enforcing the
criminal laws of this state or laws or ordinances relating to airport security.]
[(2)] (1) “Disciplinary action” means any action taken
against a police officer by a public employer for the purpose of punishing the
officer, including dismissal, demotion, suspension without pay, reduction in
salary, written reprimand or transfer.
[(3)] (2) “Just cause” means a cause reasonably related to
the employee’s ability to perform required work. The term includes any willful
violation of reasonable work rules, regulations or written policies.
(3) “Police officer”
means an officer or member of a law enforcement unit who is employed full-time
as a peace officer commissioned by a city, port, school district, mass transit
district, county, Indian reservation, the Criminal Justice Division of the
Department of Justice, the Oregon State Lottery Commission or the Governor and
who is responsible for enforcing the criminal laws of this state or laws or
ordinances relating to airport security.
NOTE:
Alphabetizes definitions.
SECTION 75. ORS 238A.400 is amended to read:
238A.400. (1) Upon
retirement on or after the earliest retirement date, as described in ORS
238A.165, a member of the individual account program shall receive in a lump
sum the amounts in the member’s employee account, rollover account and employer
account to the extent the member is vested in those accounts under ORS
238A.320.
(2) In lieu of a lump
sum payment under subsection (1) of this section, a member of the individual
account program may elect to receive the amounts in the member’s employee
account and employer account, to the extent the member is vested in those
accounts under ORS 238A.320, in substantially equal installments paid over a
period of 5, 10, 15 or 20 years. Installments may be made on a monthly,
quarterly or annual basis. In no event may the period selected by the member
exceed the time allowed by the minimum distribution requirements described in
subsection [(4)] (5) of this
section. The Public Employees Retirement Board shall by rule establish the
manner in which installments will be adjusted to reflect investment gains and
losses on the unpaid balance during the payout period elected by the member
under this subsection. The board by rule may establish minimum monthly amounts
payable under this subsection. The board may require that a lump sum payment,
or an installment schedule different than the schedules provided for in this
subsection, be used to pay the vested amounts in the member’s accounts if those
amounts are not adequate to generate the minimum monthly amounts specified by
the rule.
(3) A member of the
individual account program electing to receive installments under subsection
(2) of this section must designate a beneficiary or beneficiaries. In the event
the member dies before all amounts in the employee and vested employer accounts
are paid, all remaining installment payments shall be made to the beneficiary
or beneficiaries designated by the member. A beneficiary may elect to receive a
lump sum distribution of the remaining amounts.
(4) A member who is
entitled to receive retirement benefits under ORS chapter 238 may receive
vested amounts in the member’s employee account, rollover account and employer
account in the manner provided by this section when the member retires for
service under the provisions of ORS chapter 238.
(5) Notwithstanding any
other provision of ORS 238A.300 to 238A.415, the entire interest of a member of
the individual account program must be distributed over a time period
commencing no later than the latest retirement date set forth in ORS 238A.170,
and must be distributed in a manner that satisfies all other minimum
distribution requirements of 26 U.S.C. 401(a)(9) and
regulations implementing that section, as in effect on August 29, 2003. The
board shall adopt rules implementing those minimum distribution requirements.
NOTE: Corrects
internal reference in (2) to reflect amendments by section 10, chapter 152,
Oregon Laws 2005.
SECTION 76. ORS 243.800 is amended to read:
243.800. (1)
Notwithstanding any provision of ORS chapter 238 or 238A or ORS 243.910 to
243.945, the State Board of Higher Education shall establish and administer an
Optional Retirement Plan for administrative and academic employees of the
Oregon University System who are eligible for membership in the Public
Employees Retirement System. The Optional Retirement Plan must be a qualified
plan under the Internal Revenue Code, capable of accepting funds transferred
under subsection (7) of this section without the transfer being treated as a
taxable event under the Internal Revenue Code, and willing to accept those
funds. Retirement and death benefits shall be provided under the plan by the
purchase of annuity contracts, fixed or variable or a combination thereof, or
by contracts for investments in mutual funds.
(2) The State Board of
Higher Education shall select at least two life insurance companies providing
fixed and variable annuities and at least two investment companies providing
mutual funds, but not more than five companies in total, for the purpose of
providing benefits under the Optional Retirement Plan. The State Board of
Higher Education shall establish selection criteria for the purpose of this
subsection.
(3) An administrative or
academic employee may make an irrevocable election to participate in the
Optional Retirement Plan within six months after being employed. An election
under this subsection is effective on the first day of the month following six
full months of employment.
(4) An administrative or
academic employee who does not elect to participate in the Optional Retirement
Plan:
(a) Remains or becomes a
member of the Public Employees Retirement System in accordance with ORS
chapters 238 and 238A; or
(b) Continues to be
assisted by the State Board of Higher Education under ORS 243.920 if the
employee is being so assisted.
(5) Except as provided
in subsection (6) of this section, employees who elect to participate in the
Optional Retirement Plan are ineligible for active membership in the Public
Employees Retirement System or for any assistance by the State Board of Higher
Education under ORS 243.920 as long as those employees are employed in the
Oregon University System and the plan is in effect.
(6)(a) An administrative
or academic employee who elects to participate in the Optional Retirement Plan,
who has creditable service under ORS chapter 238 as defined by ORS 238.005 and
who is not vested shall be considered by the Public Employees Retirement Board
to be a terminated member under the provisions of ORS 238.095 as of the
effective date of the election, and the amount credited to the member account
of the member shall be transferred directly to the Optional Retirement Plan by
the Public Employees Retirement Board in the manner provided by subsection (7)
of this section.
(b) An administrative or
academic employee who elects to participate in the Optional Retirement Plan,
who has creditable service under ORS chapter 238 as defined by ORS 238.005 and
who is vested shall be considered to be an inactive member by the Public
Employees Retirement Board and shall retain all the rights, privileges and
options under ORS chapter 238 unless the employee makes a written request to
the Public Employees Retirement Board for a transfer of the amounts credited to
the member account of the member to the Optional Retirement Plan. A request for
a transfer must be made at the time the member elects to participate in the
Optional Retirement Plan. Upon receiving the request, the Public Employees
Retirement Board shall transfer all amounts credited to the member account of
the member directly to the Optional Retirement Plan, and shall terminate all
rights, privileges and options of the employee under ORS chapter 238.
(c) An administrative or
academic employee who elects to participate in the Optional Retirement Plan,
and who is not a vested member of the pension program of the Oregon Public
Service Retirement Plan as described in ORS 238A.115 on the date that the
election becomes effective, shall be considered to be a terminated member of
the pension program by the Public Employees Retirement Board as of the
effective date of the election.
(d) An administrative or
academic employee who elects to participate in the Optional Retirement Plan,
and who is a vested member of the pension program of the Oregon Public Service
Retirement Plan as described in ORS 238A.115 on the date that the election
becomes effective, shall be considered an inactive member of the pension
program by the Public Employees Retirement Board as of the effective date of
the election. An employee who is subject to the provisions of this paragraph
retains all the rights, privileges and options of an inactive member of the
pension program. If the actuarial equivalent of the employee’s benefit under
the pension program at the time that the election becomes effective is $5,000
or less, the employee may make a written request to the Public Employees
Retirement Board for a transfer of the employee’s interest under the pension
program to the Optional Retirement Plan. The request must be made at the time
the member elects to participate in the Optional Retirement Plan. Upon
receiving the request, the Public Employees Retirement Board shall transfer the
amount determined to be the actuarial equivalent of the employee’s benefit
under the pension program directly to the Optional Retirement Plan, and shall
terminate the membership of the employee in the pension program.
(e) An administrative or
academic employee who elects to participate in the Optional Retirement Plan,
and who is a vested member of the individual account program of the Oregon
Public Service Retirement Plan as described in ORS 238A.320 on the date that
the election becomes effective, shall be considered an inactive member of the
individual account program by the Public Employees Retirement Board as of the
effective date of the election. An employee who is subject to the provisions of
this paragraph retains all the rights, privileges and options of an inactive
member of the individual account program. An administrative or academic
employee who elects to participate in the Optional Retirement Plan, and who is
a member of the individual account program of the Oregon Public Service
Retirement Plan, may make a written request to the Public Employees Retirement
Board that all amounts in the member’s employee account, rollover account and
employer account, to the extent the member is vested in those accounts under
ORS 238A.320, be transferred to the Optional Retirement Plan. The request must
be made at the time the member elects to participate in the Optional Retirement
Plan. Upon receiving the request, the Public Employees Retirement Board shall
transfer the amounts directly to the Optional Retirement Plan, and shall
terminate the membership of the employee in the individual account program upon
making the transfer.
(f) Notwithstanding
paragraphs (b), (d) and (e) of this subsection, the Public Employees Retirement
Board [shall] may not treat
any employee as an inactive member under the provisions of this subsection for
the purpose of receiving any benefit under ORS chapter 238 or 238A that
requires that the employee be separated from all service with participating
public employers and with employers who are treated as part of a participating
public employer’s controlled group under the federal laws and rules governing
the status of the system and the Public Employees Retirement Fund as a
qualified governmental retirement plan and trust.
(7) Any amounts
transferred from the Public Employees Retirement Fund under subsection (6) of
this section shall be transferred directly to the Optional Retirement Plan by
the Public Employees Retirement Board and [shall]
may not be made available to the employee.
(8) An employee
participating in the Optional Retirement Plan shall contribute monthly an
amount equal to the percentage of the employee’s salary that the employee would
otherwise have contributed as an employee contribution to the Public Employees
Retirement System if the employee had not elected to participate in the
Optional Retirement Plan.
(9) The State Board of
Higher Education shall contribute monthly to the Optional Retirement Plan the
percentage of salary of each employee participating in the plan equal to the
percentage of salary that would otherwise have been contributed as an employer
contribution on behalf of the employee to the Public Employees Retirement
System, before any offset under ORS [238.225
(9)] 238.229 (2), if the employee had not elected to participate in
the Optional Retirement Plan.
(10) Both employee and
employer contributions to an Optional Retirement Plan shall be remitted
directly to the companies that have issued annuity contracts to the
participating employees or directly to the mutual funds.
(11) Benefits under the
Optional Retirement Plan are payable to employees who elect to participate in
the plan and their beneficiaries by the selected annuity provider or mutual
fund in accordance with the terms of the annuity contracts or the terms of the
contract with the mutual fund. Employees electing to participate in the plan
agree that benefits payable under the plan are not obligations of the State of
(12) The percentage of
salary contributed by the State Board of Higher Education under subsection (9)
of this section on behalf of an employee is not affected by reason of the
employee having a break in service, as described by ORS 238A.025.
NOTE: Updates
word choice in (6)(f) and (7); replaces reference to
deleted subsection in (9) with comparable active law.
SECTION 77. ORS 246.565 is amended to read:
246.565. (1) Any voting
machine or vote tally system involving the use of computers, a computer
network, computer program, computer software or computer system shall be
subject to audit by the Secretary of State at any time for the purpose of
checking the accuracy of the voting machine or vote tally system.
(2) The county clerk
shall obtain a copy of the written instructions for the operation and
maintenance of any component of a vote tally system described in subsection (1)
of this section. The clerk shall obtain the copy from the manufacturer or
vendor of any component and shall retain the copy.
(3) The county clerk
shall keep a log of all maintenance performed on any component of a vote tally
system after the component is purchased and installed. The county clerk shall
distinguish maintenance performed during the period that occurs after the
preparatory test conducted under ORS 254.235 (1) and before the public
certification test conducted under ORS 254.525 [(4)].
(4) As used in this
section:
(a) “Computer” means,
but is not limited to, an electronic device [which] that performs logical, arithmetic or memory functions
by the manipulations of electronic or magnetic impulses and includes all input,
output, processing, storage, software or communication facilities [which] that are connected or
related to such a device in a system or network.
(b) “Computer network”
means, but is not limited to, the interconnection of communication lines,
including microwave or other means of electronic communication, with a computer
through remote terminals or a complex consisting of two or more interconnected
computers.
(c) “Computer program”
means, but is not limited to, a series of instructions or statements, in a form
acceptable to a computer, [which]
that permits the functioning of a computer system in a manner designed to
provide appropriate products from [such]
the computer system.
(d) “Computer software”
means, but is not limited to, computer programs, procedures and associated
documentation concerned with the operation of a computer system.
(e) “Computer system”
means, but is not limited to, a set of related, connected or unconnected
computer equipment, devices and software.
NOTE: Deletes
erroneous subsection reference in (3); updates word choice in (4)(a) and (c).
SECTION 78. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided in this
section. The Secretary of State may adopt rules governing the procedures for
conducting an election by mail.
(2) The Secretary of
State by rule shall establish requirements and criteria for the designation of
places of deposit for the ballots cast in the election. The rules shall also
specify the dates and times the places of deposit must be open and the security
requirements for the places of deposit. At a minimum, the places designated
under this section shall be open on the date of the election for a period of
eight or more hours, but must be open until at least 8 p.m. At each place of
deposit designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot drop site.
(3)(a) Except as
provided in paragraphs (b), (c) and (d) of this subsection, the county clerk
shall mail by nonforwardable mail an official ballot with a return identification
envelope and a secrecy envelope not sooner than the 18th day before the date of
an election conducted by mail and not later than the 14th day before the date
of the election, to each active elector of the electoral district as of the
21st day before the date of the election.
(b) Notwithstanding
paragraph (a) of this subsection, if the county clerk determines that an active
elector of the electoral district as of the 21st day before the date of the
election does not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an official ballot
with a return identification envelope and a secrecy envelope to the elector not
sooner than the 20th day before the date of an election conducted by mail and
not later than the 18th day before the date of the election.
(c) Notwithstanding
paragraph (a) of this subsection, the Secretary of State by rule shall specify
the date on which all ballots shall be mailed for any state election conducted
by mail under ORS 254.465 (2).
(d) Notwithstanding
paragraph (a) of this subsection, in the case of ballots to be mailed to
addresses outside this state to electors who are not long-term absent electors,
the county clerk may mail the ballots not sooner than the 29th day before the
date of the election.
(4) For an election held
on the date of a primary election:
(a) The county clerk
shall mail the official ballot of a major political party to each elector who
is registered as being affiliated with the major political party as of the 21st
day before the date of the election.
(b) The county clerk
shall mail the official ballot of a major political party to an elector not
affiliated with any political party if the elector has applied for the ballot
as provided in this subsection and that party has provided under ORS 254.365
for a primary election that admits electors not affiliated with any political
party.
(c) An elector not
affiliated with any political party who wishes to vote in the primary election
of a major political party shall apply to the county clerk in writing. The
application shall indicate which major political party ballot the elector
wishes to receive. Except for electors described in subsection (5) of this
section, and subject to ORS 247.203, the application must be received by the
county clerk not later than 5 p.m. of the 21st day before the date of the
election.
(d) If the primary
election ballot includes city, county or nonpartisan offices or measures, an
elector not eligible to vote for party candidates shall be mailed a ballot
limited to those offices and measures for which the elector is eligible to
vote.
(5) For each elector who
updates a voter registration after the deadline in ORS 247.025, the county
clerk shall make the official ballot, the return identification envelope and
the secrecy envelope available either by mail or at the county clerk’s office
or at another place designated by the county clerk. An elector to whom this
subsection applies must request a ballot from the county clerk.
(6) The ballot or ballot
label shall contain the following warning:
______________________________________________________________________________
Any person who, by use
of force or other means, unduly influences an elector to vote in any particular
manner or to refrain from voting is subject to a fine.
______________________________________________________________________________
(7) Upon receipt of any
ballot described in this section, the elector shall mark the ballot, sign the
return identification envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the marked ballot
to the county clerk by
(8) An elector may
obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not
received by the elector. Replacement ballots shall be issued and processed as
described in this section and ORS 254.480. The county clerk shall keep a record
of each replacement ballot provided under this subsection. Notwithstanding any
deadline for mailing ballots in subsection (3) [or (4)] of this section, a replacement ballot may be mailed, made
available in the office of the county clerk or made available at one central
location in the electoral district in which the election is conducted. The
county clerk shall designate the central location. A replacement ballot need
not be mailed after the fifth day before the date of the election.
(9) A ballot shall be
counted only if:
(a) It is returned in
the return identification envelope;
(b) The envelope is
signed by the elector to whom the ballot is issued; and
(c) The signature is
verified as provided in subsection (10) of this section.
(10) The county clerk
shall verify the signature of each elector on the return identification
envelope with the signature on the elector’s registration card, according to
the procedure provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement ballot has been
issued has voted more than once, the county clerk shall count only one ballot
cast by that elector.
(11) At 8 p.m. on election day, electors who are at the county clerk’s office,
a site designated under subsection (2) of this section or any location
described in ORS 254.472 or 254.474 and who are in line waiting to vote or
deposit a voted ballot shall be considered to have begun the act of voting.
NOTE: Corrects
syntax in (7); deletes erroneous internal reference in (8).
SECTION 79. ORS 260.007 is amended to read:
260.007. As used in this
chapter, “contribute,” “contribution,” “expend” or “expenditure” does not
include:
(1) Any written news
story, commentary or editorial distributed through the facilities of any
broadcasting station, newspaper, magazine or other regularly published
publication, unless a political committee owns the facility[;].
(2) An individual’s use
of the individual’s own personal residence, including a community room
associated with the individual’s residence, to conduct a reception for a
candidate or political committee[,] and the individual’s cost of invitations, food and beverages
provided at the reception[;].
(3) A vendor’s sale of
food and beverages for use in a candidate’s or political committee’s campaign
at a charge less than the normal comparable charge, if the charge is at least
equal to the cost of the food or beverages to the vendor[;].
(4) Any unreimbursed
payment for travel expenses an individual, including a candidate, makes on
behalf of a candidate or political committee[;].
(5) Any loan of money
made by a financial institution as defined in ORS 706.008, other than any
overdraft made with respect to a checking or savings account, if the loan bears
the usual and customary interest rate for the category of loan involved, is
made on a basis that [assures]
ensures repayment, is evidenced by a written instrument and is subject to a
due date or amortization schedule. However, each indorser or guarantor of the
loan shall be considered to have contributed that portion of the total amount
of the loan for which that person agreed to be liable in a written agreement,
except if the indorser or guarantor is the candidate’s spouse[;].
(6) Nonpartisan activity
designed to encourage individuals to vote or to register to vote[;].
(7) Any communication a
membership organization or corporation makes to its members, shareholders or
employees if the membership organization or corporation is not organized
primarily for the purpose of influencing an election[;].
(8) The payment of
compensation for legal and accounting services rendered to a candidate or
political committee if the person paying for the services is the regular
employer of the individual rendering the services and the services are solely
for the purpose of [insuring]
ensuring compliance with the provisions of this chapter[; and].
(9) The payment by a
state or local committee of a political party of the costs of preparation,
display or mailing or other distribution incurred by the committee with respect
to a printed slate card or sample ballot, or other printed listing, of three or
more candidates for any public office for which an election is held in this
state. This subsection does not apply to costs incurred by the committee with
respect to a display of any such listing made on broadcasting stations or in
newspapers, magazines or similar types of general public political advertising.
NOTE: Adjusts
punctuation to account for intervening periods; strikes errant comma in (2);
corrects word choice in (5) and (8).
SECTION 80. ORS 267.090 is amended to read:
267.090. Except as
provided in ORS 267.112:
(1) [District] Board members [shall] of a mass transit district may
not be elected at the time of formation, but if a district is formed, the Governor
shall, within 60 days after receiving a certified copy of the formation order,
appoint from subdistricts the members of the first board of directors of the
district, designate one member as the temporary chairperson[,] and fix the time and place of the
organizational meeting. [If the district
has formed before October 4, 1977, the Governor, within 60 days after October
4, 1977, shall appoint from subdistricts a new board of directors, designate
one as temporary chairperson, and fix the time and place of the organizational
meeting.]
(2) The board of
directors of a mass transit district shall consist of seven members. One
director shall be appointed from each of seven subdistricts. The Governor shall
appoint as one of the directors a person who regularly uses the services
provided by a mass transit system. Directors shall reside in the subdistrict
from which they are respectively appointed. The subdistricts shall be as nearly
equal in population as possible based on the latest federal census[,] and shall be designed to [assure] ensure representation of
the most populous city, other cities and unincorporated territory in the
proposed district proportionate to their respective populations provided that
if less than the entire district is taxed by the district, the subdistricts
shall be wholly within the taxed area. The district or, if the taxed area is
less than the entire district, the taxed area shall be divided into
subdistricts initially, and after each succeeding federal census, by the
Secretary of State.
(3) The term of office
of a director is four years, but each director shall serve at the pleasure of
the Governor. Before the expiration of the term of a director, the director’s
successor shall be appointed. A director is eligible for reappointment. In case
of a vacancy for any cause, the Governor shall appoint a person to serve for
the unexpired term. A director whose term has expired shall continue to serve
until the appointment of a successor unless discharged by the Governor.
(4) 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.
NOTE: Corrects
syntax and deletes outdated provisions in (1); corrects word choice and
punctuation in (2).
SECTION 81. ORS 279A.025 is amended to read:
279A.025. (1) Except as
provided in subsections (2) to (4) of this section, the Public Contracting Code
applies to all public contracting.
(2) The Public
Contracting Code does not apply to:
(a) Contracts between
contracting agencies or between contracting agencies and the federal
government;
(b) Insurance and
service contracts as provided for under ORS 414.115, 414.125, 414.135 and
414.145 for purposes of source selection;
(c) Grants;
(d) Contracts for
professional or expert witnesses or consultants to provide services or
testimony relating to existing or potential litigation or legal matters in
which a public body is or may become interested;
(e) Acquisitions or
disposals of real property or interest in real property;
(f) Sole-source
expenditures when rates are set by law or ordinance for purposes of source
selection;
(g) Contracts for the
procurement or distribution of textbooks;
(h) Procurements by a
contracting agency from an Oregon Corrections Enterprises program;
(i) The procurement,
transportation or distribution of distilled liquor, as defined in ORS 471.001,
or the appointment of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(j) Contracts entered
into under ORS chapter 180 between the Attorney General and private counsel or
special legal assistants;
(k) Contracts for the
sale of timber from lands owned or managed by the State Board of Forestry and
the State Forestry Department;
(L) Contracts for forest
protection or forest related activities, as described in ORS 477.406, by the
State Forester or the State Board of Forestry;
(m) Sponsorship
agreements entered into by the State Parks and Recreation Director in
accordance with ORS 565.080 (4);
(n) Contracts entered
into by the Housing and Community Services Department in exercising the
department’s duties prescribed in ORS chapters 456 and 458, except that the
department’s public contracting for goods and services, as defined in ORS
279B.005, is subject to ORS chapter 279B;
(o) Contracts entered
into by the State Treasurer in exercising the powers of that office prescribed
in ORS chapters 178, 286, 287, 288, 289, 293, 294 and 295, including but not
limited to investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents, certificates
of participation and other debt repayment agreements, and any associated
contracts, agreements and documents, regardless of whether the obligations that
the contracts, agreements or documents establish are general, special or
limited, except that the State Treasurer’s public contracting for goods and
services, as defined in ORS 279B.005, is subject to ORS chapter 279B;
(p) Contracts,
agreements or other documents entered into, issued or established in connection
with:
(A) The incurring of
debt by a public body, including but not limited to the issuance of bonds,
certificates of participation and other debt repayment obligations, and any
associated contracts, agreements or other documents, regardless of whether the
obligations that the contracts, agreements or other documents establish are
general, special or limited;
(B) The making of
program loans and similar extensions or advances of funds, aid or assistance by
a public body to a public or private body for the purpose of carrying out,
promoting or sustaining activities or programs authorized by law; or
(C) The investment of
funds by a public body as authorized by law, and other financial transactions
of a public body that by their character cannot practically be established
under the competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(q) Contracts for
employee benefit plans as provided in ORS 243.105 (1), 243.125 (4), 243.221,
243.275, 243.291, 243.303 and 243.565; or
(r) Any other public
contracting of a public body specifically exempted from the code by another
provision of law.
(3) The Public
Contracting Code does not apply to the public contracting activities of:
(a) The
(b) The Oregon
University System and member institutions, except as provided in ORS 351.086;
(c) The legislative
department;
(d) The judicial
department;
(e) Semi-independent
state agencies listed in ORS [182.451 and]
182.454, except as provided in ORS 279.835 to 279.855 and 279A.250 to 279A.290;
(f)
(g) The
(h) The Travel
Information Council, except as provided in ORS 279A.250 to 279A.290;
(i) The
(j) The
(k) Any other public
body specifically exempted from the code by another provision of law.
(4) ORS 279A.200 to
279A.225 and 279B.050 to 279B.085 do not apply to contracts made with qualified
nonprofit agencies providing employment opportunities for disabled individuals
under ORS 279.835 to 279.855.
NOTE: Deletes
reference to repealed statute in (3)(e). See section
58.
SECTION 82. ORS 280.070 is amended to read:
280.070. (1) An election within a county for the purpose of approving a
tax levy or tax rate under ORS 280.060 shall be called by the county court or
board of county commissioners and shall be held on a date specified in ORS
203.085.
(2) An election within a
city for the purpose of approving a tax levy or tax rate under ORS 280.060 or
under section 11 (3)(c), Article XI of the Oregon Constitution, shall be called
by the governing body of the city and held on a date specified in ORS 221.230.
(3) An election within a
political subdivision other than a county or city for the purpose of approving
a tax levy or tax rate under ORS 280.060 or under section 11 (3)(c), Article XI
of the Oregon Constitution, shall be called by the governing body of the
subdivision and held on a date specified in ORS 255.345.
(4)(a) The ballot title
for a measure authorizing the imposition of local option taxes shall contain
the following additional statement:
______________________________________________________________________________
This measure may cause
property taxes to increase more than three percent.
______________________________________________________________________________
(b) The [statements] statement required by
this subsection [shall] may
not be considered for purposes of the word count limitations under ORS 250.035.
(c) The [statements] statement required by
this subsection shall be placed after the question on the ballot title.
(5) As part of the
question, the ballot title for a measure authorizing the imposition of local
option taxes shall state:
(a) The length in years
of the period during which the proposed local option tax will be imposed.
(b) The first fiscal
year in which the proposed local option tax will be imposed.
(6) As part of the
question, the ballot title for a measure authorizing the establishment of a
permanent rate limitation shall contain the following information:
(a) The tax rate per
$1,000 of assessed value of the proposed permanent rate limitation.
(b) The first fiscal
year in which the proposed permanent rate limitation will be imposed.
(7) The ballot title for
a measure authorizing the imposition of local option taxes or a permanent rate
limitation shall be in compliance with ORS 250.036.
NOTE: Changes
term from plural to singular to reflect removal of additional statement by
section 22, chapter 632, Oregon Laws 1999, and updates word choice in (4).
SECTION 83. ORS 283.305 is amended to read:
283.305. As used in ORS
283.305 to 283.350:
(1) “Alternative fuel”
means natural gas, liquified petroleum gas, methanol, ethanol,
any fuel mixture containing at least 85 percent methanol or ethanol and
electricity.
[(1)] (2) “Authorized driver” means any of the following who
has a valid driver license and an acceptable driving record:
(a) A salaried state
employee, including an agent of the state;
(b) A volunteer,
appointed in writing, whose written description of duties includes driving
motor vehicles;
(c) An agency client
required to drive motor vehicles as part of a rehabilitation or treatment
program authorized by law;
(d) Any personnel of any
unit of government whose use of motor vehicles is permitted by an authorized
intergovernmental agreement;
(e) Any student enrolled
at any state institution of higher education and whose use of motor vehicles
meets the requirements of ORS 283.310; and
(f) An inmate of a
correctional institution with specific Department of Corrections approval who
is accompanied by a supervising correctional institution employee or who is
performing a specific work assignment driving a special purpose vehicle
required for that assignment and within the visual range of a supervising
correctional institution employee who is at the work assignment site or who is
part of the transport caravan.
[(2) “Alternative fuel” means natural gas, liquefied petroleum gas,
methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity.]
(3) “Motor vehicles”
includes state-owned, leased or otherwise controlled motor vehicles and the
supplies, parts and equipment for the operation, maintenance or repair of such
motor vehicles.
(4) “Official state
business” means activity conducted by a state agency that advances the lawful
policies of the agency as specified by the Oregon Department of Administrative
Services by rule.
(5) “Standard passenger
vehicle” means a motor vehicle that is commonly known as a sedan or a station
wagon and that is not equipped with special or unusual equipment.
(6) “State agency” or “agency”
includes the Legislative Assembly, at its option, or any of its statutory,
standing, special or interim committees, at the option of such committee.
NOTE:
Alphabetizes definitions.
SECTION 84. ORS 285C.050 is amended to read:
285C.050. As used in ORS 285C.050 to 285C.250, unless the context
requires otherwise:
(1) “Assessment date”
and “assessment year” have the meanings given those terms in ORS 308.007.
(2) “Authorized business
firm” means an eligible business firm that has been authorized under ORS
285C.140.
(3) “Business firm”
means a person operating or conducting one or more trades or businesses but
does not include any governmental agency, municipal corporation or nonprofit
corporation.
(4) “County average
annual wage” means:
(a) The most recently
available average annual covered payroll for the county in which the enterprise
zone is located, as determined by the Employment Department; or
(b) If the enterprise
zone is located in more than one county, the highest county average annual wage
as determined under paragraph (a) of this subsection.
(5) “Electronic commerce”
means engaging in commercial or retail transactions predominantly over the
Internet or a computer network, utilizing the Internet as a platform for
transacting business, or facilitating the use of the Internet by other persons
for business transactions, and may be further defined by the Economic and
Community Development Department by rule.
(6) “Eligible business
firm” means a firm engaged in an activity described under ORS 285C.135 that may
file an application for authorization under ORS 285C.140.
(7) “Employee” means a
person who works more than 32 hours per week, but does not include a person
with a temporary or seasonal job or a person hired solely to construct qualified
property.
(8) “Enterprise zone”
means one of the 30 areas designated or terminated and redesignated by order of
the Governor under ORS 284.160 (1987 Replacement Part) before October 3, 1989,
one of the areas designated by the Director of the Economic and Community
Development Department under ORS 285C.080, a federal enterprise zone area
designated under ORS 285C.085, an area designated under ORS 285C.250 or a
reservation enterprise zone designated under ORS 285C.306.
(9) “Federal enterprise
zone” means any discrete area wholly or partially within this state that is
designated as an empowerment zone, an enterprise community, a renewal community
or some similar designation for purposes of improving the economic and
community development of the area.
(10) “First-source
hiring agreement” means an agreement between an authorized business firm and a
publicly funded job training provider whereby the provider refers qualified
candidates to the firm for new jobs and job openings in the firm.
(11) “In service” means
being used or occupied or fully ready for use or occupancy for commercial
purposes consistent with the intended operations of the business firm as
described in the application for authorization.
(12) “Modification”
means modernization, renovation or remodeling of an existing building,
structure or real property machinery or equipment.
(13) “New employees
hired by the firm”:
(a) Includes only those
employees of an authorized business firm engaged for a majority of their time
in eligible operations.
(b) Does not include
individuals employed in a job or position that:
(A) Is created and first
filled after December 31 of the first tax year in which qualified property of
the firm is exempt under ORS 285C.175;
(B) Existed prior to the
submission of the relevant application for authorization; or
(C) Is performed
primarily at a location outside of the enterprise zone.
(14) “Publicly funded
job training provider” includes but is not limited to a community college, a
service provider under the federal Workforce Investment Act Title I-B (29
U.S.C. 2801 et seq.), or a similar program.
(15) “Qualified business
firm” means a business firm described in ORS 285C.200, the qualified property
of which is exempt from property tax under ORS 285C.175.
(16) “Qualified property”
means property described under ORS 285C.180.
(17) “Rural enterprise
zone” means:
(a) An enterprise zone
located in an area of this state in which an urban enterprise zone could not be
located; or
(b) A reservation
enterprise zone designated under ORS 285C.306.
(18) “Sparsely populated
county” means a county with a density of 100 or fewer persons per square mile,
based on the most recently available population figure for the county from the
Portland State University [Center for
Population Research and Census] Population Research Center.
(19) “Sponsor” means:
(a) The city, county or
port, or any combination of cities, counties or ports, that received approval
of an enterprise zone under ORS 284.150 and 284.160 (1987 Replacement Part),
under ORS 285C.065 and 285C.075, under ORS 285C.085 or under ORS 285C.250;
(b) The tribal
government, in the case of a reservation enterprise zone; or
(c) A city, county or
port that joined the enterprise zone through a boundary change under ORS
285C.115 (7) or a port that joined the enterprise zone under ORS 285C.068.
(20) “Tax year” has the
meaning given that term in ORS 308.007.
(21) “Urban enterprise
zone” means an enterprise zone in a metropolitan statistical area, as defined
by the most recent federal decennial census, that is
located inside a regional or metropolitan urban growth boundary.
(22) “Year” has the
meaning given that term in ORS 308.007.
NOTE: Corrects
name of center in (18).
SECTION 85. ORS 285C.090 is amended to read:
285C.090. (1) A proposed
enterprise zone must be located in a local area in which:
(a) Fifty percent or
more of the households have incomes below 80 percent of the median income of
this state, as defined by the most recent federal decennial census;
(b) The unemployment
rate is at least 2.0 percentage points greater than the comparable unemployment
rate for this entire state, as defined by the most recently available data
published or officially provided and verified by the United States Government,
the Employment Department of this state, the Portland State University [Center for Population Research and Census]
Population Research Center or special studies conducted under a contract
with a regional academic institution; or
(c) The Economic and
Community Development Department determines on a case-by-case basis using
evidence provided by the cities, counties or ports applying for designation of
the proposed enterprise zone that there exists a level of economic hardship at
least as severe as that described in paragraph (a) or (b) of this subsection.
The evidence shall be based on the most recently available data from official
sources and may include, but is not limited to, a contemporary decline of the
population in the proposed enterprise zone, the percentage of persons in the
proposed enterprise zone below the poverty level relative to the percentage of
the entire population of this state below the poverty level or the unemployment
rate for the county or counties in which the proposed enterprise zone is
located.
(2) An enterprise zone
must consist of a total area of not more than 12 square miles in size. The area
of the zone shall be calculated by excluding that portion of the zone that lies
below the ordinary high water mark of a navigable body of water.
(3) Except as provided
in subsection (4) of this section:
(a) An enterprise zone
must have 12 miles or less as the greatest distance between any two points
within the zone; and
(b) Unconnected areas of
an enterprise zone may not be more than five miles apart.
(4) Unconnected areas of
a rural enterprise zone may not be more than 15 miles apart when an unconnected
area is entirely within a sparsely populated county, and the zone:
(a) Must have 20 miles
or less as the greatest distance between any two points within the zone, if
only a portion of the zone is contained within a sparsely populated county; or
(b) Must have 25 miles
or less as the greatest distance between any two points within the zone, if the
zone is entirely contained within a sparsely populated county.
(5) This section does
not apply to the designation or redesignation of a reservation enterprise zone.
NOTE: Corrects
name of center in (1)(b).
SECTION 86.
ORS 285C.306 is amended to read:
285C.306. (1) Trust land
of an Indian tribe that meets all of the following requirements is designated
as a reservation enterprise zone for the purposes of ORS 285C.300 to 285C.320:
(a) The Indian tribe is
a federally recognized Indian tribe;
(b) The reservation of
the Indian tribe is entirely within the boundaries of this state;
(c) The land for which
zone designation is sought is land held in trust by the
(d) Fifty percent or
more of the households within the boundaries of the reservation have incomes
below 80 percent of the median income of this state, as defined by the most
recent federal decennial census; and
(e) The unemployment
rate within the reservation for all enrolled members of the tribe is at least
2.0 percentage points greater than the comparable unemployment rate for this
state, as defined by the most recently available data published or officially
provided and verified by the United States Government, the Employment
Department, the Portland State University [Center
for Population Research and Census] Population Research Center or a
special study conducted under a contract with a regional academic institution.
(2) At the request of a
tribal government, the Economic and Community Development Department shall
determine if trust land is designated as a reservation enterprise zone under
this section.
NOTE: Corrects
name of center in (1)(e).
SECTION 87. ORS 287.252 is amended to read:
287.252. (1) The
governing body of any incorporated city may issue and sell or exchange
refunding bonds for the purpose of paying, redeeming or retiring any or all
outstanding lawfully issued bonds of [such]
the city, including bonds issued pursuant to applications to pay
assessments in installments, when:
(a) The bonds have
matured but have not been paid or canceled; [or]
(b) The bonds are about
to mature and become payable; [or]
(c) The bonds are
redeemable at the option of the city; or
(d) The holders of all
or any part of any issue of bonds of the city are willing to surrender [such] the bonds, whether or not
the bonds to be surrendered have matured or are about to mature or become
payable.
(2) Refunding bonds
issued under authority of subsection (1) of this section [shall] may not exceed in the aggregate the par amount of the
bonds to be called, paid, redeemed or replaced, less the amount in the sinking
fund, if any, applicable thereto.
(3) Refunding bonds [shall] may not be exchanged for
outstanding bonds under authority of subsection (1) of this section until bids
for the refunding bonds have been solicited in the manner prescribed by ORS
287.014 to 287.022.
NOTE: Updates
word choice and removes superfluous conjunctions in (1); conforms word choice
in (2) and (3) to legislative style.
SECTION 88. ORS 288.160 is amended to read:
288.160. (1) Proceeds of
refunding bonds authorized by this section shall be used solely to refund bonds
and pay related costs and expenses, and [shall]
may not be used to pay for costs of operations or costs of projects not attributable
to the refunding.
(2) If authorized by law
other than ORS 288.150 to 288.165 and in the manner provided by law, a
governmental unit may issue general obligation bonds to refund outstanding
bonded indebtedness or to reimburse the governmental unit for costs of capital
construction or improvements, if:
(a) The refunding
general obligation bonds have been approved by the electors in a manner that
qualifies under section 11 (11)(d)(ii), Article XI of
the Oregon Constitution, and the obligations [which] that are refunded, or the first obligations in the
series, if the refunding general obligation bonds are part of a series of
refundings, or the costs [which] that
are to be reimbursed, were incurred for capital construction or improvements;
or
(b) The refunding
general obligation bonds replace an issue of outstanding general obligations
bonds [which] that were
incurred for capital construction or improvements.
(3) For the purposes of
this section, refunding general obligation bonds shall be deemed to replace
outstanding general obligation bonds if:
(a) The refunded general
obligation bonds are paid or lawfully deemed paid upon issuance of the
refunding general obligation bonds; [and]
(b) The net proceeds of
the refunding bonds shall be used to pay only the debt service on the refunded
bonds and the costs of issuance of the refunding bonds; and
(c) The bond refunding
satisfies at least one of the following tests:
(A) The principal amount
of the refunding general obligation bonds does not exceed the outstanding
principal amount of the refunded general obligation bonds, plus the amount of
any authorized but unissued general obligation bonds of the governmental unit;
[or]
(B) The total amount of
principal and interest payable on the refunding general obligation bonds does
not exceed the total amount of principal and interest payable on the refunded
bonds as of the date of issuance of the refunding general obligation bonds; or
(C) The present value of
the debt service on the refunding general obligation bonds does not exceed the
present value of the debt service on the refunded general obligation bonds,
with the present values calculated at the refunding bond yield.
(4) For purposes of [section] sections 11 (13) and 11b
(3)(b), Article XI of the Oregon Constitution:
(a) If refunding general
obligation bonds replace an issue of general obligation bonds, the refunding
general obligation bonds shall be deemed to have been issued on the date of
issuance of the bonds [which] that
are replaced, or the first issue of general obligation bonds, if the refunding
general obligation bonds are part of a series of refundings; and
(b) If the bonds [which] that are replaced were
approved by the electors, the refunding general obligation bonds shall be
deemed to have been specifically approved by the vote [which] that approved the bonds [which] that are replaced, or the first issue, in a series of
refundings.
(5) Notwithstanding ORS
221.200, 255.085[,] or 287.056
or any other law to the contrary, a ballot measure authorizing issuance of
refunding general obligation bonds need not state the principal amount of
refunding general obligation bonds, [so]
as long as the refunding bonds comply with subsection (3) of this section.
A ballot measure may authorize issuance of general obligation bonds to refund a
specific series of outstanding general obligation bonds, or may authorize
issuance of general obligation bonds to refund all or any portion of the
outstanding bonds or future general obligation bonds, or any combination thereof.
(6) Refunded general
obligation bonds shall be deemed paid within the meaning of subsection (3) of
this section if:
(a) The refunded general
obligation bonds are deemed paid or defeased under the provisions of the
documents authorizing issuance of the refunded general obligation bonds; or
(b) The governmental
unit complies with ORS 288.677.
(7) If a governmental
unit issues general obligation bonds to refund general obligation bonds that
were issued before December 5, 1996, the refunded general obligation bonds and
the refunding general obligation bonds shall be treated as having been incurred
to finance capital construction and improvements under the laws in effect at
the time the refunded bonds were issued. The definitions described in section 11
(13), Article XI of the Oregon Constitution, or statutes enacted to interpret
section 11 (13), Article XI of the Oregon Constitution, [shall] do not apply to the refunded bonds or the refunding
bonds.
(8) A governmental unit
may issue refunding bonds to refund obligations described in section 11 (5)(a)(A) and (B), Article XI of the Oregon Constitution. Ad
valorem property taxes may be levied and collected to pay refunding bonds
authorized by this subsection to the same extent that ad valorem property taxes
could be levied and collected to pay the obligations that are refunded.
(9) A governmental unit
may issue refunding bonds to refund bonds that are not general obligations or
obligations described in section 11 (5)(a)(A) and (B),
Article XI of the Oregon Constitution, but are secured by ad valorem property
taxes. Ad valorem property taxes may be levied and collected to pay refunding
bonds authorized by this subsection to the same extent that ad valorem property
taxes could be levied and collected to pay the bonds that are refunded.
NOTE: Corrects
word choice in (1), (2)(a) and (b), (4), (5) and (7);
removes superfluous conjunctions in (3); conforms syntax in (5) to legislative
style.
SECTION 89. ORS 289.010 is amended to read:
289.010. (1) The
Legislative Assembly finds that by use of the powers and procedures described
in this chapter for the assembling and financing of lands for housing,
educational and cultural uses and for the construction and financing of
facilities for such uses, financed through the issuance of revenue bonds
secured solely by the properties and rentals thus made available, the state may
be able to effect substantially the [provisions]
provision of decent, affordable housing, the achievement of higher
levels of learning and development of the intellectual capacities of citizens
and expansion of the authorized services and resources for the intellectual and
artistic enrichment of citizens.
(2) It is the purpose of
this chapter to authorize the exercise of powers granted by this chapter by
this state in addition to and not in lieu of any other powers it may possess.
NOTE: Improves
word choice in (1).
SECTION 90. ORS 294.160 is amended to read:
294.160. (1) [After July 14, 1995,] The governing body
of a city, county or other unit of local government shall provide an
opportunity for interested persons to comment on the enactment of any ordinance
or resolution prescribing a new fee or a fee increase or an increase in the
rate or other manner in which the amount of a fee is determined or calculated.
(2) Where a local
government exercises authority to assume the responsibility for a program
delivered by the state, the local government shall provide an opportunity to
comment on the difference between the fee amount charged by the state for such
service and the proposed local fee for the service.
NOTE: Removes
obsolete provision in (1).
SECTION 91. ORS 294.725 is amended to read:
294.725. For the
purposes of ORS 294.725 to 294.755:
(1) “Account balance”
means the amount a political subdivision has paid into the Local Government
Employer Benefit Trust Fund less the amount of unemployment benefits paid by
the Employment Department on behalf of the political subdivision.
(2) “Account reserve
ratio” means the account balance of the political subdivision on June 30,
divided by gross wages paid to individuals subject to ORS chapter 657 during
the four calendar quarters ending on June 30 by the political subdivision. The
ratio shall be expressed as a percent carried to four decimal places.
[(2)] (3) “Aggregate benefit cost rate” means the total
unemployment benefits paid during a cost rate period that is attributable to
wages paid by all political subdivisions divided by the gross wages paid to
individuals subject to ORS chapter 657 during the cost rate period by all
political subdivisions. The rate shall be expressed as a percent and rounded to
the nearest one-tenth of one percent.
[(3)] (4) “Benefit cost rate” means the total unemployment
benefits paid during a cost rate period that is attributable to wages paid by a
political subdivision divided by gross wages paid to individuals subject to ORS
chapter 657 during the cost rate period by the political subdivision. The rate
shall be expressed as a percent and carried to four decimal places.
[(4)] (5) “Cost rate period” means the prior three-year
period ending June 30 of each year [except
that with respect to June 30, 1977, the cost rate period is the two-year period
ending June 30, 1977].
[(5) “Account reserve ratio” means the account balance of the political
subdivision on June 30, divided by gross wages paid to individuals subject to
ORS chapter 657 during the four calendar quarters ending on such June 30 by
such political subdivision. The ratio shall be expressed as a percent carried
to four decimal places.]
(6) “Department” means
the Employment Department.
(7) “Director” means the
Director of the Employment Department.
(8) “Erroneous benefit
payments” means any amount paid to an individual to which the individual is not
entitled due to:
(a) Any error, whether
or not due to misrepresentation or nondisclosure of material fact by the
claimant; or
(b) An initial decision
to pay benefits that is subsequently reversed by a decision finding the
individual was not eligible for [such]
the benefits and [such] the
decision has become final.
(9) “Local Government
Employer Benefit Trust Fund” or “fund” means the fund created by ORS 294.730.
[(9)] (10) “Political subdivision” means a political
subdivision as defined by ORS 657.097.
[(10) “Local Government Employer Benefit Trust Fund” or “fund” means the
fund created by ORS 294.730.]
(11) “Unemployment
benefits” or “benefits” means regular and extended benefits paid under ORS
chapter 657.
NOTE:
Alphabetizes definitions; updates word choice in (2); removes obsolete
provision in (5); corrects read-in problem and updates word choice in (8)(b).
SECTION 92. ORS 294.735 is amended to read:
294.735. (1) A political
subdivision shall pay into the Local Government Employer Benefit Trust
Fund a percentage of the gross wages it pays to individuals in employment
subject to ORS chapter 657, except that minor adjustments to wages in a
calendar quarter on which payments have previously been made [shall] may not result in either a
credit to the employer or an additional amount due the fund. [Such] The percentage shall be as
determined in subsections (2) to (6) of this section.
(2) As soon as possible
after June 30[, 1977, and each June 30
thereafter] of each year, the Employment Department shall for each
political subdivision determine the benefit cost rate and the account reserve
ratio applicable as of that June 30.
(3) The percentage rate
assigned to a political subdivision whose account has been potentially
chargeable with benefits for each of the last four calendar quarters ending on
the June 30 immediately preceding the determination shall be the benefit cost
rate of the political subdivision plus one-third of the difference obtained by
subtracting the political subdivision’s account reserve ratio from 1.5 times
the political subdivision’s benefit cost rate. The resulting rate shall be
rounded up to the nearest one-tenth of one percent. A political subdivision’s
rate shall be not less than one-tenth of one percent nor more than five
percent.
(4) The percentage rate
assigned to a political subdivision whose account has not been potentially
chargeable with benefits for each of the last four quarters ending on the
immediately preceding June 30 shall be the greater of one percent or 1.5 times
the aggregate benefit cost rate for the cost rate period ending on that June
30.
(5) Notwithstanding
subsections (3) and (4) of this section, a local government employer with an
account balance on June 30 that is less than five percent of the taxable wage
base currently in effect [shall]
may not be assigned a rate of:
(a) Less than two
percent if the payroll of the employer was less than $25,000 during the four
most recently completed calendar quarters; [or]
(b) Less than one
percent if the payroll of the employer was $25,000 or more but less than
$50,000 during the four most recently completed calendar quarters; [or]
(c) Less than one-half
of one percent if the payroll of the employer was $50,000 or more but less than
$100,000 during the four most recently completed calendar quarters; or
(d) Less than two-tenths
of one percent if the payroll of the employer was $100,000 or more during the
four most recently completed calendar quarters.
(6) Percentages
determined in subsections (3) to (5) of this section shall be applicable for
the four-calendar-quarter period beginning July 1 of the year immediately
following the determination.
(7)(a) In
addition to the payment made into the fund under subsections (1) to (6) of this
section, any political subdivision [which]
that has a negative account balance at the end of a calendar quarter and
had a negative account balance at the end of each of the three immediately
preceding calendar quarters shall make additional payments into the fund during
each of the next four calendar quarters. The additional payment required shall
be computed as follows, with all computations omitting cents:
[(a)] (A) Multiply the gross payroll
reported by the employer during the four most recent calendar quarters by the
current percentage rate of payment into the fund.
[(b)] (B) Subtract the amount of benefits attributable to the
employer that was reimbursed from the fund during the most recent four calendar
quarters from the product determined in [paragraph
(a) of this subsection] subparagraph (A) of this paragraph.
[(c)] (C) If the remainder obtained
in [paragraph (b) of this subsection]
subparagraph (B) of this paragraph is more than zero, subtract the
remainder from the negative balance of the account.
[(d)] (D) If the remainder in [paragraph (b) of this subsection]
subparagraph (B) of this paragraph is zero or less, make no adjustment to
the amount of the negative balance of the account.
[(e)] (E) Divide the amounts determined in either [paragraph (c) or (d) of this subsection]
subparagraph (C) or (D) of this paragraph by four. The resulting amount
shall be the additional payment required for each quarter.
(b) Only one such
determination shall be made in any four-quarter period. If the negative balance
is eliminated before the end of the four quarters in which the additional
payments were determined necessary, no further additional payments will be
required under this subsection.
(8) During the first
four calendar quarters in which a political subdivision is a participant in the
fund, additional payments shall be required if the account balance of the
political subdivision is negative at the end of any of the four quarters. The
additional payment shall be determined in the same manner described in
subsection (7) of this section except that the computation in subsection [(7)(a) and (b)]
(7)(a)(A) and (B) of this section shall include only those quarters in
which the political subdivision was a participant in the fund.
(9) Employers subject to
the provisions of this section may request a refund of amounts in excess of the
amount required to obtain the minimum contribution rate.
NOTE: Sets forth
full name of fund, inserts comma for readability and updates word choice in
(1); removes obsolete provision in (2); updates word choice and removes
superfluous conjunctions in (5); restructures (7) to eliminate blank slug
flush; corrects word choice in (7)(a); adjusts internal references in (7) and
(8) to reflect restructuring.
SECTION 93. ORS 319.510 is amended to read:
319.510. ORS 319.510 to
319.880 may be cited as the Use Fuel Tax Law [of 1943].
NOTE: Conforms short title to legislative style.
SECTION 94. ORS 342.144 is amended to read:
342.144. (1) As used in this section, “American Indian tribe” means an
Indian tribe as that term is defined in ORS 97.740.
(2) The Legislative
Assembly declares that teaching American Indian languages is essential to the
proper education of American Indian children.
(3) The Teacher
Standards and Practices Commission shall establish an American Indian languages
teaching license.
(4) Each American Indian
tribe may develop a written and oral test that must be successfully completed
by an applicant for an American Indian languages teaching license in order to
determine whether the applicant is qualified to teach the tribe’s native
language. When developing the test, the tribe shall determine:
(a) Which dialects will
be used on the test;
(b) Whether the tribe
will standardize the tribe’s writing system; and
(c) How the teaching
methods will be evaluated in the classroom.
(5) The test shall be
administered at an appropriate location that does not create hardship for the
tribal members administering the test.
(6) The commission may
not require an applicant to hold a specific academic degree, to complete a
specific amount of education or to complete a teacher education program to
receive an American Indian languages teaching license.
(7)(a) An American
Indian languages teaching license qualifies the holder to accept a teaching
position in a school district, public charter school, education service
district, community college or state institution of higher education.
(b) A holder of an
American Indian languages teaching license who does not also have a teaching
license issued under ORS 342.125 may not teach in a school district or
education service district any subject other than the American Indian language
[they are] the holder of the
license is approved to teach by the tribe.
(c) A holder of an
American Indian languages teaching license who does not also have a teaching
license or registration issued under ORS 342.125 may not teach in a public
charter school any subject other than the American Indian language [they are] the holder of the license
is approved to teach by the tribe.
(8)(a) As used in this
subsection, “technical assistance program” means a program provided to an
American Indian languages teacher by a licensed teacher with three or more
years of teaching experience. A technical assistance program may include direct
classroom observation and consultation, assistance in instructional planning
and preparation, support in implementation and delivery of classroom
instruction, and other assistance intended to enhance the professional
performance and development of the American Indian languages teacher.
(b) The holder of an
American Indian languages teaching license who does not also have an
administrative license, teaching license or registration issued under ORS
342.125 and who is employed by a school district, public charter school or
education service district shall participate in a technical assistance program
with a person holding a teaching license issued by the commission under ORS
342.125. The technical assistance program shall meet the guidelines specified
in ORS 329.815 (1) to (3).
(9) An American Indian
languages teaching license shall be valid for three years and may be renewed
upon application from the holder of the license.
NOTE: Corrects
pronoun-antecedent problem in (7)(b) and (c).
SECTION 95. ORS 348.280 is amended to read:
348.280. The Oregon
Student Assistance Commission shall:
(1) Determine which
students are eligible [beneficiaries]
to receive scholarships under ORS 348.270.
(2) Grant the
appropriate scholarships under ORS 348.270.
(3) Make necessary rules
for application and distribution of the benefits available under ORS 348.270
and this section.
(4) Establish rules and
procedures necessary to carry out the provisions of ORS 348.270 and this
section, including but not limited to the usual and customary rules for
analyzing financial need.
(5) In awarding
scholarships pursuant to its authority under ORS 348.520, [the
NOTE: Clarifies
benefit for which students are eligible in (1); corrects read-in problem and
word choice in (5).
SECTION 96. ORS 348.702 is amended to read:
348.702. (1) There is created within the Education Stability Fund the
Oregon Growth Account, to which shall be credited, in the manner provided in
subsection (2) of this section, 10 percent of the funds transferred under
section 4, Article XV of the Oregon Constitution, from the Administrative
Services Economic Development Fund to the Education Stability Fund. Separate
records shall be maintained for moneys in the Oregon Growth Account that are
available for the purposes specified in subsection (5) of this section. The
account may be credited with [such]
unrestricted appropriations, gifts, donations, grants or contract proceeds from
any source, with investments or funds from any source[,] and with returns on investments made from the account.
(2) The Oregon
Department of Administrative Services may credit to the Oregon Growth Account
from the first funds transferred in a fiscal year to the Education Stability
Fund under section 4, Article XV of the Oregon Constitution, an amount up to
the amount the department estimates to be 10 percent of the funds required to
be transferred to the Education Stability Fund for that fiscal year.
(3) If at the end of the
fiscal year the amount credited to the Oregon Growth Account under subsection
(2) of this section is less than or greater than 10 percent of the amount
required to be transferred under section 4, Article XV of the Oregon
Constitution, to the Education Stability Fund, the amount credited to the
Oregon Growth Account shall be adjusted in one of the following ways:
(a) The amount credited
to the account in the following fiscal year may be adjusted;
(b) Any excess may be
transferred from the Oregon Growth Account to the Education Stability Fund; or
(c) Any shortage may be
transferred from the Education Stability Fund to the Oregon Growth Account from
funds available for that purpose.
(4) Adjustments required
by subsection (3) of this section shall be made without consideration of any
interest or other earnings that have accrued during the fiscal year.
(5) The purpose of the
Oregon Growth Account is to earn returns for the Education Stability Fund by
making investments in or by providing seed capital for emerging growth
businesses in traded sector industries.
(6) The investment of
funds in the Oregon Growth Account shall be governed by the Oregon Growth
Account Board.
NOTE: Deletes
unnecessary word and serial comma in (1).
SECTION 97. ORS 351.086 is amended to read:
351.086. (1) Except as
otherwise provided in this chapter and ORS chapter 352, the provisions of ORS
chapters 240, [279,] 279A, 279B,
279C, 282 and 292 do not apply to the Oregon University System.
(2) Notwithstanding
subsection (1) of this section, ORS 240.167, 240.185, [279.835 to 279.855,] 279A.065 (2), 279B.055 (3), 279C.380 (1)(a)
and (3), 279C.600 to 279C.625, 279C.800, 279C.810, 279C.825, 279C.830,
279C.835, 279C.840, 279C.845, 279C.850, 279C.855, 279C.860, 279C.865, 279C.870
and 292.043 apply to the Oregon University System.
(3) Notwithstanding any
other law, the following provisions do not apply to the Oregon University
System:
(a) ORS 182.310 to
182.400;
(b) ORS 273.413 to
273.456;
(c) ORS 276.071 and
276.072; and
(d) ORS 291.038.
(4) Notwithstanding
subsection (3)(b) of this section, ORS 273.413 to
273.456 apply to any structure, equipment or asset owned by the Oregon
University System that is encumbered by a certificate of participation.
(5) In carrying out the
duties, functions and powers imposed by law upon the Oregon University System,
the State Board of Higher Education or the Chancellor of the Oregon University
System may contract with any public agency for the performance of such duties,
functions and powers as the Oregon University System considers appropriate.
NOTE: Removes
chapter reference in (1) rendered obsolete by restructuring of public
contracting law (see chapter 794, Oregon Laws 2003); removes corresponding
series reference in (2).
SECTION 98. ORS 351.890 is amended to read:
351.890. ORS 351.865 to
351.890 shall be known and cited as the [“]
Research Policy Act. [of 1983.”]
NOTE: Conforms short title to legislative style.
SECTION 99. ORS 367.171 is amended to read:
367.171. An indenture
under which grant anticipation revenue bonds are issued may provide for:
(1) The pledging of all
or a portion of the moneys described in ORS 367.173 to the payment of the
principal, interest, premium, if any, or the bond debt service of revenue bonds
issued under ORS 367.161 to 367.181;
(2) Requirements
concerning a particular series of revenue bonds issued under ORS 367.161 to
367.181;
(3) Requirements
concerning moneys described in ORS 367.173 and payment on outstanding revenue
bonds issued under ORS 367.161 to 367.181;
(4) A contractual
undertaking for the benefit of bondholders concerning assessment, levy
collection and deposit of moneys described in ORS 367.173;
(5) Provisions
concerning the registration of revenue bonds or the recording or filing of the
indenture;
(6) Provisions relating
to a reserve account[. Provisions under this subsection may
include, but are not limited to,] including, but not necessarily limited
to, provisions related to the amount required for an account and provisions
for replenishing the account from moneys described in ORS 367.173;
(7) Provisions
concerning trustees including, but not limited to:
(a) Establishing funds,
accounts or moneys described in ORS 367.173 over which the trustee will be
custodian; and
(b) Providing that a trustee
will be appointed; or
(8) Establishing the
maturation date of the revenue bonds.
NOTE: Corrects
punctuation in (6).
SECTION 100. ORS 377.727 is amended to read:
377.727. In addition to
the provisions of ORS 377.725, directional signs shall meet the following
requirements:
(1) The maximum area
shall be 150 square feet[;], the maximum height shall be 20 feet[;] and the maximum length shall be 20 feet. Dimensions and area
under this subsection shall be computed to include border and trim, but exclude
supports.
(2) No directional sign
may be located within 2,000 feet of an interchange or intersection at grade
along the interstate system or other freeway measured along the interstate
highway or freeway from the nearest point of the beginning or ending of
pavement widening at the exit from or entrance to the main traveled ways.
(3) No directional sign
may be located within 2,000 feet of a rest area, park land or scenic area.
(4) No directional sign
shall be located within one mile of any other directional sign facing the same
direction of travel.
(5) No more than two
directional signs pertaining to the same attraction or activity and facing in
the same direction of travel may be erected along a single route approaching
the attraction or activity.
(6) No directional signs
located adjacent to the interstate system shall be located more than 75 air
miles from the attraction or activity.
(7) The message on a
directional sign shall be limited to identification and name of the attraction
or activity and directional information useful to the traveler in locating the
attraction, such as mileage, route number or exit numbers. Descriptive words or
phrases describing the activity or its environs are prohibited. However, one
standard size graphic may be placed on each sign if not prohibited by federal
statutes or regulations.
(8) Privately owned
activities or attractions eligible for directional signing are limited to [the following:] natural phenomena,
scenic attractions, historic, educational, cultural, scientific and religious
sites, and outdoor recreational areas.
(9) To be eligible for
directional signing, privately owned attractions or activities must be
nationally or regionally known[,] and of outstanding interest to the traveling public. The
Department of Transportation shall, by rule, develop specific selection methods
and criteria to be used in determining whether [or not] an activity qualifies for directional signing. Because
viticultural areas defined by the Bureau of Alcohol, Tobacco,[and] Firearms and Explosives are
scenic attractions and cultural sites that are regionally known and of
outstanding interest to the traveling public, viticultural areas meet the
qualifications under this subsection and subsection (8) of this section for
directional signing.
(10) The Department of
Transportation shall adopt such rules as it deems necessary to carry out the
provisions of this section.
NOTE: Conforms
punctuation to legislative style in (1) and (8); strikes errant comma, excises
unnecessary verbiage and corrects name of renamed federal agency in (9).
SECTION 101. ORS 390.715 is amended to read:
390.715. (1) The State
Parks and Recreation Department may issue permits under ORS 390.650 to 390.659
for pipelines, cable lines and other conduits across and under the ocean shore,
state recreation areas and the submerged lands adjacent to the ocean shore,
upon payment of just compensation by the permittee. [Such] A permit issued under this subsection is not a
sale or lease of tide and overflow lands within the scope of ORS 274.040.
(2) Whenever the
issuance of a permit under subsection (1) [hereof]
of this section will affect lands owned privately, the State Parks and
Recreation Department shall withhold the issuance of [such] the permit until [such
time as] the permittee [shall have
obtained] obtains from the private owner an easement, license or
other written authorization [from the
private owner, which easement, license or other written authority must meet]
that meets the approval of the State Parks and Recreation Department,
except as to the compensation to be paid to the private owner.