74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3017
House Bill 3536
Sponsored by Representative RICHARDSON; Representatives BRUUN,
BUTLER, DALLUM, FLORES, GILMAN, HANNA, KRIEGER, MINNIS, SCOTT,
WHISNANT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes legislative findings that many individuals have
significant personal, emotional and economic relationships with
other individuals, but are prohibited from marrying.
Sets requirements for two adults who are legally prohibited
from marrying to enter into reciprocal beneficiary agreement.
Requires Director of Human Services to register reciprocal
beneficiary agreement and issue certificate of reciprocal
beneficiary agreement. Provides for termination of agreement.
Extends certain legal rights and obligations to reciprocal
beneficiaries.
A BILL FOR AN ACT
Relating to human rights; creating new provisions; and amending
ORS 18.395, 18.428, 18.845, 18.896, 18.908, 21.310, 30.020,
36.476, 40.255, 41.580, 59.350, 59.535, 60.801, 60.825, 62.430,
79.0102, 86.705, 86.735, 87.527, 87.539, 93.180, 93.915,
95.200, 97.082, 97.130, 97.570, 97.580, 97.600, 97.630, 97.954,
97.966, 105.965, 107.705, 107.718, 111.005, 112.025, 112.035,
112.045, 112.305, 112.315, 112.735, 112.745, 112.755, 112.775,
113.085, 114.005, 114.015, 114.025, 114.035, 114.055, 114.085,
114.105, 114.115, 114.125, 114.135, 114.145, 114.155, 114.215,
114.335, 114.355, 115.115, 115.125, 116.013, 116.113, 116.133,
124.020, 124.100, 125.060, 125.200, 125.221, 125.320, 125.450,
125.455, 127.515, 127.520, 127.531, 127.545, 127.550, 127.635,
127.727, 127.730, 127.736, 127.810, 127.897, 130.655, 135.050,
135.230, 136.655, 144.102, 144.270, 146.035, 146.125, 147.005,
161.270, 163.375, 163.405, 163.730, 163.735, 164.035, 164.164,
167.017, 167.027, 192.526, 197.352, 197.756, 215.213, 215.283,
215.705, 238.005, 238.055, 238.305, 238.325, 238.400, 238.405,
238.410, 238.415, 238.462, 238.465, 238.565, 238.575, 238.607,
238A.190, 238A.230, 238A.410, 243.105, 243.291, 243.954,
243.956, 243.969, 244.020, 244.135, 246.310, 253.530, 253.540,
253.565, 254.476, 260.007, 292.110, 293.490, 307.250, 307.260,
307.270, 307.380, 310.630, 310.652, 311.645, 311.670, 311.681,
311.688, 311.690, 311.695, 311.706, 311.721, 311.722, 311.723,
315.163, 321.349, 409.290, 409.292, 411.117, 411.610, 411.650,
411.708, 411.802, 411.803, 416.310, 418.050, 418.140, 418.712,
418.800, 419B.040, 426.180, 426.231, 426.232, 427.330, 432.121,
436.245, 436.255, 441.605, 461.250, 461.700, 471.396, 471.752,
474.035, 497.006, 646.435, 646.445, 646.857, 650.162, 650.225,
652.190, 652.330, 653.020, 653.022, 654.005, 654.200, 654.325,
656.005, 656.027, 656.154, 656.156, 656.204, 656.208, 656.313,
657.030, 657.044, 657.060, 657.255, 658.405, 659A.001,
659A.150, 659A.190, 663.005, 671.525, 696.030, 701.035,
702.005, 708A.430, 708A.655, 722.262, 722.660, 723.466,
723.532, 723.844, 726.990, 732.325, 735.615, 735.700, 735.720,
742.504, 743.027, 743.201, 743.210, 743.405, 743.435, 743.693,
743.730, 744.073, 746.065, 746.611, 756.026, 756.028, 805.110,
805.208, 807.020 and 823.007 and ORCP 44 A.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2007 Act:
(1) 'Reciprocal beneficiaries' means two adults who are parties
to a valid reciprocal beneficiary agreement, who meet the
requirements for a valid reciprocal beneficiary agreement under
section 4 of this 2007 Act and who have been issued a certified
copy of their reciprocal beneficiary agreement by the Director of
Human Services under section 5 of this 2007 Act.
(2) 'Reciprocal beneficiary agreement' means an agreement, in a
form prescribed by the director, between two adults to be
reciprocal beneficiaries. + }
SECTION 2. { + The purpose of sections 1 to 7 of this 2007 Act
is to extend certain rights and obligations to two adults who
have entered into a reciprocal beneficiary agreement and who are
legally prohibited from marrying each other under ORS chapter
106. + }
SECTION 3. { + (1) The Legislative Assembly finds that the
people of Oregon have chosen to preserve the tradition of
marriage as a unique social institution between one man and one
woman. As such, marriages are subject to restrictions, such as
the prohibition under ORS 106.020 of a marriage between parties
who are first cousins or any nearer of kin to each other.
(2) The Legislative Assembly acknowledges that many individuals
have significant personal, emotional and economic relationships
with other individuals, but are prohibited by law from marrying
each other. Examples of such individuals include two individuals
who are related to each other, such as a widowed mother and her
unmarried son, or two unrelated adults of the same gender.
(3) The Legislative Assembly finds that certain rights and
obligations should be extended to two adults who have entered
into a reciprocal beneficiary agreement and who are legally
prohibited from marrying each other. + }
SECTION 4. { + To enter into a valid reciprocal beneficiary
agreement:
(1) Each party must be at least 18 years of age;
(2) Neither party may be married or a party to another
reciprocal beneficiary agreement;
(3) The parties may not be eligible to marry each other under
ORS chapter 106;
(4) Each party must consent to the reciprocal beneficiary
agreement, and the consent of a party may not be obtained by
force, duress or fraud; and
(5) Each party must sign, have notarized and file a reciprocal
beneficiary agreement form as provided in section 5 of this 2007
Act. + }
SECTION 5. { + (1) Two individuals who meet the requirements
of section 4 (1) to (4) of this 2007 Act may enter into a
reciprocal beneficiary agreement and register their reciprocal
beneficiary agreement by filing a signed, notarized reciprocal
beneficiary agreement form with the Director of Human Services.
(2) The director shall prescribe a form for the agreement and
shall set and collect a fee for filing the agreement. The
director shall submit the fee to the State Treasurer for deposit
in the General Fund.
(3) Upon receipt of a signed, notarized agreement and the
filing fee, the director shall register the agreement and issue a
certified copy of the agreement to each party named in the
agreement. The director shall maintain a record of each
reciprocal beneficiary agreement filed with the director. + }
SECTION 6. { + Upon issuance of a certified copy of the
reciprocal beneficiary agreement as provided in section 5 of this
2007 Act, the rights and obligations extended by law to
reciprocal beneficiaries are extended to the parties named in the
agreement. Unless otherwise expressly provided by law,
reciprocal beneficiaries do not have the same rights and
obligations under law that are extended through marriage under
ORS chapter 106. + }
SECTION 7. { + (1) A party to a reciprocal beneficiary
agreement may terminate the agreement by filing a signed,
notarized declaration of termination of the reciprocal
beneficiary agreement with the Director of Human Services. Upon
termination of the reciprocal beneficiary agreement, unless
otherwise provided for by law, the rights and obligations
extended to reciprocal beneficiaries are no longer extended to
the parties to the agreement.
(2) The director shall prescribe a form for the declaration of
termination and shall set and collect a fee for filing the
declaration. The director shall submit the fee to the State
Treasurer for deposit in the General Fund.
(3) Upon receipt of a signed, notarized declaration of
termination and the filing fee, the director shall register the
declaration of termination and provide a certified copy of the
declaration of termination to each party named on the
declaration. The director shall maintain a record of each
declaration of termination filed with the director.
(4) When a marriage license is issued under ORS 106.077 to a
party to a reciprocal beneficiary agreement, or when a party to a
reciprocal beneficiary agreement enters into a legal marriage
contract, the reciprocal beneficiary agreement is terminated. + }
SECTION 8. { + A reciprocal beneficiary, as defined in section
1 of this 2007 Act, has the same visitation privileges in a
health care facility, as defined in ORS 442.015, as the
visitation privileges enjoyed by a member of a patient's
family. + }
SECTION 9. ORS 18.395 is amended to read:
18.395. (1) A homestead shall be exempt from sale on execution,
from the lien of every judgment and from liability in any form
for the debts of the owner to the amount in value of $30,000,
except as otherwise provided by law. The exemption shall be
effective without the necessity of a claim thereof by the
judgment debtor. When two or more members of a household are
debtors whose interests in the homestead are subject to sale on
execution, the lien of a judgment or liability in any form, their
combined exemptions under this section shall not exceed $39,600.
The homestead must be the actual abode of and occupied by the
owner, or the owner's spouse, { + reciprocal beneficiary as
defined in section 1 of this 2007 Act, + } parent or child, but
the exemption shall not be impaired by:
(a) Temporary removal or temporary absence with the intention
to reoccupy the same as a homestead;
(b) Removal or absence from the property; or
(c) The sale of the property.
(2) The exemption shall extend to the proceeds derived from
such sale to an amount not exceeding $30,000 or $39,600,
whichever amount is applicable under subsection (1) of this
section, if the proceeds are held for a period not exceeding one
year and held with the intention to procure another homestead
therewith.
(3) The exemption period under subsection (1)(b) and (c) of
this section shall be one year from the removal, absence or sale,
whichever occurs first.
(4) When the owner of a homestead has been granted a discharge
in bankruptcy or has conveyed the homestead property, the value
thereof, for the purpose of determining a leviable interest in
excess of the homestead exemption, shall be the value on the date
of the petition in bankruptcy, whether the value is determined in
the bankruptcy proceedings or not, or on the date the conveyance
becomes effective, whichever shall first occur. However, with
respect to judgments not discharged in the bankruptcy, or entered
against the owner after discharge, the value on the effective
date of conveyance shall be controlling.
(5) Except as provided in subsection (7) of this section,
{ - no - } { + a + } homestead that is the actual abode of
and occupied by the judgment debtor, or that is the actual abode
of and occupied by a spouse, { + reciprocal beneficiary, + }
dependent parent or dependent child of the judgment debtor,
{ - shall - } { + may not + } be sold on execution to satisfy
a judgment that at the time of entry does not exceed $3,000.
However, such judgment shall remain a lien upon the real
property, and the property may be sold on execution:
(a) At any time after the sale of the property by the judgment
debtor; and
(b) At any time after the property is no longer the actual
abode of and occupied by the judgment debtor or the spouse, { +
reciprocal beneficiary, + } dependent parent or dependent child
of the judgment debtor.
(6) The limitation on execution sales imposed by subsection (5)
of this section is not impaired by temporary removal or temporary
absence with the intention to reoccupy the property as a
homestead.
(7) The limitation on execution sales imposed by subsection (5)
of this section does not apply if two or more judgments are owing
to a single judgment creditor and the total amount owing to the
judgment creditor, determined by adding the amount of each
individual judgment as of the date the judgment was entered, is
greater than $3,000.
(8) Upon the issuance of an order authorizing sale as required
by ORS 18.904, and in conformance with subsection (5) of this
section, the sheriff may proceed to sell the property. If the
homestead exemption applies, the sheriff shall pay the homestead
owner out of the proceeds the sum of $30,000 or $39,600,
whichever is applicable, and apply the balance of the proceeds on
the execution. However, no sale shall be made where the homestead
exemption applies unless the sum bid for the homestead is in
excess of the sum of the costs of sale and $30,000 or $39,600,
whichever is applicable. If no such bid is received, the expense
of the sale shall be borne by the petitioner.
(9) The homestead exemption provided by this section applies to
a purchaser's interest under a land sale contract, as defined by
ORS 18.960.
SECTION 10. ORS 18.428 is amended to read:
18.428. (1) Except as otherwise provided by law, a manufactured
dwelling or floating home and the property upon which the
manufactured dwelling or floating home is situated are exempt
from execution and from liability in any form for the debts of
the owner to the value of $23,000 if the manufactured dwelling or
floating home is the actual abode of and occupied by the owner,
or by the spouse, { + reciprocal beneficiary as defined in
section 1 of this 2007 Act, + } parent or child of the owner, the
manufactured dwelling or floating home is occupied as a sole
residence and no other homestead exemption exists. When two or
more members of a household are debtors whose interests in the
homestead are subject to sale on execution, the lien of a
judgment or liability in any form, their combined exemptions
under this section may not exceed $30,000. The exemption shall be
effective without the necessity of a claim thereof by the
judgment debtor.
(2) The exemption provided for in subsection (1) of this
section is not impaired by temporary removal or absence with the
intention to reoccupy the manufactured dwelling or floating home
as a home, nor by the sale thereof, but shall extend to the
proceeds derived from such sale up to $23,000 or $30,000,
whichever amount is applicable under subsection (1) of this
section, while the proceeds are held for a period not exceeding
one year and with the intention to procure another homestead with
those proceeds.
(3) Upon the issuance of an order authorizing sale as required
by ORS 18.904, the sheriff may proceed to sell the premises and,
if the homestead exemption applies, out of the proceeds pay the
owner the sum of $23,000 or $30,000, whichever amount is
applicable under subsection (1) of this section, and apply the
balance of the proceeds on the execution. However, no sale shall
be made where the homestead exemption applies unless the sum bid
for the property is in excess of the sum of the costs of sale and
$23,000 or $30,000, whichever amount is applicable. If no such
bid is received, the expense of the sale shall be borne by the
petitioner.
(4) The provisions of subsections (1), (2), (3) and (7) of this
section do not apply to:
(a) Construction liens for work, labor or material done or
furnished exclusively for the improvement of the manufactured
dwelling or floating home;
(b) Purchase money liens;
(c) Mortgages;
(d) Executions issued on a judgment recovered for the purchase
price; or
(e) The enforcement of a seller's rights under a land sale
contract, as defined in ORS 18.960.
(5) If a debtor owns a manufactured dwelling or floating home
but not the property upon which the manufactured dwelling or
floating home is situated, subsections (1), (2), (3) and (4) of
this section apply, but the value of the debtor's interest exempt
from execution and liability may not exceed $20,000 for an
individual debtor, or $27,000 when two or more members of a
household are debtors whose interests in the homestead are
subject to execution or liability in any form.
(6) When the owner of a homestead under this section has been
granted a discharge in bankruptcy or has conveyed the property,
the value thereof, for the purpose of determining a leviable
interest in excess of the homestead exemption, shall be the value
on the date of the petition in bankruptcy, whether the value is
determined in the bankruptcy proceedings or not, or on the date
the conveyance becomes effective, whichever shall first occur.
(7) Except as provided in subsection (9) of this section, a
manufactured dwelling or floating home, and the property upon
which the manufactured dwelling or floating home is situated,
that is the actual abode of and occupied by the judgment debtor,
or that is the actual abode of and occupied by a spouse, { +
reciprocal beneficiary, + } dependent parent or dependent child
of the judgment debtor, may not be sold on execution to satisfy a
judgment that at the time of entry does not exceed $3,000. The
judgment shall remain a lien upon the real property owned by the
judgment debtor and upon which the manufactured dwelling or
floating home is situated, and the manufactured dwelling or
floating home and real property upon which the manufactured
dwelling or floating home is situated may be sold on execution:
(a) At any time after the sale of the manufactured dwelling or
floating home by the judgment debtor, or the sale of the real
property on which the manufactured dwelling or floating home is
situated by the judgment debtor; or
(b) At any time after the manufactured dwelling or floating
home is no longer the actual abode of and occupied by the
judgment debtor or the spouse, { + reciprocal beneficiary, + }
dependent parent or dependent child of the judgment debtor.
(8) The limitation on execution sales imposed by subsection (7)
of this section is not impaired by temporary removal or absence
with the intention to reoccupy the manufactured dwelling,
floating home and property as a home.
(9) The limitation on execution sales imposed by subsection (7)
of this section does not apply if two or more judgments are owing
to a single judgment creditor and the total amount owing to the
judgment creditor, determined by adding the amount of each
individual judgment as of the date the judgment was entered, is
greater than $3,000.
(10) As used in this section:
(a) 'Floating home' has the meaning given that term in ORS
830.700.
(b) 'Manufactured dwelling' has the meaning given that term in
ORS 446.003.
SECTION 11. 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) occupied by
you, or occupied by your spouse, { + reciprocal beneficiary as
defined in section 1 of this 2007 Act, + } parent or child. The
value of the homestead is exempt up to the following amounts:
(a) For a mobile home or houseboat located on land that is not
owned by you, $20,000. If you jointly own the mobile home or
houseboat with another person who is also liable on the debt,
$27,000.
(b) For a mobile home or houseboat located on land that is
owned by you, $23,000. If you jointly own the mobile home or
houseboat 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.
_________________________________________________________________
SECTION 12. 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 _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)CHALLENGE TO
Plaintiff, )EXECUTION
)
vs. )Case No. ___
)
____
)
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ONLY TO
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:
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____
Name _____
Signature ____
Signature ____
Address ____
Address ____
________
________
Telephone Telephone
Number ____
Number ____
(Required) (Required)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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) occupied by
you, or occupied by your spouse, { + reciprocal beneficiary as
defined in section 1 of this 2007 Act, + } parent or child. The
value of the homestead is exempt up to the following amounts:
(a) For a mobile home or houseboat located on land that is not
owned by you, $20,000. If you jointly own the mobile home or
houseboat with another person who is also liable on the debt,
$27,000.
(b) For a mobile home or houseboat located on land that is
owned by you, $23,000. If you jointly own the mobile home or
houseboat 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.
_________________________________________________________________
SECTION 13. ORS 18.908 is amended to read:
18.908. (1) At least 10 days before the hearing on a motion
filed under ORS 18.906, the judgment creditor must:
(a) Serve the judgment debtor in the manner provided by ORCP 7
with a copy of the motion and the supporting affidavit, and with
a notice of the time and place of the hearing; and
(b) Send a copy of the motion and the notice by first class
mail to the property at the mailing address for the property.
(2) The notice required by subsection (1) of this section must
be in substantially the following form:
_________________________________________________________________
NOTICE OF HEARING ON SHERIFF'S
SALE OF YOUR PROPERTY
This is to notify you that ___ has asked the court to order the
sheriff to sell property located at ______ to satisfy a judgment
against ___.
Before deciding whether to order the sale, the court will hold
a hearing on ___, 2__, at ____ a.m./p.m., in Room ___, ____.
The law provides that property is your homestead if the
property is actually used as a home by you, your spouse, { +
your reciprocal beneficiary as defined in section 1 of this 2007
Act, + } a dependent parent or a dependent child. If you are
temporarily absent from the property but intend to move back in,
the property is still your homestead.
The law provides that if the property is your homestead, then
$___ of its value ($___ for a manufactured dwelling if you do not
own the property where the dwelling is located) may not be taken
to satisfy a judgment against you. In addition, a homestead
usually may not be sold to satisfy a judgment for $3,000 or less.
The law provides that property may be sold despite the fact
that it is your homestead and all of its value may be taken to
satisfy a judgment against you if the judgment is for child
support.
IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF'S SALE, YOU
SHOULD COME TO THE COURT HEARING.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
If you do not own this property, please give this notice and
the papers served with it to the owner.
_________________________________________________________________
SECTION 14. ORS 21.310, as amended by section 31, chapter 702,
Oregon Laws 2005, is amended to read:
21.310. (1) Except as provided in ORS 114.515, in a court
having probate jurisdiction, the clerk of the court shall charge
and collect the following fees for the filing of the initial
papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and
contest of wills, or in any conservatorship proceeding:
_________________________________________________________________
Where the amount of the estate is:
1. Not more than $10,000-a fee of $23.
2. More than $10,000 and not more than $25,000-a fee of $77.
3. More than $25,000 and not more than $50,000-a fee of $154.
4. More than $50,000 and not more than $100,000-a fee of $231.
5. More than $100,000 and not more than $500,000-a fee of $308.
6. More than $500,000 and not more than $1,000,000-a fee of
$385.
7. More than $1,000,000-a fee of $462.
_________________________________________________________________
(2) In determining fees under subsection (1) of this section in
a probate proceeding, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse { + , surviving reciprocal beneficiary as defined in
section 1 of this 2007 Act + } or dependents is not part of the
estate.
(3) In a court having probate jurisdiction, the clerk shall
charge and collect a fee of $23 for the filing of the initial
papers in any guardianship proceeding.
(4) In a court having probate jurisdiction, the clerk shall
charge and collect a fee of $8 at the time of filing a will
without a petition for probate.
(5) At the time of filing any answer, motion or objection in a
probate proceeding or protective proceeding under ORS chapter
125, the party filing the answer, motion or objection shall pay a
fee of $19 to the clerk.
(6) A paper or pleading shall be filed by the clerk only if the
fee required under this section is paid or if a request for a fee
waiver or deferral is granted by the court.
(7) In any probate proceeding or protective proceeding under
ORS chapter 125 in a court having probate jurisdiction, the clerk
shall charge and collect in advance from the party having the
affirmative of the issue, at the time the proceeding comes on for
trial or hearing upon the issues of fact or law involved therein,
a trial or hearing fee of $39.
SECTION 15. ORS 30.020 is amended to read:
30.020. (1) When the death of a person is caused by the
wrongful act or omission of another, the personal representative
of the decedent, for the benefit of the decedent's surviving
spouse, { + surviving reciprocal beneficiary as defined in
section 1 of this 2007 Act, + } surviving children, surviving
parents and other individuals, if any, who under the law of
intestate succession of the state of the decedent's domicile
would be entitled to inherit the personal property of the
decedent, and for the benefit of any stepchild or stepparent
whether that stepchild or stepparent would be entitled to inherit
the personal property of the decedent or not, may maintain an
action against the wrongdoer, if the decedent might have
maintained an action, had the decedent lived, against the
wrongdoer for an injury done by the same act or omission. The
action shall be commenced within three years after the injury
causing the death of the decedent is discovered or reasonably
should have been discovered by the decedent, by the personal
representative or by a person for whose benefit the action may be
brought under this section if that person is not the wrongdoer.
In no case may an action be commenced later than the earliest of:
(a) Three years after the death of the decedent; or
(b) The longest of any other period for commencing an action
under a statute of ultimate repose that applies to the act or
omission causing the injury, including but not limited to the
statutes of ultimate repose provided for in ORS 12.110 (4),
12.115, 12.135, 12.137 and 30.905.
(2) In an action under this section damages may be awarded in
an amount which:
(a) Includes reasonable charges necessarily incurred for
doctors' services, hospital services, nursing services, other
medical services, burial services and memorial services rendered
for the decedent;
(b) Would justly, fairly and reasonably have compensated the
decedent for disability, pain, suffering and loss of income
during the period between injury to the decedent and the
decedent's death;
(c) Justly, fairly and reasonably compensates for pecuniary
loss to the decedent's estate;
(d) Justly, fairly and reasonably compensates the decedent's
spouse, { + reciprocal beneficiary, + } children, stepchildren,
stepparents and parents for pecuniary loss and for loss of the
society, companionship and services of the decedent; and
(e) Separately stated in finding or verdict, the punitive
damages, if any, which the decedent would have been entitled to
recover from the wrongdoer if the decedent had lived.
(3) For the purposes of this section:
(a) Two persons shall be considered to have a
stepchild-stepparent relationship if one of the biological
parents of the stepchild, while the stepchild is a minor and in
the custody of this first biological parent, marries the
stepparent who is not the second biological parent or the
adoptive parent of the stepchild;
(b) The stepchild-stepparent relationship shall remain in
effect even though the stepchild is older than the age of
majority or has been emancipated;
(c) The stepchild-stepparent relationship shall remain in
effect even though one or both of the biological parents of the
stepchild die; and
(d) The stepchild-stepparent relationship shall end upon the
divorce of the biological parent and the stepparent.
SECTION 16. ORS 36.476 is amended to read:
36.476. (1) Except as otherwise provided in ORS 36.450 to
36.558, all persons whose names have been submitted for
consideration for appointment or designation as arbitrators or
conciliators, or who have been appointed or designated as such,
shall, within 15 days, make a disclosure to the parties of any
information which might cause their impartiality to be questioned
including, but not limited to, any of the following instances:
(a) The person has a personal bias or prejudice concerning a
party or personal knowledge of the disputed evidentiary facts
concerning the proceeding.
(b) The person served as a lawyer in the matter in controversy,
or the person is or has been associated with another who has
participated in the matter during such association, or the person
has been a material witness concerning it.
(c) The person served as an arbitrator or conciliator in
another proceeding involving one or more of the parties to the
proceeding.
(d) The person, individually or as a fiduciary, or the person's
spouse { + , reciprocal beneficiary as defined in section 1 of
this 2007 Act, + } { - or - } minor child { - , - } or
anyone residing in the person's household, has a financial
interest in the subject matter in controversy or in a party to
the proceeding, or any other interest that could be substantially
affected by the outcome of the proceeding.
(e) The person, the person's spouse { + , reciprocal
beneficiary + } or minor child, anyone residing in the person's
household, any individual within the third degree of relationship
to any of them, or the spouse { + or reciprocal beneficiary + }
of any of them, meets any of the following conditions:
(A) The person is or has been a party to the proceeding, or an
officer, director or trustee of a party.
(B) The person is acting or has acted as a lawyer in the
proceeding.
(C) The person is known to have an interest that could be
substantially affected by the outcome of the proceeding.
(D) The person is likely to be a material witness in the
proceeding.
(f) The person has a close personal or professional
relationship with a person who meets any of the following
conditions:
(A) The person is or has been a party to the proceeding, or an
officer, director or trustee of a party.
(B) The person is acting or has acted as a lawyer or
representative in the proceeding.
(C) The person is or expects to be nominated as an arbitrator
or conciliator in the proceedings.
(D) The person is known to have an interest that could be
substantially affected by the outcome of the proceeding.
(E) The person is likely to be a material witness in the
proceeding.
(2) The obligation to disclose information set forth in
subsection (1) of this section is mandatory and cannot be waived
by the parties with respect to persons serving either as the sole
arbitrator or sole conciliator or as one of two arbitrators or
conciliators or as the chief or prevailing arbitrator or
conciliator. The parties may otherwise agree to waive such
disclosure.
(3) From the time of appointment and throughout the arbitral
proceedings, an arbitrator shall, without delay, disclose to the
parties any circumstances referred to in subsection (1) of this
section which were not previously disclosed.
(4) Unless otherwise agreed by the parties or allowed by the
rules governing the arbitration, an arbitrator may be challenged
only if circumstances exist that give rise to justifiable doubts
as to the independence or impartiality of the arbitrator, or as
to possession of the qualifications upon which the parties have
agreed.
(5) A party may challenge an arbitrator appointed by it, or in
whose appointment it has participated, only for reasons of which
it becomes aware after the appointment has been made.
SECTION 17. ORS 40.255 is amended to read:
40.255. (1) As used in this section, unless the context
requires otherwise:
(a) 'Confidential communication' means { + :
(A) + } A communication by a spouse to the other spouse and not
intended to be disclosed to any other person { + ; or
(B) A communication by a reciprocal beneficiary, as defined in
section 1 of this 2007 Act, to the other reciprocal beneficiary
and not intended to be disclosed to any other person + }.
(b) 'Marriage' means a marital relationship between husband and
wife, legally recognized under the laws of this state.
(2) In any civil or criminal action { - , - } { + :
(a) + } A spouse has a privilege to refuse to disclose and to
prevent the other spouse from disclosing any confidential
communication made by one spouse to the other during the
marriage. The privilege created by this { - subsection - }
{ + paragraph + } may be claimed by either spouse. The authority
of the spouse to claim the privilege and the claiming of the
privilege is presumed in the absence of evidence to the contrary.
{ + (b) A reciprocal beneficiary has a privilege to refuse to
disclose and to prevent the other reciprocal beneficiary from
disclosing any confidential communication made by one reciprocal
beneficiary to the other during the reciprocal beneficiary
agreement. The privilege created by this paragraph may be claimed
by either reciprocal beneficiary. The authority of the reciprocal
beneficiary to claim the privilege and the claiming of the
privilege is presumed in the absence of evidence to the
contrary. + }
(3) In any criminal proceeding { - , - } { + :
(a) + } Neither spouse, during the marriage, { - shall - }
{ + may + } be examined adversely against the other as to any
other matter occurring during the marriage unless the spouse
called as a witness consents to testify.
{ + (b) Neither reciprocal beneficiary, during the reciprocal
beneficiary agreement, may be examined adversely against the
other as to any other matter occurring during the reciprocal
beneficiary agreement unless the reciprocal beneficiary called as
a witness consents to testify. + }
(4) There is no privilege under this section:
(a) In all criminal actions in which one spouse is charged with
bigamy or with an offense or attempted offense against the person
or property of the other spouse or of a child of either, or with
an offense against the person or property of a third person
committed in the course of committing or attempting to commit an
offense against the other spouse;
{ + (b) In all criminal actions in which one reciprocal
beneficiary is charged with an offense or attempted offense
against the person or property of the other reciprocal
beneficiary or of a child of either, or with an offense against
the person or property of a third person committed in the course
of committing or attempting to commit an offense against the
other reciprocal beneficiary; + }
{ - (b) - } { + (c) + } As to matters occurring prior to
the marriage { + or reciprocal beneficiary agreement + }; or
{ - (c) - } { + (d) + } In any civil action where the
spouses { + or reciprocal beneficiaries + } are adverse parties.
SECTION 18. ORS 41.580 is amended to read:
41.580. (1) In the following cases the agreement is void unless
it, or some note or memorandum thereof, expressing the
consideration, is in writing and subscribed by the party to be
charged, or by the lawfully authorized agent of the party;
evidence, therefore, of the agreement shall not be received other
than the writing, or secondary evidence of its contents in the
cases prescribed by law:
(a) An agreement that by its terms is not to be performed
within a year from the making.
(b) An agreement to answer for the debt, default or miscarriage
of another.
(c) An agreement by an executor or administrator to pay the
debts of the testator or intestate out of the estate of the
executor or administrator.
(d) An agreement made upon consideration of marriage, other
than a mutual promise to marry.
{ + (e) An agreement made upon consideration of a reciprocal
beneficiary agreement, as defined in section 1 of this 2007 Act,
other than a mutual promise to enter into a reciprocal
beneficiary agreement. + }
{ - (e) - } { + (f) + } An agreement for the leasing for a
longer period than one year, or for the sale of real property, or
of any interest therein.
{ - (f) - } { + (g) + } An agreement concerning real
property made by an agent of the party sought to be charged
unless the authority of the agent is in writing.
{ - (g) - } { + (h) + } An agreement authorizing or
employing an agent or broker to sell or purchase real estate for
a compensation or commission; but if the note or memorandum of
the agreement is in writing and subscribed by the party to be
charged, or by the lawfully authorized agent of the party, and
contains a description of the property sufficient for
identification, and authorizes or employs the agent or broker to
sell the property, and expresses with reasonable certainty the
amount of the commission or compensation to be paid, the
agreement shall not be void for failure to state a consideration.
{ - (h) - } { + (i) + } An agreement, promise or commitment
to lend money, to otherwise extend credit, to forbear with
respect to the repayment of any debt payable in money, to modify
or amend the terms under which the person has lent money or
otherwise extended credit, to release any guarantor or cosigner
or to make any other financial accommodation pertaining to an
existing debt or other extension of credit. This paragraph does
not apply:
(A) If no party to the agreement, promise or commitment is a
financial institution as defined in ORS 706.008, a consumer
finance company licensed under ORS chapter 725 or a mortgage
banker as defined in ORS 59.840; or
(B) To a loan of money or extension of credit to a natural
person which is primarily for personal, family or household
purposes and not for business or agricultural purposes or which
is secured solely by residential property consisting of one to
four dwelling units, one of which is the primary residence of the
debtor.
(2)(a) Except as provided in this subsection, defenses and
exceptions created by provisions of the Oregon Revised Statutes
or recognized by the courts of this state do not apply to
subsection
{ - (1)(h) - } { + (1)(i) + } of this section.
(b) An agreement, promise or commitment which does not satisfy
the requirements of subsection { - (1)(h) - } { + (1)(i) + }
of this section, but which is valid in other respects, is
enforceable if the party against whom enforcement is sought
admits in the party's pleading, testimony or otherwise in court
that the agreement, promise or commitment was made. The agreement
is not enforceable under this paragraph beyond the dollar amount
admitted.
(c) Nothing in subsection { - (1)(h) - } { + (1)(i) + } of
this section precludes a party from seeking to prove the
modification of any term relating to the time of repayment.
(3)(a) If a financial institution as defined in ORS 706.008, a
consumer finance company licensed under ORS chapter 725 or a
mortgage banker as defined in ORS 59.840 lends money or extends
credit, and subsection { - (1)(h) - } { + (1)(i) + } of this
section applies to the loan or extension of credit, the financial
institution, consumer finance company or mortgage banker shall,
not later than the time the loan or extension of credit is
initially made, include within the loan or credit document, or
within a separate document which identifies the loan or extension
of credit, a statement which is underlined or in at least
10-point bold type and which is substantially to the following
effect:
_________________________________________________________________
Under Oregon law, most agreements, promises and commitments
made by us concerning loans and other credit extensions which are
not for personal, family or household purposes or secured solely
by the borrower's residence must be in writing, express
consideration and be signed by us to be enforceable.
_________________________________________________________________
(b) The financial institution, consumer finance company or
mortgage banker shall obtain the borrower's signature on the
original document described in paragraph (a) of this subsection
and shall give the borrower a copy.
SECTION 19. ORS 59.350 is amended to read:
59.350. For purposes of ORS 59.005 to 59.451, 59.660 to 59.830,
59.991 and 59.995:
(1) A transaction { - with a husband and wife - } is treated
as a transaction with one person { + if the transaction is with
a husband and wife or with two persons in a reciprocal
beneficiary agreement, as defined in section 1 of this 2007
Act + }. The securities may be held jointly or individually.
(2) A transaction with an entity is treated as a transaction
with one person. However, if an entity is formed substantially
for the purpose of acquiring the securities that are offered,
each security holder shall be counted as a separate person.
SECTION 20. ORS 59.535 is amended to read:
59.535. For the purposes of ORS 59.535 to 59.585, unless the
context otherwise requires:
(1) 'Beneficiary form' means a registration of a security which
indicates the present owner of the security and the intention of
the owner regarding the person who will become the owner of the
security upon the death of the owner.
(2) 'Devisee' means any person designated in a will to receive
a disposition of real or personal property.
(3) 'Heirs' means those persons, including the surviving
spouse { + or surviving reciprocal beneficiary, as defined in
section 1 of this 2007 Act + }, who are entitled under the
statutes of intestate succession to the property of a decedent.
(4) 'Person' means an individual, a corporation, an
organization or other legal entity.
(5) 'Personal representative' includes executor, administrator,
successor personal representative, special administrator and
persons who perform substantially the same function under the law
governing their status.
(6) 'Property' includes both real and personal property or any
interest therein and means anything that may be the subject of
ownership.
(7) 'Register,' including its derivatives, means to issue a
certificate showing the ownership of a certificated security or,
in the case of an uncertificated security, to initiate or
transfer an account showing ownership of securities.
(8) 'Registering entity' means a person who originates or
transfers a security title by registration, and includes a broker
maintaining security accounts for customers and a transfer agent
or other person acting for or as an issuer of securities.
(9) 'Security' means a share, participation or other interest
in property, in a business, or in an obligation of an enterprise
or other issuer, and includes a certificated security, an
uncertificated security and a security account.
(10) 'Security account' means:
(a) A reinvestment account associated with a security, a
securities account with a broker, a cash balance in a brokerage
account, cash, interest, earnings or dividends earned or declared
on a security in an account, a reinvestment account or a
brokerage account, whether or not credited to the account before
the owner's death; or
(b) A cash balance or other property held for or due to the
owner of a security as a replacement for or product of an account
security, whether or not credited to the account before the
owner's death.
(11) 'State' includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico and any
territory or possession subject to the legislative authority of
the United States.
SECTION 21. ORS 60.801 is amended to read:
60.801. As used in ORS 60.801 to 60.816:
(1) 'Acquiring group' means two or more persons who agree to
act together or enter into any arrangement or understanding for
the purpose of voting or acquiring voting shares of an issuing
public corporation, but does not include two or more persons
whose sole agreement relates to the granting of an immediately
revocable proxy.
(2) 'Acquiring person' means a person who acquires or proposes
to acquire ownership of, or the power to direct the voting of,
voting shares of an issuing public corporation and includes all
affiliates of such person.
(3)(a) 'Affiliate' means a person who directly, or indirectly
through one or more intermediaries, controls, or is controlled
by, or is under common control with, another person. As used in
this subsection, 'control,' including the terms ' controlled by'
and 'under common control with,' means the possession, directly
or indirectly, of the power to direct or cause the direction of
the management and policies of a person, whether through the
ownership of voting shares, by contract or otherwise. A person
who is the owner of 10 percent or more of a corporation's
outstanding voting shares shall be presumed to have control of
the corporation in the absence of proof by a preponderance of the
evidence to the contrary.
(b) Notwithstanding paragraph (a) of this subsection, a
presumption of control shall not apply where a person holds
voting shares in good faith and not for the purpose of
circumventing ORS 60.801 to 60.816 as an agent, bank, broker,
nominee, custodian or trustee for one or more owners who do not
individually or as a group have control of the corporation.
(4)(a) 'Control share acquisition' means the acquisition,
directly or indirectly, by any acquiring person, including a
member of an acquiring group, of ownership of, or the power to
direct the voting of, voting shares of an issuing public
corporation in a transaction that causes the total voting power
of the acquiring person or any acquiring group of which the
acquiring person is a member in the election of directors of the
issuing public corporation to exceed one-fifth, one-third or
one-half of the total voting power of all the voting shares.
(b) For purposes of this subsection, voting shares of an
issuing public corporation acquired within 90 days of a control
share acquisition by the acquiring person or members of the
acquiring group making the control share acquisition shall be
considered to have been acquired in the same control share
acquisition.
(c) For purposes of this subsection, a person who acquires
voting shares in the ordinary course of business for the benefit
of others in good faith and not for the purpose of circumventing
ORS 60.801 to 60.816 has ownership and voting power only of
voting shares in respect of which that person would be able to
exercise or direct the exercise of votes without further
instruction from others.
(d) For purposes of this subsection, if two or more persons
enter into a binding agreement that is not immediately revocable
with respect to the voting of their voting shares, in addition to
those persons thereby becoming an acquiring group:
(A) Any single person who thereby obtains the right to
determine how any other parties to the agreement must vote their
shares shall be deemed to have acquired the power to direct the
voting of the voting shares held by such other parties to the
agreement; and
(B) Any group of persons who thereby obtain the right to
determine how any parties to the agreement must vote their shares
shall collectively be deemed to be a separate acquiring person
who has acquired the power to direct the voting of all voting
shares held by such parties to the agreement. The group of
persons shall include all parties to the agreement if all parties
share in the decision or if the agreement specifies how the
shares must be voted.
(e) The acquisition of any voting shares of an issuing public
corporation does not constitute a control share acquisition if
the acquisition is consummated in any of the following
circumstances:
(A) At a time when the corporation was not subject to ORS
60.801 to 60.816.
(B) Pursuant to a contract entered into at a time when the
corporation was not subject to ORS 60.801 to 60.816.
(C) Pursuant to the laws of descent and distribution.
(D) Pursuant to the satisfaction of a pledge or other security
interest created in good faith and not for the purpose of
circumventing ORS 60.801 to 60.816.
(E) In a transaction in which voting shares are acquired from
the issuing public corporation.
(F) Pursuant to a merger or plan of share exchange effected in
compliance with ORS 60.470 to 60.501, if the issuing public
corporation is a party to the agreement of merger or plan of
share exchange.
(G) Pursuant to a transfer of voting shares between or among
affiliates or immediate family members unless the voting shares
are control shares that have not had their voting rights restored
under ORS 60.807.
(H) In a transaction in which voting power is acquired solely
by receipt of an immediately revocable proxy or by any other
agreement or understanding that is not binding on the person
transferring such voting power.
(5)(a) 'Control shares' means voting shares of an issuing
public corporation that are acquired in a control share
acquisition. 'Control shares' does not include voting shares
acquired in a control share acquisition that are subsequently
transferred, or whose voting power is subsequently transferred,
other than a transfer of voting power by termination of a binding
voting agreement, to a person that is not an affiliate of the
transferor or a member of an acquiring group of which the
transferor is a member in a transaction that is not a control
share acquisition. 'Control shares' also does not include voting
shares acquired in a control share acquisition whose voting power
is subsequently transferred pursuant to the termination of a
binding voting agreement if, assuming the parties to the
agreement had never entered into the agreement but had been
members of an acquiring group during the term of the agreement,
the voting shares would not have been control shares.
(b) If an acquiring person or any member of an acquiring group
transfers control shares in a transaction that causes the control
shares to cease to be control shares without reducing the total
voting power of the acquiring person or acquiring group to less
than one-fifth of the total voting power of all the voting
shares, and within 90 days before or after such transfer the
transferor or any member of an acquiring group of which the
transferor is a member acquires ownership of, or the power to
direct the voting of, any voting shares, all such voting shares
up to the number of voting shares having total voting power equal
to the total voting power of the control shares transferred shall
be considered control shares.
(6) 'Immediate family member' means any grandparent, parent,
brother, sister, child, grandchild { + , + } { - or - }
spouse { + or reciprocal beneficiary, as defined in section 1 of
this 2007 Act, + } of a person, or any other relative of the
person { + , + } { - or - } the person's spouse { + or the
person's reciprocal beneficiary + } who has the same home as the
person.
(7)(a) 'Interested shares' means voting shares of an issuing
public corporation that any of the following persons have sole or
shared power to vote, or direct the voting of, either directly or
by proxy or voting agreement, at a meeting at which the voting
rights of control shares are to be considered:
(A) The acquiring person or a member of the acquiring group
whose voting rights are under consideration.
(B) Any officer of the issuing public corporation.
(C) Any employee of the issuing public corporation who is also
a director of the corporation.
(b) For purposes of this subsection, a person shall not be
deemed to have the power to vote, or direct the voting of, voting
shares if the person's power with respect to the shares arises
solely from holding an immediately revocable proxy, unless the
proxy is solicited in connection with an offer to purchase or
solicitation of offers to sell voting shares which requires the
granting of a proxy as a condition to the acceptance of a tender
of voting shares from any shareholder.
(8)(a) 'Issuing public corporation' means a corporation
incorporated or existing pursuant to the provisions of this
chapter that has:
(A) One hundred or more record or beneficial shareholders;
(B) Its principal place of business, its principal office or
assets with a fair market value of not less than $1 million
within this state; and
(C) Either:
(i) More than 10 percent of its record shareholders resident in
this state;
(ii) More than 10 percent of its shares owned beneficially or
of record by residents of this state; or
(iii) At least 10,000 of its record or beneficial shareholders
resident in this state.
(b) The residence of a shareholder is presumed to be the
address appearing in the records of the corporation.
(c) Shares held by banks, except as trustee or guardian,
brokers or nominees shall be disregarded for purposes of
calculating the percentages or numbers described in paragraph
(a)(C) of this subsection.
(9) 'Person' means any individual, corporation, partnership,
unincorporated association or other entity.
(10) 'Total voting power' of any person or any shares means the
voting power such person or shares would have except for ORS
60.801 to 60.816.
(11) 'Voting shares' means shares that have, or would have
except for this Act, voting power in any vote for the election of
directors and that belong to a class or series that, together
with all other classes or series that vote with such class or
series as a group with respect to the election of directors,
elects at least a majority of the directors.
SECTION 22. ORS 60.825 is amended to read:
60.825. As used in ORS 60.825 to 60.845:
(1) 'Affiliate' means a person that directly, or indirectly
through one or more intermediaries, controls, is controlled by,
or is under common control with, another person.
(2) 'Associate,' when used to indicate a relationship with any
person, means:
(a) Any corporation or organization of which the person is a
director, officer or partner or is, directly or indirectly, the
owner of 20 percent or more of any class of voting stock;
(b) Any trust or other estate in which the person has at least
a 20 percent beneficial interest or as to which the person serves
as trustee or in a similar fiduciary capacity; and
(c) Any relative { + , + } { - or - } spouse { + or
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } of the person, or any relative of a spouse { + or
reciprocal beneficiary + }, who has the same residence as the
person.
(3) 'Business combination,' when used in reference to any
corporation and any interested shareholder of the corporation,
means:
(a) Any merger or plan of exchange of the corporation or any
direct or indirect majority-owned subsidiary of the corporation
with:
(A) The interested shareholder; or
(B) Any other corporation if the merger or plan of exchange is
caused by the interested shareholder and as a result of the
merger or plan of exchange, ORS 60.835 is not applicable to the
surviving corporation;
(b) Any sale, lease, exchange, mortgage, pledge, transfer or
other disposition, in one transaction or a series of
transactions, except proportionately as a shareholder of the
corporation, to or with the interested shareholder, whether as
part of a dissolution or otherwise, of assets of the corporation
or of any direct or indirect majority-owned subsidiary of the
corporation where the assets have an aggregate market value equal
to 10 percent or more of either the aggregate market value of all
the assets of the corporation determined on a consolidated basis
or the aggregate market value of all the outstanding stock of the
corporation;
(c) Any transaction which results in the issuance or transfer
by the corporation or by any direct or indirect majority-owned
subsidiary of the corporation of any shares of the corporation or
of any such subsidiary to the interested shareholder, except:
(A) Pursuant to the exercise, exchange or conversion of
securities exercisable for, exchangeable for or convertible into
shares of the corporation or any subsidiary where the securities
were outstanding prior to the time that the interested
shareholder became an interested shareholder or were distributed
pro rata to all holders of a class or series of shares of the
corporation or any subsidiary subsequent to the time the
interested shareholder became an interested shareholder;
(B) Pursuant to a dividend or distribution paid or made pro
rata to all holders of a class or series of shares of the
corporation or any subsidiary subsequent to the time the
interested shareholder became an interested shareholder, provided
that there is no increase in the interested shareholder's
proportionate share of any class or series of shares of the
corporation or of the voting stock of the corporation; or
(C) Pursuant to an exchange offer by the corporation to
purchase shares made on the same terms to all holders of the
shares, provided that there is no increase in the interested
shareholder's proportionate share of any class or series of
shares of the corporation or of the voting stock of the
corporation;
(d) Any transaction involving the corporation or any direct or
indirect majority-owned subsidiary of the corporation which has
the effect, directly or indirectly, of increasing the
proportionate share of any class or series of shares, or
securities convertible into the shares of any class or series, of
the corporation or of any such subsidiary which is owned by the
interested shareholder, except as a result of immaterial changes
due to fractional share adjustments or as a result of any
purchase or redemption of any shares not caused, directly or
indirectly, by the interested shareholder; or
(e) Any receipt by the interested shareholder of the benefit,
directly or indirectly, except proportionately as a shareholder
of such corporation, of any loans, advances, guarantees, pledges
or other financial benefits, other than those expressly permitted
in paragraphs (a) to (d) of this subsection, provided by or
through the corporation or any direct or indirect majority-owned
subsidiary.
(4)(a) 'Control,' including the terms 'controlling, ' '
controlled by' and 'under common control with,' means the
possession, directly or indirectly, of the power to direct or
cause the direction of the management and policies of a person,
whether through the ownership of voting stock, by contract or
otherwise. A person who is the owner of 10 percent or more of a
corporation's outstanding voting stock shall be presumed to have
control of the corporation, in the absence of proof by a
preponderance of the evidence to the contrary.
(b) Notwithstanding paragraph (a) of this subsection, a
presumption of control shall not apply when a person holds voting
stock, in good faith and not for the purpose of circumventing
this section, as an agent, bank, broker, nominee, custodian or
trustee for one or more owners who do not individually or as a
group have control of the corporation.
(5)(a) 'Interested shareholder' means:
(A) Any person, other than the corporation and any direct or
indirect majority-owned subsidiary of the corporation, that:
(i) Is the owner of shares representing 15 percent or more of
the outstanding voting stock of the corporation; or
(ii) Is an affiliate or associate of the corporation and was
the owner of shares representing 15 percent or more of the
outstanding voting stock of the corporation at any time within
the three-year period immediately prior to the date on which it
is sought to be determined whether the person is an interested
shareholder; and
(B) The affiliates and associates of a person described in
subparagraph (A) of this paragraph.
(b) Notwithstanding paragraph (a) of this subsection, the term
'interested shareholder' shall not include:
(A) Any person who:
(i) Owned shares in excess of the 15 percent limitation
described in paragraph (a) of this subsection as of April 4,
1991, and who continued to own shares in excess of the 15 percent
limitation or would have but for action by the corporation;
(ii) Acquired shares in excess of the 15 percent limitation
described in paragraph (a) of this subsection pursuant to a
tender offer commenced prior to April 4, 1991, and who continued
to own shares in excess of the 15 percent limitation or would
have but for action by the corporation;
(iii) Acquired shares in excess of the 15 percent limitation
described in paragraph (a) of this subsection pursuant to an
exchange offer announced prior to April 4, 1991, and commenced
within 90 days after April 4, 1991, and who continued to own
shares in excess of the 15 percent limitation or would have but
for action by the corporation; or
(iv) Acquired shares in excess of the 15 percent limitation
described in paragraph (a) of this subsection from a person
described in sub-subparagraphs (i) to (iii) of this subparagraph
by gift, inheritance or in a transaction in which no
consideration was exchanged; or
(B) Any person whose ownership of shares in excess of the 15
percent limitation described in paragraph (a) of this subsection
is the result of action taken solely by the corporation provided
that the person shall be an interested shareholder if the person
later acquires additional voting stock of the corporation, except
as a result of further corporate action not caused, directly or
indirectly, by the person.
(c) For the purpose of determining whether a person is an
interested shareholder, the voting shares of the corporation
considered to be outstanding shall include shares considered to
be owned by the person through application of ORS 60.830 (1).
(6) 'Person' means any individual, corporation, partnership,
unincorporated association or other entity.
(7) 'Voting stock' means shares of any class or series that,
together with all other classes or series that vote with the
class or series as a group with respect to the election of
directors, elects at least a majority of the directors.
SECTION 23. ORS 62.430 is amended to read:
62.430. (1) If authorized by the bylaws, a cooperative may pay
the following persons up to $10,000 in redemption or refund of
capital credits or retains recorded on the books and records of
the cooperative in the name of a deceased owner thereof:
(a) The surviving spouse { + or surviving reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } of the
deceased owner;
(b) If there is no surviving spouse { + or surviving
reciprocal beneficiary + }, the deceased owner's surviving
children 18 years of age or older;
(c) If the deceased owner left no surviving spouse { + ,
surviving reciprocal beneficiary + } or surviving children 18
years of age or older, the deceased owner's surviving parents; or
(d) If there is no surviving spouse, { + surviving reciprocal
beneficiary, + } surviving children 18 years of age or older or
surviving parent, the deceased owner's surviving brothers and
sisters 18 years of age or older.
(2) The affidavit of the person claiming payment shall:
(a) State where and when the deceased owner died;
(b) State that the total face value of the capital credits or
retains of the deceased owner in the cooperative does not exceed
$10,000 and that they are free and clear of any security interest
or other lien or encumbrance;
(c) Show the relationship of the affiant or affiants to the
deceased owner;
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased owner out of the
capital credits or retains to be redeemed or refunded to the full
extent thereof if necessary, and to distribute any balance to
those persons entitled thereto by law; and
(e) State any other information deemed appropriate by the
cooperative.
(3) A cooperative is under no obligation to determine the
relationship of the affiant to the deceased owner, or to
determine other than from its books and records whether the
deceased owner's capital credits or retains are subject to a
security interest or other lien or encumbrance. Payment made in
good faith to the person making the affidavit is a full
acquittance and release of the cooperative for the amount so
paid.
(4) A probate proceeding is not necessary to establish the
right of the surviving spouse, { + surviving reciprocal
beneficiary, + } surviving children, surviving parent or
surviving brothers and sisters to obtain payment of the capital
credits or retains as provided by this section. However, if a
personal representative is appointed in an estate of a deceased
member or patron whose capital credits or retains have been
redeemed or refunded under this section, the person or persons
signing the affidavit shall account for them to the personal
representative.
(5) Nothing in this section shall abrogate the rights of a
cooperative set forth in ORS 62.235, and a cooperative's right to
set off from a deceased owner's capital credits or retains any
debts owed to the cooperative by the deceased owner. This section
shall not require that redemption or refund of capital credits or
retains be made in accordance with this section, or otherwise
limit or affect the manner in which a cooperative may pay,
redeem, refund, administer or distribute its net savings, or any
retains thereof, capital credits or other equity interests, nor
shall it be deemed or construed to impose any further obligation
or liability on a cooperative in its payment or redemption of
retains in excess of $10,000.
(6) Notwithstanding any provision of this section, if the
cooperative's books and records reflect that the deceased owner's
capital credits or retains are subject to a security interest or
other encumbrance, the cooperative shall not be relieved of any
liability arising from the security interest or the encumbrance
if the redemption or refund of capital credits is made to the
person making the affidavit under this section.
SECTION 24. ORS 79.0102 is amended to read:
79.0102. (1) As used in this chapter:
(a) 'Accession' means goods that are physically united with
other goods in such a manner that the identity of the original
goods is not lost.
(b) 'Account,' except as used in 'account for,' means a right
to payment of a monetary obligation, whether or not earned by
performance, (i) for property that has been or is to be sold,
leased, licensed, assigned, or otherwise disposed of, (ii) for
services rendered or to be rendered, (iii) for a policy of
insurance issued or to be issued, (iv) for a secondary obligation
incurred or to be incurred, (v) for energy provided or to be
provided, (vi) for the use or hire of a vessel under a charter or
other contract, (vii) arising out of the use of a credit or
charge card or information contained on or for use with the card,
or (viii) as winnings in a lottery or other game of chance
operated or sponsored by a state, governmental unit of a state,
or person licensed or authorized to operate the game by a state
or governmental unit of a state. The term includes
health-care-insurance receivables. The term does not include (i)
rights to payment evidenced by chattel paper or an instrument,
(ii) commercial tort claims, (iii) deposit accounts, (iv)
investment property, (v) letter-of-credit rights or letters of
credit, or (vi) rights to payment for money or funds advanced or
sold, other than rights arising out of the use of a credit or
charge card or information contained on or for use with the card.
(c) 'Account debtor' means a person obligated on an account,
chattel paper or general intangible. The term does not include
persons obligated to pay a negotiable instrument, even if the
instrument constitutes part of chattel paper.
(d) 'Accounting,' except as used in 'accounting for, ' means a
record:
(A) Authenticated by a secured party;
(B) Indicating the aggregate unpaid secured obligations as of a
date not more than 35 days earlier or 35 days later than the date
of the record; and
(C) Identifying the components of the obligations in reasonable
detail.
(e) 'Agricultural lien' means an interest, other than a
security interest or a lien created under ORS 87.226, 87.228,
87.700 to 87.736 or 87.750 to 87.777, in farm products:
(A) Which secures payment or performance of an obligation for:
(i) Goods or services furnished in connection with a debtor's
farming operation; or
(ii) Rent on real property leased by a debtor in connection
with its farming operation;
(B) Which is created by statute in favor of a person that:
(i) In the ordinary course of its business furnished goods or
services to a debtor in connection with a debtor's farming
operation; or
(ii) Leased real property to a debtor in connection with the
debtor's farming operation; and
(C) Whose effectiveness does not depend on the person's
possession of the personal property.
(f) 'As-extracted collateral' means:
(A) Oil, gas or other minerals that are subject to a security
interest that:
(i) Is created by a debtor having an interest in the minerals
before extraction; and
(ii) Attaches to the minerals as extracted; or
(B) Accounts arising out of the sale at the wellhead or
minehead of oil, gas or other minerals in which the debtor had an
interest before extraction.
(g) 'Authenticate' means:
(A) To sign; or
(B) To execute or otherwise adopt a symbol, or encrypt or
similarly process a record in whole or in part, with the present
intent of the authenticating person to identify the person and
adopt or accept a record.
(h) 'Bank' means an organization that is engaged in the
business of banking. The term includes savings banks, savings and
loan associations, credit unions and trust companies.
(i) 'Cash proceeds' means proceeds that are money, checks,
deposit accounts or the like.
(j) 'Certificate of title' means a certificate of title with
respect to which a statute provides for the security interest in
question to be indicated on the certificate as a condition or
result of the security interest's obtaining priority over the
rights of a lien creditor with respect to the collateral.
(k) 'Chattel paper' means a record or records that evidence
both a monetary obligation and a security interest in specific
goods, a security interest in specific goods and software used in
the goods, a security interest in specific goods and license of
software used in the goods, a lease of specific goods, or a lease
of specific goods and license of software used in the goods. In
this paragraph, 'monetary obligation' means a monetary obligation
secured by the goods or owed under a lease of the goods and
includes a monetary obligation with respect to software used in
the goods. The term does not include (i) charters or other
contracts involving the use or hire of a vessel or (ii) records
that evidence a right to payment arising out of the use of a
credit or charge card or information contained on or for use with
the card. If a transaction is evidenced by records that include
an instrument or series of instruments, the group of records
taken together constitutes chattel paper.
(L) 'Collateral' means the property subject to a security
interest or agricultural lien. The term includes:
(A) Proceeds to which a security interest attaches;
(B) Accounts, chattel paper, payment intangibles and promissory
notes that have been sold; and
(C) Goods that are the subject of a consignment.
(m) 'Commercial tort claim' means a claim arising in tort with
respect to which:
(A) The claimant is an organization; or
(B) The claimant is an individual and the claim:
(i) Arose in the course of the claimant's business or
profession; and
(ii) Does not include damages arising out of personal injury to
or the death of an individual.
(n) 'Commodity account' means an account maintained by a
commodity intermediary in which a commodity contract is carried
for a commodity customer.
(o) 'Commodity contract' means a commodity futures contract, an
option on a commodity futures contract, a commodity option or
another contract if the contract or option is:
(A) Traded on or subject to the rules of a board of trade that
has been designated as a contract market for such a contract
pursuant to federal commodities laws; or
(B) Traded on a foreign commodity board of trade, exchange, or
market, and is carried on the books of a commodity intermediary
for a commodity customer.
(p) 'Commodity customer' means a person for which a commodity
intermediary carries a commodity contract on its books.
(q) 'Commodity intermediary' means a person that:
(A) Is registered as a futures commission merchant under
federal commodities law; or
(B) In the ordinary course of its business provides clearance
or settlement services for a board of trade that has been
designated as a contract market pursuant to federal commodities
law.
(r) 'Communicate' means:
(A) To send a written or other tangible record;
(B) To transmit a record by any means agreed upon by the
persons sending and receiving the record; or
(C) In the case of transmission of a record to or by a filing
office, to transmit a record by any means prescribed by
filing-office rule.
(s) 'Consignee' means a merchant to which goods are delivered
in a consignment.
(t) 'Consignment' means a transaction, regardless of its form,
in which a person delivers goods to a merchant for the purpose of
sale and:
(A) The merchant:
(i) Deals in goods of that kind under a name other than the
name of the person making delivery;
(ii) Is not an auctioneer; and
(iii) Is not generally known by its creditors to be
substantially engaged in selling the goods of others;
(B) With respect to each delivery, the aggregate value of the
goods is $1,000 or more at the time of delivery;
(C) The goods are not consumer goods immediately before
delivery; and
(D) The transaction does not create a security interest that
secures an obligation.
(u) 'Consignor' means a person that delivers goods to a
consignee in a consignment.
(v) 'Consumer debtor' means a debtor in a consumer transaction.
(w) 'Consumer goods' means goods that are used or bought for
use primarily for personal, family or household purposes.
(x) 'Consumer-goods transaction' means a consumer transaction
in which:
(A) An individual incurs an obligation primarily for personal,
family or household purposes; and
(B) A security interest in consumer goods secures the
obligation.
(y) 'Consumer obligor' means an obligor who is an individual
and who incurred the obligation as part of a transaction entered
into primarily for personal, family or household purposes.
(z) 'Consumer transaction' means a transaction in which (i) an
individual incurs an obligation primarily for personal, family or
household purposes, (ii) a security interest secures the
obligation, and (iii) the collateral is held or acquired
primarily for personal, family or household purposes. The term
includes consumer-goods transactions.
(aa) 'Continuation statement' means an amendment of a financing
statement which:
(A) Identifies, by its file number, the initial financing
statement to which it relates; and
(B) Indicates that it is a continuation statement for, or that
it is filed to continue the effectiveness of, the identified
financing statement.
(bb) 'Debtor' means:
(A) A person having an interest, other than a security interest
or other lien, in the collateral, whether or not the person is an
obligor;
(B) A seller of accounts, chattel paper, payment intangibles or
promissory notes; or
(C) A consignee.
(cc) 'Deposit account' means a demand, time, savings, passbook
or similar account maintained with a bank. The term does not
include investment property or accounts evidenced by an
instrument.
(dd) 'Document' means a document of title or a receipt of the
type described in ORS 77.2010 (2).
(ee) 'Electronic chattel paper' means chattel paper evidenced
by a record or records consisting of information stored in an
electronic medium.
(ff) 'Encumbrance' means a right, other than an ownership
interest, in real property. The term includes mortgages and other
liens on real property.
(gg) 'Equipment' means goods other than inventory, farm
products or consumer goods.
(hh) 'Farm products' means goods, other than standing timber,
with respect to which the debtor is engaged in a farming
operation and which are:
(A) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines and bushes; and
(ii) Aquatic goods produced in aquacultural operations;
(B) Livestock, born or unborn, including aquatic goods produced
in aquacultural operations;
(C) Supplies used or produced in a farming operation; or
(D) Products of crops or livestock in their unmanufactured
states.
(ii) 'Farming operation' means raising, cultivating,
propagating, fattening, grazing or any other farming, livestock
or aquacultural operation.
(jj) 'File number' means the number assigned to an initial
financing statement pursuant to ORS 79.0519 (1).
(kk) 'Filing office' means an office designated in ORS 79.0501
as the place to file a financing statement.
(LL) 'Filing-office rule' means a rule adopted pursuant to ORS
79.0526.
(mm) 'Financing statement' means a record or records composed
of an initial financing statement and any filed record relating
to the initial financing statement.
(nn) 'Fixture filing' means the filing of a financing statement
covering goods that are or are to become fixtures and satisfying
ORS 79.0502 (1) and (2). The term includes the filing of a
financing statement covering goods of a transmitting utility
which are or are to become fixtures.
(oo) 'Fixtures' means goods that have become so related to
particular real property that an interest in them arises under
real property law. The term does not include portable irrigation
equipment including movable pipe, pumps, electrical pump panels,
pump columns, electrical wire, wheel lines, center pivots and
handlines. The term includes domestic pumps, domestic pump wire,
domestic pump panels, domestic pump columns, and buried
irrigation equipment including buried pipe, buried electrical
wire and all buried well casings.
(pp) 'General intangible' means any personal property,
including things in action, other than accounts, chattel paper,
commercial tort claims, deposit accounts, documents, goods,
instruments, investment property, letter-of-credit rights,
letters of credit, money and oil, gas or other minerals before
extraction. The term includes payment intangibles and software.
(qq) 'Good faith' means honesty in fact and the observance of
reasonable commercial standards of fair dealing.
(rr) 'Goods' means all things that are movable when a security
interest attaches. The term includes (i) fixtures, (ii) standing
timber that is to be cut and removed under a conveyance or
contract for sale, (iii) the unborn young of animals, (iv) crops
grown, growing or to be grown, even if the crops are produced on
trees, vines or bushes, and (v) manufactured structures. The term
also includes a computer program embedded in goods and any
supporting information provided in connection with a transaction
relating to the program if (i) the program is associated with the
goods in such a manner that it customarily is considered part of
the goods, or (ii) by becoming the owner of the goods, a person
acquires a right to use the program in connection with the goods.
The term does not include a computer program embedded in goods
that consist solely of the medium in which the program is
embedded. The term also does not include accounts, chattel paper,
commercial tort claims, deposit accounts, documents, general
intangibles, instruments, investment property, letter-of-credit
rights, letters of credit, money or oil, gas or other minerals
before extraction.
(ss) 'Governmental unit' means a subdivision, agency,
department, county, parish, municipality or other unit of the
government of the United States, a state or a foreign country.
The term includes an organization having a separate corporate
existence if the organization is eligible to issue debt on which
interest is exempt from income taxation under the laws of the
United States.
(tt) 'Health-care-insurance receivable' means an interest in or
claim under a policy of insurance which is a right to payment of
a monetary obligation for health-care goods or services provided.
(uu) 'Instrument' means a negotiable instrument or any other
writing that evidences a right to the payment of a monetary
obligation, is not itself a security agreement or lease, and is
of a type that in ordinary course of business is transferred by
delivery with any necessary indorsement or assignment. The term
does not include (i) investment property, (ii) letters of credit
or (iii) writings that evidence a right to payment arising out of
the use of a credit or charge card or information contained on or
for use with the card.
(vv) 'Inventory' means goods, other than farm products, which:
(A) Are leased by a person as lessor;
(B) Are held by a person for sale or lease or to be furnished
under a contract of service;
(C) Are furnished by a person under a contract of service; or
(D) Consist of raw materials, work in process, or materials
used or consumed in a business.
(ww) 'Investment property' means a security, whether
certificated or uncertificated, security entitlement, securities
account, commodity contract or commodity account.
(xx) 'Jurisdiction of organization,' with respect to a
registered organization, means the jurisdiction under whose law
the organization is organized.
(yy) 'Letter-of-credit right' means a right to payment or
performance under a letter of credit, whether or not the
beneficiary has demanded or is at the time entitled to demand
payment or performance. The term does not include the right of a
beneficiary to demand payment or performance under a letter of
credit.
(zz) 'Lien creditor' means:
(A) A creditor that has acquired a lien on the property
involved by attachment, levy or the like;
(B) An assignee for benefit of creditors from the time of
assignment;
(C) A trustee in bankruptcy from the date of the filing of the
petition; or
(D) A receiver in equity from the time of appointment.
(aaa) 'Manufactured structure' has the meaning given that term
in ORS 446.561.
(bbb) 'Manufactured-structure transaction' means a secured
transaction:
(A) That creates a purchase-money security interest in a
manufactured structure, other than a manufactured structure held
as inventory; or
(B) In which a manufactured structure, other than a
manufactured structure held as inventory, is the primary
collateral.
(ccc) 'Mortgage' means a consensual interest in real property,
including fixtures, which secures payment or performance of an
obligation.
(ddd) 'New debtor' means a person that becomes bound as debtor
under ORS 79.0203 (4) by a security agreement previously entered
into by another person.
(eee) 'New value' means (i) money, (ii) money's worth in
property, services or new credit, or (iii) release by a
transferee of an interest in property previously transferred to
the transferee. The term does not include an obligation
substituted for another obligation.
(fff) 'Noncash proceeds' means proceeds other than cash
proceeds.
(ggg) 'Obligor' means a person that, with respect to an
obligation secured by a security interest in or an agricultural
lien on the collateral, (i) owes payment or other performance of
the obligation, (ii) has provided property other than the
collateral to secure payment or other performance of the
obligation, or (iii) is otherwise accountable in whole or in part
for payment or other performance of the obligation. The term does
not include issuers or nominated persons under a letter of
credit.
(hhh) 'Original debtor,' except as used in ORS 79.0310 (3),
means a person that, as debtor, entered into a security agreement
to which a new debtor has become bound under ORS 79.0203 (4).
(iii) 'Payment intangible' means a general intangible under
which the account debtor's principal obligation is a monetary
obligation.
(jjj) 'Person related to,' with respect to an individual,
means:
(A) The spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2007 Act, + } of the individual;
(B) A brother, brother-in-law, sister or sister-in-law of the
individual;
(C) An ancestor or lineal descendant of the individual or the
individual's spouse { + or reciprocal beneficiary + }; or
(D) Any other relative, by blood or marriage, of the individual
or the individual's spouse { + or reciprocal beneficiary + } who
shares the same home with the individual.
(kkk) 'Person related to,' with respect to an organization,
means:
(A) A person directly or indirectly controlling, controlled by,
or under common control with the organization;
(B) An officer or director of, or a person performing similar
functions with respect to, the organization;
(C) An officer or director of, or a person performing similar
functions with respect to, a person described in subparagraph (A)
of this paragraph;
(D) The spouse { + or reciprocal beneficiary + } of an
individual described in subparagraph (A), (B) or (C) of this
paragraph; or
(E) An individual who is related by blood or marriage to an
individual described in subparagraph (A), (B), (C) or (D) of this
paragraph and shares the same home with the individual.
(LLL) 'Proceeds,' except as used in ORS 79.0609 (2), means the
following property:
(A) Whatever is acquired upon the sale, lease, license,
exchange or other disposition of collateral;
(B) Whatever is collected on, or distributed on account of,
collateral;
(C) Rights arising out of collateral;
(D) To the extent of the value of collateral, claims arising
out of the loss, nonconformity or interference with the use of,
defects or infringement of rights in, or damage to, the
collateral; or
(E) To the extent of the value of collateral and to the extent
payable to the debtor or the secured party, insurance payable by
reason of the loss or nonconformity of, defects or infringement
of rights in, or damage to, the collateral.
(mmm) 'Promissory note' means an instrument that evidences a
promise to pay a monetary obligation, does not evidence an order
to pay, and does not contain an acknowledgment by a bank that the
bank has received for deposit a sum of money or funds.
(nnn) 'Proposal' means a record authenticated by a secured
party which includes the terms on which the secured party is
willing to accept collateral in full or partial satisfaction of
the obligation it secures pursuant to ORS 79.0620, 79.0621 and
79.0622.
(ooo) 'Public-finance transaction' means a secured transaction
in connection with which:
(A) Debt securities are issued;
(B) All or a portion of the securities issued have an initial
stated maturity of at least 20 years; and
(C) The debtor, obligor, secured party, account debtor or other
person obligated on collateral, assignor or assignee of a secured
obligation, or assignor or assignee of a security interest is a
state or a governmental unit of a state.
(ppp) 'Pursuant to commitment,' with respect to an advance made
or other value given by a secured party, means pursuant to the
secured party's obligation, whether or not a subsequent event of
default or other event not within the secured party's control has
relieved or may relieve the secured party from its obligation.
(qqq) 'Record,' except as used in 'for record,' 'of record,'
'record or legal title' and 'record owner,' means information
that is inscribed on a tangible medium or which is stored in an
electronic or other medium and is retrievable in perceivable
form.
(rrr) 'Registered organization' means an organization organized
solely under the law of a single state or the United States and
as to which the state or the United States is required by statute
or regulation to maintain a public record showing the
organization to have been organized.
(sss) 'Secondary obligor' means an obligor to the extent that:
(A) The obligor's obligation is secondary; or
(B) The obligor has a right of recourse with respect to an
obligation secured by collateral against the debtor, another
obligor, or property of either.
(ttt) 'Secured party' means:
(A) A person in whose favor a security interest is created or
provided for under a security agreement, whether or not any
obligation to be secured is outstanding;
(B) A person that holds an agricultural lien;
(C) A consignor;
(D) A person to which accounts, chattel paper, payment
intangibles or promissory notes have been sold;
(E) A trustee, indenture trustee, agent, collateral agent or
other representative in whose favor a security interest or
agricultural lien is created or provided for; or
(F) A person that holds a security interest arising under ORS
72.4010, 72.5050, 72.7110 (3), 72A.5080 (5), 74.2100 or 75.1180.
(uuu) 'Security agreement' means an agreement that creates or
provides for a security interest.
(vvv) 'Send,' in connection with a record or notification,
means:
(A) To deposit in the mail, deliver for transmission, or
transmit by any other usual means of communication, with postage
or cost of transmission provided for, addressed to any address
reasonable under the circumstances; or
(B) To cause the record or notification to be received within
the time that it would have been received if properly sent under
subparagraph (A) of this paragraph.
(www) 'Software' means a computer program and any supporting
information provided in connection with a transaction relating to
the program. The term does not include a computer program that is
included in the definition of goods.
(xxx) 'State' means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession subject to the jurisdiction of
the United States.
(yyy) 'Supporting obligation' means a letter-of-credit right or
secondary obligation that supports the payment or performance of
an account, chattel paper, a document, a general intangible, an
instrument or investment property.
(zzz) 'Tangible chattel paper' means chattel paper evidenced by
a record or records consisting of information that is inscribed
on a tangible medium.
(aaaa) 'Termination statement' means an amendment of a
financing statement which:
(A) Identifies, by its file number, the initial financing
statement to which it relates; and
(B) Indicates either that it is a termination statement or that
the identified financing statement is no longer effective.
(bbbb) 'Transmitting utility' means an organization primarily
engaged in the business of:
(A) Operating a railroad, subway, street railway or trolley
bus;
(B) Transmitting communications electrically,
electromagnetically or by light;
(C) Transmitting goods by pipeline or sewer; or
(D) Transmitting or producing and transmitting electricity,
steam, gas or water.
(2) The following definitions in other sections apply to this
chapter:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
'
Applicant'
ORS 75.1020
'
Beneficiary'
ORS 75.1020
'
Broker'
ORS 78.1020
'
Certificated security'
ORS 78.1020
'
Check'
ORS 73.0104
'
Clearing corporation'
ORS 78.1020
'
Contract for sale'
ORS 72.1060
'
Customer'
ORS 74.1040
'
Entitlement holder'
ORS 78.1020
'
Financial asset'
ORS 78.1020
'
Holder in due course'
ORS 73.0302
'
Issuer'
(with respect
to a letter of credit or
letter-of-credit rigORS 75.1020
'
Issuer'
(with respect
to a security) ORS 78.2010
'
Lease'
ORS 72A.1030
'
Lease agreement'
ORS 72A.1030
'
Lease contract'
ORS 72A.1030
'
Leasehold interest'
ORS 72A.1030
'
Lessee'
ORS 72A.1030
'
Lessee in ordinary course
of business'
ORS 72A.1030
'
Lessor'
ORS 72A.1030
'
Lessor's residual
interest'
ORS 72A.1030
'
Letter of credit'
ORS 75.1020
'
Merchant'
ORS 72.1040
'
Negotiable instrument'
ORS 73.0104
'
Nominated person'
ORS 75.1020
'
Note'
ORS 73.0104
'
Proceeds of a letter
of credit'
ORS 75.1140
'
Prove'
ORS 73.0103
'
Sale'
ORS 72.1060
'
Securities intermediary'
ORS 78.1020
'
Security'
ORS 78.1020
'
Security certificate'
ORS 78.1020
'
Security entitlement'
ORS 78.1020
'
Uncertificated security'
ORS 78.1020
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(3) ORS chapter 71 contains general definitions and principles
of construction and interpretation applicable throughout this
chapter.
SECTION 25. ORS 86.705 is amended to read:
86.705. As used in ORS 86.705 to 86.795, unless the context
requires otherwise:
(1) 'Beneficiary' means the person named or otherwise
designated in a trust deed as the person for whose benefit a
trust deed is given, or the person's successor in interest, and
who shall not be the trustee unless the beneficiary is qualified
to be a trustee under ORS 86.790 (1)(d).
(2) 'Grantor' means the person conveying an interest in real
property by a trust deed as security for the performance of an
obligation.
(3) 'Residential trust deed' means a trust deed on property
upon which are situated four or fewer residential units and one
of the residential units is occupied as the principal residence
of the grantor, the grantor's spouse { + , the grantor's
reciprocal beneficiary as defined in section 1 of this 2007
Act, + } or the grantor's minor or dependent child at the time a
trust deed foreclosure is commenced.
(4) 'Residential unit' means an improvement designed for
residential use.
(5) 'Trust deed' means a deed executed in conformity with ORS
86.705 to 86.795, and conveying an interest in real property to a
trustee in trust to secure the performance of an obligation owed
by the grantor or other person named in the deed to a
beneficiary.
(6) 'Trustee' means a person, other than the beneficiary, to
whom an interest in real property is conveyed by a trust deed, or
such person's successor in interest. The term includes a person
who is an employee of the beneficiary, if the person is qualified
to be a trustee under ORS 86.790.
SECTION 26. ORS 86.735 is amended to read:
86.735. The trustee may foreclose a trust deed by advertisement
and sale in the manner provided in ORS 86.740 to 86.755 if:
(1) The trust deed, any assignments of the trust deed by the
trustee or the beneficiary and any appointment of a successor
trustee are recorded in the mortgage records in the counties in
which the property described in the deed is situated; and
(2) There is a default by the grantor or other person owing an
obligation, the performance of which is secured by the trust
deed, or by their successors in interest with respect to any
provision in the deed which authorizes sale in the event of
default of such provision; and
(3) The trustee or beneficiary has filed for record in the
county clerk's office in each county where the trust property, or
some part of it, is situated, a notice of default containing the
information required by ORS 86.745 and containing the trustee's
or beneficiary's election to sell the property to satisfy the
obligation; and
(4) No action has been instituted to recover the debt or any
part of it then remaining secured by the trust deed, or, if such
action has been instituted, the action has been dismissed, except
that:
(a) Subject to ORS 86.010 and the procedural requirements of
ORCP 79 and 80, an action may be instituted to appoint a receiver
or to obtain a temporary restraining order during foreclosure of
a trust deed by advertisement and sale, except that a receiver
shall not be appointed with respect to a single-family residence
which is occupied as the principal residence of the grantor, the
grantor's spouse { + , the grantor's reciprocal beneficiary as
defined in section 1 of this 2007 Act + } or the grantor's minor
or dependent child.
(b) An action may be commenced for the judicial or nonjudicial
foreclosure of the same trust deed as to any other property
covered thereby, or any other trust deeds, mortgages, security
agreements or other consensual or nonconsensual security
interests or liens securing repayment of the debt.
SECTION 27. ORS 87.527 is amended to read:
87.527. Notwithstanding ORS 87.503 (1):
(1) A lien created by ORS 87.503 on the home of a living
individual who received care may not be foreclosed for as long as
any of the following individuals reside in the home:
(a) The individual who received care.
(b) The spouse of the individual.
{ + (c) The reciprocal beneficiary, as defined in section 1
of this 2007 Act, of the individual. + }
{ - (c) - } { + (d) + } A minor or disabled child of the
individual.
{ - (d) - } { + (e) + } A sibling of the individual who has
an equity interest in the home, but only when the sibling
continuously resided in the home during the calendar year
immediately preceding the date on which the individual first
received care.
{ - (e) - } { + (f) + } Any other child of the individual,
but only when the child continuously resided in the home during
the two-year period immediately preceding the date on which the
individual first received care and provided assistance during
that period that delayed the need for care.
(2) A lien created by ORS 87.503 on the home of a deceased
individual who received care may not be foreclosed for as long as
any of the following individuals reside in the home:
(a) The surviving spouse of the individual.
{ + (b) The surviving reciprocal beneficiary of the
individual. + }
{ - (b) - } { + (c) + } A minor or disabled child of the
individual.
{ - (c) - } { + (d) + } A sibling of the individual, but
only when the sibling continuously resided in the home during the
calendar year immediately preceding the date on which the
individual first received care.
{ - (d) - } { + (e) + } Any other child of the individual,
but only when the child continuously resided in the home during
the two-year period immediately preceding the date on which the
individual first received care and provided assistance during
that period that delayed the need for care.
(3) A lien created by ORS 87.503 on other real property of a
deceased individual may not be foreclosed while there is a
surviving spouse { + , reciprocal beneficiary + } or minor or
disabled
{ - children - } { + child + } of the individual.
SECTION 28. ORS 87.539 is amended to read:
87.539. (1) When a long term care facility receives payment
from an individual, an individual's estate, the State of Oregon
or any other source for the care claimed in a notice of lien
filed under ORS 87.507, the long term care facility shall file
with the recording officer of the county in which the notice of
lien was filed a certificate declaring that payment has been
received and that the lien is discharged.
(2) Within 20 days after being notified that the individual is
eligible for Medicaid, the long term care facility shall file
with the recording officer of the county in which the notice of
lien was filed a certificate releasing the claim of lien upon any
property protected under ORS 87.533.
(3) The recording officer of the county shall record the
certificate of discharge or release in the appropriate lien
docket.
(4) If, after receiving payment for the care claimed in a
notice of lien filed under ORS 87.507, a long term care facility
fails to discharge the lien or release the claim of lien within
10 days, the long term care facility is liable to the individual
or to the spouse { + , the reciprocal beneficiary as defined in
section 1 of this 2007 Act + } or the estate of the individual
for $100 or the amount of actual damages, whichever amount is
greater.
(5) In all actions brought under this section, the court may
allow reasonable attorney fees at trial and on appeal to the
prevailing party.
SECTION 29. ORS 93.180 is amended to read:
93.180. Every conveyance or devise of lands, or interest
therein, made to two or more persons, other than to a husband and
wife, as such, { + to reciprocal beneficiaries as defined in
section 1 of this 2007 Act, as such, + } or to executors or
trustees, as such, creates a tenancy in common unless it is in
some manner clearly and expressly declared in the conveyance or
devise that the grantees or devisees take the lands with right of
survivorship. Such a declaration of a right to survivorship
shall create a tenancy in common in the life estate with
cross-contingent remainders in the fee simple. Joint tenancy is
abolished and the use in a conveyance or devise of the words
'joint tenants' or similar words without any other indication of
an intent to create a right of survivorship shall create a
tenancy in common.
SECTION 30. ORS 93.915 is amended to read:
93.915. (1) In the event of a default under a contract for
conveyance of real property, a seller who wishes to enforce a
forfeiture remedy must give written notice of default by service
pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and
certified mail with return receipt requested, to the last-known
address of the following persons or their legal representatives,
if any:
(a) The purchaser.
(b) An occupant of the property.
(c) Any person who has caused to be filed for record in the
county clerk's office of a county in which any part or parcel of
the real property is situated, a duly acknowledged request for a
copy of any notice of default served upon or mailed to the
purchaser. The request shall contain the name and address of the
person requesting copies of the notice and shall identify the
contract by stating the names of the parties to the contract, the
date of recordation of the contract and the book and page where
the contract is recorded. The county clerk shall immediately make
a cross-reference of the request to the contract, either on the
margin of the page where the contract is recorded or in some
other suitable place. No request, statement or notation placed on
the record pursuant to this section shall affect title to the
property or be deemed notice to any person that any person so
recording the request has any right, title, interest in, lien or
charge upon the property referred to in the contract.
(2) Notices served by mail are effective when mailed.
(3) The notice shall specify the nature of the default, the
amount of the default if the default is in the payment terms, the
date after which the contract will be forfeited if the purchaser
does not cure the default and the name and address of the seller
or the attorney for the seller. The period specified in the
notice after which the contract will be forfeited may not be less
than:
(a) Sixty days, when the purchaser has reduced the unpaid
balance to an amount greater than 75 percent of the purchase
price;
(b) Ninety days, when the purchaser has reduced the unpaid
balance to an amount which is more than 50 percent but less than
75 percent of the purchase price; or
(c) One hundred twenty days, when the purchaser has reduced the
unpaid balance to an amount which is 50 percent or less of the
purchase price.
(4) The seller shall cause to be recorded in the real property
records of each county in which any part of the property is
located a copy of the notice, together with an affidavit of
service or mailing of the notice of default, reciting the date
the notice was served or mailed and the name and address of each
person to whom it was given. From the date of recording, the
notice and affidavit shall constitute constructive notice to
third persons of the pending forfeiture. If, not later than one
year after the time for cure stated in a recorded notice and
affidavit or any recorded extension thereof, no declaration of
forfeiture based upon the recorded notice and affidavit has been
recorded and no extension of time for cure executed by the seller
has been recorded, the notice and affidavit shall not be
effective for any purpose nor shall it impart any constructive or
other notice to third persons acquiring an interest in the
purchaser's interest in the contract or the property or any
portion of either. Any extension of time for cure executed by the
seller shall be recorded in the same manner as the original
notice and affidavit.
(5) The statement contained in the notice as to the time after
which the contract will be forfeited if the default is not cured
shall conclusively be presumed to be correct, and the notice
adequate, unless one or more recipients of such notice notifies
the seller or the attorney for the seller, by registered or
certified mail, that such recipient claims the right to a longer
period of time in which to cure the default.
(6) Subject to the procedural requirements of the Oregon Rules
of Civil Procedure, an action may be instituted to appoint a
receiver or to obtain a temporary restraining order during
forfeiture under a land sale contract, except that a receiver
shall not be appointed with respect to a single-family residence
which is occupied at the time the notice of default is given, as
the principal residence of the purchaser, the purchaser's
spouse { + , the purchaser's reciprocal beneficiary as defined in
section 1 of this 2007 Act + } or the purchaser's minor dependent
children.
SECTION 31. ORS 95.200 is amended to read:
95.200. As used in ORS 95.200 to 95.310:
(1) 'Affiliate' means any of the following:
(a) A person who directly or indirectly owns, controls or holds
with power to vote 20 or more percent of the outstanding voting
securities of the debtor, other than a person who holds the
securities:
(A) As a fiduciary or agent without sole discretionary power to
vote the securities; or
(B) Solely to secure a debt, if the person has not in fact
exercised the power to vote.
(b) A corporation, 20 or more percent of whose outstanding
voting securities are directly or indirectly owned, controlled or
held with power to vote by the debtor or by a person who directly
or indirectly owns, controls or holds with power to vote 20 or
more percent of the outstanding voting securities of the debtor,
other than a person who holds the securities:
(A) As a fiduciary or agent without sole discretionary power to
vote the securities; or
(B) Solely to secure a debt, if the person has not in fact
exercised the power to vote.
(c) A person whose business is operated by the debtor under a
lease or other agreement, or a person substantially all of whose
assets are controlled by the debtor.
(d) A person who operates the debtor's business under a lease
or other agreement or controls substantially all of the debtor's
assets.
(2) 'Asset' means property of a debtor but does not include:
(a) Property to the extent that it is encumbered by a valid
lien;
(b) Property to the extent that it is generally exempt under
nonbankruptcy law; or
(c) An interest in property held in tenancy by the entirety to
the extent that it is not subject to process by a creditor
holding a claim against only one tenant.
(3) 'Claim' means a right to payment, whether or not the right
is reduced to judgment, liquidated, unliquidated, fixed,
contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured or unsecured.
(4) 'Creditor' means a person who has a claim against a debtor.
(5) 'Debt' means liability on a claim.
(6) 'Debtor' means a person against whom a creditor has a
claim.
(7) An 'insider' includes:
(a) If the debtor is an individual:
(A) A relative of the debtor or of a general partner of the
debtor;
(B) A partnership in which the debtor is a general partner;
(C) A general partner in a partnership described in
subparagraph (B) of this paragraph; or
(D) A corporation of which the debtor is a director, officer or
person in control.
(b) If the debtor is a corporation:
(A) A director of the debtor;
(B) An officer of the debtor;
(C) A person in control of the debtor;
(D) A partnership in which the debtor is a general partner;
(E) A general partner in a partnership described in
subparagraph (D) of this paragraph; or
(F) A relative of a general partner, director, officer or
person in control of the debtor.
(c) If the debtor is a partnership:
(A) A general partner in the debtor;
(B) A relative of a general partner in a debtor, of a general
partner of a debtor, or of a person in control of the debtor;
(C) Another partnership in which the debtor is a general
partner;
(D) A general partner in a partnership described in
subparagraph (C) of this paragraph; or
(E) A person in control of the debtor.
(d) An affiliate or an insider of an affiliate as if the
affiliate were the debtor; and
(e) A managing agent of the debtor.
(8) 'Lien' means a charge against or an interest in property to
secure payment of a debt or performance of an obligation,
including a security interest created by agreement, a judicial
lien obtained by legal or equitable process or proceedings, a
common-law lien or a statutory lien.
(9) 'Person' means an individual, partnership, corporation,
association, organization, government or governmental subdivision
or agency, business trust, estate, trust or any other legal or
commercial entity.
(10) 'Property' means anything that may be the subject of
ownership.
(11) 'Relative' means an individual related within the third
degree as determined by the common law, a spouse { + or
reciprocal beneficiary as defined in section 1 of this 2007
Act + }, or an individual related to a spouse { + or reciprocal
beneficiary + } within the third degree as so determined, and
includes an individual in an adoptive relationship within the
third degree.
(12) 'Transfer' means every mode, direct or indirect, absolute
or conditional, voluntary or involuntary, of disposing of or
parting with an asset or an interest in an asset, and includes a
payment of money, a release, a lease and the creation of a lien
or encumbrance.
(13) 'Valid lien' means a lien that is effective against the
holder of a judicial lien subsequently obtained by legal or
equitable process or proceedings.
SECTION 32. ORS 97.082 is amended to read:
97.082. (1) Except as provided in subsection (2) of this
section, whenever a person dies and no autopsy is ordered by a
medical examiner or district attorney pursuant to ORS 146.117, an
autopsy may not be conducted without the prior written consent of
a person within the first applicable class of the following
listed classes:
(a) The spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2007 Act, + } of the decedent;
(b) A son or daughter of the decedent 18 years of age or older;
(c) Either parent of the decedent;
(d) A brother or sister of the decedent 18 years of age or
older;
(e) A guardian of the decedent at the time of death;
(f) A person in the next degree of kindred to the decedent;
(g) The personal representative of the estate of the decedent;
or
(h) The person nominated as the personal representative of the
decedent in the decedent's last will.
(2)(a) Consent required under subsection (1) of this section
must be granted on a written autopsy consent form developed
pursuant to subsection (3) of this section.
(b) If the person authorized by subsection (1) of this section
to grant written consent to conduct an autopsy is not available
to grant written consent in person, the authorized person may
grant consent by completing the required consent form and
returning the signed form, by facsimile or other electronic
transmission, to the party requesting permission.
(3) The Public Health Officer, in consultation with the State
Medical Examiner, shall develop and make available a standardized
written autopsy consent form that:
(a) Grants the person specified in subsection (1) of this
section the authority to:
(A) Grant permission to conduct an unlimited autopsy;
(B) Grant permission to conduct a limited autopsy and to
specify what limitations are imposed upon the autopsy; or
(C) Refuse permission to conduct an autopsy.
(b) Provides a section for the person specified in subsection
(1) of this section to submit specific instructions with respect
to tests to be performed during the autopsy and to the
disposition of organs and tissue removed for purposes of a
limited autopsy.
(c) Provides that the consent signature be accompanied by the
signature of a witness.
SECTION 33. ORS 97.130 is amended to read:
97.130. (1) Any individual of sound mind who is 18 years of age
or older, by completion of a written signed instrument or by
preparing or prearranging with any funeral service practitioner
licensed under ORS chapter 692, may direct any lawful manner of
disposition of the individual's remains. Except as provided under
subsection (6) of this section, disposition directions or
disposition prearrangements that are prepaid or that are filed
with a funeral service practitioner licensed under ORS chapter
692 shall not be subject to cancellation or substantial revision.
(2) A person within the first applicable listed class among the
following listed classes that is available at the time of death
or, in the absence of actual notice of a contrary direction by
the decedent as described under subsection (1) of this section or
actual notice of opposition by completion of a written instrument
by a member of the same class or a member of a prior class, may
direct any lawful manner of disposition of a decedent's remains
by completion of a written instrument:
(a) The spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2007 Act, + }of the decedent.
(b) A son or daughter of the decedent 18 years of age or older.
(c) Either parent of the decedent.
(d) A brother or sister of the decedent 18 years of age or
older.
(e) A guardian of the decedent at the time of death.
(f) A person in the next degree of kindred to the decedent.
(g) The personal representative of the estate of the decedent.
(h) The person nominated as the personal representative of the
decedent in the decedent's last will.
(i) A public health officer.
(3) The decedent or any person authorized in subsection (2) of
this section to direct the manner of disposition of the
decedent's remains may delegate such authority to any person 18
years of age or older. Such delegation shall be made by
completion of the written instrument described in subsection (7)
of this section. The person to whom the authority is delegated
shall have the same authority under subsection (2) of this
section as the person delegating the authority.
(4) If a decedent or the decedent's designee issues more than
one authorization or direction for the disposal of the decedent's
remains, only the most recent authorization or direction shall be
binding.
(5) A donation of anatomical gifts under ORS 97.952 or 97.954
shall take priority over directions for the disposition of a
decedent's remains under this section only if the person making
the donation is of a priority under subsection (1) or (2) of this
section the same as or higher than the priority of the person
directing the disposition of the remains.
(6) If the decedent directs a disposition under subsection (1)
of this section and those financially responsible for the
disposition are without sufficient funds to pay for such
disposition or the estate of the decedent has insufficient funds
to pay for the disposition, or if the direction is unlawful, the
direction shall be void and disposition shall be in accordance
with the direction provided by those persons given priority in
subsection (2) of this section and who agree to be financially
responsible.
(7) The signature of the individual shall be required for the
completion of the written instrument required in subsection (3)
of this section. The following form or a form substantially
similar shall be used by all individuals:
_________________________________________________________________
APPOINTMENT OF PERSON
TO MAKE DECISIONS
CONCERNING DISPOSITION
OF REMAINS
I, ____________, appoint ____________, whose address is
__________ and whose telephone number is (__) ______, as the
person to make all decisions regarding the disposition of my
remains upon my death for my burial or cremation. In the event
________ is unable to act, I appoint ________, whose address is
____________ and whose telephone number is (__) ______, as my
alternate person to make all decisions regarding the disposition
of my remains upon my death for my burial or cremation.
It is my intent that this Appointment of Person to Make
Decisions Concerning Disposition of Remains act as and be
accepted as the written authorization presently required by ORS
97.130 (or its corresponding future provisions) or any other
provision of Oregon Law, authorizing me to name a person to have
authority to dispose of my remains.
DATED this __ day of ____, ___.
____________
(Signature)
DECLARATION OF WITNESSES
We declare that ________ is personally known to us, that he/she
signed this Appointment of Person to Make Decisions Concerning
Disposition of Remains in our presence, that he/she appeared to
be of sound mind and not acting under duress, fraud or undue
influence, and that neither of us is the person so appointed by
this document.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Witnessed By:
__________
Date: ___
Witnessed By:
__________
Date: ___
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(8) Subject to the provisions of ORS 97.950 to 97.964, if
disposition of the remains of a decedent has not been directed
and authorized under this section within 10 days after the date
of the death of the decedent, a public health officer may direct
and authorize disposition of the remains.
SECTION 34. ORS 97.570 is amended to read:
97.570. (1) The spouse of an owner of any plot containing more
than one interment space has a vested right of interment of the
remains of the spouse in the plot, and any person thereafter
becoming the spouse of the owner has a vested right of interment
of the remains of the person in the plot if more than one
interment space is unoccupied at the time the person becomes the
spouse of the owner.
{ + (2) The reciprocal beneficiary, as defined in section 1
of this 2007 Act, of an owner of any plot containing more than
one interment space has a vested right of interment of the
remains of the reciprocal beneficiary in the plot, and any person
thereafter becoming the reciprocal beneficiary of the owner has a
vested right of interment of the remains of the person in the
plot if more than one interment space is unoccupied at the time
the person becomes the reciprocal beneficiary of the owner. + }
{ - (2) - } { + (3) + } The purchase by a married
person { + or a person in a reciprocal beneficiary
relationship + } of more than one interment space shall create in
the spouse { + or reciprocal beneficiary of the person + } a
right of interment therein.
SECTION 35. ORS 97.580 is amended to read:
97.580. { + (1) + } { - No - } { + A + } conveyance or
other action of the owner without the written consent or joinder
of the spouse of the owner
{ - divests - } { + does not divest + } the spouse of the
vested right of interment, except that a judgment of divorce
between them terminates the right unless otherwise provided in
the judgment.
{ + (2) A conveyance or other action of the owner without the
written consent or joinder of the reciprocal beneficiary, as
defined in section 1 of this 2007 Act, of the owner does not
divest the reciprocal beneficiary of the vested right of
interment, except that a termination of the reciprocal
beneficiary agreement terminates the right. + }
SECTION 36. ORS 97.600 is amended to read:
97.600. Upon the death of the owner, unless the owner has
disposed of the plot either by specific direction in the will of
the owner or by a written declaration filed and recorded in the
office of the cemetery authority, if no interment has been made
in an interment plot which has been transferred by deed or
certificate of ownership to an individual owner or if all remains
previously interred are lawfully removed, the plot descends to
the heirs at law of the owner, subject to the rights of interment
of the decedent and the surviving spouse { + or surviving
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } of the decedent.
SECTION 37. ORS 97.630 is amended to read:
97.630. (1) Whenever an interment of the remains of a member or
of a relative of a member of the family of the record owner, or
of the remains of the record owner, is made in a plot transferred
by deed or certificate of ownership to an individual owner, and
the owner dies without making disposition of the plot, either by
direction in the owner's will, or by a written declaration filed
and recorded in the office of the cemetery authority, the plot
thereby becomes inalienable and shall be held as the family plot
of the owner, and occupied in the following order:
(a) One grave, niche or crypt may be used for the owner's
interment; one for the owner's surviving spouse, { - if there
is one, - } { + if any, or surviving reciprocal beneficiary as
defined in section 1 of this 2007 Act, if any, + } who by ORS
97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to
97.920 and 97.990 has a vested right of interment in it; and in
those remaining, if any, the children of the deceased owner in
order of death may be interred without the consent of any person
claiming any interest in the plot.
(b) If no child survives, the right of interment goes in order
of death to the spouse { + or reciprocal beneficiary + } of any
child of the record owner.
(2) Any surviving spouse { + , reciprocal beneficiary + },
child or child's spouse { + or reciprocal beneficiary + } who
has a right of interment in a family plot may waive such right in
favor of any other relative or spouse { + or reciprocal
beneficiary + } of a relative of either the deceased owner or of
the deceased owner's spouse { + or reciprocal beneficiary + },
and upon such waiver the remains of the person in whose favor the
waiver is made may be interred in the plot.
(3) Notwithstanding subsection (1) of this section, the
personal representative of the deceased owner of a family plot
may sell unoccupied interment spaces in the plot as property of
the estate of the deceased owner when there are no existing
rights of interment in those spaces or all existing rights of
interment in those spaces have been waived and thereby
terminated.
(4) Whenever a plot is transferred by deed or certificate of
ownership to an individual owner and the transfer is recorded on
the books of the cemetery authority, the cemetery authority shall
provide to the individual owner a written statement, in a form
approved by the State Mortuary and Cemetery Board, containing a
clear explanation of the provisions of subsections (1) and (2) of
this section and of the rights of interment established thereby.
SECTION 38. ORS 97.954 is amended to read:
97.954. (1) A person within the first applicable listed class
among the following listed classes that is available at the time
of death or, in the absence of actual notice of a contrary
direction by the decedent or actual notice of opposition by a
member of the same class or a member of a prior class, may make
an anatomical gift of all or a part of the body of a decedent for
any authorized purpose:
(a) A person to whom the decedent has granted power of
attorney;
(b) The spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2007 Act, + } of the decedent;
(c) A son or daughter of the decedent 18 years of age or older;
(d) Either parent of the decedent;
(e) A brother or sister of the decedent 18 years of age or
older;
(f) A guardian of the decedent at the time of death;
(g) A person in the next degree of kindred to the decedent;
(h) The personal representative of the estate of the decedent;
(i) The person nominated as the personal representative of the
decedent in the decedent's last will; or
(j) A public health officer.
(2) No person, hospital or procurement organization shall
accept a gift made by an individual under subsection (1) of this
section if:
(a) An individual in a prior class is available at the time of
death to make an anatomical gift;
(b) The individual proposing to make an anatomical gift knows
of a refusal or contrary indications by the decedent; or
(c) The individual proposing to make an anatomical gift knows
of an objection to making an anatomical gift by another member of
the individual's class or a member of a prior class.
(3) An anatomical gift by an individual authorized under
subsection (1) of this section must be made by a document of
anatomical gift signed by the individual or the individual's
telegraphic, recorded telephonic or other recorded message, or
other form of communication from the individual that is
contemporaneously put in written form and signed by the recipient
of the communication.
(4) An anatomical gift by an individual authorized under
subsection (1) of this section may be revoked by any member of
the same or a prior class if, before procedures have begun for
the removal of a part from the body of the decedent, the
physician, technician or enucleator removing the part knows of
the revocation.
SECTION 39. ORS 97.966 is amended to read:
97.966. A person named executor who carries out the gift of the
testator made under the provisions of ORS 97.950 to 97.964 before
issuance of letters testamentary or under a will which is not
admitted to probate shall not be liable to the surviving
spouse { + , surviving reciprocal beneficiary as defined in
section 1 of this 2007 Act + } or next of kin for performing acts
necessary to carry out the gift of the testator.
SECTION 40. ORS 105.965 is amended to read:
105.965. ORS 105.950, statutory rule against perpetuities, does
not apply to:
(1) A nonvested property interest or a power of appointment
arising out of a nondonative transfer, except a nonvested
property interest or a power of appointment arising out of:
(a) A premarital or postmarital agreement;
(b) A separation or divorce settlement;
(c) { - A spouse's election - } { + The election of a
spouse or reciprocal beneficiary, as defined in section 1 of this
2007 Act + };
(d) A similar arrangement arising out of a prospective existing
or previous marital relationship between the parties;
(e) A contract to make or not to revoke a will or trust;
(f) A contract to exercise or not to exercise a power of
appointment;
(g) A transfer in satisfaction of a duty of support; or
(h) A reciprocal transfer;
(2) A fiduciary's power relating to the administration or
management of assets, including the power of a fiduciary to sell,
lease or mortgage property, and the power of a fiduciary to
determine principal and income;
(3) A power to appoint a fiduciary;
(4) A discretionary power of a trustee to distribute principal
before termination of a trust to a beneficiary having an
indefeasibly vested interest in the income and principal;
(5) A nonvested property interest held by a charity, government
or governmental agency or subdivision, if the nonvested property
interest is preceded by an interest held by another charity,
government or governmental agency or subdivision;
(6) A nonvested property interest in or a power of appointment
with respect to a trust or other property arrangement forming
part of a pension, profit sharing, stock bonus, health,
disability, death benefit, income deferral or other current or
deferred benefit plan for one or more employees, independent
contractors or their beneficiaries { + , + } { - or - }
spouses { + or reciprocal beneficiaries + }, to which
contributions are made for the purpose of distributing to or for
the benefit of the participants or their beneficiaries { + , + }
{ - or - } spouses { + or reciprocal beneficiaries + } the
property, income or principal in the trust or other property
arrangement, except a nonvested property interest or a power of
appointment that is created by an election of a participant or a
beneficiary { + , + } { - or - } spouse { + or reciprocal
beneficiary + }; or
(7) A property interest, power of appointment or arrangement
that was not subject to the common-law rule against perpetuities
or is excluded by another statute of this state.
SECTION 41. ORS 107.705 is amended to read:
107.705. As used in ORS 107.700 to 107.735:
(1) 'Abuse' means the occurrence of one or more of the
following acts between family or household members:
(a) Attempting to cause or intentionally, knowingly or
recklessly causing bodily injury.
(b) Intentionally, knowingly or recklessly placing another in
fear of imminent bodily injury.
(c) Causing another to engage in involuntary sexual relations
by force or threat of force.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Family or household members' means any of the following:
(a) Spouses.
(b) Former spouses.
{ + (c) Reciprocal beneficiaries, as defined in section 1 of
this 2007 Act.
(d) Former reciprocal beneficiaries. + }
{ - (c) - } { + (e) + } Adult persons related by blood,
marriage or adoption.
{ - (d) - } { + (f) + } Persons who are cohabiting or who
have cohabited with each other.
{ - (e) - } { + (g) + } Persons who have been involved in a
sexually intimate relationship with each other within two years
immediately preceding the filing by one of them of a petition
under ORS 107.710.
{ - (f) - } { + (h) + } Unmarried parents of a child.
(4) 'Interfere' means to interpose in a manner that would
reasonably be expected to hinder or impede a person in the
petitioner's situation.
(5) 'Intimidate' means to act in a manner that would reasonably
be expected to threaten a person in the petitioner's situation,
thereby compelling or deterring conduct on the part of the
person.
(6) 'Menace' means to act in a manner that would reasonably be
expected to threaten a person in the petitioner's situation.
(7) 'Molest' means to act, with hostile intent or injurious
effect, in a manner that would reasonably be expected to annoy,
disturb or persecute a person in the petitioner's position.
SECTION 42. ORS 107.718 is amended to read:
107.718. (1) When a person files a petition under ORS 107.710,
the circuit court shall hold an ex parte hearing in person or by
telephone on the day the petition is filed or on the following
judicial day. Upon a showing that the petitioner has been the
victim of abuse committed by the respondent within 180 days
preceding the filing of the petition, that there is an imminent
danger of further abuse to the petitioner and that the respondent
represents a credible threat to the physical safety of the
petitioner or the petitioner's child, the court shall, if
requested by the petitioner, order:
(a) Except as provided in subsection (2) of this section, that
temporary custody of the children of the parties be awarded to
the petitioner or, at the request of the petitioner, to the
respondent, subject to reasonable parenting time rights of the
noncustodial parent, which the court shall order, unless such
parenting time is not in the best interest of the child;
(b) That the respondent be required to move from the
petitioner's residence, if in the sole name of the petitioner or
if it is jointly owned or rented by the petitioner and the
respondent, or if the parties are married to each other { + or
in a reciprocal beneficiary agreement + };
(c) That the respondent be restrained from entering, or
attempting to enter, a reasonable area surrounding the
petitioner's current or subsequent residence if the respondent is
required to move from petitioner's residence;
(d) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party or the party's children, or both, including
but not limited to clothing, toiletries, diapers, medications,
Social Security cards, birth certificates, identification and
tools of the trade;
(e) That the respondent be restrained from intimidating,
molesting, interfering with or menacing the petitioner, or
attempting to intimidate, molest, interfere with or menace the
petitioner;
(f) That the respondent be restrained from intimidating,
molesting, interfering with or menacing any children in the
custody of the petitioner, or attempting to intimidate, molest,
interfere with or menace any children in the custody of the
petitioner;
(g) That the respondent be restrained from entering, or
attempting to enter, on any premises and a reasonable area
surrounding the premises when it appears to the court that such
restraint is necessary to prevent the respondent from
intimidating, molesting, interfering with or menacing the
petitioner or children whose custody is awarded to the
petitioner;
(h) Other relief that the court considers necessary to provide
for the safety and welfare of the petitioner and the children in
the custody of the petitioner including, but not limited to,
emergency monetary assistance from the respondent; or
(i) That the respondent have no contact with the petitioner in
person, by telephone or by mail except as described in parenting
time ordered under this section.
(2) If the court determines that exceptional circumstances
exist that affect the custody of a child, the court shall order
the parties to appear and provide additional evidence at a
hearing to determine temporary custody and resolve other
contested issues. Pending the hearing, the court may make any
orders regarding the child's residence and the parties' contact
with the child that the court finds appropriate to provide for
the child's welfare and the safety of the parties. The court
shall set a hearing time and date as provided in ORS 107.716 (2)
and issue a notice of the hearing at the same time the court
issues the restraining order.
(3) The court's order under subsection (1) of this section is
effective for a period of one year or until the order is
withdrawn or amended, or until the order is superseded as
provided in ORS 107.722, whichever is sooner.
(4) If respondent is restrained from entering, or attempting to
enter, an area surrounding petitioner's residence or any other
premises, the order restraining respondent shall specifically
describe the area.
(5) Imminent danger under this section includes but is not
limited to situations in which the respondent has recently
threatened petitioner with additional bodily harm.
(6) If the court awards parenting time to a parent who
committed abuse, the court shall make adequate provision for the
safety of the child and of the petitioner. The order of the court
may include, but is not limited to, the following:
(a) That exchange of a child between parents shall occur at a
protected location.
(b) That parenting time be supervised by another person or
agency.
(c) That the perpetrator of the abuse be required to attend and
complete, to the satisfaction of the court, a program of
intervention for perpetrators or any other counseling program
designated by the court as a condition of the parenting time.
(d) That the perpetrator of the abuse not possess or consume
alcohol or controlled substances during the parenting time and
for 24 hours preceding the parenting time.
(e) That the perpetrator of the abuse pay all or a portion of
the cost of supervised parenting time, and any program designated
by the court as a condition of parenting time.
(f) That no overnight parenting time occur.
(7) An instruction brochure shall be available from the clerk
of the circuit court explaining the rights set forth under ORS
107.700 to 107.735. The petition, order and related forms shall
be available from the clerk of the court and shall be in
substantially the following form:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
________
, )
Petitioner )PETITION FOR
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
vs. )
)No. _____
)
________
, )
Respondent )
(person to be )
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO
NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO
HOLD YOU IN CONTEMPT OF COURT.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is
true:
I am a resident of __________ County, Oregon.
Respondent is a resident of ____ County, Oregon.
I am ____ years of age and Respondent is ____ years of age.
1. CHECK AND FILL OUT THE SECTION(S) that apply to you and
respondent:
_ A. Respondent is my ___ spouse ___ former spouse. We were
married on ___________, 2__. We were divorced on
___________, 2__.
_ { +Respondent is my ___ reciprocal beneficiary ___ former
reciprocal beneficiary. We entered into a reciprocal
beneficiary agreement on ___________, 2__. We terminated
the reciprocal beneficiary agreement on ___________, 2__.
+ }
_ { -{B+ C.}+ } Respondent and I are adults related by blood,
marriage or adoption. Respondent is my ___________ (type
of relationship).
_ { -{C+ D.}+ } Respondent and I have been living together
since ____ , 2__.
_ { -{D+ E.}+ } Respondent and I lived together from ____,
2__, to ________, 2__.
_ { -{E+ F.}+ } Respondent and I have been involved in a
sexually intimate relationship within the last two years.
_ { -{F+ G.}+ } Respondent and I are the unmarried parents of
a child.
_ { -{G+ H.}+ } I am a minor and have been involved in a
sexually intimate relationship with respondent who is 18
years of age or older.
2. To qualify for a restraining order, respondent must have done
one or more of the following:
Within the last 180 days, respondent has:
_ A. Caused me bodily injury.
_ B. Attempted to cause me bodily injury.
_ C. Placed me in fear of imminent bodily injury.
_ D. Caused me to engage in involuntary sexual relations by
force or threat of force.
3. Any period of time after the abuse occurred during which
respondent was incarcerated (in jail or prison) or lived more
than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a
restraining order.
Respondent was incarcerated from ________, 2__, to ________,
2__.
Respondent lived more than 100 miles from my home from
________, 2__, to ________, 2__.
4. Did the abuse happen within the last 180 days not including
the times respondent was incarcerated (in jail or prison) or
lived more than 100 miles from your home? Yes No
Date and location of abuse:
_______________
_______________
How did respondent hurt or threaten you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent has hurt or threatened to hurt
you? If Yes, Explain:
_______________
_______________
_______________
6. I am in imminent danger of further abuse by respondent
because:
_______________
_______________
_______________
7. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions,
explain:
_______________
_______________
8. A. There (is) (is not) another restraining order pending
between respondent and me. It is filed in __ (County),
__ (State), and I am (Petitioner) or (Respondent) in that
case.
The case number of the case is: __________
B. There (is) (is not) another lawsuit pending between
respondent and me for divorce, annulment, legal
separation, filiation (paternity), custody, parenting
time or visitation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
C. If you and respondent are unmarried, has legal paternity
of your children been established? Yes No
In what way? Birth certificate
Child support
proceeding
Paternity lawsuit
Other
Explain: __________
9. A. The children of respondent and me who are under 18 years
of age are:
Name _____ Age __
Name _____ Age __
Name _____ Age __
Name _____ Age __
B. The children are now living with __________, at _______
(address).
For how long? _____
C. I believe that I will need the assistance of a peace
officer to regain custody of my children from respondent.
Yes No
D. Is there a custody or any other order now in effect
concerning any of these children? Yes No
Type of order: _______
The case number is: ___ and it is filed in ___ (County),
___ (State).
E. Where have the children listed in A. above lived for the
last five years and with whom?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
CountLivePresent
Dates StateWithAddress
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
From_
to _
__
__
__
From_
to _
__
__
__
From_
to _
__
__
__
From_
to _
__
__
__
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
F. I have not been involved as a party, witness or in any
other capacity in any other custody, parenting time or
visitation lawsuits concerning the children in this or
any other state except:
____________
____________
G. I know of no other custody, parenting time or visitation
lawsuits concerning the children in this or any other
state except:
____________
H. I know of no one, other than respondent, who has physical
custody of the children or who claims custody, parenting
time or visitation rights with the children, except:
____________
I. My children have not lived in Oregon for the last six
months but my children and I are now present in Oregon
and I want the court to award me custody because
(describe the emergency that makes this necessary or
information that is in Oregon that relates to the
children):
____________
10. Respondent may be required to move from your residence if it
is in your sole name, or if it is jointly owned or rented by
you and respondent, or if you and respondent are married or
in a reciprocal beneficiary agreement.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE '
PETITIONER'S REQUEST' COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
_________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
RELEVANT DATA
RESPONDENT __________
Sex __ Telephone # _____
Residence Address __________
City/State/Zip __________
County __________
Birthdate ____ Age __
Race ____
Height _____ Weight _____
Eye Color _____
PETITIONER (you) ________
Sex ___ *Telephone # _____
*Residence Address ________
City/State/Zip __________
County __________
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
*If you wish to have your residential address or telephone
number withheld from respondent, use a contact address and
telephone number so the Court and the Sheriff can reach you
if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
_______
Employment Hours _____
Address: ____
_______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Description of vehicle ________
Does respondent have any weapons or access to weapons? Explain:
_________________________________________________________________
_________________________________________________________________
Has respondent ever been arrested for or convicted of a violent
crime? Explain:
_________________________________________________________________
_________________________________________________________________
Is there anything about respondent's character, past behavior or
the present situation that indicates that respondent may be a
danger to self or other? Explain:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
)
vs. )
No. _____
)
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO THE RESPONDENT: VIOLATION OF THIS RESTRAINING ORDER MAY
RESULT IN YOUR ARREST AND IN CIVIL AND/OR CRIMINAL PENALTIES.
THIS ORDER IS ENFORCEABLE IN EVERY STATE. REVIEW THIS ORDER
CAREFULLY. EACH PROVISION MUST BE OBEYED. SEE YOUR RIGHTS TO A
HEARING.
The Court, having reviewed the petition, makes the following
findings:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Petitioner and respondent are related as follows (check all that apply):
A. Petitioner and respondent are spouses. ___
B. Petitioner and respondent are former spouses. ___
{ +
C. Petitioner and respondent are reciprocal beneficiaries. + }
___
{ +
D. Petitioner and respondent are former reciprocal beneficiaries. + }
___
{ -
C. - }
{ +
E. + }
Petitioner and respondent are adult persons related by blood,
___
marriage or adoption.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
D. - }
{ +
F. + }
Petitioner and respondent are cohabiting or have cohabited
___
with each other.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
E. - }
{ +
G. + }
Petitioner and respondent have been involved in a sexually
___
intimate relationship with each other within the last two years.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
F. - }
{ +
H. + }
Petitioner and respondent are unmarried parents of a child.
___
{ -
G. - }
{ +
I. + }
Petitioner is a minor and has been involved in a sexually
___
intimate relationship with respondent who is 18 years of age or older.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
2. Additional findings:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
A. Petitioner has been abused by respondent as defined by ORS 107.705.
___
B. The abuse of petitioner by respondent occurred within the last
___
180 days as provided in ORS 107.710.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
C. Respondent represents a credible threat to the physical safety
___
of petitioner or petitioner's child and there is an imminent danger of
further abuse to petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
D. If there are children, Oregon has jurisdiction over the issue of the
___
custody of the children under ORS 109.701 to 109.834 on the
following grounds:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
a. Oregon is the home state of the child on the date_this proceeding
_ _
was commenced; or
Oregon was the home state within six months before_this proceeding
__
was commenced and the child is absent from the state, but a parent
or person acting as a parent continues to live in Oregon under
ORS 109.741 (1)(a).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
b. No other state has home state jurisdiction under_ORS 109.741
__
(1)(a); or
The home state of the child ________
_(name)
__
has declined jurisdiction and the child's parents have, or one of
the child's parents or a person acting as a parent has, a significant
connection with Oregon and substantial evidence is available here
concerning the child's care, protection, training and personal
relationships under ORS 109.741 (1)(b).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
c. All courts having jurisdiction under home state grounds under
___
ORS 109.741 (1)(a), or significant connections grounds under ORS 109.741
(1)(b), have declined to exercise jurisdiction under ORS 109.741 (1)(c).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
d. No court of any other state has jurisdiction under_ORS 109.741
__
(1)(a), (b) or (c).
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
e. Emergency grounds exist for the exercise of temporary emergency
___
jurisdiction because the child is present in this state and has
been abandoned; or
Emergency grounds exist for the exercise of temporary emergency
___
jurisdiction because it is necessary to protect the child because the
child, or a sibling or parent of the child, is subjected to or threatened
with mistreatment or abuse under ORS 109.751.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
f. A previous child custody, parenting time, guardianship
___
or juvenile dependency determination has been made in
________
(State/Tribe/Country);
A child custody, parenting time, guardianship or_juvenile
__
dependency proceeding has been commenced in ________
(State/Tribe/Country); or
No child custody, parenting time, guardianship or_juvenile dependency
_ _
determination has been issued or proceeding commenced in another
state, tribe or country having jurisdiction under ORS 109.701 to
109.834. The custody and parenting time provisions in this order
shall become a final determination for purposes of ORS 109.701 to
109.834 if Oregon becomes the home state of the child.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS HEREBY ORDERED that:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with
or menace petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 2. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing any minor children in
petitioner's custody, or attempting to intimidate, molest,
interfere with or menace any minor children
in petitioner's custody:
____________________
___
____________________
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 3. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Petitioner's current or subsequent residence.
___
? Petitioner's business or place of employment.
___
? Petitioner's school. ___
? Other locations. ___
? The area surrounding petitioner's current___
or subsequent residence or petitioner's
school, business, place of employment
or other named premises described as
follows (specifically describe area):
____________________
___
____________________
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 4. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Contacting, or attempting to contact, petitioner by telephone.
___
? Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 5. Respondent is restrained (prohibited) from entering, or
attempting to enter:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? The premises of the children's day care provider.
___
? The children's school. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 6. Respondent shall move from and not return_to the re-
__
sidence located at ________
except with a
peace officer in order to remove essential personal
effects of the respondent, and if the respondent
is the legal custodian, essential personal effects
of respondent's children, including, but not
limited to: clothing, toiletries, diapers, medica-
tions, Social Security cards, birth certificates,
identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 7. A peace officer shall accompany the petitioner to the
___
parties' residence in order to remove essential personal
effects of petitioner, and if the petitioner is the legal
custodian, essential personal effects of the petitioner's
children, including, but not limited to: clothing,
toiletries, diapers, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 8. Petitioner is awarded custody of the following children
___
of the parties, subject to the parenting time terms set
forth below.
Name: ___________
Age: ______
Name: ___________
Age: ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 9. Respondent is awarded custody of the following child-
___
ren of the parties, subject to the parenting time terms set
forth below.
Name: ___________
Age: ______
Name: ___________
Age: ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 10.A peace officer of the county or city in which the child-
___
ren are located shall assist in recovering the custody of
the children of the above parties whose custody has been
awarded to petitioner. The peace officer is authorized to
use any reasonable force necessary to that end.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 11.Other relief: ________________
___
____________________
_
____________________
_
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 12.Petitioner and respondent shall appear at_a_hearing
_
to be held at a time and place shown in the attached
Notice of Hearing. The purpose of the hearing is to
consider the temporary custody of the parties'
children and other relief that may be contested.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 13.Pending the hearing to be held pursuant to_paragraph
_ _
12 above, if temporary custody of the children is not
awarded to the petitioner under ORS 107.718 (1)(a), the
residence of the children and parental access to the
children is as follows with respect to the following
children (include the children's names and dates of birth):
____________________
_
____________________
_
The order contained in this paragraph expires at the
hearing.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 14.The child custody provisions of this order_conflict
_ _
with the child custody provisions of a preexisting order
or judgment issued pursuant to ORS 107.095 (1)(b),
107.105, 107.135, 109.103 or 109.155. The child custody
provisions of this order remain in effect until ___
,
or until another order is issued in the preexisting
case, whichever occurs first.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 15.The child custody provisions of this order_conflict
_ _
with the child custody provisions of a preexisting order
or judgment issued by another jurisdiction. The child
custody provisions of this order remain in effect for
one year or until another order is issued in the
preexisting case, whichever occurs first.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that the party not awarded custody shall be
allowed parenting time as set forth below:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 16NO PARENTING TIME due to ________
___
____________________
_
____________________
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 17. SUPERVISED PARENTING TIME: Three hours per_week,
_ _
Supervised by:
As follows:
(day of week, location, times)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 18. Once per week on ______
(day) from ___
___
a.m./p.m. to ___
a.m./p.m.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 19. On the FIRST and THIRD weekends of each month
___
from 7:00 p.m. Saturday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 20. On the FIRST and THIRD weekends of each month
___
from 7:00 p.m. Friday to 7:00 p.m. Sunday.
The first weekend is the one in which both
Saturday and Sunday are in the new month.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 21. OTHER PARENTING TIME AS FOLLOWS: ___
____________________
_
____________________
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 22. Parenting time details not provided for in_this ORDER,
_ _
including the days or hours of parenting time, shall be
arranged through ____________
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 23. The parent not awarded custody will pick up_and return
__
the children at the curb, or driveway if no curb, of the
residence of the custodial parent or at _____
(name and address of different location) no more than
15 minutes early nor 15 minutes late.
IF RESPONDENT IS NOT AWARDED CUSTODY AND
IF RESPONDENT IS OTHERWISE PROHIBITED
FROM BEING AT PETITIONER'S RESIDENCE,
RESPONDENT MAY BE AT THE CURB, OR DRIVE-
WAY IF NO CURB, OF PETITIONER'S RESIDENCE
FOR A MAXIMUM OF FIVE MINUTES AT THE
PARENTING TIME HOUR SPECIFIED IN THE ORDER
TO PICK UP OR RETURN THE CHILDREN OR AT ANY
OTHER TIME THE PARTIES AGREE TO.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 24. No further service is necessary because respondent
___
appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR
A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR
SUPERSEDED, WHICHEVER OCCURS FIRST.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, No. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I am a resident of the State of Oregon. I am a competent person
18 years of age or older. I am not an attorney for or a party to
this case, or an officer, director or employee of any party to
this case.
On the ___ day of ____, 2__, I served the Restraining Order to
Prevent Abuse, the Petition for Restraining Order to Prevent
Abuse and, if applicable, the Notice of Hearing in this case
personally upon the above-named respondent in ______ County by
delivering to the respondent a copy of those papers, each of
which was certified to be a true copy of each original.
_____________
Signature of ________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, No. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Comes now petitioner, _____, and moves this Court for an order
allowing the voluntary withdrawal and dismissal of the
Restraining Order on file herein.
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
IT IS SO ORDERED this __ day of ___, 2_.
____________
JUDGE
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
(Family Abuse
Petitioner, Prevention Act)
)
and No. ____
) ____
,
____
, )
(D.O.B. ___
) )
)
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT
WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER
BECOMES EFFECTIVE IMMEDIATELY.
IF A NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING ORDER, YOU
ARE REQUIRED TO APPEAR AT A HEARING AT THE TIME AND PLACE
SPECIFIED IN THE NOTICE. THE PURPOSE OF THE HEARING IS TO
CONSIDER TEMPORARY CUSTODY OF YOUR CHILD OR CHILDREN AND OTHER
MATTERS. IF YOU WANT AN EARLIER HEARING DATE THAN THE DATE
SPECIFIED IN THE NOTICE, YOU MUST COMPLETE THE REQUEST FOR
HEARING FORM BELOW AND MAIL OR DELIVER IT TO:
_________________________________________________________________
_________________________________________________________________
IF NO NOTICE OF HEARING IS ATTACHED TO THE RESTRAINING ORDER AND
YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST
COMPLETE THE REQUEST FOR HEARING FORM BELOW AND MAIL OR DELIVER
IT TO:
_________________________________________________________________
_________________________________________________________________
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU
RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE
NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD
WITHIN 21 DAYS, OR WITHIN FIVE DAYS IF CHILD CUSTODY (NOT
PARENTING TIME) IS AT ISSUE.
AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE
CANCELED, CHANGED OR EXTENDED. IF YOU DO NOT APPEAR AT THE
HEARING, THE RESTRAINING ORDER MAY BE UPHELD AND ALL MATTERS
COULD BE DECIDED AGAINST YOU.
IF YOU DO NOT REQUEST A HEARING WITHIN THE TIME ALLOWED BY LAW,
THIS RESTRAINING ORDER WILL BE CONFIRMED BY OPERATION OF LAW.
THAT MEANS THAT THIS RESTRAINING ORDER WILL CONTINUE IN EFFECT AS
ISSUED BECAUSE YOU HAVE BEEN GIVEN BUT HAVE NOT EXERCISED YOUR
RIGHTS TO REQUEST AND PARTICIPATE IN A HEARING. OREGON LAW
CONSIDERS THIS CONFIRMATION SUFFICIENT TO MEET THE REQUIREMENTS
OF FEDERAL LAW THAT MAY PROHIBIT YOU FROM POSSESSING A FIREARM OR
FIREARM AMMUNITION WHILE THIS RESTRAINING ORDER IS IN EFFECT.
KEEP IN MIND THAT THE RESTRAINING ORDER YOU HAVE RECEIVED IS IN
EFFECT AND REMAINS IN EFFECT UNTIL THE COURT THAT ISSUED THE
ORDER MODIFIES IT OR DISMISSES IT OR UNTIL IT EXPIRES. THE ORDER
MAY ALSO BE RENEWED UPON A FINDING THAT A PERSON IN THE
PETITIONER'S SITUATION WOULD REASONABLY FEAR FURTHER ACTS OF
ABUSE BY YOU IF THE ORDER IS NOT RENEWED. IF YOU ARE ARRESTED FOR
VIOLATING THIS ORDER, THE SECURITY AMOUNT (BAIL) IS $5,000,
UNLESS A DIFFERENT AMOUNT IS ORDERED BY THE COURT.
This restraining order, or any order continuing or changing
this order, is enforceable in every county in Oregon. It is also
enforceable in all 50 states, the District of Columbia, tribal
lands and territories of the United States.
Violation of this restraining order, or any order continuing or
changing this order, constitutes contempt of court, punishable by
a fine of up to $500 or one percent of your annual gross income,
whichever is greater, or a jail term of up to six months, or
both. Other sanctions may also be imposed for contempt.
While this order, or any order continuing or changing this
order, is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to violate this order and then violating this order.
Causing the petitioner to cross state lines or tribal land
lines for your purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or
firearm ammunition.
Whether or not a restraining order is in effect, federal law
may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to injure the petitioner and then intentionally committing
a crime of violence causing bodily injury to the petitioner.
Causing the petitioner to travel across state lines or tribal
land lines if your intent is to cause bodily injury to the
petitioner or if the travel results in your causing bodily injury
to the petitioner.
_________________________________________________________________
REQUEST FOR HEARING
1. I am the Respondent in the above-referenced action and I
request a hearing to contest all or part of the order as follows
(mark one or more):
_ The order restraining me from contacting or attempting to
contact the petitioner.
_ The order granting child custody to the petitioner.
_ The terms of the parenting time order.
_ Other __________
2. ? ? If I have checked this box, a Notice of Hearing is
attached to the Restraining Order, setting a hearing for (specify
date and time) ______. However, I believe exceptional
circumstances affect my child or children and require an earlier
hearing. I request an earlier date for a hearing, to be held
within five days after the date I file this request with the
court. I understand that this earlier hearing date must be before
the date specified in the Notice of Hearing.
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me
at the address below my signature.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(8) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to provide the petitioner with one copy and to effect
service and shall have a true copy of the petition and order
delivered to the county sheriff for service upon the respondent,
unless the court finds that further service is unnecessary
because the respondent appeared in person before the court. In
addition and upon request by the petitioner, the clerk shall
provide the petitioner, without charge, two exemplified copies of
the petition and order.
(b) The county sheriff shall serve the respondent personally
unless the petitioner elects to have the respondent served
personally by a private party or by a peace officer who is called
to the scene of a domestic disturbance at which the respondent is
present, and who is able to obtain a copy of the order within a
reasonable amount of time. Proof of service shall be made in
accordance with ORS 107.720. When the order does not contain the
respondent's date of birth and service is effected by the sheriff
or other peace officer, the sheriff or officer shall verify the
respondent's date of birth with the respondent and shall record
that date on the order or proof of service entered into the Law
Enforcement Data System under ORS 107.720.
(c) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
107.700 to 107.735.
(9) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
order and petition shall be returned to the clerk of the court.
The clerk of the court shall notify the petitioner, at the
address provided by the petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner,
at the address provided by the petitioner, that the documents
have not been served. If the petitioner does not respond within
10 days, the county sheriff shall hold the order and petition for
future service and file a return to the clerk of the court
showing that service was not completed.
(10)(a) Within 30 days after a restraining order is served
under this section, the respondent therein may request a court
hearing upon any relief granted. The hearing request form shall
be available from the clerk of the court and shall be in
substantially the form provided in subsection (7) of this
section.
(b) If the respondent requests a hearing under paragraph (a) of
this subsection, the clerk of the court shall notify the
petitioner of the date and time of such hearing, and shall supply
the petitioner with a copy of the respondent's request for a
hearing. The petitioner shall give to the clerk of the court
information sufficient to allow such notification.
(c) The hearing shall not be limited to the issues raised in
the respondent's request for hearing form. If the respondent
seeks to raise an issue at the hearing not previously raised in
the request for hearing form, or if the petitioner seeks relief
at the hearing not granted in the original order, the other party
shall be entitled to a reasonable continuance for the purpose of
preparing a response to the issue.
(11) If the respondent fails to request a hearing within 30
days after a restraining order is served, the restraining order
is confirmed by operation of law. The provisions of this section
are sufficient to meet the due process requirements of 18 U.S.C.
922(g) in that the respondent received actual notice of the right
to request a hearing and the opportunity to participate at the
hearing but the respondent failed to exercise those rights.
SECTION 43. ORS 111.005 is amended to read:
111.005. As used in ORS chapters 111, 112, 113, 114, 115, 116
and 117, unless the context requires otherwise:
(1) 'Abate' means to reduce a devise on account of the
insufficiency of the estate to pay all claims, expenses and
devises in full.
(2) 'Action' includes suits and legal proceedings.
(3) 'Administration' means any proceeding relating to the
estate of a decedent, whether the decedent died testate,
intestate or partially intestate.
(4) 'Advancement' means a gift by a decedent to an heir to
enable the donee to anticipate the inheritance to the extent of
the gift.
(5) 'All purposes of intestate succession' means succession by,
through or from a person, both lineal and collateral.
(6) 'Assets' includes real, personal and intangible property.
(7) 'Claim' includes liabilities of a decedent, whether arising
in contract, in tort or otherwise.
(8) 'Court' or 'probate court' means the court in which
jurisdiction of probate matters, causes and proceedings is vested
as provided in ORS 111.075.
(9) 'Decedent' means a person who has died leaving property
that is subject to administration.
(10) 'Devise,' when used as a noun, means property disposed of
by a will, and includes 'legacy' and 'bequest. '
(11) 'Devise,' when used as a verb, means to dispose of
property by a will, and includes 'bequeath. '
(12) 'Devisee' includes 'legatee' and 'beneficiary. '
(13) 'Distributee' means a person entitled to any property of a
decedent under the will of the decedent or under intestate
succession.
(14) 'Domicile' means the place of abode of a person, where the
person intends to remain and to which, if absent, the person
intends to return.
(15) 'Estate' means the real and personal property of a
decedent, as from time to time changed in form by sale,
reinvestment or otherwise, and augmented by any accretions or
additions thereto and substitutions therefor or diminished by any
decreases and distributions therefrom.
(16) 'Funeral' includes burial or other disposition of the
remains of a decedent, including the plot or tomb and other
necessary incidents to the disposition of the remains.
(17) 'General devise' means a devise chargeable generally on
the estate of a testator and not distinguishable from other parts
thereof or not so given as to amount to a specific devise.
(18) 'Heir' means any person, including the surviving spouse
{ + or surviving reciprocal beneficiary as defined in section 1
of this 2007 Act + }, who is entitled under intestate succession
to the property of a decedent who died wholly or partially
intestate.
(19) 'Interested person' includes heirs, devisees, children,
spouses, { + reciprocal beneficiaries, + }creditors and any
others having a property right or claim against the estate of a
decedent that may be affected by the proceeding. It also includes
fiduciaries representing interested persons.
(20) 'Intestate' means one who dies without leaving a valid
will, or the circumstance of dying without leaving a valid will,
effectively disposing of all the estate.
(21) 'Intestate succession' means succession to property of a
decedent who dies intestate or partially intestate.
(22) 'Issue' includes adopted children and their issue and,
when used to refer to persons who take by intestate succession,
includes all lineal descendants, except those who are the lineal
descendants of living lineal descendants.
(23) 'Net estate' means the real and personal property of a
decedent, except property used for the support of the surviving
spouse { + or surviving reciprocal beneficiary + } and
children { + + }and for the payment of expenses of
administration, funeral expenses, claims and taxes.
(24) 'Net intestate estate' means any part of the net estate of
a decedent not effectively disposed of by the will.
(25) 'Personal property' includes all property other than real
property.
(26) 'Personal representative' includes executor,
administrator, administrator with will annexed and administrator
de bonis non, but does not include special administrator.
(27) 'Property' includes both real and personal property.
(28) 'Real property' includes all legal and equitable interests
in land, in fee and for life.
(29) 'Settlement' includes, as to the estate of a decedent, the
full process of administration, distribution and closing.
(30) 'Specific devise' means a devise of a specific thing or
specified part of the estate of a testator that is so described
as to be capable of identification. It is a gift of a part of the
estate identified and differentiated from all other parts.
(31) 'Will' includes codicil; it also includes a testamentary
instrument that merely appoints an executor or that merely
revokes or revives another will.
SECTION 44. ORS 112.025 is amended to read:
112.025. { + (1) + } If the decedent leaves a surviving spouse
and { + surviving + } issue, the intestate share of the
surviving spouse is:
{ - (1) - } { + (a) + } If there are surviving issue of the
decedent { + , + } all of whom are issue of the surviving spouse
also, the entire net intestate estate.
{ - (2) - } { + (b) + } If there are surviving issue of the
decedent { + , + } one or more of whom are not issue of the
surviving spouse, one-half of the net intestate estate.
{ + (2) If the decedent leaves a surviving reciprocal
beneficiary, as defined in section 1 of this 2007 Act, and
surviving issue, the intestate share of the surviving reciprocal
beneficiary is:
(a) If there are surviving issue of the decedent, all of whom
are issue of the surviving reciprocal beneficiary also, the
entire net intestate estate.
(b) If there are surviving issue of the decedent, one or more
of whom are not issue of the surviving reciprocal beneficiary,
one-half of the net intestate estate. + }
SECTION 45. ORS 112.035 is amended to read:
112.035. { + (1) + } If the decedent leaves a surviving spouse
and no issue, the surviving spouse shall have all of the net
intestate estate.
{ + (2) If the decedent leaves a surviving reciprocal
beneficiary, as defined in section 1 of this 2007 Act, and no
issue, the surviving reciprocal beneficiary shall have all of the
net intestate estate. + }
SECTION 46. ORS 112.045 is amended to read:
112.045. The part of the net intestate estate not passing to
the surviving spouse { + or surviving reciprocal beneficiary, as
defined in section 1 of this 2007 Act, + }shall pass:
(1) To the issue of the decedent. If the issue are all of the
same degree of kinship to the decedent, they shall take equally,
but if of unequal degree, then those of more remote degrees take
by representation.
(2) If there is no surviving issue, to the surviving parents of
the decedent.
(3) If there is no surviving issue or parent, to the brothers
and sisters of the decedent and the issue of any deceased brother
or sister of the decedent by representation. If there is no
surviving brother or sister, the issue of brothers and sisters
take equally if they are all of the same degree of kinship to the
decedent, but if of unequal degree, then those of more remote
degrees take by representation.
(4) If there is no surviving issue, parent or issue of a
parent, to the grandparents of the decedent and the issue of any
deceased grandparent of the decedent by representation. If there
is no surviving grandparent, the issue of grandparents take
equally if they are all of the same degree of kinship to the
decedent, but if of unequal degree, then those of more remote
degrees take by representation.
(5) If, at the time of taking, surviving parents or
grandparents of the decedent are married to each other, they
shall take real property as tenants by the entirety and personal
property as joint owners with the right of survivorship.
SECTION 47. ORS 112.305 is amended to read:
112.305. A will is revoked by the subsequent marriage of the
testator { + or the subsequent entry into a reciprocal
beneficiary agreement, as defined in section 1 of this 2007 Act,
by the testator + } if the testator is survived by a spouse { +
or reciprocal beneficiary + }, unless:
(1) The will evidences an intent that it not be revoked by the
subsequent marriage { + or reciprocal beneficiary agreement + }
or was drafted under circumstances establishing that it was in
contemplation of the marriage { + or reciprocal beneficiary
agreement + };
{ - or - }
(2) The testator and spouse entered into a written contract
before the marriage that either makes provision for the spouse or
provides that the spouse is to have no rights in the estate of
the testator { - . - } { + ; or
(3) The testator and reciprocal beneficiary entered into a
written contract before the reciprocal beneficiary agreement that
either makes provision for the reciprocal beneficiary or provides
that the reciprocal beneficiary is to have no rights in the
estate of the testator. + }
SECTION 48. ORS 112.315 is amended to read:
112.315. Unless a will evidences a different intent of the
testator { - , - } { + :
(1) + } The divorce or annulment of the marriage of the
testator after the execution of the will revokes all provisions
in the will in favor of the former spouse of the testator and any
provision therein naming the former spouse as executor, and the
effect of the will is the same as though the former spouse did
not survive the testator.
{ + (2) The termination of a reciprocal beneficiary
agreement, as defined in section 1 of this 2007 Act, of the
testator after the execution of the will revokes all provisions
in the will in favor of the former reciprocal beneficiary of the
testator and any provision therein naming the former reciprocal
beneficiary as executor, and the effect of the will is the same
as though the former reciprocal beneficiary did not survive the
testator. + }
SECTION 49. ORS 112.735 is amended to read:
112.735. { + (1)(a) + } Upon { + the + } death of a married
person, one-half of the property to which ORS 112.705 to 112.775
apply is the property of the surviving spouse and is not subject
to testamentary disposition by the decedent or distribution under
the laws of succession of this state.
{ + (b) Upon the death of a person in a reciprocal
beneficiary agreement, as defined in section 1 of this 2007 Act,
one-half of the property to which ORS 112.705 to 112.775 apply is
the property of the surviving reciprocal beneficiary and is not
subject to testamentary disposition by the decedent or
distribution under the laws of succession of this state.
(2) + } One-half of { - that - } { + the + } property { +
described in subsection (1) of this section + } is the property
of the decedent and is subject to testamentary disposition or
distribution under the laws of succession of this state. With
respect to property to which ORS 112.705 to 112.775 apply, the
one-half of the property { - which - } { + that + } is the
property of the decedent is not subject to the surviving spouse's
{ + or reciprocal beneficiary's + } right to elect against the
will.
SECTION 50. ORS 112.745 is amended to read:
112.745. If the title to any property to which ORS 112.705 to
112.775 apply was held by the decedent at the time of death,
title of the surviving spouse { + or surviving reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } may be
perfected by an order of the probate court or by execution of an
instrument by the personal representative or the heirs or
devisees of the decedent with the approval of the court. Neither
the personal representative nor the court in which the decedent's
estate is being administered has a duty to discover or attempt to
discover whether property held by the decedent is property to
which ORS 112.705 to 112.775 apply, unless a written demand is
made by the surviving spouse or the spouse's successor in
interest { + or by the surviving reciprocal beneficiary or the
reciprocal beneficiary's successor in interest + }.
SECTION 51. ORS 112.755 is amended to read:
112.755. If the title to any property to which ORS 112.705 to
112.775 apply is held by the surviving spouse { + or surviving
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } at the time of the decedent's death, the personal
representative or an heir or devisee of the decedent may
institute an action to perfect title to the property. The
personal representative has no fiduciary duty to discover or
attempt to discover whether any property held by the surviving
spouse { + or surviving reciprocal beneficiary + } is property
to which ORS 112.705 to 112.775 apply, unless a written demand is
made by an heir, devisee, or creditor of the decedent.
SECTION 52. ORS 112.775 is amended to read:
112.775. (1) ORS 112.705 to 112.775 do not affect rights of
creditors with respect to property to which ORS 112.705 to
112.775 apply.
(2) ORS 112.705 to 112.775 do not prevent married persons
{ + or reciprocal beneficiaries, as defined in section 1 of this
2007 Act, + } from severing or altering their interests in
property to which ORS 112.705 to 112.775 apply.
(3) ORS 112.705 to 112.775 do not authorize a person to dispose
of property by will if it is held under limitations imposed by
law preventing testamentary disposition by that person.
(4) ORS 112.705 to 112.775 shall be so applied and construed as
to effectuate their general purpose to make uniform the law with
respect to the subject of ORS 112.705 to 112.775 among those
states which enact it.
SECTION 53. ORS 113.085 is amended to read:
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
(a) To the executor named in the will.
(b) To the surviving spouse of the decedent or the nominee of
the surviving spouse of the decedent.
{ + (c) To the surviving reciprocal beneficiary, as defined
in section 1 of this 2007 Act, of the decedent or the nominee of
the surviving reciprocal beneficiary of the decedent. + }
{ - (c) - } { + (d) + } To the nearest of kin of the
decedent or the nominee of the nearest of kin of the decedent.
{ - (d) - } { + (e) + } To the Director of Human Services
or a designee, if it appears the decedent received public
assistance pursuant to ORS chapter 411 or 414 and that such
assistance is a claim against the estate.
{ - (e) - } { + (f) + } To the Department of Veterans'
Affairs, if the decedent was a protected person under ORS 406.050
(7), and the department has joined in the petition for such
appointment.
{ - (f) - } { + (g) + } To any other person.
(2) Except as provided in subsection (3) of this section, the
court shall appoint the Department of State Lands as personal
representative if it appears that the decedent died wholly
intestate and without known heirs. The Attorney General shall
represent the Department of State Lands in the administration of
the estate. Any funds received by the Department of State Lands
in the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
(3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died
wholly intestate and without known heirs if the person filing a
petition under ORS 113.035 attaches written authorization from an
estate administrator of the Department of State Lands appointed
under ORS 113.235 approving the filing of the petition by the
person. Except as provided by rule adopted by the Director of the
Department of State Lands, an estate administrator may consent to
the appointment of another person to act as personal
representative only if it appears after investigation that the
estate is insolvent.
SECTION 54. ORS 114.005 is amended to read:
114.005. The spouse { + or reciprocal beneficiary, as defined
in section 1 of this 2007 Act, + } and { + the + } dependent
children of a decedent, or any of them, may continue to occupy
the principal place of abode of the decedent until one year after
the death of the decedent or, if the estate therein is an estate
of leasehold or an estate for the lifetime of another, until one
year after the death of the decedent or the earlier termination
of the estate. During that occupancy:
(1) The occupants shall not commit or permit waste to the
abode, or cause or permit mechanic's or materialman's or other
liens to attach thereto.
(2) The occupants shall keep the abode insured, to the extent
of the fair market value of the improvements, against fire and
other hazards within the extended coverage provided by fire
insurance policies. In the event of loss or damage from those
hazards, to the extent of the proceeds of the insurance, they
shall restore the abode to its former condition.
(3) The occupants shall pay taxes and improvement liens on the
abode as payment thereof becomes due.
(4) The abode is exempt from execution to the extent that it
was exempt when the decedent was living.
SECTION 55. ORS 114.015 is amended to read:
114.015. The court by order shall make necessary and reasonable
provision from the estate of a decedent for the support of the
spouse { + or reciprocal beneficiary, as defined in section 1 of
this 2007 Act, + } and dependent children of the decedent, or any
of them, upon:
(1) Petition therefor by or on behalf of the spouse { + or
reciprocal beneficiary + } or any dependent child;
(2) Service of the petition and notice of hearing thereon to
the personal representative, unless the petitioner is the
personal representative;
(3) Notice to persons whose distributive shares of the estate
may be diminished by the granting of the petition, unless the
court by order directs otherwise; and
(4) Hearing.
SECTION 56. ORS 114.025 is amended to read:
114.025. (1) The petition for support under ORS 114.015 shall
include a description of property, other than property of the
estate, available for the support of the spouse { + or
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } and { + the + } children, and an estimate of the
expenses anticipated for their support. If the petitioner is the
personal representative, the petition shall also include, so far
as known, a statement of the nature and estimated value of the
property of the estate and of the nature and estimated amount of
claims, taxes and expenses of administration.
(2) If the personal representative is not the petitioner, the
personal representative shall answer the petition for support.
The answer shall include, so far as known, a statement of the
nature and estimated value of the property of the estate and of
the nature and estimated amount of claims, taxes and expenses of
administration.
SECTION 57. ORS 114.035 is amended to read:
114.035. Pending hearing upon the petition under ORS 114.015,
temporary support may be allowed by order of the court in an
amount and of a nature the court considers reasonably necessary
for the welfare of the surviving spouse { + or surviving
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } and dependent children of the decedent or any of them.
SECTION 58. ORS 114.055 is amended to read:
114.055. (1) Provision for support under ORS 114.015 ordered by
the court may consist of any one or more of the following:
(a) Transfer of title to personal property.
(b) Transfer of title to real property.
(c) Periodic payment of moneys during administration of the
estate, but the payments may not continue for more than two years
after the date of death of the decedent.
(2) The court, in determining provision for support, shall take
into consideration the solvency of the estate, property available
for support other than property of the estate, and property of
the estate inherited by or devised to the spouse { + or
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } and children.
SECTION 59. ORS 114.085 is amended to read:
114.085. If it appears, after the expiration of four months
after the date of the first publication of notice to interested
persons, that reasonable provision for support of the spouse { +
or reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } and dependent children of the decedent, or any of them,
warrants that the whole of the estate, after payment of claims,
taxes and expenses of administration, be set apart for such
support, the court may so order. There shall be no further
proceeding in the administration of the estate, and the estate
shall summarily be closed.
SECTION 60. ORS 114.105 is amended to read:
114.105. (1) If a decedent is domiciled in this state at the
time of death and dies testate, the surviving spouse { + or
surviving reciprocal beneficiary, as defined in section 1 of this
2007 Act, + } of the decedent has a right to elect to take the
share provided by this section. The elective share consists of
one-fourth of the value of the net estate of the decedent, but
the elective share shall be reduced by the value of the following
property given to the surviving spouse { + or surviving
reciprocal beneficiary + } under the will of the decedent:
(a) Property given outright;
(b) The present value of legal life estates; and
(c) The present value of the right of the surviving spouse { +
or surviving reciprocal beneficiary + } to income or an annuity,
or a right of withdrawal, from any property transferred in trust
by the will that is capable of valuation with reasonable
certainty without regard to the powers forfeited under subsection
(2) of this section.
(2) Except as to property applied under subsection (1) of this
section to reduce the elective share, an election to take under
this section forfeits any other right to take under the will and
under the law of intestate succession. If the will would
otherwise create a power of appointment in the surviving
spouse { + or surviving reciprocal beneficiary + }, the
spouse { + or reciprocal beneficiary + } by electing to take
under this section retains the power only if it is not a general
power of appointment as defined in subsection (4) of this section
and the testator has not provided otherwise, but the spouse { +
or reciprocal beneficiary + } forfeits any general power of
appointment. A power to pay more than the income or annuity or
withdrawals, the value of which reduced the elective share under
subsection (1)(c) of this section, or to apply additional
principal or income in behalf of the electing spouse { + or
reciprocal beneficiary + }, may not be exercised in favor of the
electing spouse { + or reciprocal beneficiary + }.
(3) The right to elect may be barred under ORS 114.115, the
share limited by ORS 114.125 or the right denied or the share
reduced under ORS 114.135.
(4) A general power of appointment is one that the donee may
exercise in favor of the donee, the estate of the donee, the
creditors of the donee or the creditors of the estate of the
donee, during lifetime or at death, and includes one under which
the donee may convey or transfer ownership of the property to
whomever the donee may choose. A power to consume, invade or
appropriate property for the benefit of the donee that is limited
by an ascertainable standard relating to the health, education,
support or maintenance of the donee shall not be deemed a general
power of appointment.
SECTION 61. ORS 114.115 is amended to read:
114.115. The right of the surviving spouse { + or surviving
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } to elect under ORS 114.105 may be barred by the terms of
a written agreement signed by both spouses { + or both
reciprocal beneficiaries + }. The agreement may be entered into
before or after marriage { + or the reciprocal beneficiary
agreement + }.
SECTION 62. ORS 114.125 is amended to read:
114.125. (1) The surviving spouse { + or surviving reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } may
not receive by election under ORS 114.105 any amount which,
together with any of the following property received by the
surviving spouse { + or surviving reciprocal beneficiary + },
exceeds one-half of the total of the following property, such
property to be reduced by the amount of the federal estate tax
payable by reason of the property:
(a) The property passing under the will;
(b) Joint annuities furnished by the decedent;
(c) Proceeds of insurance on the life of the decedent, whether
or not the decedent had any of the incidents of ownership at the
death of the decedent;
(d) Transfers by the decedent within three years before the
date of death, to the extent the decedent did not receive full
consideration in money or money's worth;
(e) Transfers by the decedent during the lifetime of the
decedent as to which the decedent retained power, alone or in
conjunction with any other person, to alter, amend, revoke or
terminate or to designate a beneficiary;
(f) Payments from the employer of the decedent or from a plan
created by the employer or under a contract between the decedent
and the employer of the decedent, excluding workers' compensation
and Social Security payments;
(g) Property appointed by the decedent by will or by deed
executed within three years before the date of death, whether the
power is general or special, but only if the property is
effectively appointed in favor of the surviving spouse { + or
surviving reciprocal beneficiary + }; and
(h) Property in the joint names of the decedent and one or more
other persons, except such proportion as is attributable to
consideration furnished by persons other than the decedent.
(2) For the purpose of subsection (1) of this section, the
surviving spouse { + or surviving reciprocal beneficiary + } is
considered to receive:
(a) Any property as to which the spouse { + or reciprocal
beneficiary + } is given all the income and a general power to
appoint the principal.
(b) Life insurance proceeds settled by the decedent on option,
if the spouse { + or reciprocal beneficiary + } is entitled to
the interest and has a general power to appoint the proceeds or
to withdraw proceeds, or if the spouse { + or reciprocal
beneficiary + } is entitled to an annuity for life or
installments of the entire principal and interest for any period
equal to or less than the normal life expectancy of the
spouse { + or reciprocal beneficiary + }.
(3) As used in subsection (1) of this section, 'property in the
joint names' means all property held or owned under any form of
ownership with right of survivorship, including cotenancy with
remainder to the survivor; stocks, bonds or bank accounts in the
name of two or more persons payable to the survivor; United
States Government bonds in coownership form or payable on death
to a designated person; and shares in credit unions or savings
and loan associations payable on death to a designated person or
in joint form.
SECTION 63. ORS 114.135 is amended to read:
114.135. If the decedent and the surviving spouse were living
apart at the time of the death of the decedent, whether or not
there was a judgment for legal separation, { + or if the
decedent and the surviving reciprocal beneficiary, as defined in
section 1 of this 2007 Act, were living apart at the time of the
death of the decedent, + } the court in its discretion may deny
any right to elect against the will, may reduce the elective
share of the spouse { + or reciprocal beneficiary + } to such
amount as the court determines reasonable and proper or may grant
the full elective share in accordance with the circumstances of
the particular case. The court, in deciding what elective share,
if any, should be granted, shall consider { + :
(1) + } The length of the marriage { - , - } { + and + }
whether the marriage was a first or subsequent marriage for
either or both of the spouses { - , - } { + ;
(2) The length of the reciprocal beneficiary agreement and
whether the agreement was a first or subsequent reciprocal
beneficiary agreement for either or both of the reciprocal
beneficiaries;
(3) + } The contribution of the surviving spouse { + or
reciprocal beneficiary + } to the property of the decedent in the
form of services or transfers of property { - , - } { + ;
(4) + } The length and cause of the separation { + ; + } and
{ + (5) + } Any other relevant circumstances.
SECTION 64. ORS 114.145 is amended to read:
114.145. The surviving spouse { + or surviving reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } is
considered to have elected to take under the will unless, within
90 days after the date of the admission of the will to probate or
30 days after the date of the filing of the inventory, whichever
is later, the surviving spouse { + or surviving reciprocal
beneficiary + } serves on the personal representative or the
attorney of the personal representative and files in the estate
proceeding a statement that the surviving spouse { + or
reciprocal beneficiary + } elects to take under ORS 114.105
instead of under the will. The surviving spouse { + or
reciprocal beneficiary + } may bar any right to take under ORS
114.105 by filing in the estate proceeding a writing, signed by
the spouse { + or reciprocal beneficiary + }, electing to take
under the will.
SECTION 65. ORS 114.155 is amended to read:
114.155. An election under ORS 114.105 may be filed on behalf
of a financially incapable surviving spouse { + or surviving
reciprocal beneficiary, as defined in section 1 of this 2007
Act, + } by a court acting under ORS 125.650 or by the
conservator of the estate of the spouse { + or reciprocal
beneficiary + }. The court or conservator may elect against the
will only if additional assets are needed for the reasonable
support of the surviving spouse { + or surviving reciprocal
beneficiary + }, taking into account the probable needs of the
spouse { + or reciprocal beneficiary + }, the provisions of the
will, any nonprobate property arrangements made by the decedent
for the support of the spouse { + or reciprocal beneficiary + }
and any other assets, whether or not owned by the spouse { + or
reciprocal beneficiary + }, available for such support. The
election is subject to the approval of the court, with or without
notice to other interested persons.
SECTION 66. ORS 114.215 is amended to read:
114.215. (1) Upon the death of a decedent, title to the
property of the decedent vests:
(a) In the absence of testamentary disposition, in the heirs of
the decedent, subject to support of spouse { + or reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } and
children, rights of creditors, administration and sale by the
personal representative; or
(b) In the persons to whom it is devised by the will of the
decedent, subject to support of spouse { + , or reciprocal
beneficiary, + } and children, rights of creditors, right of the
surviving spouse { + or surviving reciprocal beneficiary + } to
elect against the will, administration and sale by the personal
representative.
(2) The power of a person to leave property by will, and the
rights of creditors, devisees and heirs to the property of the
person, are subject to the restrictions and limitations expressed
or implicit in ORS chapters 111, 112, 113, 114, 115, 116 and 117
to facilitate the prompt settlement of estates.
(3) Any animal of a value of less than $2,500 that belonged to
the decedent and that was kept by the decedent as a pet need not
be listed on the inventory of the estate. Any family member of
the decedent, friend of the decedent or animal shelter may take
custody of the animal immediately upon the death of the decedent.
A family member, friend or animal shelter that takes custody of
an animal under this subsection is entitled to payment from the
estate for the cost of caring for the animal. A family member,
friend or animal shelter that takes custody of an animal under
this subsection shall deliver the animal to the personal
representative for the decedent, or to any heir or devisee
entitled to possession of the animal, upon request of the
personal representative, heir or devisee.
SECTION 67. ORS 114.335 is amended to read:
114.335. Upon proof satisfactory to the court by an interested
person that a sale, mortgage or lease of property of the estate
is required for paying support of spouse { + or reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } and
children, elective share of surviving spouse { + or surviving
reciprocal beneficiary + }, claims or expenses of administration,
or for distribution, and that the personal representative has
failed or declined to act, the court may order the personal
representative to make the sale, mortgage or lease.
SECTION 68. ORS 114.355 is amended to read:
114.355. (1) Any sale or encumbrance to the personal
representative, the spouse { + , reciprocal beneficiary as
defined in section 1 of this 2007 Act + }, agent or attorney of
the personal representative, or any corporation or trust in which
the personal representative has more than a one-third beneficial
interest, is voidable unless:
(a) The transaction was consented to by all interested persons
affected thereby; or
(b) The will expressly authorizes the transaction by the
personal representative; or
(c) The transaction was made in compliance with another statute
or with a contract or other instrument executed by the decedent.
(2) The title of a purchaser for value without notice of the
circumstances of the transaction with the personal representative
is not affected unless the purchaser should have known of the
defect in the title of the seller.
SECTION 69. ORS 115.115 is amended to read:
115.115. After the day on which all known claims are barred
under ORS 115.005 (2), the personal representative, after making
provision for support of spouse { + or reciprocal beneficiary as
defined in section 1 of this 2007 Act, + } and children ordered
by the court, for expenses of administration and for claims
already presented which have not been allowed or allowance of
which has been appealed, shall proceed to pay the claims allowed
against the estate in the order of priority prescribed by ORS
115.125. After payment of those claims, claims presented and
allowed under ORS 115.005 (3) shall be paid in the order in which
they are received and to the extent of the remaining assets of
the estate.
SECTION 70. ORS 115.125 is amended to read:
115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
(a) Support of spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2007 Act, + } and children, subject
to the limitations imposed by ORS 114.065.
(b) Expenses of administration.
(c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
(d) Debts and taxes with preference under federal law.
(e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
(f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
(g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent.
(h) Child support arrearages.
(i) The claim of the Department of Human Services for the net
amount of assistance paid to or for the decedent, in the
following order:
(A) The amount of the state's monthly contribution to the
federal government to defray the costs of outpatient prescription
drug coverage provided to a person who is eligible for Medicare
Part D prescription drug coverage and who receives benefits under
the state medical assistance program or Title XIX of the Social
Security Act;
(B) Public assistance, as defined in ORS 411.010, funded
entirely by moneys from the General Fund; and
(C) Public assistance, as defined in ORS 411.010, funded by a
combination of state and federal funds.
(j) The claim of the Department of Corrections for care and
maintenance of any decedent who was at a state institution to the
extent provided in ORS 179.610 to 179.770.
(k) All other claims against the estate.
(2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
SECTION 71. ORS 116.013 is amended to read:
116.013. Upon petition by the personal representative or other
interested person, and after such notice and hearing as the court
may prescribe, the court may order the personal representative to
distribute, prior to final settlement and distribution, property
of the estate to the person or persons who would be entitled to
the property under the will or under intestate succession on
final distribution, if the court finds that:
(1) After the distribution sufficient assets will remain to pay
support of spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2007 Act, + } and children, expenses of
administration, unpaid claims and all known unpaid creditors of
the decedent or of the estate; and
(2) The distribution may be made without loss to creditors or
injury to the estate or to any interested person.
SECTION 72. ORS 116.113 is amended to read:
116.113. (1) If no objections to the final account and petition
for distribution are filed, or if objections are filed, upon the
hearing, the court shall enter a general judgment of final
distribution. In the judgment the court shall designate the
persons in whom title to the estate available for distribution is
vested and the portion of the estate or property to which each is
entitled under the will, by agreement approved by the court or
pursuant to intestate succession. The judgment shall also contain
any findings of the court in respect to:
(a) Advancements.
(b) Election against will by the surviving spouse { + or
surviving reciprocal beneficiary, as defined in section 1 of this
2007 Act + }.
(c) Renunciation.
(d) Lapse.
(e) Adjudicated controversies.
(f) Partial distribution, which shall be confirmed or modified.
(g) Retainer.
(h) Claims for which a special fund is set aside, and the
amount set aside.
(i) Contingent claims that have been allowed and are still
unpaid.
(j) Approval of the final account in whole or in part.
(2) The personal representative is not entitled to approval of
the final account until Oregon income and personal property
taxes, if any, have been paid and appropriate receipts and
clearances therefor have been filed, or until payment of those
taxes has been secured by bond, deposit or otherwise, provided,
however, that no such receipts or clearances shall be required
with regard to damages accepted upon settlement of a claim or
recovered on a judgment in an action for wrongful death as
provided in ORS 30.010 to 30.100.
(3) If, by agreement approved by the court, property is
distributed to persons in whom title is vested by the judgment of
final distribution otherwise than as provided by the will or
pursuant to intestate succession, the judgment operates as a
transfer of the property between those persons.
(4) The judgment of final distribution is a conclusive
determination of the persons who are the successors in interest
to the estate and of the extent and character of their interest
therein, subject only to the right of appeal and the power of the
court to vacate the judgment.
SECTION 73. ORS 116.133 is amended to read:
116.133. (1) If the will expresses an order of abatement, or
the testamentary plan or the express or implied purpose of the
devise would be defeated by the order of abatement stated in
subsection (2) of this section, the shares of the distributees
abate as may be found necessary to give effect to the intention
of the testator.
(2) Except as provided in ORS 112.405 as to the shares of
pretermitted children, and in ORS 114.105 as to the share of the
surviving spouse { + or surviving reciprocal beneficiary, as
defined in section 1 of this 2007 Act, + } who elects to take
against the will, shares of distributees abate without any
preference or priority as between real and personal property in
the following order:
(a) Property not disposed of by the will.
(b) Residuary devises.
(c) General devises.
(d) Specific devises.
(3) A general devise charged on any specific property or fund
is considered, for purposes of abatement, property specifically
devised to the extent of the value of the thing on which it is
charged. Upon the failure or insufficiency of the thing on which
it is charged, it is considered a general devise to the extent of
the failure or insufficiency.
(4) Abatement within each classification is in proportion to
the amounts of property each of the distributees would have
received had full distribution of the property been made in
accordance with the terms of the will.
(5) Persons to whom the will gives tangible personal property
not used in trade, agriculture or other business are not required
to contribute from that property unless the particular devise
forms a substantial amount of the total estate and the court
specifically orders contribution because of the devise.
(6) When the subject matter of a preferred devise is sold or
used incident to administration, abatement shall be achieved by
appropriate adjustments in, or contribution from, other interests
in the remaining assets.
SECTION 74. ORS 124.020 is amended to read:
124.020. (1) When a petitioner or guardian petitioner files a
petition under ORS 124.010, the circuit court shall hold an ex
parte hearing in person or by telephone on the day the petition
is filed or on the following judicial day. Upon a showing that
the elderly person or person with disabilities named in the
petition has been the victim of abuse committed by the respondent
within 180 days preceding the filing of the petition and that
there is an immediate and present danger of further abuse to the
elderly person or person with disabilities, the court shall, if
requested by the petitioner or guardian petitioner, order, for a
period of one year or until the order is withdrawn or amended,
whichever is sooner:
(a) That the respondent be required to move from the residence
of the elderly person or person with disabilities, if in the sole
name of the elderly person or person with disabilities or if
jointly owned or rented by the elderly person or person with
disabilities and the respondent, or if the parties are married to
each other { + or in a reciprocal beneficiary agreement, as
defined in section 1 of this 2007 Act + };
(b) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party;
(c) That the respondent be restrained from abusing,
intimidating, molesting, interfering with or menacing the elderly
person or person with disabilities, or attempting to abuse,
intimidate, molest, interfere with or menace the elderly person
or person with disabilities;
(d) That the respondent be restrained from entering, or
attempting to enter, on any premises when it appears to the court
that such restraint is necessary to prevent the respondent from
abusing, intimidating, molesting, interfering with or menacing
the elderly person or person with disabilities;
(e) That the respondent be:
(A) Restrained, effective on a date not less than 150 days from
the date of the order, from mailing the elderly person or person
with disabilities any sweepstakes promotion;
(B) Required to remove the elderly person or person with
disabilities from the respondent's sweepstakes promotion mailing
list or place the elderly person or person with disabilities on a
list of persons to whom sweepstakes promotions may not be mailed;
and
(C) Required to promptly refund any payment received in any
form from the elderly person or person with disabilities after
the date the order is entered by the court; or
(f) Except as provided in subsection (2) of this section, other
relief that the court considers necessary to provide for the
safety and welfare of the elderly person or person with
disabilities.
(2)(a) If the court finds that the elderly person or person
with disabilities has been the victim of abuse as defined in ORS
124.005 (1)(g), the court may order only relief that the court
considers necessary to prevent or remedy the wrongful taking or
appropriation of the money or property of the elderly person or
person with disabilities, including but not limited to:
(A) Directing the respondent to refrain from exercising control
over the money or property of the elderly person or person with
disabilities;
(B) Requiring the respondent to return custody or control of
the money or property of the elderly person or person with
disabilities to the elderly person or person with disabilities;
(C) Requiring the respondent to follow the instructions of the
guardian or conservator of the elderly person or person with
disabilities; or
(D) Prohibiting the respondent from transferring the money or
property of the elderly person or person with disabilities to any
person other than the elderly person or person with disabilities.
(b) The court may not use a restraining order issued under ORS
124.005 to 124.040:
(A) To allow any person other than the elderly person or person
with disabilities to assume responsibility for managing any of
the money or property of the elderly person or person with
disabilities; or
(B) For relief that is more appropriately obtained in a
protective proceeding filed under ORS chapter 125 including, but
not limited to, giving control and management of the financial
accounts or property of the elderly person or person with
disabilities for any purpose other than the relief granted under
paragraph (a) of this subsection.
(3) The showing required under subsection (1) of this section
may be made by testimony of:
(a) The elderly person or person with disabilities;
(b) The guardian or guardian ad litem of the elderly person or
person with disabilities;
(c) Witnesses to the abuse; or
(d) Adult protective services workers who have conducted an
investigation.
(4) Immediate and present danger under this section includes
but is not limited to situations in which the respondent has
recently threatened the elderly person or person with
disabilities with additional abuse.
(5) When a guardian petitioner files a petition on behalf of an
elderly person or a person with disabilities, the guardian
petitioner shall provide information about the elderly person or
person with disabilities and not about the guardian petitioner
where the petition, order or related forms described in
subsection (6) of this section require information about the
petitioner.
(6) An instruction brochure shall be available from the clerk
of the court explaining the rights set forth under ORS 124.005 to
124.040. The petition, order and related forms shall be available
from the clerk of the court and shall be in substantially the
following form:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
OF ELDERLY
PERSONS OR
PERSONS WITH
vs. DISABILITIES
)
NO. ___
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO
NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO
HOLD YOU IN CONTEMPT OF COURT.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is
true:
I am a resident of _______ County, Oregon.
Respondent is a resident of _____ County, Oregon.
I am either 65 years of age or older (I am ____ years of age) or
I am a person with disabilities (CIRCLE THE ONE THAT DESCRIBES
YOU).
1. CHECK AND FILL OUT ANY SECTION(S) that apply to you and
respondent:
_ A. Respondent and I have been living together since ____ ,
__(year).
_ B. Respondent and I lived together from ____, __ (year), to
_____, __(year).
_ C. I have been under the care of respondent since ____ ,
__(year).
_ D. I was under the care of respondent from ____, __ (year),
to _____, __(year).
_ E. Respondent has sent me sweepstakes promotions.
_ F. None of the above.
2. To qualify for a restraining order, respondent must have done
one or more of the following:
Within the last 180 days, respondent has:
_ A. Caused me physical injury by other than accidental means.
_ B. Attempted to cause me physical injury by other than
accidental means.
_ C. Placed me in fear of immediate serious physical injury.
_ D. Caused me physical harm by withholding services necessary
to maintain my health and well-being.
_ E. Abandoned or deserted me by withdrawing or neglecting to
perform duties and obligations.
_ F. Used derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats,
cursing, intimidation or inappropriate sexual comments or
conduct of such a nature as to place me in fear of
significant physical or emotional harm.
_ G. Sent me sweepstakes promotions, and I feel the need for
the court's assistance to protect me from further
expense. I am an elderly person or a person with
disabilities. In the past year, I spent more than $500 on
sweepstakes promotions that I received in the United
States mail.
_ H. Wrongfully taken or appropriated my money or property, or
alarmed me by conveying a threat to me that my money or
property would be wrongfully taken or appropriated, which
I reasonably believed would be carried out.
_ I. Had nonconsensual sexual contact with me or sexual
contact to which I was incapable of consenting.
NOTICE TO PETITIONER: Sweepstakes companies are allowed up to
150 days to stop sending you sweepstakes entry materials. For a
time after the court issues a restraining order, you may receive
additional solicitations from respondent. However, beginning on
the date the restraining order is issued, the respondent must
immediately reject any further orders from you and must return
any money you send to the company after the date the restraining
order is issued.
3. Any period of time after the abuse occurred during which
respondent was incarcerated (in jail or prison) or lived more
than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a
restraining order.
Respondent was incarcerated from _______, __(year), to
______, __ (year).
Respondent lived more than 100 miles from my home from _____,
__ (year), to _____, __(year).
4. Did the abuse happen within the last 180 days not including
the times respondent was incarcerated (in jail or prison) or
lived more than 100 miles from your home? Yes No
Date and location of abuse:
_______________
_______________
How did respondent injure or threaten to injure you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent injured or threatened to injure
you? If yes, explain:
_______________
_______________
_______________
6. The abuse I am complaining about was witnessed by
______ (affidavit attached). Other persons with knowledge of
the abuse are ______ (affidavit attached).
7. I am in immediate and present danger of further abuse by
respondent because:
_______________
_______________
_______________
8. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions,
explain:
_______________
_______________
9. A. There (is) (is not) another Elderly Persons and Persons
With Disabilities Abuse Prevention Act or Abuse
Prevention Act proceeding pending between respondent and
me. It is filed in ____ (County), ____ (State), and I am
(Petitioner) or (Respondent) in that case.
The case number of the case is: __________
B. There (is) (is not) another lawsuit pending between
respondent and me for divorce, annulment or legal
separation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
C. There (is) (is not) a protective proceeding filed in
____ (County), ____ (State).
10. Respondent may be required to move from your residence if it
is in your sole name, or if it is jointly owned or rented by
you and respondent, or if you and respondent are married { +
or in a reciprocal beneficiary agreement + }.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE '
PETITIONER'S REQUEST' COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
_________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
NOTARY PUBLIC FOR OREGON
My commission expires: ____
RELEVANT DATA
RESPONDENT __________
Sex __ Telephone # _____
Residence Address ________
City/State/Zip __________
County __________
Birthdate ____ Age __
Race ____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
PETITIONER (you) ________
GUARDIAN PETITIONER
Sex ___ *Telephone # _____ Name ________
*Residence Address ________ Address ________
City/State/Zip __________ ____________
County ____________ Telephone # _______
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
*If you wish to have your residential address or telephone
number withheld from respondent, use a contact address and
telephone number so the Court and the Sheriff can reach you
if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Description of vehicle ________
__________________
Does respondent have any weapons or access to weapons? Explain:
_________________________________________________________________
_________________________________________________________________
Has respondent ever been arrested for or convicted of a violent
crime? Explain:
_________________________________________________________________
_________________________________________________________________
Is there anything about respondent's character, past behavior or
the present situation that indicates that respondent may be a
danger to self or other? Explain:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner )
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
)OF ELDERLY PERSONS
vs. )OR PERSONS WITH
)DISABILITIES
)
)NO. _____
______
, )
Respondent )
(person to be res)rained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO THE RESPONDENT:
VIOLATION OF THIS RESTRAINING ORDER
MAY RESULT IN YOUR ARREST AND IN
CIVIL AND/OR CRIMINAL PENALTIES.
REVIEW THIS ORDER CAREFULLY.
EACH PROVISION MUST BE OBEYED.
SEE YOUR RIGHTS TO A HEARING.
The Court, having reviewed the petition, makes the following
findings:
Judge's Initials
_ Petitioner been abused by respondent as defined by ORS
124.005;
_ The abuse of petitioner by respondent occurred within the
last 180 days as provided in ORS 124.010;
_ There is an immediate and present danger of further abuse to
petitioner.
IT IS HEREBY ORDERED that:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with or menace
petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 2. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Petitioner's residence. ___
? Petitioner's business or place of employment.
___
? Petitioner's school. ___
? Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 3. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Contacting, or attempting to contact, petitioner by telephone.
___
? Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 4. Respondent shall move from and not return_to the re-
__
sidence located at ________
except with a
peace officer in order to remove essential personal effects
of the respondent, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 5. A peace officer shall accompany the petitioner to the
___
parties' residence in order to remove essential personal
effects of petitioner, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 6. Beginning on a date not less than 150 ___
days from the date of this order, the respondent shall
not mail the petitioner any further sweepstakes promotions.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 7. Respondent shall remove the petitioner from_
__
the respondent's sweepstakes promotion mailing list or
shall place the petitioner on the respondent's list of
persons to whom sweepstakes promotions may not be mailed.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 8. Respondent shall refund any payment received
___
in any form from the petitioner after the date
this order is entered by the court.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ?10. No further service is necessary because respondent
___
appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR
A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR
SUPERSEDED, WHICHEVER OCCURS FIRST.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I am a resident of the State of Oregon. I am a competent person
18 years of age or older. I am not an attorney for or a party to
this case, or an officer, director or employee of any party to
this case.
On the ___ day of ____, 2__, I served the Restraining Order to
Prevent Abuse of Elderly Persons or Persons With Disabilities and
the Petition for Restraining Order to Prevent Abuse of Elderly
Persons or Persons With Disabilities in this case personally upon
the above-named respondent in ______ County by delivering to the
respondent a copy of those papers, each of which was certified to
be a true copy of each original.
_______________
Signature of ________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Comes now petitioner, _____, and moves this Court for an order
allowing the voluntary withdrawal and dismissal of the
Restraining Order on file herein.
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
IT IS SO ORDERED this ___ day of ____, 2__.
____________
JUDGE
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, (Elderly Persons and
Persons With Disabilities
Abuse Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY
THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS
ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE
CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL
OR DELIVER IT TO:
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU
RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE
NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD
WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE
ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS
HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT'S
TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
Keep in mind that this order remains in effect until the court
that issued the order modifies or dismisses it. If you are
arrested for violating this order, the security amount (bail) is
$5,000, unless a different amount is ordered by the court.
Violation of this order constitutes contempt of court and is
punishable by a fine of up to $500 or one percent of your annual
gross income, whichever is greater, a jail term of up to six
months, or both. Other sanctions may be imposed.
_________________________________________________________________
REQUEST FOR HEARING
I am the Respondent in the above-referenced action and I request
a hearing to contest all or part of the order as follows (mark
one or more):
_ The order restraining me from contacting, or attempting to
contact, the petitioner.
_ Other __________
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me
at the address below my signature.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(7) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to effect service and shall have a true copy of the
petition and order delivered to the county sheriff for service
upon the respondent, unless the court finds that further service
is unnecessary because the respondent appeared in person before
the court.
(b) The county sheriff shall serve the respondent personally
unless the petitioner or guardian petitioner elects to have the
respondent served personally by a private party or by a peace
officer who is called to the scene of a domestic disturbance at
which the respondent is present, and who is able to obtain a copy
of the order within a reasonable amount of time. Proof of service
shall be made in accordance with ORS 124.030.
(c) A respondent accused of committing abuse by means of a
sweepstakes promotion may be served:
(A) Personally;
(B) By mailing certified true copies of the petition and order
by certified mail to the address to which the elderly person or
person with disabilities would have sent the payment for goods or
services promoted in the sweepstakes promotion had the elderly
person or person with disabilities been ordering the goods or
services; or
(C) In the manner directed by the court.
(d) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
124.005 to 124.040.
(8) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
order and petition shall be returned to the clerk of the court.
The clerk of the court shall notify the petitioner or guardian
petitioner, at the address provided by the petitioner or guardian
petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner
or guardian petitioner, at the address provided by the petitioner
or guardian petitioner, that the documents have not been served.
If the petitioner or guardian petitioner does not respond within
10 days, the county sheriff shall hold the order and petition for
future service and file a return to the clerk of the court
showing that service was not completed.
(9)(a) Within 30 days after a restraining order is served on
the respondent under this section or within 30 days after notice
is served on the elderly person or person with disabilities under
ORS 124.024, the respondent, elderly person or person with
disabilities may request a court hearing upon any relief granted.
The hearing request form shall be available from the clerk of the
court and shall be in substantially the form provided in
subsection (6) of this section.
(b) If the respondent, elderly person or person with
disabilities requests a hearing under paragraph (a) of this
subsection, the clerk of the court shall notify the petitioner or
guardian petitioner of the date and time of such hearing, and
shall supply the petitioner or guardian petitioner with a copy of
the request for a hearing. The petitioner or guardian petitioner
shall give to the clerk of the court information sufficient to
allow such notification.
(c) The hearing is not limited to the issues raised in the
request for hearing form and may include testimony from witnesses
to the abuse and adult protective services workers. The hearing
may be held in person or by telephone. If the respondent, elderly
person or person with disabilities seeks to raise an issue at the
hearing not previously raised in the request for hearing form,
the petitioner or guardian petitioner is entitled to a reasonable
continuance for the purpose of preparing a response to the issue.
(d) The court shall exercise its discretion in a manner that
protects the elderly person or person with disabilities from
traumatic confrontation with the respondent.
SECTION 75. ORS 124.100 is amended to read:
124.100. (1) As used in ORS 124.100 to 124.140:
(a) 'Elderly person' means a person 65 years of age or older.
(b) 'Financially incapable' has the meaning given that term in
ORS 125.005.
(c) 'Incapacitated' has the meaning given that term in ORS
125.005.
(d) 'Person with disabilities' means a person with a physical
or mental impairment that:
(A) Is likely to continue without substantial improvement for
no fewer than 12 months or to result in death; and
(B) Prevents performance of substantially all the ordinary
duties of occupations in which an individual not having the
physical or mental impairment is capable of engaging, having due
regard to the training, experience and circumstances of the
person with the physical or mental impairment.
(e) 'Vulnerable person' means:
(A) An elderly person;
(B) A financially incapable person;
(C) An incapacitated person; or
(D) A person with disabilities who is susceptible to force,
threat, duress, coercion, persuasion or physical or emotional
injury because of the person's physical or mental impairment.
(2) A vulnerable person who suffers injury, damage or death by
reason of physical abuse or financial abuse may bring an action
against any person who has caused the physical or financial abuse
or who has permitted another person to engage in physical or
financial abuse. The court shall award the following to a
plaintiff who prevails in an action under this section:
(a) An amount equal to three times all economic damages, as
defined in ORS 31.710, resulting from the physical or financial
abuse, or $500, whichever amount is greater.
(b) An amount equal to three times all noneconomic damages, as
defined by ORS 31.710, resulting from the physical or financial
abuse.
(c) Reasonable attorney fees incurred by the plaintiff.
(d) Reasonable fees for the services of a conservator or
guardian ad litem incurred by reason of the litigation of a claim
brought under this section.
(3) An action may be brought under this section only by:
(a) A vulnerable person;
(b) A guardian, conservator or attorney-in-fact for a
vulnerable person;
(c) A personal representative for the estate of a decedent who
was a vulnerable person at the time the cause of action arose; or
(d) A trustee for a trust on behalf of the trustor or the
spouse { + or reciprocal beneficiary, as defined in section 1 of
this 2007 Act, + } of the trustor who is a vulnerable person.
(4) An action may be brought under this section only for
physical abuse described in ORS 124.105 or for financial abuse
described in ORS 124.110.
(5) An action may be brought under this section against a
person for permitting another person to engage in physical or
financial abuse if the person knowingly acts or fails to act
under circumstances in which a reasonable person should have
known of the physical or financial abuse.
(6) A person commencing an action under this section must serve
a copy of the complaint on the Attorney General within 30 days
after the action is commenced.
SECTION 76. ORS 125.060 is amended to read:
125.060. (1) The notices required by this section must be given
to all persons whose identities and addresses can be ascertained
in the exercise of reasonable diligence by the person required to
give the notice.
(2) Notice of the filing of a petition for the appointment of a
fiduciary or entry of other protective order must be given by the
petitioner to the following persons:
(a) The respondent, if the respondent has attained 14 years of
age.
(b) The spouse { - , - } { + or reciprocal beneficiary, as
defined in section 1 of this 2007 Act, + } parents and adult
children of the respondent.
(c) If the respondent does not have a spouse, { + reciprocal
beneficiary, + } parent or adult child, the person or persons
most closely related to the respondent.
(d) Any person who is cohabiting with the respondent and who is
interested in the affairs or welfare of the respondent.
(e) Any person who has been nominated as fiduciary or appointed
to act as fiduciary for the respondent by a court of any state,
any trustee for a trust established by or for the respondent, any
person appointed as a health care representative under the
provisions of ORS 127.505 to 127.660 and any person acting as
attorney-in-fact for the respondent under a power of attorney.
(f) If the respondent is a minor, the person who has exercised
principal responsibility for the care and custody of the
respondent during the 60-day period before the filing of the
petition.
(g) If the respondent is a minor and has no living parents, any
person nominated to act as fiduciary for the minor in a will or
other written instrument prepared by a parent of the minor.
(h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(i) If the respondent is receiving moneys paid or payable for
public assistance provided under ORS chapter 411 or 414 by the
State of Oregon through the Department of Human Services, a
representative of the department.
(j) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
(k) If the respondent is a foreign national, the consulate for
the respondent's country.
(L) Any other person that the court requires.
(3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
(a) The protected person, if the protected person has attained
14 years of age.
(b) Any person who has filed a request for notice in the
proceedings.
(c) Except for a fiduciary who is making a motion, any
fiduciary who has been appointed for the protected person.
(d) If the protected person is receiving moneys paid or payable
by the United States through the Department of Veterans Affairs,
a representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(e) If the protected person is committed to the legal and
physical custody of the Department of Corrections, the Attorney
General and the superintendent or other officer in charge of the
facility in which the protected person is confined.
(f) Any other person that the court requires.
(4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by ORS 21.310 (5).
(5) A person who files a request for notice in the proceedings
in the manner provided by subsection (4) of this section is
entitled to receive notice from the fiduciary of any motion
specified in subsection (3) of this section and of any other
matter to which a person listed in subsection (2) of this section
is entitled to receive notice under a specific provision of this
chapter.
(6) If the Department of Human Services is nominated as
guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
(7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
(a) Any attorney who is representing the respondent in any
capacity.
(b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
(c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system described in ORS 192.517 (1).
(8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
(a) Any attorney who represented the protected person at any
time during the protective proceeding.
(b) If the protected person is a resident of a nursing home or
residential facility, or if the motion seeks authority to place
the protected person in a nursing home or residential facility,
the office of the Long Term Care Ombudsman.
(c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
described in ORS 192.517 (1).
(9) A respondent or protected person may not waive the notice
required under this section.
(10) The requirement that notice be served on an attorney for a
respondent or protected person under subsection (7)(a) or (8)(a)
of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
SECTION 77. ORS 125.200 is amended to read:
125.200. The court shall appoint the most suitable person who
is willing to serve as fiduciary after giving consideration to
the specific circumstances of the respondent, any stated desire
of the respondent, the relationship by blood { + , + }
{ - or - } marriage { + or reciprocal beneficiary agreement,
as defined in section 1 of this 2007 Act, + } of the person
nominated to be fiduciary to the respondent, any preference
expressed by a parent of the respondent, the estate of the
respondent and any impact on ease of administration that may
result from the appointment.
SECTION 78. ORS 125.221 is amended to read:
125.221. (1) A fiduciary may employ a person in which the
fiduciary has a pecuniary or financial interest only after
disclosing the nature of the interest to the court if the person
is employed for the purpose of providing direct services to the
protected person or for the purpose of providing services to the
fiduciary that directly affect the protected person. Before the
person is employed, the fiduciary must provide the court with the
following:
(a) A full and accurate disclosure of the pecuniary or
financial interest of the fiduciary in the person.
(b) A full and accurate disclosure of the services to be
performed by the person.
(c) A full and accurate disclosure of the anticipated costs to
the estate in using the person to provide the services.
(2) In addition to the disclosures required by subsection (1)
of this section, after making such inquiry as the court deems
appropriate, the court may require additional disclosures for the
purpose of assessing whether the pecuniary or financial interest
of the fiduciary could compromise or otherwise affect decisions
made by the fiduciary in carrying out the duties of the
fiduciary.
(3) The continuing authority of a court over protective
proceedings under ORS 125.025 includes the authority to supervise
and inquire into:
(a) Whether the fiduciary by employing a person in which the
fiduciary has a pecuniary or financial interest is acting
reasonably to accomplish the purposes for which the fiduciary was
appointed.
(b) Whether the employment of the person by the fiduciary is
necessary to provide the services efficiently and effectively.
(c) The extent that the pecuniary or financial interest of the
person employed by the fiduciary could compromise or otherwise
affect the decisions made by the fiduciary in carrying out the
duties of the fiduciary.
(4) In addition to the disclosures required by subsections (1)
and (2) of this section, prior court approval is required for
payment of compensation to a person who is the spouse, { +
reciprocal beneficiary as defined in section 1 of this 2007
Act, + } parent or child of the fiduciary or to a business entity
in which the spouse, { + reciprocal beneficiary, + } parent or
child of the fiduciary has an ownership interest and that is
employed by the fiduciary to provide direct services to a
protected person or to provide services to the fiduciary that
directly affect the protected person. The fiduciary must provide
the court with the following information:
(a) The specific services to be provided;
(b) The qualifications of the person providing the services;
(c) The rate of compensation charged by the person; and
(d) Any other information relevant to either the person
providing the services or the services being provided to the
protected person, including, but not limited to, loss of a
professional license or a criminal conviction.
(5) The court may not approve any fees or expenses requested by
the fiduciary to the extent that the combined fees of the
fiduciary and the person employed by the fiduciary under this
section exceed the amount the court finds would have been
appropriate for payment to the fiduciary if the fiduciary had
provided the services alone.
(6) A fiduciary has a pecuniary or financial interest in
another person for the purposes of this section if the fiduciary,
or any person related to, employed by or affiliated with the
fiduciary has:
(a) Any direct or indirect ownership interest in the person;
(b) A business association with the person; or
(c) Any financial involvement with the person.
(7) A fiduciary has a pecuniary or financial interest in
another person for the purposes of this section if the fiduciary,
or any person related to, employed by or affiliated with the
fiduciary, receives remuneration or any other financial benefit
from the person, without regard to whether that remuneration or
benefit is directly tied to the services provided to the
fiduciary or protected person.
(8) In addition to the grounds specified in subsections (6) and
(7) of this section, a fiduciary has a pecuniary or financial
interest in another person for the purposes of this section if
the relationship between the fiduciary and other person is such
that the relationship could compromise or otherwise affect
decisions made by the fiduciary in carrying out the duties of the
fiduciary.
(9) A fiduciary employs a person for the purposes of this
section whether the person is engaged as an employee or as an
independent contractor.
SECTION 79. ORS 125.320 is amended to read:
125.320. (1) A guardian may not authorize the sterilization of
the protected person.
(2) A guardian may not use funds from the protected person's
estate for room and board that the guardian or guardian's spouse,
{ + reciprocal beneficiary as defined in section 1 of this 2007
Act, + } parent or child have furnished the protected person
unless the charge for the service is approved by order of the
court before the payment is made.
(3)(a) Before a guardian may place an adult protected person in
a mental health treatment facility, a nursing home or other
residential facility, the guardian must file a statement with the
court informing the court that the guardian intends to make the
placement.
(b) Notice of the statement of intent must be given in the
manner provided by ORS 125.065 to the persons specified in ORS
125.060 (3).
(c) In addition to the requirements of paragraph (b) of this
subsection, notice of the statement of intent must be given in
the manner provided by ORS 125.065 by the guardian to the
following persons:
(A) Any attorney who represented the protected person at any
time during the protective proceeding.
(B) If the protected person is a resident of a nursing home or
residential facility, or if the notice states the intention to
place the protected person in a nursing home or residential
facility, the office of the Long Term Care Ombudsman.
(C) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the notice states the intention
to place the protected person in such a facility, the system
described in ORS 192.517 (1).
(d) In addition to the requirements of ORS 125.070 (1), the
notice given to the protected person must clearly indicate the
manner in which the protected person may object to the proposed
placement.
(e) The guardian may thereafter place the adult protected
person in a mental health treatment facility, a nursing home or
other residential facility without further court order. If an
objection is made in the manner provided by ORS 125.075, the
court shall schedule a hearing on the objection as soon as
practicable.
(f) The requirement that notice be served on an attorney for a
protected person under paragraph (c)(A) of this subsection does
not impose any responsibility on the attorney receiving the
notice to represent the protected person in the protective
proceeding.
SECTION 80. ORS 125.450 is amended to read:
125.450. Any sale or encumbrance to a conservator, the
spouse, { + reciprocal beneficiary as defined in section 1 of
this 2007 Act, + } agent or attorney of the conservator, or any
corporation or trust in which the conservator has a substantial
beneficial interest, or any transaction that is otherwise
affected by a substantial conflict of interest is voidable unless
the transaction is approved by the court after the filing of a
motion with the court seeking approval of the transaction.
SECTION 81. ORS 125.455 is amended to read:
125.455. (1) A protected person, if mentally competent, may
make wills, change beneficiaries of life insurance and annuity
policies and exercise any power of appointment or any elective
right to share in the estate of a deceased spouse { + or
deceased reciprocal beneficiary, as defined in section 1 of this
2007 Act + }.
(2) Except as provided in this section and ORS 125.420, a
protected person for whom a conservator has been appointed cannot
convey or encumber the estate of the protected person or make any
contract or election affecting the estate of the protected
person.
SECTION 82. ORS 127.515 is amended to read:
127.515. (1) An advance directive may be executed by a resident
or nonresident adult of this state in the manner provided by ORS
127.505 to 127.660 and 127.995.
(2) A power of attorney for health care must be in the form
provided by Part B of the advance directive form set forth in ORS
127.531, or must be in the form provided by ORS 127.530 (1991
Edition).
(3) A health care instruction must be in the form provided by
Part C of the advance directive form set forth in ORS 127.531, or
must be in the form provided by ORS 127.610 (1991 Edition).
(4) An advance directive must reflect the date of the
principal's signature. To be valid, an advance directive must be
witnessed by at least two adults as follows:
(a) Each witness shall witness either the signing of the
instrument by the principal or the principal's acknowledgment of
the signature of the principal.
(b) Each witness shall make the written declaration as set
forth in the form provided in ORS 127.531.
(c) One of the witnesses shall be a person who is not:
(A) A relative of the principal by blood, marriage { + ,
reciprocal beneficiary agreement as defined in section 1 of this
2007 Act + } or adoption;
(B) A person who at the time the advance directive is signed
would be entitled to any portion of the estate of the principal
upon death under any will or by operation of law; or
(C) An owner, operator or employee of a health care facility
where the principal is a patient or resident.
(d) The attorney-in-fact for health care or alternative
attorney-in-fact may not be a witness. The principal's attending
physician at the time the advance directive is signed may not be
a witness.
(e) If the principal is a patient in a long term care facility
at the time the advance directive is executed, one of the
witnesses must be an individual designated by the facility and
having any qualifications that may be specified by the Department
of Human Services by rule.
(5) Notwithstanding subsections (2) to (4) of this section, an
advance directive executed by an adult who at the time of
execution resided in another state, in compliance with the
formalities of execution required by the laws of that state, the
laws of the state where the principal was located at the time of
execution or the laws of this state, is validly executed for the
purposes of ORS 127.505 to 127.660 and 127.995 and may be given
effect in accordance with its provisions, subject to the laws of
this state.
SECTION 83. ORS 127.520 is amended to read:
127.520. (1) Except as provided in ORS 127.635 or as may be
allowed by court order, the following persons may not serve as
health care representatives if unrelated to the principal by
blood, marriage { + , reciprocal beneficiary agreement as defined
in section 1 of this 2007 Act + } or adoption:
(a) The attending physician or an employee of the attending
physician.
(b) An owner, operator or employee of a health care facility in
which the principal is a patient or resident, unless the health
care representative was appointed before the principal's
admission to the facility.
(2) A capable adult may disqualify any other person from making
health care decisions for the capable adult. The disqualification
must be in writing and signed by the capable adult. The
disqualification must specifically designate those persons who
are disqualified.
(3) A health care representative whose authority has been
revoked by a court is disqualified.
(4) A health care provider who has actual knowledge of a
disqualification may not accept a health care decision from a
disqualified individual.
(5) A person who has been disqualified from making health care
decisions for a principal, and who is aware of that
disqualification, may not make health care decisions for the
principal.
SECTION 84. ORS 127.531 is amended to read:
127.531. (1) The form of an advance directive executed by an
Oregon resident must be the same as the form set forth in this
section to be valid. In any place in the form that requires the
initials of the principal, any mark by the principal is effective
to indicate the principal's intent.
(2) An advance directive shall be in the following form:
_________________________________________________________________
ADVANCE DIRECTIVE
YOU DO NOT HAVE TO FILL OUT AND SIGN THIS FORM
PART A: IMPORTANT INFORMATION ABOUT THIS ADVANCE DIRECTIVE
This is an important legal document. It can control critical
decisions about your health care. Before signing, consider these
important facts:
Facts About Part B
(Appointing a Health Care Representative)
You have the right to name a person to direct your health care
when you cannot do so. This person is called your 'health care
representative.' You can do this by using Part B of this form.
Your representative must accept on Part E of this form.
You can write in this document any restrictions you want on how
your representative will make decisions for you. Your
representative must follow your desires as stated in this
document or otherwise made known. If your desires are unknown,
your representative must try to act in your best interest. Your
representative can resign at any time.
Facts About Part C
(Giving Health Care Instructions)
You also have the right to give instructions for health care
providers to follow if you become unable to direct your care. You
can do this by using Part C of this form.
Facts About Completing This Form
This form is valid only if you sign it voluntarily and when you
are of sound mind. If you do not want an advance directive, you
do not have to sign this form.
Unless you have limited the duration of this advance directive,
it will not expire. If you have set an expiration date, and you
become unable to direct your health care before that date, this
advance directive will not expire until you are able to make
those decisions again.
You may revoke this document at any time. To do so, notify your
representative and your health care provider of the revocation.
Despite this document, you have the right to decide your own
health care as long as you are able to do so.
If there is anything in this document that you do not
understand, ask a lawyer to explain it to you.
You may sign PART B, PART C, or both parts. You may cross out
words that don't express your wishes or add words that better
express your wishes. Witnesses must sign PART D.
Print your NAME, BIRTHDATE AND ADDRESS here:
__________________
(Name)
__________
(Birthdate)
__________________
__________________
(Address)
Unless revoked or suspended, this advance directive will
continue for:
INITIAL ONE:
_ My entire life
_ Other period (_ Years)
PART B: APPOINTMENT OF HEALTH CARE REPRESENTATIVE
I appoint __________ as my health care representative. My
representative's address is _____ and telephone number is _____.
I appoint __________ as my alternate health care
representative. My alternate's address is _____ and telephone
number is _____.
I authorize my representative (or alternate) to direct my
health care when I can't do so.
NOTE: You may not appoint your doctor, an employee of your
doctor, or an owner, operator or employee of your health care
facility, unless that person is related to you by blood,
marriage { + , reciprocal beneficiary agreement as defined in
section 1 of this 2007 Act + } or adoption or that person was
appointed before your admission into the health care facility.
1. Limits. Special Conditions or Instructions:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
INITIAL IF THIS APPLIES:
_ I have executed a Health Care Instruction or Directive to
Physicians. My representative is to honor it.
2. Life Support. 'Life support' refers to any medical means for
maintaining life, including procedures, devices and medications.
If you refuse life support, you will still get routine measures
to keep you clean and comfortable.
INITIAL IF THIS APPLIES:
_ My representative MAY decide about life support for me. (If
you don't initial this space, then your representative MAY
NOT decide about life support.)
3. Tube Feeding. One sort of life support is food and water
supplied artificially by medical device, known as tube feeding.
INITIAL IF THIS APPLIES:
_ My representative MAY decide about tube feeding for me. (If
you don't initial this space, then your representative MAY
NOT decide about tube feeding.)
_____
(Date)
SIGN HERE TO APPOINT A HEALTH CARE REPRESENTATIVE
__________________
(Signature of person making appointment)
PART C: HEALTH CARE INSTRUCTIONS
NOTE: In filling out these instructions, keep the following in
mind:
o The term 'as my physician recommends' means that you want
your physician to try life support if your physician believes
it could be helpful and then discontinue it if it is not
helping your health condition or symptoms.
o 'Life support' and 'tube feeding' are defined in Part B
above.
o If you refuse tube feeding, you should understand that
malnutrition, dehydration and death will probably result.
o You will get care for your comfort and cleanliness, no
matter what choices you make.
o You may either give specific instructions by filling out
Items 1 to 4 below, or you may use the general instruction
provided by Item 5.
Here are my desires about my health care if my doctor and
another knowledgeable doctor confirm that I am in a medical
condition described below:
1. Close to Death. If I am close to death and life support
would only postpone the moment of my death:
A. INITIAL ONE:
_ I want to receive tube feeding.
_ I want tube feeding only as my physician recommends.
_ I DO NOT WANT tube feeding.
B. INITIAL ONE:
_ I want any other life support that may apply.
_ I want life support only as my physician recommends.
_ I want NO life support.
2. Permanently Unconscious. If I am unconscious and it is very
unlikely that I will ever become conscious again:
A. INITIAL ONE:
_ I want to receive tube feeding.
_ I want tube feeding only as my physician recommends.
_ I DO NOT WANT tube feeding.
B. INITIAL ONE:
_ I want any other life support that may apply.
_ I want life support only as my physician recommends.
_ I want NO life support.
3. Advanced Progressive Illness. If I have a progressive
illness that will be fatal and is in an advanced stage, and I am
consistently and permanently unable to communicate by any means,
swallow food and water safely, care for myself and recognize my
family and other people, and it is very unlikely that my
condition will substantially improve:
A. INITIAL ONE:
_ I want to receive tube feeding.
_ I want tube feeding only as my physician recommends.
_ I DO NOT WANT tube feeding.
B. INITIAL ONE:
_ I want any other life support that may apply.
_ I want life support only as my physician recommends.
_ I want NO life support.
4. Extraordinary Suffering. If life support would not help my
medical condition and would make me suffer permanent and severe
pain:
A. INITIAL ONE:
_ I want to receive tube feeding.
_ I want tube feeding only as my physician recommends.
_ I DO NOT WANT tube feeding.
B. INITIAL ONE:
_ I want any other life support that may apply.
_ I want life support only as my physician recommends.
_ I want NO life support.
5. General Instruction.
INITIAL IF THIS APPLIES:
_ I do not want my life to be prolonged by life support. I
also do not want tube feeding as life support. I want my
doctors to allow me to die naturally if my doctor and another
knowledgeable doctor confirm I am in any of the medical
conditions listed in Items 1 to 4 above.
6. Additional Conditions or Instructions.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(Insert description of what you want done.)
7. Other Documents. A 'health care power of attorney' is any
document you may have signed to appoint a representative to make
health care decisions for you.
INITIAL ONE:
_ I have previously signed a health care power of attorney. I
want it to remain in effect unless I appointed a health care
representative after signing the health care power of
attorney.
_ I have a health care power of attorney, and I REVOKE IT.
_ I DO NOT have a health care power of attorney.
__________
(Date)
SIGN HERE TO GIVE INSTRUCTIONS
__________________
(Signature)
_________________________________________________________________
PART D: DECLARATION OF WITNESSES
We declare that the person signing this advance directive:
(a) Is personally known to us or has provided proof of
identity;
(b) Signed or acknowledged that person's signature on this
advance directive in our presence;
(c) Appears to be of sound mind and not under duress, fraud or
undue influence;
(d) Has not appointed either of us as health care
representative or alternative representative; and
(e) Is not a patient for whom either of us is attending
physician.
Witnessed By:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______
_______
(Signature of (Printed Name
Witness/Date) of Witness)
_______
_______
(Signature of (Printed Name
Witness/Date) of Witness)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
NOTE: One witness must not be a relative (by blood,
marriage { + , reciprocal beneficiary agreement as defined in
section 1 of this 2007 Act + } or adoption) of the person signing
this advance directive. That witness must also not be entitled to
any portion of the person's estate upon death. That witness must
also not own, operate or be employed at a health care facility
where the person is a patient or resident.
_________________________________________________________________
PART E: ACCEPTANCE BY HEALTH CARE REPRESENTATIVE
I accept this appointment and agree to serve as health care
representative. I understand I must act consistently with the
desires of the person I represent, as expressed in this advance
directive or otherwise made known to me. If I do not know the
desires of the person I represent, I have a duty to act in what I
believe in good faith to be that person's best interest. I
understand that this document allows me to decide about that
person's health care only while that person cannot do so. I
understand that the person who appointed me may revoke this
appointment. If I learn that this document has been suspended or
revoked, I will inform the person's current health care provider
if known to me.
__________________
(Signature of Health Care Representative/Date)
__________________
(Printed name)
__________________
(Signature of Alternate Health Care Representative/Date)
__________________
(Printed name)
_________________________________________________________________
SECTION 85. ORS 127.545 is amended to read:
127.545. (1) An advance directive or a health care decision by
a health care representative may:
(a) If it involves the decision to withhold or withdraw
life-sustaining procedures or artificially administered nutrition
and hydration, be revoked at any time and in any manner by which
the principal is able to communicate the intent to revoke; or
(b) Be revoked at any time and in any manner by a capable
principal.
(2) Revocation is effective upon communication by the principal
to the attending physician or health care provider, or to the
health care representative. If the communication is to the health
care representative, and the principal is incapable and is under
the care of a health care provider known to the representative,
the health care representative must promptly inform the attending
physician or health care provider of the revocation.
(3) Upon learning of the revocation, the health care provider
or attending physician shall cause the revocation to be made a
part of the principal's medical records.
(4) Execution of a valid power of attorney for health care
revokes any prior power of attorney for health care. Unless the
health care instruction provides otherwise, execution of a valid
health care instruction revokes any prior health care
instruction.
(5) Unless the advance directive provides otherwise, the
directions as to health care decisions in a valid advance
directive supersede:
(a) Any directions contained in a previous court appointment or
advance directive; and
(b) Any prior inconsistent expression of desires with respect
to health care decisions.
(6) Unless the power of attorney for health care provides
otherwise, valid appointment of an attorney-in-fact for health
care supersedes:
(a) Any power of a guardian or other person appointed by a
court to make health care decisions for the protected person; and
(b) Any other prior appointment or designation of a health care
representative.
(7) Unless the power of attorney for health care expressly
provides otherwise, a power of attorney for health care is
suspended:
(a) If both the attorney-in-fact and the alternative
attorney-in-fact have withdrawn; { - or - }
(b) If the power of attorney names the principal's spouse as
attorney-in-fact, a petition for dissolution or annulment of
marriage is filed and the principal does not reaffirm the
appointment in writing after the filing of the petition
{ - . - } { + ; or
(c) If the power of attorney names the principal's reciprocal
beneficiary, as defined in section 1 of this 2007 Act, as
attorney-in-fact, the reciprocal beneficiary agreement has been
terminated under section 7 of this 2007 Act and the principal
does not reaffirm the appointment in writing after the
termination of the reciprocal beneficiary agreement. + }
(8) If the principal has both a valid health care instruction
and a valid power of attorney for health care, and the directions
reflected in those documents are inconsistent, the document last
executed governs to the extent of the inconsistency.
(9) Any reinstatement of an advance directive must be in
writing.
SECTION 86. ORS 127.550 is amended to read:
127.550. (1) A health care decision made by an individual who
is authorized to make the decision under ORS 127.505 to 127.660
and 127.995 is effective immediately and does not require
judicial approval.
(2) A petition may be filed under ORS 127.505 to 127.660 and
127.995 for any one or more of the following purposes:
(a) Determining whether a principal is incapable.
(b) Determining whether an appointment of the health care
representative or a health care instruction is valid or has been
suspended, reinstated, revoked or terminated.
(c) Determining whether the acts or proposed acts of the health
care representative breach any duty of the representative and
whether those acts should be enjoined.
(d) Declaring that an individual is authorized to act as a
health care representative.
(e) Disqualifying the health care representative upon a
determination of the court that the health care representative
has violated, failed to perform or is unable to perform the
duties under ORS 127.535 (4).
(f) Approving any health care decision that by law requires
court approval.
(g) Determining whether the acts or proposed acts of the health
care representative are clearly inconsistent with the desires of
the principal as made known to the health care representative, or
where the desires of the principal are unknown or unclear,
whether the acts or proposed acts of the health care
representative are clearly contrary to the best interests of the
principal.
(h) Declaring that a power of attorney for health care is
revoked upon a determination by the court that the
attorney-in-fact has made a health care decision for the
principal that authorized anything illegal. A suspension or
revocation of a power of attorney under this paragraph shall be
in the discretion of the court.
(i) Considering any other matter that the court determines
needs to be decided for the protection of the principal.
(3) A petition may be filed by any of the following:
(a) The principal.
(b) The health care representative.
(c) The spouse, { + reciprocal beneficiary as defined in
section 1 of this 2007 Act, + } parent, sibling or adult child of
the principal.
(d) An adult relative or adult friend of the principal who is
familiar with the desires of the principal.
(e) The guardian of the principal.
(f) The conservator of the principal.
(g) The attending physician or health care provider of the
principal.
(4) A petition under this section shall be filed in the circuit
court in the county in which the principal resides or is located.
(5) Any of the determinations described in this section may be
made by the court as a part of a protective proceeding under ORS
chapter 125 if a guardian or temporary guardian has been
appointed for the principal, or if the petition seeks the
appointment of a guardian or a temporary guardian for the
principal.
SECTION 87. ORS 127.635 is amended to read:
127.635. (1) Life-sustaining procedures as defined in ORS
127.505 which would otherwise be applied to an incapable
principal who does not have an appointed health care
representative or applicable valid advance directive may be
withheld or withdrawn in accordance with subsections (2) and (3)
of this section if the principal has been medically confirmed to
be in one of the following conditions:
(a) A terminal condition;
(b) Permanently unconscious;
(c) A condition in which administration of life-sustaining
procedures would not benefit the principal's medical condition
and would cause permanent and severe pain; or
(d) The person has a progressive illness that will be fatal and
is in an advanced stage, the person is consistently and
permanently unable to communicate by any means, swallow food and
water safely, care for the person's self and recognize the
person's family and other people, and it is very unlikely that
the person's condition will substantially improve.
(2) If a principal's condition has been determined to meet one
of the conditions set forth in subsection (1) of this section,
and the principal does not have an appointed health care
representative or applicable advance directive, the principal's
health care representative shall be the first of the following,
in the following order, who can be located upon reasonable effort
by the health care facility and who is willing to serve as the
health care representative:
(a) A guardian of the principal who is authorized to make
health care decisions, if any;
(b) The principal's spouse;
{ + (c) The principal's reciprocal beneficiary, as defined in
section 1 of this 2007 Act; + }
{ - (c) - } { + (d) + } An adult designated by the others
listed in this subsection who can be so located, if no person
listed in this subsection objects to the designation;
{ - (d) - } { + (e) + } A majority of the adult children of
the principal who can be so located;
{ - (e) - } { + (f) + } Either parent of the principal;
{ - (f) - } { + (g) + } A majority of the adult siblings of
the principal who can be located with reasonable effort; or
{ - (g) - } { + (h) + } Any adult relative or adult friend.
(3) If none of the persons described in subsection (2) of this
section is available, then life-sustaining procedures may be
withheld or withdrawn upon the direction and under the
supervision of the attending physician.
(4) Life-sustaining procedures may be withheld or withdrawn
upon the direction and under the supervision of the attending
physician at the request of a person designated the health care
representative under subsections (2) and (3) of this section only
after the person has consulted with concerned family and close
friends, and if the principal has a case manager, as defined by
rules adopted by the Department of Human Services, after giving
notice to the principal's case manager.
SECTION 88. ORS 127.727 is amended to read:
127.727. None of the following may serve as attorney-in-fact:
(1) The attending physician or mental health service provider
or an employee of the physician or provider, if the physician,
provider or employee is unrelated to the principal by blood,
marriage { + , reciprocal beneficiary agreement as defined in
section 1 of this 2007 Act + } or adoption.
(2) An owner, operator or employee of a health care facility in
which the principal is a patient or resident, if the owner,
operator or employee is unrelated to the principal by blood,
marriage { + , reciprocal beneficiary agreement + } or adoption.
SECTION 89. ORS 127.730 is amended to read:
127.730. None of the following may serve as a witness to the
signing of a declaration:
(1) The attending physician or mental health service provider
or a relative of the physician or provider;
(2) An owner, operator or relative of an owner or operator of a
health care facility in which the principal is a patient or
resident; or
(3) A person related to the principal by blood, marriage { + ,
reciprocal beneficiary agreement as defined in section 1 of this
2007 Act + } or adoption.
SECTION 90. ORS 127.736 is amended to read:
127.736. A declaration for mental health treatment shall be in
substantially the following form:
_________________________________________________________________
DECLARATION FOR MENTAL HEALTH TREATMENT
I, _____________, being an adult of sound mind, willfully and
voluntarily make this declaration for mental health treatment. I
want this declaration to be followed if a court or two physicians
determine that I am unable to make decisions for myself because
my ability to receive and evaluate information effectively or
communicate decisions is impaired to such an extent that I lack
the capacity to refuse or consent to mental health treatment. '
Mental health treatment' means treatment of mental illness with
psychoactive medication, admission to and retention in a health
care facility for a period up to 17 days, convulsive treatment
and outpatient services that are specified in this declaration.
_________________________________________________________________
CHOICE OF DECISION MAKER
If I become incapable of giving or withholding informed consent
for mental health treatment, I want these decisions to be made
by: (INITIAL ONLY ONE)
_ My appointed representative consistent with my desires, or,
if my desires are unknown by my representative, in what my
representative believes to be my best interests.
_ By the mental health treatment provider who requires my
consent in order to treat me, but only as specifically
authorized in this declaration.
APPOINTED REPRESENTATIVE
If I have chosen to appoint a representative to make mental
health treatment decisions for me when I am incapable, I am
naming that person here. I may also name an alternate
representative to serve. Each person I appoint must accept my
appointment in order to serve. I understand that I am not
required to appoint a representative in order to complete this
declaration.
I hereby appoint:
NAME ______
ADDRESS ______
TELEPHONE # ______ to act as my representative to make
decisions regarding my mental health treatment if I become
incapable of giving or withholding informed consent for that
treatment.
(OPTIONAL)
If the person named above refuses or is unable to act on my
behalf, or if I revoke that person's authority to act as my
representative, I authorize the following person to act as my
representative:
NAME ______
ADDRESS ______
TELEPHONE # ______
My representative is authorized to make decisions that are
consistent with the wishes I have expressed in this declaration
or, if not expressed, as are otherwise known to my
representative. If my desires are not expressed and are not
otherwise known by my representative, my representative is to act
in what he or she believes to be my best interests. My
representative is also authorized to receive information
regarding proposed mental health treatment and to receive, review
and consent to disclosure of medical records relating to that
treatment.
_________________________________________________________________
DIRECTIONS FOR
MENTAL HEALTH TREATMENT
This declaration permits me to state my wishes regarding mental
health treatments including psychoactive medications, admission
to and retention in a health care facility for mental health
treatment for a period not to exceed 17 days, convulsive
treatment and outpatient services.
If I become incapable of giving or withholding informed consent
for mental health treatment, my wishes are: I CONSENT TO THE
FOLLOWING MENTAL HEALTH TREATMENTS: (May include types and dosage
of medications, short-term inpatient treatment, a preferred
provider or facility, transport to a provider or facility,
convulsive treatment or alternative outpatient treatments.)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I DO NOT CONSENT TO THE FOLLOWING MENTAL HEALTH TREATMENT:
(Consider including your reasons, such as past adverse reaction,
allergies or misdiagnosis. Be aware that a person may be treated
without consent if the person is held pursuant to civil
commitment law.)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
ADDITIONAL INFORMATION ABOUT MY MENTAL HEALTH TREATMENT NEEDS:
(Consider including mental or physical health history, dietary
requirements, religious concerns, people to notify and other
matters of importance.)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
YOU MUST SIGN HERE FOR THIS DECLARATION TO BE EFFECTIVE:
_______________
(Signature/Date)
AFFIRMATION OF WITNESSES
I affirm that the person signing this declaration:
(a) Is personally known to me;
(b) Signed or acknowledged his or her signature on this
declaration in my presence;
(c) Appears to be of sound mind and not under duress, fraud or
undue influence;
(d) Is not related to me by blood, marriage { + , reciprocal
beneficiary agreement as defined in section 1 of this 2007
Act + } or adoption;
(e) Is not a patient or resident in a facility that I or my
relative owns or operates;
(f) Is not my patient and does not receive mental health
services from me or my relative; and
(g) Has not appointed me as a representative in this document.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Witnessed by:
_________
________
(Signature of Wi(Printed Name of Witness)
/Date)
_________
________
(Signature of Wi(Printed Name of Witness)
/Date)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ACCEPTANCE OF APPOINTMENT
AS REPRESENTATIVE
I accept this appointment and agree to serve as representative
to make mental health treatment decisions. I understand that I
must act consistently with the desires of the person I represent,
as expressed in this declaration or, if not expressed, as
otherwise known by me. If I do not know the desires of the person
I represent, I have a duty to act in what I believe in good faith
to be that person's best interest. I understand that this
document gives me authority to make decisions about mental health
treatment only while that person has been determined to be
incapable of making those decisions by a court or two physicians.
I understand that the person who appointed me may revoke this
declaration in whole or in part by communicating the revocation
to the attending physician or other provider when the person is
not incapable.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_________
________
(Signature of (Printed name)
Representative/Date)
_________
________
(Signature of Al(Printed name)
Representative/Date)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
NOTICE TO PERSON
MAKING A DECLARATION FOR
MENTAL HEALTH TREATMENT
This is an important legal document. It creates a declaration
for mental health treatment. Before signing this document, you
should know these important facts:
This document allows you to make decisions in advance about
certain types of mental health treatment: psychoactive
medication, short-term (not to exceed 17 days) admission to a
treatment facility, convulsive treatment and outpatient services.
Outpatient services are mental health services provided by
appointment by licensed professionals and programs. The
instructions that you include in this declaration will be
followed only if a court or two physicians believe that you are
incapable of making treatment decisions. Otherwise, you will be
considered capable to give or withhold consent for the
treatments. Your instructions may be overridden if you are being
held pursuant to civil commitment law.
You may also appoint a person as your representative to make
treatment decisions for you if you become incapable. The person
you appoint has a duty to act consistently with your desires as
stated in this document or, if not stated, as otherwise known by
the representative. If your representative does not know your
desires, he or she must make decisions in your best interests.
For the appointment to be effective, the person you appoint must
accept the appointment in writing. The person also has the right
to withdraw from acting as your representative at any time. A '
representative' is also referred to as an 'attorney-in-fact ' in
state law but this person does not need to be an attorney at law.
This document will continue in effect for a period of three
years unless you become incapable of participating in mental
health treatment decisions. If this occurs, the directive will
continue in effect until you are no longer incapable.
You have the right to revoke this document in whole or in part
at any time you have not been determined to be incapable. YOU MAY
NOT REVOKE THIS DECLARATION WHEN YOU ARE CONSIDERED INCAPABLE BY
A COURT OR TWO PHYSICIANS. A revocation is effective when it is
communicated to your attending physician or other provider.
If there is anything in this document that you do not
understand, you should ask a lawyer to explain it to you. This
declaration will not be valid unless it is signed by two
qualified witnesses who are personally known to you and who are
present when you sign or acknowledge your signature.
NOTICE TO PHYSICIAN OR PROVIDER
Under Oregon law, a person may use this declaration to provide
consent for mental health treatment or to appoint a
representative to make mental health treatment decisions when the
person is incapable of making those decisions. A person is '
incapable' when, in the opinion of a court or two physicians, the
person's ability to receive and evaluate information effectively
or communicate decisions is impaired to such an extent that the
person currently lacks the capacity to make mental health
treatment decisions. This document becomes operative when it is
delivered to the person's physician or other provider and remains
valid until revoked or expired. Upon being presented with this
declaration, a physician or provider must make it a part of the
person's medical record. When acting under authority of the
declaration, a physician or provider must comply with it to the
fullest extent possible. If the physician or provider is
unwilling to comply with the declaration, the physician or
provider may withdraw from providing treatment consistent with
professional judgment and must promptly notify the person and the
person's representative and document the notification in the
person's medical record. A physician or provider who administers
or does not administer mental health treatment according to and
in good faith reliance upon the validity of this declaration is
not subject to criminal prosecution, civil liability or
professional disciplinary action resulting from a subsequent
finding of the declaration's invalidity.
_________________________________________________________________
SECTION 91. ORS 127.810 is amended to read:
127.810. s2.02. Form of the written request. (1) A valid
request for medication under ORS 127.800 to 127.897 shall be in
substantially the form described in ORS 127.897, signed and dated
by the patient and witnessed by at least two individuals who, in
the presence of the patient, attest that to the best of their
knowledge and belief the patient is capable, acting voluntarily,
and is not being coerced to sign the request.
(2) One of the witnesses shall be a person who is not:
(a) A relative of the patient by blood, marriage { + ,
reciprocal beneficiary agreement as defined in section 1 of this
2007 Act + } or adoption;
(b) A person who at the time the request is signed would be
entitled to any portion of the estate of the qualified patient
upon death under any will or by operation of law; or
(c) An owner, operator or employee of a health care facility
where the qualified patient is receiving medical treatment or is
a resident.
(3) The patient's attending physician at the time the request
is signed shall not be a witness.
(4) If the patient is a patient in a long term care facility at
the time the written request is made, one of the witnesses shall
be an individual designated by the facility and having the
qualifications specified by the Department of Human Services by
rule.
SECTION 92. ORS 127.897 is amended to read:
127.897. s6.01. Form of the request. A request for a medication
as authorized by ORS 127.800 to 127.897 shall be in substantially
the following form:
_________________________________________________________________
REQUEST FOR MEDICATION
TO END MY LIFE IN A HUMANE
AND DIGNIFIED MANNER
I, _______________, am an adult of sound mind.
I am suffering from ______, which my attending physician has
determined is a terminal disease and which has been medically
confirmed by a consulting physician.
I have been fully informed of my diagnosis, prognosis, the
nature of medication to be prescribed and potential associated
risks, the expected result, and the feasible alternatives,
including comfort care, hospice care and pain control.
I request that my attending physician prescribe medication that
will end my life in a humane and dignified manner.
INITIAL ONE:
____ I have informed my family of my decision and taken their
opinions into consideration.
____ I have decided not to inform my family of my decision.
____ I have no family to inform of my decision.
I understand that I have the right to rescind this request at
any time.
I understand the full import of this request and I expect to
die when I take the medication to be prescribed. I further
understand that although most deaths occur within three hours, my
death may take longer and my physician has counseled me about
this possibility.
I make this request voluntarily and without reservation, and I
accept full moral responsibility for my actions.
Signed: __________
Dated: __________
DECLARATION OF WITNESSES
We declare that the person signing this request:
(a) Is personally known to us or has provided proof of
identity;
(b) Signed this request in our presence;
(c) Appears to be of sound mind and not under duress, fraud or
undue influence;
(d) Is not a patient for whom either of us is attending
physician.
_________ Witness 1/Date
_________ Witness 2/Date
NOTE: One witness shall not be a relative (by blood,
marriage { + , reciprocal beneficiary agreement as defined in
section 1 of this 2007 Act + } or adoption) of the person signing
this request, shall not be entitled to any portion of the
person's estate upon death and shall not own, operate or be
employed at a health care facility where the person is a patient
or resident. If the patient is an inpatient at a health care
facility, one of the witnesses shall be an individual designated
by the facility.
_________________________________________________________________
SECTION 93. ORS 130.655 is amended to read:
130.655. (1) A trustee shall administer the trust solely in the
interests of the beneficiaries.
(2) Subject to the rights of persons dealing with or assisting
the trustee as provided in ORS 130.855, a sale, encumbrance or
other transaction involving the investment or management of trust
property entered into by the trustee for the trustee's own
personal account or that is otherwise affected by a conflict
between the trustee's fiduciary and personal interests is
voidable by a beneficiary affected by the transaction unless:
(a) The transaction was authorized by the terms of the trust;
(b) The transaction was approved by a court;
(c) The beneficiary did not commence a judicial proceeding
within the time allowed by ORS 130.820;
(d) The beneficiary consented to the trustee's conduct,
ratified the transaction or released the trustee in the manner
provided by ORS 130.840; or
(e) The transaction involves a contract entered into or claim
acquired by the trustee before the person became or contemplated
becoming trustee.
(3) A sale, encumbrance or other transaction involving the
investment or management of trust property is presumed to be
affected by a conflict between the personal and fiduciary
interests of the trustee if it is entered into by the trustee
with:
(a) The trustee's spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2007 Act + };
(b) The trustee's descendants, siblings or parents, or their
spouses { + or reciprocal beneficiaries + };
(c) An agent or attorney of the trustee; or
(d) A corporation or other person or enterprise in which the
trustee, or a person that owns a significant interest in the
trustee, has an interest that might affect the trustee's best
judgment.
(4) Unless a trustee can establish that the transaction was
fair to the beneficiary, a transaction between a trustee and a
beneficiary that does not concern trust property but from which
the trustee obtains an advantage is voidable by the beneficiary
if the transaction occurs during the existence of the trust or
while the trustee retains significant influence over the
beneficiary.
(5) A transaction not concerning trust property in which the
trustee engages in the trustee's individual capacity involves a
conflict between personal and fiduciary interests if the
transaction concerns an opportunity properly belonging to the
trust.
(6) An investment by a trustee in securities of an investment
company or an investment trust to which the trustee, or an
affiliate of the trustee, provides services in a capacity other
than as trustee is not presumed to be affected by a conflict
between personal and fiduciary interests if the investment
otherwise complies with the prudent investor rule of ORS 130.750
to 130.775. In addition to compensation for acting as trustee,
the trustee may be compensated by the investment company or
investment trust for providing those services out of fees charged
to the trust. If the trustee receives compensation from the
investment company or investment trust for providing investment
advisory or investment management services, the trustee at least
annually shall give notice of the rate and method by which that
compensation was determined to the persons entitled under ORS
130.710 to receive a copy of the trustee's annual report.
(7) In voting shares of stock of a corporation or in exercising
powers of control over similar interests in other forms of
business entities, the trustee shall act in the best interests of
the beneficiaries. If the trust is the sole owner of a
corporation or other form of business entity, the trustee shall
elect or appoint directors or other managers who will manage the
corporation or entity in the best interests of the beneficiaries.
(8) This section does not preclude the following transactions,
if fair to the beneficiaries:
(a) An agreement between a trustee and a beneficiary relating
to the appointment or compensation of the trustee;
(b) Payment of reasonable compensation to the trustee;
(c) A transaction between a trust and another trust, decedent's
estate, custodianship or conservatorship of which the trustee is
a fiduciary or in which a beneficiary has an interest;
(d) A deposit of trust money in a financial institution
operated by the trustee; or
(e) An advance by the trustee of money for the protection of
the trust.
(9) The court may appoint a special fiduciary to make a
decision with respect to any proposed transaction that might
violate this section if entered into by the trustee.
SECTION 94. ORS 135.050 is amended to read:
135.050. (1) Suitable counsel for a defendant shall be
appointed by a municipal, county or justice court if:
(a) The defendant is before a court on a matter described in
subsection (5) of this section;
(b) The defendant requests aid of counsel;
(c) The defendant provides to the court a written and verified
financial statement; and
(d) It appears to the court that the defendant is financially
unable to retain adequate representation without substantial
hardship in providing basic economic necessities to the defendant
or the defendant's dependent family.
(2) Suitable counsel for a defendant shall be appointed by a
circuit court if:
(a) The defendant is before the court on a matter described in
subsection (5) of this section;
(b) The defendant requests aid of counsel;
(c) The defendant provides to the court a written and verified
financial statement; and
(d)(A) The defendant is determined to be financially eligible
under ORS 151.485 and the standards established by the Public
Defense Services Commission under ORS 151.216; or
(B) The court finds, on the record, substantial and compelling
reasons why the defendant is financially unable to retain
adequate representation without substantial hardship in providing
basic economic necessities to the defendant or the defendant's
dependent family despite the fact that the defendant does not
meet the financial eligibility standards established by the
commission.
(3) Appointed counsel may not be denied to any defendant merely
because the defendant's friends or relatives have resources
adequate to retain counsel or because the defendant has deposited
or is capable of depositing security for release. However,
appointed counsel may be denied to a defendant if the defendant's
spouse { + or reciprocal beneficiary, as defined in section 1 of
this 2007 Act, + } has adequate resources which the court
determines should be made available to retain counsel.
(4) The defendant's financial statement under subsection (1) or
(2) of this section shall include, but not be limited to:
(a) A list of bank accounts in the name of defendant or
defendant's spouse { + or reciprocal beneficiary, as defined in
section 1 of this 2007 Act + }, and the balance in each;
(b) A list of defendant's interests in real property and those
of defendant's spouse { + or reciprocal beneficiary + };
(c) A list of automobiles and other personal property of
significant value belonging to defendant or defendant's
spouse { + or reciprocal beneficiary + };
(d) A list of debts in the name of defendant or defendant's
spouse { + or reciprocal beneficiary + }, and the total of each;
and
(e) A record of earnings and other sources of income in the
name of defendant or defendant's spouse { + or reciprocal
beneficiary + }, and the total of each.
(5) Counsel must be appointed for a defendant who meets the
requirements of subsection (1) or (2) of this section and who is
before a court on any of the following matters:
(a) Charged with a crime.
(b) For a hearing to determine whether an enhanced sentence
should be imposed when such proceedings may result in the
imposition of a felony sentence.
(c) For extradition proceedings under the provisions of the
Uniform Criminal Extradition Act.
(d) For any proceeding concerning an order of probation,
including but not limited to the revoking or amending thereof.
(6) Unless otherwise ordered by the court, the appointment of
counsel under this section shall continue during all criminal
proceedings resulting from the defendant's arrest through
acquittal or the imposition of punishment. The court having
jurisdiction of the case may not substitute one appointed counsel
for another except pursuant to the policies, procedures,
standards and guidelines of the Public Defense Services
Commission under ORS 151.216.
(7) If, at any time after the appointment of counsel, the court
having jurisdiction of the case finds that the defendant is
financially able to obtain counsel, the court may terminate the
appointment of counsel. If, at any time during criminal
proceedings, the court having jurisdiction of the case finds that
the defendant is financially unable to pay counsel whom the
defendant has retained, the court may appoint counsel as provided
in this section.
(8) The court may order the defendant in a circuit court to pay
to the Public Defense Services Account in the General Fund,
through the clerk of the court, in full or in part the
administrative costs of determining the eligibility of the
defendant for appointed counsel and the costs of the legal and
other services that are related to the provision of appointed
counsel under ORS 151.487, 151.505 or 161.665.
(9) In addition to any criminal prosecution, a civil proceeding
may be initiated by any public body which has expended moneys for
the defendant's legal assistance within two years of judgment if
the defendant was not qualified in accordance with subsection (1)
or (2) of this section for legal assistance.
(10) The civil proceeding shall be subject to the exemptions
from execution as provided for by law.
(11) As used in this section unless the context requires
otherwise, 'counsel' includes a legal advisor appointed under ORS
135.045.
SECTION 95. ORS 135.230 is amended to read:
135.230. As used in ORS 135.230 to 135.290, unless the context
requires otherwise:
(1) 'Abuse' means:
(a) Attempting to cause or intentionally, knowingly or
recklessly causing physical injury;
(b) Intentionally, knowingly or recklessly placing another in
fear of imminent serious physical injury; or
(c) Committing sexual abuse in any degree as defined in ORS
163.415, 163.425 and 163.427.
(2) 'Conditional release' means a nonsecurity release which
imposes regulations on the activities and associations of the
defendant.
(3) 'Domestic violence' means abuse between family or household
members.
(4) 'Family or household members' means any of the following:
(a) Spouses.
(b) Former spouses.
{ + (c) Reciprocal beneficiaries, as defined in section 1 of
this 2007 Act.
(d) Former reciprocal beneficiaries. + }
{ - (c) - } { + (e) + } Adult persons related by blood or
marriage.
{ - (d) - } { + (f) + } Persons cohabiting with each other.
{ - (e) - } { + (g) + } Persons who have cohabited with
each other or who have been involved in a sexually intimate
relationship.
{ - (f) - } { + (h) + } Unmarried parents of a minor child.
(5) 'Magistrate' has the meaning provided for this term in ORS
133.030.
(6) 'Personal recognizance' means the release of a defendant
upon the promise of the defendant to appear in court at all
appropriate times.
(7) 'Primary release criteria' includes the following:
(a) The reasonable protection of the victim or public;
(b) The nature of the current charge;
(c) The defendant's prior criminal record, if any, and, if the
defendant previously has been released pending trial, whether the
defendant appeared as required;
(d) Any facts indicating the possibility of violations of law
if the defendant is released without regulations; and
(e) Any other facts tending to indicate that the defendant is
likely to appear.
(8) 'Release' means temporary or partial freedom of a defendant
from lawful custody before judgment of conviction or after
judgment of conviction if defendant has appealed.
(9) 'Release agreement' means a sworn writing by the defendant
stating the terms of the release and, if applicable, the amount
of security.
(10) 'Release decision' means a determination by a magistrate,
using primary and secondary release criteria, which establishes
the form of the release most likely to ensure the safety of the
public and the victim, the defendant's court appearance and that
the defendant does not engage in domestic violence while on
release.
(11) 'Secondary release criteria' includes the following:
(a) The defendant's employment status and history and financial
condition;
(b) The nature and extent of the family relationships of the
defendant;
(c) The past and present residences of the defendant;
(d) Names of persons who agree to assist the defendant in
attending court at the proper time; and
(e) Any facts tending to indicate that the defendant has strong
ties to the community.
(12) 'Security release' means a release conditioned on a
promise to appear in court at all appropriate times which is
secured by cash, stocks, bonds or real property.
(13) 'Surety' is one who executes a security release and binds
oneself to pay the security amount if the defendant fails to
comply with the release agreement.
SECTION 96. ORS 136.655 is amended to read:
136.655. (1) Except as provided in subsection { - (2) - }
{ + (3) + } of this section, in { - all - } criminal actions
in which the husband is the party accused, the wife is a
competent witness and when the wife is the party accused, the
husband is a competent witness; but neither husband nor wife
{ - in such cases shall - } { + may + } be compelled or
allowed to testify in such cases, except as provided in ORS
40.255.
{ + (2) Except as provided in subsection (3) of this section,
in criminal actions in which a person who is in a reciprocal
beneficiary agreement, as defined in section 1 of this 2007 Act,
is the party accused, the other reciprocal beneficiary is a
competent witness but may not be compelled or allowed to testify
in such cases, except as provided in ORS 40.255. + }
{ - (2) - } { + (3) + } There is no privilege under this
section, or under ORS 40.255 in all criminal actions in which one
spouse is charged with bigamy or { + if one spouse or reciprocal
beneficiary is charged + } with an offense or attempted offense
against the person or property of the other spouse { + or
reciprocal beneficiary + } or of a child of either, or with an
offense against the person or property of a third person
committed in the course of committing or attempting to commit an
offense against the other spouse { + or reciprocal
beneficiary + }.
SECTION 97. 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 { + , reciprocal beneficiary as
defined in section 1 of this 2007 Act + } 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 Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
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.
SECTION 98. 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 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 { + , reciprocal beneficiary as
defined in section 1 of this 2007 Act + } 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 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 Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police,
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.
SECTION 99. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner's program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.
(c) Transmit monthly to the Department of Transportation a
report for the preceding calendar month of all information
obtained under ORS 146.113.
(5) Any parent, spouse, { + reciprocal beneficiary as defined
in section 1 of this 2007 Act, + } child or personal
representative of the deceased, or any person who may be
criminally or civilly liable for the death, or their authorized
representatives respectively, may examine and obtain copies of
any medical examiner's report, autopsy report or laboratory test
report ordered by a medical examiner under ORS 146.117. The
system described in ORS 192.517 (1) shall have access to reports
described in this subsection as provided in ORS 192.517.
SECTION 100. ORS 146.125 is amended to read:
146.125. (1) The medical examiner, deputy medical examiner,
district attorney or sheriff may temporarily retain possession of
any property found on the body or in the possession of the
deceased which in the opinion of the medical examiner, deputy
medical examiner, district attorney or sheriff may be useful in
establishing the cause or manner of death or may be used in
further proceedings.
(2) When a medical examiner, deputy medical examiner, district
attorney or sheriff assumes control or custody of money or
personal property found on the body or in the possession of the
deceased, the medical examiner, deputy medical examiner, district
attorney or sheriff shall:
(a) Make a verified inventory of such money or property.
(b) File the inventory in the district medical examiner's
office.
(c) Deposit the money with the county treasurer to the credit
of the county general fund.
(3) If personal property is not retained by the medical
examiner, deputy medical examiner, district attorney or sheriff,
and is not claimed within 30 days, the inventory shall be filed
with the board of county commissioners to be disposed of as
follows:
(a) If the property has value, the board may order it sold and
after deducting the cost of sale, shall deposit the proceeds of
the sale with the county treasurer to the credit of the county
general fund.
(b) If the property has no value in the judgment of the board,
the board may order the sheriff to destroy such property.
(4) Any expenses incurred by the county in transporting or
disposing of the body may be deducted from the money or proceeds
of the sale of personal property before it is delivered to a
claimant.
(5) If it appears that the person whose death required
investigation died wholly intestate and without heirs, the county
whose official has control or custody of the property shall
notify an estate administrator of the Department of State Lands
appointed under ORS 113.235 within 15 days after the death.
(6) If a legally qualified personal representative, spouse,
{ + reciprocal beneficiary as defined in section 1 of this 2007
Act + } or next of kin:
(a) Claims the money of the deceased, the treasurer shall,
subject to the provisions of subsection (4) of this section,
deliver such money to the claimant.
(b) Within 30 days, claims the personal property of the
deceased, the property shall be delivered to such claimant
subject to the provisions of subsections (1) and (5) of this
section.
(7) If money of the deceased is not claimed within seven years
and is presumed abandoned as provided by ORS 98.302 to 98.436 and
98.992, the board of county commissioners shall order the money
paid as required by law.
SECTION 101. ORS 147.005 is amended to read:
147.005. As used in ORS 135.905 and 147.005 to 147.367 unless
the context requires otherwise:
(1) 'Applicant' means:
(a) Any victim of a compensable crime who applies to the
Department of Justice for compensation under ORS 135.905 and
147.005 to 147.367;
(b) Any person who was a dependent of a deceased victim at the
time of the death of that victim;
(c) Any person who is a survivor of a deceased victim; or
(d) Any person eligible for compensation under ORS 147.025.
(2) 'Board' means the Workers' Compensation Board.
(3) 'Child' means an unmarried person who is under 18 years of
age and includes a posthumous child, stepchild or an adopted
child.
(4) 'Compensable crime' means abuse of corpse in any degree or
an intentional, knowing or reckless act that results in serious
bodily injury or death of another person and which, if committed
by a person of full legal capacity, would be punishable as a
crime in this state.
(5) 'Dependent' means such relatives of a deceased victim who
wholly or partially were dependent upon the victim's income at
the time of death or would have been so dependent but for the
victim's incapacity due to the injury from which the death
resulted.
(6) 'Department' means the Department of Justice.
(7) 'Funeral expenses' means expenses of the funeral, burial,
cremation or other chosen method of interment, including plot or
tomb and other necessary incidents to the disposition of the
remains and also including, in the case of abuse of corpse in any
degree, reinterment.
(8) 'Injury' means abuse of a corpse or actual bodily harm and,
with respect to a victim, includes pregnancy and mental or
nervous shock.
(9) 'International terrorism' means activities that:
(a) Involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or any
state or that would be a criminal violation if committed within
the jurisdiction of the United States or of any state;
(b) Appear to be intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a government by intimidation or
coercion; or
(C) Affect the conduct of a government by assassination or
kidnapping; and
(c) Occur primarily outside the territorial jurisdiction of the
United States or transcend national boundaries in terms of the
means by which they are accomplished, the persons they appear
intended to intimidate or coerce, or the locale in which their
perpetrators operate or seek asylum.
(10) 'Law enforcement official' means a sheriff, constable,
marshal, municipal police officer or member of the Oregon State
Police and such other persons as may be designated by law as a
peace officer.
(11) 'Relative' means a person related to the victim within the
third degree as determined by the common law, a spouse, { + a
reciprocal beneficiary as defined in section 1 of this 2007
Act + } or an individual related to the spouse { + or reciprocal
beneficiary + } within the third degree as so determined and
includes an individual in an adoptive relationship.
(12) 'Survivor' means any spouse, { + reciprocal
beneficiary, + } parent, grandparent, guardian, sibling, child or
other immediate family member or household member of a deceased
victim.
(13) 'Victim' means:
(a) A person:
(A) Killed or injured in this state as a result of a
compensable crime perpetrated or attempted against that person;
(B) Killed or injured in this state while attempting to assist
a person against whom a compensable crime is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable person under the circumstances;
(C) Killed or injured in this state while assisting a law
enforcement official to apprehend a person who has perpetrated a
crime or to prevent the perpetration of any such crime, if that
assistance was in response to the express request of the law
enforcement official;
(D) Killed or injured in another state as a result of a
criminal episode that began in this state;
(E) Who is an Oregon resident killed or injured as a result of
a compensable crime perpetrated or attempted against the person
in a state, within the United States, without a reciprocal crime
victims' compensation program; or
(F) Who is an Oregon resident killed or injured by an act of
international terrorism committed outside the United States; or
(b) In the case of abuse of corpse in any degree, the corpse or
a relative of the corpse.
SECTION 102. ORS 161.270 is amended to read:
161.270. (1) The commission of acts which would otherwise
constitute an offense, other than murder, is not criminal if the
actor engaged in the proscribed conduct because the actor was
coerced to do so by the use or threatened use of unlawful
physical force upon the actor or a third person, which force or
threatened force was of such nature or degree to overcome earnest
resistance.
(2) Duress is not a defense for one who intentionally or
recklessly places oneself in a situation in which it is probable
that one will be subjected to duress.
(3) It is not a defense that a spouse acted on the command of
the other spouse, unless the spouse acted under such coercion as
would establish a defense under subsection (1) of this section.
{ + (4) It is not a defense that a reciprocal beneficiary, as
defined in section 1 of this 2007 Act, acted on the command of
the other reciprocal beneficiary, unless the reciprocal
beneficiary acted under such coercion as would establish a
defense under subsection (1) of this section. + }
SECTION 103. ORS 163.375 is amended to read:
163.375. (1) A person who has sexual intercourse with another
person commits the crime of rape in the first degree if:
(a) The victim is subjected to forcible compulsion by the
person;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the person's
sibling, of the whole or half blood, the person's child
{ - or - } { + , + } the person's spouse's child { + or the
child of the person's reciprocal beneficiary, as defined in
section 1 of this 2007 Act + }; or
(d) The victim is incapable of consent by reason of mental
defect, mental incapacitation or physical helplessness.
(2) Rape in the first degree is a Class A felony.
SECTION 104. ORS 163.405 is amended to read:
163.405. (1) A person who engages in deviate sexual intercourse
with another person or causes another to engage in deviate sexual
intercourse commits the crime of sodomy in the first degree if:
(a) The victim is subjected to forcible compulsion by the
actor;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the actor's
brother or sister, of the whole or half blood, the son or
daughter of the actor { - or - } { + , + } the son or daughter
of the actor's spouse { + or the son or daughter of the actor's
reciprocal beneficiary, as defined in section 1 of this 2007
Act + }; or
(d) The victim is incapable of consent by reason of mental
defect, mental incapacitation or physical helplessness.
(2) Sodomy in the first degree is a Class A felony.
SECTION 105. 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, { + reciprocal beneficiary as defined in section
1 of this 2007 Act, + } 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.
SECTION 106. ORS 163.735 is amended to read:
163.735. (1) Upon a complaint initiated as provided in ORS
163.744, a law enforcement officer shall issue a citation
ordering the person to appear in court within three judicial days
and show cause why the court should not enter a court's stalking
protective order when the officer has probable cause to believe
that:
(a) The person intentionally, knowingly or recklessly engages
in repeated and unwanted contact with the other person or a
member of that person's immediate family or household thereby
alarming or coercing the other person;
(b) It is objectively reasonable for a person in the victim's
situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or household.
(2) The Department of State Police shall develop and distribute
a form for the citation. The form shall be uniform throughout the
state and shall contain substantially the following in addition
to any other material added by the department:
_________________________________________________________________
OFFICER:_____________
AGENCY:_____________
PETITIONER:____________
PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:_________
RESPONDENT:___________
On behalf of petitioner, I affirm that I am a law enforcement
officer in the State of Oregon.
You, the respondent, must appear at __________ (name and
location of court at which respondent is to appear) on _____
(date and time respondent is to appear in court). At this
hearing, you must be prepared to establish why the court should
not enter a court's stalking protective order which shall be for
an unlimited duration unless limited by law or court order. If
you fail to appear at this hearing, the court shall immediately
issue a warrant for your arrest and shall enter a court's
stalking protective order.
If the court issues a stalking protective order at this
hearing, and while the protective order is in effect, federal law
may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to violate this order and then violating this order.
Causing the person protected by the order, if the person is
your spouse { + , reciprocal beneficiary + } or intimate partner,
to cross state lines or tribal land lines for your purpose of
violating the order.
Possessing, receiving, shipping or transporting any firearm or
firearm ammunition.
Whether or not a stalking protective order is in effect,
federal law may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to injure or harass another person and during, or because
of, that travel placing that person in reasonable fear of death
or serious bodily injury to that person or to a member of that
person's immediate family.
Traveling across state lines or tribal land lines with the
intent to injure your spouse { + , reciprocal beneficiary + } or
intimate partner and then intentionally committing a crime of
violence causing bodily injury to that person.
Causing your spouse { + , reciprocal beneficiary + } or
intimate partner to travel across state lines or tribal land
lines if your intent is to cause bodily injury to that person or
if the travel results in your causing bodily injury to that
person.
It has been alleged that you have alarmed or coerced the
petitioner, or person to be protected if other than the
petitioner. If you engage in contact that alarms or coerces the
petitioner, or person to be protected if other than the
petitioner, in violation of ORS 163.732, you may be arrested for
the crime of stalking.
Date: _____ Time: _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Signed:___
__
(Respondent)
Signed:___
__
(Law enforcement officer).
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 107. ORS 164.035 is amended to read:
164.035. (1) In a prosecution for theft it is a defense that
the defendant acted under an honest claim of right, in that:
(a) The defendant was unaware that the property was that of
another; or
(b) The defendant reasonably believed that the defendant was
entitled to the property involved or had a right to acquire or
dispose of it as the defendant did.
(2) In a prosecution for theft by extortion committed by
instilling in the victim a fear that the victim or another person
would be charged with a crime, it is a defense that the defendant
reasonably believed the threatened charge to be true and that the
sole purpose of the defendant was to compel or induce the victim
to take reasonable action to make good the wrong which was the
subject of the threatened charge.
(3) In a prosecution for theft by receiving, it is a defense
that the defendant received, retained, concealed or disposed of
the property with the intent of restoring it to the owner.
(4) It is a defense that { + :
(a) + } The property involved was that of the defendant's
spouse, unless the parties were not living together as husband
and wife and were living in separate abodes at the time of the
alleged theft { - . - } { + ; or
(b) The property involved was that of the defendant's
reciprocal beneficiary, as defined in section 1 of this 2007 Act,
unless the parties were living in separate abodes at the time of
the alleged theft. + }
SECTION 108. ORS 164.164 is amended to read:
164.164. (1) In a prosecution under ORS 164.162, it is a
defense that the defendant acted under an honest claim of right
in that:
(a) The defendant was unaware that the property was that of
another person;
(b) The defendant reasonably believed that the defendant was
entitled to the property involved or had a right to acquire or
dispose of it as the defendant did; { - or - }
(c) The property involved was that of the defendant's spouse,
unless the parties were not living together as husband and wife
and were living in separate abodes at the time of the alleged
offense { - . - } { + ; or
(d) The property involved was that of the defendant's
reciprocal beneficiary, as defined in section 1 of this 2007 Act,
unless the parties were living in separate abodes at the time of
the alleged offense. + }
(2)(a) ORS 164.162 does not apply to employees charged with the
operation of facilities listed in paragraph (b) of this
subsection when the employees are carrying out their official
duties to protect the safety and security of the facilities.
(b) The facilities to which paragraph (a) of this subsection
applies are juvenile detention facilities and local correctional
facilities as defined in ORS 169.005, detention facilities as
defined in ORS 419A.004, youth correction facilities as defined
in ORS 420.005 and Department of Corrections institutions as
defined in ORS 421.005.
SECTION 109. ORS 167.017 is amended to read:
167.017. (1) A person commits the crime of compelling
prostitution if the person knowingly:
(a) Uses force or intimidation to compel another to engage in
prostitution; or
(b) Induces or causes a person under 18 years of age to engage
in prostitution; or
(c) Induces or causes the spouse, { + reciprocal beneficiary
as defined in section 1 of this 2007 Act, + } child or stepchild
of the person to engage in prostitution.
(2) Compelling prostitution is a Class B felony.
SECTION 110. ORS 167.027 is amended to read:
167.027. (1) On the issue of whether a place is a place of
prostitution as defined in ORS 167.002, its general repute and
repute of persons who reside in or frequent the place shall be
competent evidence.
(2) Notwithstanding ORS 136.655, in any prosecution under ORS
167.012 and 167.017, spouses are competent and compellable
witnesses for or against either party { + , and reciprocal
beneficiaries as defined in section 1 of this 2007 Act are
competent and compellable witnesses for or against either
party + }.
SECTION 111. ORS 192.526 is amended to read:
192.526. If no person has been appointed as a personal
representative under ORS chapter 113 or a person appointed as a
personal representative under ORS chapter 113 has been
discharged, the personal representative of a deceased individual
shall be the first of the following persons, in the following
order, who can be located upon reasonable effort by the covered
entity and who is willing to serve as the personal
representative:
(1) A person appointed as guardian under ORS 125.305, 419B.370,
419C.481 or 419C.555 with authority to make medical and health
care decisions at the time of the individual's death.
(2) The individual's spouse.
{ + (3) The individual's reciprocal beneficiary, as defined
in section 1 of this 2007 Act. + }
{ - (3) - } { + (4) + } An adult designated in writing by
the persons listed in this section, if no person listed in this
section objects to the designation.
{ - (4) - } { + (5) + } A majority of the adult children of
the individual who can be located.
{ - (5) - } { + (6) + } Either parent of the individual or
an individual acting in loco parentis to the individual.
{ - (6) - } { + (7) + } A majority of the adult siblings of
the individual who can be located.
{ - (7) - } { + (8) + } Any adult relative or adult friend.
SECTION 112. ORS 197.352 is amended to read:
197.352. The following provisions are added to and made a part
of ORS chapter 197:
(1) If a public entity enacts or enforces a new land use
regulation or enforces a land use regulation enacted prior to
December 2, 2004, that restricts the use of private real property
or any interest therein and has the effect of reducing the fair
market value of the property, or any interest therein, then the
owner of the property shall be paid just compensation.
(2) Just compensation shall be equal to the reduction in the
fair market value of the affected property interest resulting
from enactment or enforcement of the land use regulation as of
the date the owner makes written demand for compensation under
this section.
(3) Subsection (1) of this section shall not apply to land use
regulations:
(A) Restricting or prohibiting activities commonly and
historically recognized as public nuisances under common law.
This subsection shall be construed narrowly in favor of a finding
of compensation under this section;
(B) Restricting or prohibiting activities for the protection of
public health and safety, such as fire and building codes, health
and sanitation regulations, solid or hazardous waste regulations,
and pollution control regulations;
(C) To the extent the land use regulation is required to comply
with federal law;
(D) Restricting or prohibiting the use of a property for the
purpose of selling pornography or performing nude dancing.
Nothing in this subsection, however, is intended to affect or
alter rights provided by the Oregon or United States
Constitutions; or
(E) Enacted prior to the date of acquisition of the property by
the owner or a family member of the owner who owned the subject
property prior to acquisition or inheritance by the owner,
whichever occurred first.
(4) Just compensation under subsection (1) of this section
shall be due the owner of the property if the land use regulation
continues to be enforced against the property 180 days after the
owner of the property makes written demand for compensation under
this section to the public entity enacting or enforcing the land
use regulation.
(5) For claims arising from land use regulations enacted prior
to December 2, 2004, written demand for compensation under
subsection (4) shall be made within two years of December 2,
2004, or the date the public entity applies the land use
regulation as an approval criteria to an application submitted by
the owner of the property, whichever is later. For claims arising
from land use regulations enacted after December 2, 2004, written
demand for compensation under subsection (4) shall be made within
two years of the enactment of the land use regulation, or the
date the owner of the property submits a land use application in
which the land use regulation is an approval criteria, whichever
is later.
(6) If a land use regulation continues to apply to the subject
property more than 180 days after the present owner of the
property has made written demand for compensation under this
section, the present owner of the property, or any interest
therein, shall have a cause of action for compensation under this
section in the circuit court in which the real property is
located, and the present owner of the real property shall be
entitled to reasonable attorney fees, expenses, costs, and other
disbursements reasonably incurred to collect the compensation.
(7) A metropolitan service district, city, or county, or state
agency may adopt or apply procedures for the processing of claims
under this section, but in no event shall these procedures act as
a prerequisite to the filing of a compensation claim under
subsection (6) of this section, nor shall the failure of an owner
of property to file an application for a land use permit with the
local government serve as grounds for dismissal, abatement, or
delay of a compensation claim under subsection (6) of this
section.
(8) Notwithstanding any other state statute or the availability
of funds under subsection (10) of this section, in lieu of
payment of just compensation under this section, the governing
body responsible for enacting the land use regulation may modify,
remove, or not to apply the land use regulation or land use
regulations to allow the owner to use the property for a use
permitted at the time the owner acquired the property.
(9) A decision by a governing body under this section shall not
be considered a land use decision as defined in ORS 197.015 (11).
(10) Claims made under this section shall be paid from funds,
if any, specifically allocated by the legislature, city, county,
or metropolitan service district for payment of claims under this
section. Notwithstanding the availability of funds under this
subsection, a metropolitan service district, city, county, or
state agency shall have discretion to use available funds to pay
claims or to modify, remove, or not apply a land use regulation
or land use regulations pursuant to subsection (6) of this
section. If a claim has not been paid within two years from the
date on which it accrues, the owner shall be allowed to use the
property as permitted at the time the owner acquired the
property.
(11) Definitions - for purposes of this section:
(A) 'Family member' shall include the wife, husband, son,
daughter, mother, father, brother, brother-in-law, sister,
sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild,
grandparent, { - or - } grandchild { + or reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } of the
owner of the property, an estate of any of the foregoing family
members, or a legal entity owned by any one or combination of
these family members or the owner of the property.
(B) 'Land use regulation' shall include:
(i) Any statute regulating the use of land or any interest
therein;
(ii) Administrative rules and goals of the Land Conservation
and Development Commission;
(iii) Local government comprehensive plans, zoning ordinances,
land division ordinances, and transportation ordinances;
(iv) Metropolitan service district regional framework plans,
functional plans, planning goals and objectives; and
(v) Statutes and administrative rules regulating farming and
forest practices.
(C) 'Owner' is the present owner of the property, or any
interest therein.
(D) 'Public entity' shall include the state, a metropolitan
service district, a city, or a county.
(12) The remedy created by this section is in addition to any
other remedy under the Oregon or United States Constitutions, and
is not intended to modify or replace any other remedy.
(13) If any portion or portions of this section are declared
invalid by a court of competent jurisdiction, the remaining
portions of this section shall remain in full force and effect.
SECTION 113. ORS 197.756 is amended to read:
197.756. (1) Upon the sale of a lot or parcel located inside an
urban growth boundary that is assessed at its value for farm use
under ORS 308A.050 to 308A.128, the lot or parcel shall be
disqualified for farm use assessment if:
(a) The lot or parcel is in an area identified for urban
services under ORS 197.754; and
(b) The urban services are available by ordinance for
urbanization.
(2) Disqualification under subsection (1) of this section
{ - shall - } { + does + } not apply to the sale of a lot or
parcel to the owner's spouse, { + reciprocal beneficiary as
defined in section 1 of this 2007 Act, + } parent, stepparent,
grandparent, sister, brother, daughter, son, stepchild or
grandchild, or sale to a lessee of the owner if the lessee is
conducting farm use as defined in ORS 215.203 on the lot or
parcel at the time of sale.
SECTION 114. 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 { + or reciprocal beneficiary, as defined
in section 1 of this 2007 Act + }, 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).
(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).
(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 { + , reciprocal
beneficiary + } 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. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(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 { + , reciprocal beneficiaries + } 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.
SECTION 115. 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 { - , - } { + or reciprocal
beneficiary, as defined in section 1 of this 2007 Act, + } 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).
(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).
(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 { + , reciprocal
beneficiary + } 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. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(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.
SECTION 116. ORS 215.705 is amended to read:
215.705. (1) A governing body of a county or its designate may
allow the establishment of a single-family dwelling on a lot or
parcel located within a farm or forest zone as set forth in this
section and ORS 215.710, 215.720, 215.740 and 215.750 after
notifying the county assessor that the governing body intends to
allow the dwelling. A dwelling under this section may be allowed
if:
(a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
(A) Prior to January 1, 1985; or
(B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to January 1, 1985.
(b) The tract on which the dwelling will be sited does not
include a dwelling.
(c) The proposed dwelling is not prohibited by, and will comply
with, the requirements of the acknowledged comprehensive plan and
land use regulations and other provisions of law.
(d) The lot or parcel on which the dwelling will be sited, if
zoned for farm use, is not on that high-value farmland described
in ORS 215.710 except as provided in subsections (2) and (3) of
this section.
(e) The lot or parcel on which the dwelling will be sited, if
zoned for forest use, is described in ORS 215.720, 215.740 or
215.750.
(f) When the lot or parcel on which the dwelling will be sited
lies within an area designated in an acknowledged comprehensive
plan as habitat of big game, the siting of the dwelling is
consistent with the limitations on density upon which the
acknowledged comprehensive plan and land use regulations intended
to protect the habitat are based.
(g) When the lot or parcel on which the dwelling will be sited
is part of a tract, the remaining portions of the tract are
consolidated into a single lot or parcel when the dwelling is
allowed.
(2)(a) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
(A) It meets the other requirements of ORS 215.705 to 215.750;
(B) The lot or parcel is protected as high-value farmland as
described under ORS 215.710 (1); and
(C) A hearings officer of a county determines that:
(i) The lot or parcel cannot practicably be managed for farm
use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity.
(ii) The dwelling will comply with the provisions of ORS
215.296 (1).
(iii) The dwelling will not materially alter the stability of
the overall land use pattern in the area.
(b) A local government shall provide notice of all applications
for dwellings allowed under this subsection to the State
Department of Agriculture. Notice shall be provided in accordance
with the governing body's land use regulations but shall be
mailed at least 20 calendar days prior to the public hearing
before the hearings officer under paragraph (a) of this
subsection.
(3) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
(a) It meets the other requirements of ORS 215.705 to 215.750.
(b) The tract on which the dwelling will be sited is:
(A) Identified in ORS 215.710 (3) or (4);
(B) Not protected under ORS 215.710 (1); and
(C) Twenty-one acres or less in size.
(c)(A) The tract is bordered on at least 67 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
two such tracts had dwellings on them on January 1, 1993;
(B) The tract is not a flaglot and is bordered on at least 25
percent of its perimeter by tracts that are smaller than 21
acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract. Up to
two of the four dwellings may lie within the urban growth
boundary, but only if the subject tract abuts an urban growth
boundary; or
(C) The tract is a flaglot and is bordered on at least 25
percent of its perimeter by tracts that are smaller than 21
acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract and on
the same side of the public road that provides access to the
subject tract. The governing body of a county must interpret the
center of the subject tract as the geographic center of the
flaglot if the applicant makes a written request for that
interpretation and that interpretation does not cause the center
to be located outside the flaglot. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary. As used in this
subparagraph:
(i) 'Flaglot' means a tract containing a narrow strip or
panhandle of land providing access from the public road to the
rest of the tract.
(ii) 'Geographic center of the flaglot' means the point of
intersection of two perpendicular lines of which the first line
crosses the midpoint of the longest side of a flaglot, at a
90-degree angle to that side, and the second line crosses the
midpoint of the longest adjacent side of the flaglot.
(4) If land is in a zone that allows both farm and forest uses,
is acknowledged to be in compliance with goals relating to both
agriculture and forestry and may qualify as an exclusive farm use
zone under this chapter, the county may apply the standards for
siting a dwelling under either subsection (1)(d) of this section
or ORS 215.720, 215.740 and 215.750 as appropriate for the
predominant use of the tract on January 1, 1993.
(5) A county may, by application of criteria adopted by
ordinance, deny approval of a dwelling allowed under this section
in any area where the county determines that approval of the
dwelling would:
(a) Exceed the facilities and service capabilities of the area;
(b) Materially alter the stability of the overall land use
pattern in the area; or
(c) Create conditions or circumstances that the county
determines would be contrary to the purposes or intent of its
acknowledged comprehensive plan or land use regulations.
(6) For purposes of subsection (1)(a) of this section, ' owner'
includes the wife, husband, { + reciprocal beneficiary as
defined in section 1 of this 2007 Act, + } son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law,
son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt,
uncle, niece, nephew, stepparent, stepchild, grandparent or
grandchild of the owner or a business entity owned by any one or
combination of these family members.
(7) When a local government approves an application for a
single-family dwelling under the provisions of this section, the
application may be transferred by a person who has qualified
under this section to any other person after the effective date
of the land use decision.
SECTION 117. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) 'Board' means the Public Employees Retirement Board.
(3) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(4) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(5) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. ' Creditable service'
includes all retirement credit received by a member.
(6) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(7) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(8) 'Final average salary' means whichever of the following is
greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(9) 'Firefighter' does not include a volunteer firefighter, but
does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(10) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(11) 'Fund' means the Public Employees Retirement Fund.
(12)(a) 'Member' means a person who has established membership
in the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a qualifying position and who
has completed the six-month period of service required by ORS
238.015.
(c) 'Inactive member' means a member who is not employed in a
qualifying position, whose membership has not been terminated in
the manner described by ORS 238.095, and who is not retired for
service or disability.
(d) 'Retired member' means a member who is retired for service
or disability.
(13)(a) 'Member account' means the regular account and the
variable account.
(b) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(c) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(14) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(15) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(16) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Parole and probation officers employed by the Department of
Corrections, parole and probation officers who are transferred to
county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181.610, who are classified
as police officers for the purposes of this chapter by the county
governing body. If a county classifies adult parole and probation
officers as police officers for the purposes of this chapter, and
the employees so classified are represented by a labor
organization, any proposal by the county to change that
classification or to cease to classify adult parole and probation
officers as police officers for the purposes of this chapter is a
mandatory subject of bargaining.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(i) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(j) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the Director of the Department
of Corrections as being eligible for police officer status.
(p) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, as long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 does not affect police officer status.
(q) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full-time as police
officers commissioned by the district.
(r) Employees at youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 who are required to hold valid Oregon teaching licenses
and who have supervisory, control or teaching responsibilities
over juveniles committed to the custody of the Department of
Corrections or the Oregon Youth Authority.
(s) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(t) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
(17) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(18) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(19) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an employee performs
600 or more hours of service in a calendar year, excluding any
service in a job for which a participating public employer does
not provide benefits under this chapter pursuant to an
application made under ORS 238.035.
(20) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
(21)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation;
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of
or a conciliation agreement with an administration agency charged
with enforcing federal or state law protecting the employee's
rights to employment or wages, which shall be allocated to and
deemed paid in the periods in which the work was done or in which
it would have been done; and
(D) Wages of a deceased member paid to a surviving spouse { + ,
surviving reciprocal beneficiary as defined in section 1 of this
2007 Act + } or dependent children under ORS 652.190.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon
Health and Science University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains;
or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(22) 'School year' means the period beginning July 1 and ending
June 30 next following.
(23) 'System' means the Public Employees Retirement System.
(24) 'Vested' means being an active member of the system in
each of five calendar years.
(25) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
SECTION 118. ORS 238.055 is amended to read:
238.055. (1) On August 1, 1991, all judges receiving retirement
pay from the Judges' Retirement Fund and all surviving
spouses { + or surviving reciprocal beneficiaries, as defined in
section 1 of this 2007 Act, + } of judges receiving a pension
from the Judges' Retirement Fund shall be retired members of the
Public Employees Retirement System, except that:
(a) The amount of retirement pay or pension payable to the
judge or surviving spouse { + or surviving reciprocal
beneficiary + } of a judge and the terms and conditions of
eligibility to receive retirement pay or a pension shall be as
established by ORS 1.314 to 1.380 (1989 Edition); and
(b) The right of any person to receive any benefit as a result
of the death of a judge by reason of the provisions of ORS 1.314
to 1.380 (1989 Edition) shall solely be as provided by ORS 1.314
to 1.380 (1989 Edition).
(2) After August 1, 1991, any judge who would have become
eligible to receive retirement pay from the Judges' Retirement
Fund shall, upon retirement, be a retired member of the Public
Employees Retirement System, except that:
(a) The amount of retirement pay or pension payable to the
judge or the surviving spouse { + or surviving reciprocal
beneficiary + } of the judge and the terms and conditions of
eligibility to receive retirement pay or a pension shall be as
established by ORS 1.314 to 1.380 (1989 Edition); and
(b) The right of any person to receive any benefit as a result
of the death of the judge by reason of the provisions of ORS
1.314 to 1.380 (1989 Edition) shall solely be as provided by ORS
1.314 to 1.380 (1989 Edition).
(3) On August 1, 1991, the Judges' Retirement Fund shall cease
to exist as a separate fund and the assets and earnings of the
Judges' Retirement Fund shall be paid into the employer reserves
for judge members of the Public Employees Retirement Fund. The
Public Employees Retirement Board shall continue to keep a
separate regular account for any person who may become eligible
to receive a retirement benefit under subsection (2) of this
section and for any person whose child or children may become
entitled to a benefit under ORS 1.346 (1989 Edition).
(4) Upon deposit of the assets and earnings of the Judge's
Retirement Fund as provided under subsection (3) of this section,
the Public Employees Retirement Board shall cause to be deposited
from the employer reserves for judge members to the retired
reserves of the Public Employees Retirement Fund, the amount
actuarially determined to be necessary to fund the retirement pay
and pensions of those judges and surviving spouses { + or
surviving reciprocal beneficiaries + } of judges who were
receiving retirement pay or a pension from the Judges' Retirement
Fund on August 1, 1991.
(5) The amount of retirement pay or pension payable to a judge
or spouse { + or reciprocal beneficiary + } of a retired judge
who previously received retirement pay or a pension from the
Judges' Retirement Fund, or who would have received retirement
pay or a pension from the Judges' Retirement Fund, shall not be
recalculated or affected in any way based on the provisions of
ORS chapter 238, nor shall the eligibility of a judge or
surviving spouse { + or surviving reciprocal beneficiary + } of
a judge to receive retirement pay or a pension be affected by ORS
chapter 238.
(6) The provisions of ORS 238.390, 238.395, 238.400 and 238.500
to 238.585 do not apply to a judge or surviving spouse { + or
surviving reciprocal beneficiary + } of a judge who received
retirement pay or a pension from the Judges' Retirement Fund
prior to August 1, 1991, or to a judge who retires as a member of
the Public Employees Retirement System under subsection (2) of
this section.
(7) Any person who served as a judge before August 1, 1991, who
had amounts deducted from the person's salary while serving as a
judge for the purpose of making contributions to the Judges'
Retirement Fund, and who is not eligible to become a retired
member of the Public Employees Retirement System under this
section, may withdraw the amounts deducted from the person's
salary, with all earnings on those deductions, at any time after
May 24, 2003. Withdrawal under this subsection cancels all rights
the person may have in the Judges' Retirement Fund or the Public
Employees Retirement System, and the rights that any spouse { + ,
reciprocal beneficiary + } or { + other + } beneficiary of the
person may have in the Judges' Retirement Fund or the Public
Employees Retirement System, by reason of service by the person
as a judge for which contributions were made to the Judges'
Retirement Fund.
SECTION 119. ORS 238.305 is amended to read:
238.305. (1) Not later than 60 days after the first benefit
payment is made to a retired member of the Public Employees
Retirement System, the member may elect to convert the allowance
described by ORS 238.300 as payable after retirement into a
service retirement annuity of equivalent actuarial value of one
of the optional forms named below. The election of Option 2, 2A,
3 or 3A shall be effective immediately upon the member's
retirement.
Option 1. (a) A life annuity (nonrefund) payable during the
member's life only, which shall be the actuarial equivalent of
accumulated contributions by the member and interest thereon
credited at the time of retirement (if death occurs before the
first payment is due, the member account shall be treated as
though death had occurred before retirement); (b) a life pension
(nonrefund) provided by the contributions of employers as
provided in ORS 238.300 (2); (c) an additional nonrefund pension
for prior service credit, including military service, credited to
the member at the time of first becoming a member of the system,
as elsewhere provided in this chapter, which pension shall be
provided by the contributions of the employer; or
Option 2. A reduced service retirement allowance payable during
the member's life, with the provision that it continue after
death for the life of the beneficiary the member nominates by
written designation duly acknowledged and filed with the Public
Employees Retirement Board at the time of election, should the
beneficiary survive the member; or
Option 2A. A reduced service retirement allowance payable
during the member's life which, unless modified under subsection
(6) of this section, continues after death for the life of the
beneficiary the member nominates by written designation duly
acknowledged and filed with the board at the time of election,
should the beneficiary survive the member; or
Option 3. A reduced service retirement allowance payable during
the member's life, with the provision that it continue after
death at one-half the rate paid to the member and be paid for the
life of the beneficiary the member nominates by written
designation duly acknowledged and filed with the board at the
time of election, should the beneficiary survive the member; or
Option 3A. A reduced service retirement allowance payable
during the member's life which, unless modified under subsection
(6) of this section, continues after death at one-half the rate
paid to the member and is paid for the life of the beneficiary
the member nominates by written designation duly acknowledged and
filed with the board at the time of election, should the
beneficiary survive the member; or
Option 4. A reduced service retirement allowance payable during
the member's life, with the provisions that if the member dies
before a total of 180 monthly payments is made, the remainder of
the 180 monthly payments shall be paid monthly to the beneficiary
the member nominates by written designation duly acknowledged and
filed with the board at any time before the member's death; and
that if the member designates no beneficiary to receive the
monthly payments or no such beneficiary is able to receive the
monthly payments, an amount equal to the actuarial value, on the
date of the member's death, of the total of the monthly payments
not made to the member shall be paid according to ORS 238.390 for
disposal of an amount credited to the member account of a member
at the time of death; and that if the beneficiary receiving
monthly payments dies before the total number of monthly payments
to which the beneficiary is entitled is made, an amount equal to
the actuarial value, on the date of the beneficiary's death, of
the total of the monthly payments not made to the member and
beneficiary shall be paid according to ORS 238.390 for disposal
of an amount credited to the member account of a member at the
time of death and as if the beneficiary had been a member.
(2) Not later than 60 days after the first benefit payment is
made to a retired member of the system, the member may elect, in
lieu of the allowance described by ORS 238.300 as payable after
retirement, a service retirement benefit consisting of:
(a) A refund of accumulated contributions by the member and
interest thereon credited at the time of refund; and
(b) A life pension (nonrefund) provided by the contributions of
employers as provided in ORS 237.147 (2) (1979 Replacement Part),
and an additional life pension (nonrefund) for prior service
credit as provided in ORS 238.300 (3). At the same time as making
the election under this subsection, the member may elect to
convert the pensions described by this paragraph into a service
retirement annuity of equivalent actuarial value of one of the
optional forms named as Option 2, 2A, 3 or 3A under subsection
(1) of this section.
(3) Not later than 60 days after the first benefit payment is
made to a retired member of the system, the member may elect in
lieu of the allowance described by ORS 238.300 a refund service
retirement benefit consisting of:
(a) A refund of accumulated contributions by the member and
interest thereon credited at the time of retirement;
(b) An amount that matches the amount of accumulated
contributions by the member and interest thereon, provided by the
contributions of employers; and
(c) Interest on the amounts described in paragraphs (a) and (b)
of this subsection from the effective date of retirement until
the amounts are paid.
(4)(a) If the member elects to receive the service retirement
benefit described in subsection (2) or (3) of this section, the
member shall elect at the same time to receive the refund
described in subsection (2)(a) or (3) of this section in one lump
sum payment or in more than one but not more than five
installment payments. If the member elects installment payments:
(A) The amount to be paid by employer contributions under
subsection (3)(b) of this section shall be transferred to the
individual account of the member in the Public Employees
Retirement Fund as of the effective date of retirement.
(B) The installment payments shall be paid once each year for
the number of consecutive years equal to the number of
installment payments elected.
(C) The amount of each installment payment shall be designated
by the member at the time of making the election, but the last
installment payment shall be the unrefunded balance remaining in
the member account of the member in the fund.
(D) The member account of the member in the fund shall be
maintained until the last installment payment is paid. The board
shall establish procedures for computing and crediting interest
annually on the unrefunded balance of the member account.
(E) A yearly installment payment shall be paid on the
anniversary of the date of the first installment payment.
(F) The member is considered to have elected to transfer any
balance in the variable account of the member to the regular
account of the member.
(G) If the member dies before payment of all installment
payments, the unrefunded balance in the member account of the
member plus interest to date of disbursement is payable as
provided in ORS 238.390 (4).
(b) If a member elects to receive the refund service retirement
benefit described in subsection (3) of this section, and does not
elect to receive those amounts in installments under the
provisions of this subsection, all rights of the member in the
system shall terminate upon the payment of the amounts provided
for in subsection (3) of this section, except as provided in
paragraph (c) of this subsection. If a member elects to receive
the refund service retirement benefit described in subsection (3)
of this section, and also elects to receive those amounts in
installments under the provisions of this subsection, all rights
of the member in the system shall terminate upon the making of
the first payment, except as provided in paragraph (c) of this
subsection.
(c) A member who elects to receive the refund service
retirement benefit described in subsection (3) of this section,
and any eligible spouse { + , reciprocal beneficiary, as defined
in section 1 of this 2007 Act, + } or dependent of the member,
shall continue to be eligible for insurance under ORS 238.410,
and for any premium payments the member may be entitled to under
ORS 238.415 and 238.420.
(5) The designation of a beneficiary, the election of an option
or any other election or designation under subsection (1), (2),
(3) or (4) of this section may be changed by the member within 60
days after the date of the first benefit payment, except that the
designation of a beneficiary under Option 4 may be changed by the
member at any time before the member's death.
(6) If a retired member has elected to receive a service
retirement allowance under Option 2A or Option 3A as provided in
subsection (1) of this section, and if the beneficiary under that
option dies after the expiration of the time within which the
member could change the election of an option or if the
beneficiary is the spouse { + or reciprocal beneficiary + } of
the member and the marriage relationship { + or reciprocal
beneficiary agreement + } is terminated as provided by law after
the expiration of the time within which the member could change
the election of an option, the member may elect to receive, in
lieu of the optional form of allowance previously elected, the
allowance that the member would have received on the effective
date of retirement under Option 1 as provided in subsection (1)
of this section and adjusted by the actual amount of any
cost-of-living or other post-retirement adjustments made to the
original allowance since the effective date of retirement. Notice
of election under this subsection must be in a form approved by
the board. If an election is made under this subsection, the
Option 1 payment amount is applicable to the first full month
after the death of the beneficiary, or the first full month after
entry of the judgment of divorce { + or termination of the
reciprocal beneficiary agreement + }, and payable the first day
of the month thereafter. If the increased amount is not paid in
any month in which the increased amount is due, the board shall
make a lump sum payment to the retired member that is equal to
the difference between the amount paid to the member for that
month and the amount that should have been paid under the
provisions of this subsection.
(7) Notwithstanding any other provision of this section, any
member of the system who retired before October 3, 1989, and
elected to receive a service retirement allowance under either
Option 2 or 3 as provided in subsection (1) of this section shall
be entitled to receive a service retirement allowance equal to
that which the member would have received on the effective date
of retirement under Option 1 as provided in subsection (1) of
this section and adjusted by the actual amount of any
cost-of-living or other post-retirement adjustments made to the
original allowance since the effective date of retirement if:
(a) The member has attained 80 years of age;
(b) The person designated by the member as the member's
beneficiary has predeceased the member; and
(c) The member gives written notice to the board of the death
of the member's beneficiary.
(8) Notwithstanding any other provision of this section, any
member of the system who retired before October 3, 1989, who
elected to receive a refund of accumulated employee contributions
and a life pension or pensions under subsection (2) of this
section, and who elected to convert the life pension or pensions
provided for in subsection (2) of this section into a service
retirement annuity under Option 2 or 3 under subsection (1) of
this section, shall be entitled to receive a life pension or
pensions equal to that which the member would have received on
the effective date of retirement under subsection (2) of this
section and adjusted by the actual amount of any cost-of-living
or other post-retirement adjustments made to the original life
pension or pensions since the effective date of retirement if:
(a) The member has attained 80 years of age;
(b) The person designated by the member as the member's
beneficiary has predeceased the member; and
(c) The member gives written notice to the board of the death
of the member's beneficiary.
(9) The service retirement allowance provided in subsection (7)
or (8) of this section shall be applicable to the first full
month after the death of the member's beneficiary, or the first
full month after the member attains 80 years of age, whichever is
later.
(10) The board may deny an election to convert a service
retirement allowance under this section, a change of beneficiary
under this section or a change in benefit options under this
section if that denial is required to maintain the status of the
system and the Public Employees Retirement Fund as a qualified
governmental retirement plan and trust under the Internal Revenue
Code and under regulations adopted pursuant to the Internal
Revenue Code.
SECTION 120. ORS 238.325 is amended to read:
238.325. (1) At any time after establishing membership, but
before the expiration of 90 days after the Public Employees
Retirement Board makes its finding that the employee is disabled,
an employee who is a member of the Public Employees Retirement
System may elect to convert the disability retirement allowance
otherwise payable on the member account of the member into a
disability retirement annuity of equivalent actuarial value, by
selecting one of the optional forms named below. The election of
Option 2, 2A, 3 or 3A shall be effective immediately upon the
effective date of the member's disability, and in the event of
death within the first 90-day period of incapacity, payment to
the beneficiary of the member shall be made in accordance with
the option selected.
Option 1. (a) A life annuity (nonrefund) payable during the
member's life only, which shall be the actuarial equivalent of
the accumulated contributions and interest thereon credited to
the member at the time the member retires (if death occurs before
the first payment is due, the member account of the member shall
be treated as though death had occurred before retirement); (b) a
life pension (nonrefund) provided by the contributions of
employers as provided in ORS 238.320 (1)(b); (c) an additional
nonrefund pension for prior service credit, including military
service, credited to the member at the time the member first
becomes a member of the system, as elsewhere provided in this
chapter, which pension shall be provided by the contributions of
the employer; or
Option 2. A reduced disability retirement allowance payable
during the period of incapacity, with the provision that after
death, if death shall occur after the effective date of the
disability and during the period of incapacity, it shall continue
for the life of the beneficiary whom the member has designated in
writing duly acknowledged and filed with the board at the time of
election, should the beneficiary survive the member; or
Option 2A. A reduced disability retirement allowance payable
during the period of incapacity which, unless modified under
subsection (3) of this section, continues after death, if death
shall occur after the effective date of the disability and during
the period of incapacity, for the life of the beneficiary whom
the member nominates by written designation duly acknowledged and
filed with the board at the time of election, should the
beneficiary survive the member; or
Option 3. A reduced disability retirement allowance payable
during the period of incapacity, with the provision that after
death, if death shall occur after the effective date of the
disability and during the period of incapacity, such allowance
shall continue at one-half the rate paid to the member and be
paid for the life of the beneficiary whom the member has
designated in writing duly acknowledged and filed with the board
at the time of election, should the beneficiary survive the
member; or
Option 3A. A reduced disability retirement allowance payable
during the period of incapacity which, unless modified under
subsection (3) of this section, continues after death, if death
shall occur after the effective date of the disability and during
the period of incapacity, at one-half the rate paid to the member
and is paid for the life of the beneficiary whom the member
nominates by written designation duly acknowledged and filed with
the board at the time of election, should the beneficiary survive
the member; or
Option 4. A reduced disability retirement allowance payable
during the period of incapacity, with the provisions that if the
member dies during the period of incapacity and before a total of
180 monthly payments is made, the remainder of the 180 monthly
payments shall be paid monthly to the beneficiary the member
nominates by written designation duly acknowledged and filed with
the board at any time before the member's death; and that if the
member designates no beneficiary to receive the monthly payments
or no such beneficiary is able to receive the monthly payments,
an amount equal to the actuarial value, on the date of the
member's death, of the total of the monthly payments not made to
the member shall be paid according to ORS 238.390 for disposal of
an amount credited to the member account of a member at the time
of death; and that if the beneficiary receiving monthly payments
dies before the total number of monthly payments to which the
beneficiary is entitled is made, an amount equal to the actuarial
value, on the date of the beneficiary's death, of the total of
the monthly payments not made to the member and beneficiary shall
be paid according to ORS 238.390 for disposal of an amount
credited to the member account of a member at the time of death
and as if the beneficiary had been a member.
(2) The beneficiary designated by a member to receive any
benefit under this section shall be the same as designated under
ORS 238.390 (1). The designation of a beneficiary or the election
of an option may be changed by a member within 60 days after the
date of the first benefit payment, except that the designation of
a beneficiary under Option 4 may be changed by the member at any
time before the member's death.
(3) If a retired member has elected to receive a disability
retirement allowance under Option 2A or Option 3A as provided in
subsection (1) of this section, and if the beneficiary under that
option dies after the expiration of the time within which the
member could change the election of an option or if the
beneficiary is the spouse { + or reciprocal beneficiary, as
defined in section 1 of this 2007 Act, + } of the member and the
marriage relationship { + or reciprocal beneficiary
agreement + } is terminated as provided by law after the
expiration of the time within which the member could change the
election of an option, the member may elect to receive, in lieu
of the optional form of allowance previously elected, the
allowance that the member would have received on the effective
date of retirement under Option 1 as provided in subsection (1)
of this section and adjusted by the actual amount of any
cost-of-living or other post-retirement adjustments made to the
original allowance since the effective date of retirement. Notice
of election under this subsection must be in a form approved by
the board. If an election is made under this subsection, the
Option 1 payment amount is applicable to the first full month
after the death of the beneficiary, or the first full month after
entry of the judgment of divorce { + or the termination of the
reciprocal beneficiary agreement + }, and payable the first day
of the month thereafter. If the increased amount is not paid in
any month in which the increased amount is due, the board shall
make a lump sum payment to the retired member that is equal to
the difference between the amount paid to the member for that
month and the amount that should have been paid under the
provisions of this subsection.
(4) The cost to the system of a disability retirement allowance
in any optional form may not exceed the cost to the system of a
nonrefund disability retirement allowance payable to, and on
account of, the member making such election.
(5) The obligation for payment of any benefit in force prior to
April 8, 1953, may not be altered by subsections (1) to (4) of
this section. However, the beneficiary of a retired member who
prior to July 1, 1953, elected an option but died prior to the
effective date of such election, shall have a right to repay,
before December 31, 1953, the amount of the lump sum refund made
in lieu of the monthly life benefit elected and receive payment
of such benefit, computed as of the date of the member's death
and payable from such date.
(6) If a member who would have qualified for disability
benefits makes preliminary application for such benefits but dies
prior to being found by the board to be disabled or prior to
electing a plan of benefit payments, and the records of the board
indicate that the member had designated the surviving spouse { +
or surviving reciprocal beneficiary + } as beneficiary under ORS
238.390 (1), { - such - } { + the + } surviving spouse { +
or surviving reciprocal beneficiary + } may, not more than 90
days after the board makes its finding that the member would have
qualified for disability benefits if living:
(a) Elect to receive the amount referred to in ORS 238.395 if
such benefit would have been available if the member had not
applied for disability benefits;
(b) If not eligible for benefits under ORS 238.395, elect to
receive benefits under ORS 238.390 (1); or
(c) Elect Option 2 or 3 under subsection (1) of this section
and designate the surviving spouse { + or surviving reciprocal
beneficiary + } as beneficiary thereunder with the same force and
effect as if the election and designation had been properly made
by the deceased member.
(7) The board may deny an election to convert a disability
retirement allowance under this section, a change of beneficiary
under this section or a change in benefit options under this
section if that denial is required to maintain the status of the
system and the Public Employees Retirement Fund as a qualified
governmental retirement plan and trust under the Internal Revenue
Code and under regulations adopted pursuant to the Internal
Revenue Code.
SECTION 121. ORS 238.400 is amended to read:
238.400. If a person who is a member of the system, who has
attained normal retirement age and who has retired from service,
dies without making an election under ORS 238.305 and prior to
the expiration of the time within which such an election could be
made by the person, and the records of the Public Employees
Retirement Board indicate that the person has designated the
surviving spouse { + or surviving reciprocal beneficiary, as
defined in section 1 of this 2007 Act, + } as the beneficiary
under ORS 238.390 (1), { - such - } { + the + } surviving
spouse { + or surviving reciprocal beneficiary + } may, not more
than 60 days after the date of the death of such deceased member,
elect to receive the amount referred to in ORS 238.390 (1), or
elect Option 2 or Option 3 under ORS 238.305 and designate self
as the beneficiary thereunder with the same force and effect as
if the election and designation had been properly made by the
deceased member.
SECTION 122. ORS 238.405 is amended to read:
238.405. (1) The surviving spouse { + , surviving reciprocal
beneficiary as defined in section 1 of this 2007 Act + } or
{ + surviving + } child of a police officer or firefighter, who
died a member of the Public Employees Retirement System while
retired either for service or disability and while receiving or
being entitled to receive a benefit under ORS 238.345 or under
this chapter, is entitled to a benefit under this section. The
benefit shall be equal to 25 percent of the unmodified retirement
allowance the police officer or firefighter was receiving or was
entitled to receive at the time of death under ORS 238.345 or
under this chapter. The benefit authorized by this section is in
addition to any other benefit the surviving spouse { + ,
surviving reciprocal beneficiary + } or { + surviving + } child
is entitled to and is available to the child until the child
attains 18 years of age.
(2) For the purpose of this section, the unmodified retirement
allowance is that allowance described in ORS 238.300, or if
election to receive the benefits authorized under ORS 238.345 has
been made, the unmodified retirement allowance is 50 percent of
the final average salary of the police officer or firefighter as
determined on the date of the injury causing disability.
(3) The board shall pay to a surviving spouse { + , surviving
reciprocal beneficiary + } or { + surviving + } child entitled
to a benefit under this section a lump sum amount equal to the
actuarial value of the allowance provided under this section if
the allowance is less than $30 per month. The lump sum amount
shall be in lieu of the allowance provided for under this
section.
SECTION 123. ORS 238.410 is amended to read:
238.410. (1) As used in this section:
(a) 'Carrier' means an insurance company or health care service
contractor holding a valid certificate of authority from the
Director of the Department of Consumer and Business Services, an
insurance company or health care service contractor licensed or
certified in another state that is operating under the laws of
that state, or two or more of those companies or contractors
acting together pursuant to a joint venture, partnership or other
joint means of operation.
(b) 'Eligible person' means:
(A) A member of the Public Employees Retirement System who is
retired for service or disability and is receiving a retirement
allowance or benefit under the system, and a spouse { + ,
reciprocal beneficiary as defined in section 1 of this 2007
Act + } or dependent of that member;
(B) A person who is a surviving spouse { + , reciprocal
beneficiary + } or dependent of a deceased retired member of the
system or the surviving spouse { + , reciprocal beneficiary + }
or dependent of a member of the system who had not retired but
who had reached earliest retirement age at the time of death;
(C) A person who is receiving retirement pay or a pension
calculated under ORS 1.314 to 1.380 (1989 Edition), and a
spouse { + , reciprocal beneficiary + } or dependent of that
person; or
(D) A surviving spouse { + , reciprocal beneficiary + } or
dependent of a deceased retired member of the system or of a
person who was receiving retirement pay or a pension calculated
under ORS 1.314 to 1.380 (1989 Edition) if the surviving
spouse { + , reciprocal beneficiary + } or dependent was covered
at the time of the decedent's death by a health care insurance
plan contracted for under this section.
(c) 'Health care' means medical, surgical, hospital or any
other remedial care recognized by state law and related services
and supplies and includes comparable benefits for persons who
rely on spiritual means of healing.
(2) The Public Employees Retirement Board shall conduct a
continuing study and investigation of all matters connected with
the providing of health care insurance protection to eligible
persons. The board shall design benefits, devise specifications,
invite proposals, analyze carrier responses to advertisements for
proposals and do acts necessary to award contracts to provide
health care insurance, including insurance that provides coverage
supplemental to federal Medicare coverage, with emphasis on
features based on health care cost containment principles, for
eligible persons. The board is not subject to the provisions of
ORS chapters 279A and 279B, except ORS 279B.235, in awarding
contracts under the provisions of this section. The board shall
establish procedures for inviting proposals and awarding
contracts under this section.
(3) The board shall enter into a contract with a carrier to
provide health care insurance for eligible persons for a one or
two-year period. The board may enter into more than one contract
with one or more carriers, contracting jointly or severally, if
in the opinion of the board it is necessary to do so to obtain
maximum coverage at minimum cost and consistent with the health
care insurance needs of eligible persons. The board periodically
shall review a current contract or contracts and make suitable
study and investigation for the purpose of determining whether a
different contract or contracts can and should, in the best
interest of eligible persons, be entered into. If it would be
advantageous to eligible persons to do so, the board shall enter
into a different contract or contracts. Contracts shall be signed
by the chairperson on behalf of the board.
(4) Except as provided in ORS 238.415 and 238.420, the board
may deduct monthly from the retirement allowance or benefit,
retirement pay or pension payable to an eligible person who
elects to participate in a health care insurance plan the monthly
cost of the coverage for the person under a health care insurance
contract entered into under this section and the administrative
costs incurred by the board under this section, and shall pay
those amounts into the Standard Retiree Health Insurance Account
established under subsection (7) of this section. The board by
rule may establish other procedures for collecting the monthly
cost of the coverage and the administrative costs incurred by the
board under this section if the board does not deduct those costs
from the retirement allowance or benefit, retirement pay or
pension payable to an eligible person.
(5) Subject to applicable provisions of ORS chapter 183, the
board may make rules not inconsistent with this section to
determine the terms and conditions of eligible person
participation and coverage and otherwise to implement and carry
out the purposes and provisions of this section and ORS 238.420.
(6) The board may retain consultants, brokers or other advisory
personnel, organizations specializing in health care cost
containment or other administrative services when it determines
the necessity and, subject to the State Personnel Relations Law,
shall employ such personnel as are required to assist in
performing the functions of the board under this section.
(7) Pursuant to section 401(h) of the Internal Revenue Code,
the Standard Retiree Health Insurance Account is established
within the Public Employees Retirement Fund, separate and
distinct from the General Fund. All payments made by eligible
persons for health insurance coverage provided under this section
shall be held in the account. Interest earned by the account
shall be credited to the account. All moneys in the account are
continuously appropriated to the Public Employees Retirement
Board and may be used by the board only to pay the cost of health
insurance coverage under this section and to pay the
administrative costs incurred by the board under this section.
(8) The sum of all amounts paid by eligible persons into the
Standard Retiree Health Insurance Account, by participating
public employers into the Retiree Health Insurance Premium
Account under ORS 238.415, and by participating public employers
into the Retirement Health Insurance Account under ORS 238.420,
may not exceed 25 percent of the aggregate contributions made by
participating public employers to the Public Employees Retirement
Fund on or after July 11, 1987, not including contributions made
by participating public employers to fund prior service credits.
(9) Until all liabilities for health benefits under the system
are satisfied, contributions and earnings in the Standard Retiree
Health Insurance Account, the Retiree Health Insurance Premium
Account under ORS 238.415 and the Retirement Health Insurance
Account under ORS 238.420 may not be diverted or otherwise put to
any use other than providing health benefits and payment of
reasonable costs incurred in administering this section and ORS
238.415 and 238.420. Upon satisfaction of all liabilities for
providing health benefits under this section, any amount
remaining in the Standard Retiree Health Insurance Account shall
be returned to the participating public employers who have made
contributions to the account. The distribution shall be made in
such equitable manner as the board determines appropriate.
SECTION 124. ORS 238.415 is amended to read:
238.415. (1) As used in this section:
(a) 'Board' means the Public Employees Retirement Board.
(b) 'Eligible retired state employee' means:
(A) A retired member of the Public Employees Retirement System
who was a state employee at the time of retirement, is retired
for service or disability, is receiving a retirement allowance or
benefit under the system, had eight years or more of qualifying
service in the system at the time of retirement or is receiving a
disability retirement allowance including a pension computed as
if the member had eight years or more of creditable service in
the system at the time of retirement, and has attained earliest
service retirement age but is not eligible for federal Medicare
coverage; or
(B) A person who is a surviving spouse { + , reciprocal
beneficiary as defined in section 1 of this 2007 Act + } or
dependent of a deceased eligible retired state employee as
provided in subparagraph (A) of this paragraph at the time of
death, who:
(i) Is receiving a retirement allowance or benefit under the
system; or
(ii) Was covered at the time of the eligible retired state
employee's death by the retired employee's health insurance
contracted for under ORS 238.410, and the employee retired on or
after September 29, 1991.
(c) 'Qualifying service' means creditable service in the system
and any periods of employment with an employer participating in
the system required of the employee before becoming a member of
the system.
(d) 'System' means the Public Employees Retirement System.
(2) Of the monthly cost of coverage for an eligible retired
state employee under a health care insurance contract entered
into under ORS 238.410, an amount as determined under subsection
(3) of this section shall be paid from the Retiree Health
Insurance Premium Account established by subsection (4) of this
section, and any monthly cost in excess of the amount so
determined shall be paid by the eligible retired state employee
in the manner provided in ORS 238.410 (4). Any amount paid under
this subsection shall be exempt from all state, county and
municipal taxes imposed on the eligible retired member.
(3) On or before January 1 of each year, the Public Employees
Retirement Board shall calculate the average difference between
the health insurance premiums paid by retired state employees
under contracts entered into by the board under ORS 238.410 and
the health insurance premiums paid by state employees who are not
retired under contracts entered into by the Public Employees'
Benefit Board. For the purposes of subsection (2) of this
section, an eligible retired state employee shall be entitled to
receive toward the monthly cost of coverage under a health
insurance contract entered into under ORS 238.410:
(a) For an eligible retired state employee with eight years or
more of qualifying service in the system, but less than 10 years
of qualifying service in the system, 50 percent of the amount
calculated by the board under this subsection.
(b) For an eligible retired state employee with 10 years or
more of qualifying service in the system, but less than 15 years
of qualifying service in the system, 60 percent of the amount
calculated by the board under this subsection.
(c) For an eligible retired state employee with 15 years or
more of qualifying service in the system, but less than 20 years
of qualifying service in the system, 70 percen