75th OREGON LEGISLATIVE ASSEMBLY--2009 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 592
House Bill 2313
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon State Bar Real Estate Land Use Section)
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.
Deletes references to trusts, estates, trustees, personal
representatives and executors from certain statutory definitions
of 'person' and 'entity. '
A BILL FOR AN ACT
Relating to definitions of legal entities; amending ORS 24.260,
36.250, 36.600, 59.015, 60.001, 62.015, 63.001, 65.001, 67.005,
70.005, 84.004, 86.205, 87.700, 95.200, 98.302, 105.624,
109.704, 128.316, 129.205, 130.010, 205.010, 268.020, 348.105,
441.600, 442.015, 448.405, 453.396, 459.005, 459A.305,
459A.555, 461.010, 465.101, 465.200, 466.005, 466.605, 466.706,
468.076, 474.005, 475.005, 520.005, 645.005, 646.461, 646.605,
646.639, 646A.602, 648.005, 659A.001, 682.025, 697.005,
702.005, 717.200, 722.458, 756.010, 758.400 and 836.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 24.260 is amended to read:
24.260. For the purposes of ORS 24.260 to 24.335:
(1) 'Action' means a judicial proceeding or arbitration in
which a payment in money may be awarded or enforced with respect
to a foreign-money claim.
(2) 'Bank-offered spot rate' means the spot rate of exchange at
which a bank will sell foreign money at a spot rate.
(3) 'Conversion date' means the banking day next preceding the
date on which money, in accordance with ORS 24.260 to 24.335, is:
(a) Paid to a claimant in an action or distribution proceeding;
(b) Paid to the official designated by law to enforce a
judgment or award on behalf of a claimant; or
(c) Used to recoup, setoff or counterclaim in different moneys
in an action or distribution proceeding.
(4) 'Distribution proceeding' means a judicial or nonjudicial
proceeding for the distribution of a fund in which one or more
foreign-money claims is asserted and includes an accounting, an
assignment for the benefit of creditors, a foreclosure, the
liquidation or rehabilitation of a corporation or other entity,
and the distribution of an estate, trust or other fund.
(5) 'Foreign money' means money other than money of the United
States of America.
(6) 'Foreign-money claim' means a claim upon an obligation to
pay, or a claim for recovery of a loss, expressed in or measured
by a foreign money.
(7) 'Money' means a medium of exchange for the payment of
obligations or a store of value authorized or adopted by a
government or by intergovernmental agreement.
(8) 'Money of the claim' means the money determined as proper
pursuant to ORS 24.275.
(9) 'Person' means an individual, a corporation, government or
governmental subdivision or agency, business trust, { - estate,
trust, - } joint venture, partnership, association, two or more
persons having a joint or common interest or any other legal or
commercial entity.
(10) 'Rate of exchange' means the rate at which money of one
country may be converted into money of another country in a free
financial market convenient to or reasonably usable by a person
obligated to pay or to state a rate of conversion. If separate
rates of exchange apply to different kinds of transactions, the
term means the rate applicable to the particular transaction
giving rise to the foreign-money claim.
(11) 'Spot rate' means the rate of exchange at which foreign
money is sold by a bank or other dealer in foreign exchange for
immediate or next day availability or for settlement by immediate
payment in cash or equivalent, by charge to an account, or by an
agreed delayed settlement not exceeding two days.
(12) 'State' means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or a territory or
insular possession subject to the jurisdiction of the United
States.
SECTION 2. ORS 36.250 is amended to read:
36.250. As used in ORS 36.250 to 36.270:
(1) 'Agricultural producer' means a person who owns or is
purchasing agricultural property for use in agriculture whose
gross sales in agriculture averaged $20,000 or more for the
preceding three years.
(2) 'Agricultural property' means real property that is
principally used for agriculture.
(3) 'Agriculture' means the production of livestock, poultry,
field crops, fruit, dairy, fur-bearing animals, Christmas trees,
vermiculture products, food fish or other animal and vegetable
matter.
(4) 'Coordinator' means the Director of Agriculture or a
designee of the Director of Agriculture.
(5) 'Creditor' means the holder of a mortgage or trust deed on
agricultural property, a vendor of a real estate contract for
agricultural property, a person with a perfected security
interest in agricultural property or a judgment creditor with a
judgment against an agricultural producer.
(6) 'Financial analyst' means a person knowledgeable in
agriculture and financial matters that can provide financial
analysis to aid the agricultural producer in preparing the
financial information required under ORS 36.256. Financial
analyst may include county extension agents or other persons
approved by the coordinator.
(7) 'Mediation' means the process by which a mediator assists
and facilitates an agricultural producer and a creditor in a
controversy relating to the mortgage, trust deed, real estate
contract, security interest or judgment that the creditor has in
the agricultural property of the agricultural producer in
reaching a mutually acceptable resolution of the controversy and
includes all contacts between the mediator and the agricultural
producer or the creditor, until such time as a resolution is
agreed to by the agricultural producer and the creditor or until
the agricultural producer or the creditor discharges the
mediator.
(8) 'Mediation service' means a person selected by the
coordinator to provide mediation under ORS 36.250 to 36.270.
(9) 'Mediator' means an impartial third party who performs
mediations.
(10) 'Person' means the state or a public or private
corporation, local government unit, public agency, individual,
partnership, association, firm { - , trust, estate - } or any
other legal entity.
SECTION 3. ORS 36.600 is amended to read:
36.600. As used in ORS 36.600 to 36.740:
(1) 'Arbitration organization' means an association, agency,
board, commission or other entity that is neutral and initiates,
sponsors or administers an arbitration proceeding or is involved
in the appointment of an arbitrator.
(2) 'Arbitrator' means an individual appointed to render an
award, alone or with others, in a controversy that is subject to
an agreement to arbitrate.
(3) 'Court' means a circuit court.
(4) 'Knowledge' means actual knowledge.
(5) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, government, governmental subdivision,
agency or instrumentality, public corporation or any other legal
or commercial entity.
(6) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
SECTION 4. ORS 59.015 is amended to read:
59.015. As used in the Oregon Securities Law, unless the
context otherwise requires:
(1) 'Broker-dealer' means a person who engages, all or part of
the time, in effecting transactions in securities for the account
of others or for the person's own account. ' Broker-dealer' does
not include:
(a) An issuer effecting sales in its own securities;
(b) The following institutions:
(A) A financial institution or trust company, as defined in ORS
706.008; or
(B) A financial holding company or a bank holding company, as
defined in ORS 706.008, holding an institution described in
subparagraph (A) of this paragraph; a savings and loan holding
company as defined in section 408 of the National Housing Act, 12
U.S.C. section 1730a, holding an association described in
subparagraph (A) of this paragraph; the subsidiaries and
affiliates of the financial holding company, bank holding company
or savings and loan holding company; or subsidiaries and
affiliates of institutions described in subparagraph (A) of this
paragraph, if the appropriate statutory regulatory authority is
exercising control over, or is regulating or supervising the
person in the sale of securities in accord with the purposes of
the Oregon Securities Law;
(c) A person who has no place of business in this state
effecting transactions in this state exclusively with
broker-dealers;
(d) A person effecting sales exempted by ORS 59.035;
(e) A salesperson;
(f) A person effecting sales of securities owned by the person
registered for sale pursuant to ORS 59.065;
(g) A person effecting sales of securities exempted by ORS
59.025 (7);
(h) A person licensed as a mortgage banker or a mortgage broker
under ORS 59.840 to 59.980 when effecting sales of securities
involving real estate paper registered for sale pursuant to ORS
59.065; or
(i) A person designated by rule or order by the director.
(2) 'Control' 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
securities, by contract, or otherwise.
(3) 'Director' means the Director of the Department of Consumer
and Business Services.
(4) 'Federal covered investment adviser' means a person who is
registered as an investment adviser pursuant to section 203 of
the Investment Advisers Act of 1940, as amended.
(5) 'Federal covered security' means any security that is a
covered security under section 18 of the Securities Act of 1933,
as amended, and for which such Act provides that the director may
require filing of a notice and payment of a fee.
(6) 'Fraud,' 'deceit' and 'defraud' are not limited to
common-law deceit.
(7) 'Guaranteed' means guaranteed as to payment of principal,
interest or dividends.
(8)(a) 'Investment adviser representative' means any partner,
officer, director or person occupying a similar status or
performing a similar function, or other individual, except
clerical or ministerial personnel, who is employed by or
associated with:
(A) A state investment adviser that is licensed or required to
be licensed in this state and who does any of the following:
(i) Makes any recommendations or otherwise renders advice
regarding securities;
(ii) Manages accounts or portfolios of clients;
(iii) Determines which recommendation or advice regarding
securities should be given;
(iv) Solicits, offers or negotiates for the sale of or sells
investment advisory services; or
(v) Supervises employees acting under this subparagraph; or
(B) A federal covered investment adviser, subject to the
limitations of section 203A of the Investment Advisers Act of
1940, as amended, as the director may designate by rule or order.
(b) 'Investment adviser representative' does not include a
person designated by rule or order of the director.
(9) 'Issuer' means a person who issues, proposes to issue or
has issued a security and includes an issuer to be formed. With
respect to certificates of deposit, voting-trust certificates or
collateral-trust certificates, or with respect to certificates of
interest or shares in an unincorporated investment trust not
having a board of directors or persons performing similar
functions or of the fixed, restricted management or unit type,
the ' issuer' is the person or persons performing the acts and
assuming the duties of depositor or manager pursuant to the
provisions of the trust or other instrument or agreement under
which the security is issued.
(10) 'License' means a license as provided under the Oregon
Securities Law.
(11) 'Mortgage banker' means a mortgage banker as defined in
ORS 59.840.
(12) 'Mortgage broker' means a mortgage broker as defined in
ORS 59.840.
(13) 'Offer' or 'offer to sell' includes every attempt or offer
to dispose of, or solicitation of an offer to buy, a security or
interest in a security for value. Every sale or offer of a
warrant or right to purchase or subscribe to another security of
the same or another issuer, as well as every sale or offer of a
security which gives the holder a present or future right or
privilege to convert into another security of the same or another
issuer, is considered to include an offer of the other security.
(14) 'Person' includes an individual, a joint venture, a
partnership, a cooperative, a limited liability company, an
association, a joint stock company, a corporation, { - a
trust, - } an unincorporated organization or a government or
political subdivision of a government.
(15) 'Real estate paper' means any obligation secured or
purportedly secured by an interest in real property. Real estate
paper includes, but is not limited to, mortgage-backed
securities, collateralized mortgage obligations, and real estate
mortgage investment conduits.
(16) 'Registered' means registered as provided in the Oregon
Securities Law.
(17)(a) 'Sale' or 'sell' includes every contract of sale of,
contract to sell, or disposition of, a security or interest in a
security for value. Any security given or delivered with, or as a
bonus on account of, a purchase of securities or any other thing
shall constitute a part of the subject of the purchase and shall
have been offered and sold for value. A gift of assessable stock
by or for any issuer or promoter shall constitute a sale.
(b) For purposes of the authority of the director under ORS
59.245 and 59.255, the terms 'sale' and 'sell' include the terms
'offer' and 'offer to sell. '
(c) 'Sale' and 'sell' do not include:
(A) A bona fide pledge or loan of securities;
(B) A bona fide security dividend, whether the corporation
distributing the dividend is the issuer of the security or not,
if nothing of value is given by the recipients for the dividend
other than payments in connection with the elimination of
fractional shares; or
(C) An act incident to a judicially approved reorganization in
which a security is issued in exchange for one or more
outstanding securities, claims or property interests, or partly
in such exchange and partly for cash.
(18)(a) 'Salesperson' means a person, other than a
broker-dealer, who represents or purports to represent a
broker-dealer, issuer or owner of securities in effecting or
attempting to effect in any manner transactions in securities.
(b) 'Salesperson' does not include:
(A) A person who represents an issuer in effecting sales in a
security exempted by ORS 59.025;
(B) A person who represents an issuer in effecting sales
exempted by ORS 59.035;
(C) A person who represents an issuer in effecting sales with
existing partners or directors of the issuer, if no commission or
other remuneration is paid or given directly or indirectly for
soliciting any person in this state;
(D) An employee of an institution or organization described in
subsection (1)(b) of this section to the extent the employee is
not a dual employee of the institution and a broker-dealer;
(E) A person effecting transactions in this state limited to
those transactions described in section 15(h)(2) and (3) of the
Securities Exchange Act of 1934, as amended; or
(F) A person designated by rule or order by the director.
(c) A person who is a partner, director or officer of a
broker-dealer, issuer or owner of securities, or a person who
occupies a similar status or performing similar functions, is a '
salesperson' only if the person otherwise comes within this
definition.
(19)(a) 'Security' means a note, stock, treasury stock, bond,
debenture, evidence of indebtedness, certificate of interest or
participation in a pension plan or profit-sharing agreement,
collateral-trust certificate, preorganization certificate or
subscription, transferable share, investment contract,
voting-trust certificate, variable annuity, certificate of
deposit for a security, certificate of interest or participation
in an oil, gas, or mining title or lease or in payments out of
production under such title or lease, real estate paper sold by a
broker-dealer, mortgage banker, mortgage broker or a person
described in subsection (1)(b) of this section to persons other
than persons enumerated in ORS 59.035 (4), or, in general, any
interest or instrument commonly known as a 'security,' or any
certificate of interest or participation in, temporary or interim
certificates for, receipt for, guarantee of, or warrant or right
to subscribe to or purchase any of the foregoing.
(b) 'Security' does not include:
(A) An insurance or endowment policy or annuity contract, other
than a variable annuity contract, under which an insurance
company promises to pay a fixed or variable sum of money either
in a lump sum or periodically for life or some other specified
period;
(B) A beneficial interest in a voluntary inter vivos trust
unless the trust is created solely for the purpose of voting or
is part of an attempt to evade the provisions of ORS 59.005 to
59.451; or
(C) A beneficial interest in a testamentary trust.
(20)(a) 'State investment adviser' means a person who, for
compensation:
(A) Engages all or part of the time of the person, in this
state, in the business of advising others, either directly or by
mail or through publication or writing, as to the value of
securities or as to the advisability of investing in, purchasing
or selling securities;
(B) Engages all or part of the time of the person, in this
state, in the business of managing an investment or trading
account in securities for other persons; or
(C) Issues or promulgates, as part of a regular business in
this state, analyses or reports concerning securities.
(b) 'State investment adviser' does not include:
(A) An investment adviser representative;
(B) An institution or organization described in subsection
(1)(b) of this section;
(C) A licensed broker-dealer whose performance of investment
advisory services is solely incidental to the conduct of business
as a broker-dealer and who receives no special compensation for
such services;
(D) A salesperson licensed to a broker-dealer whose performance
of investment advisory services is solely incidental to that
person's activities as a salesperson and who receives no special
compensation for such services;
(E) A publisher of or contributor to a bona fide newspaper,
newsmagazine, investment manual or service, or business or
financial publication of general, regular and paid circulation;
(F) A person whose only clients are federal covered investment
advisers, state investment advisers, broker-dealers, mortgage
bankers, mortgage brokers, banks, savings institutions or trust
companies, insurance companies, investment companies as defined
in the Investment Company Act of 1940, as amended, pension or
profit-sharing trusts, or other financial institutions or
institutional buyers, whether acting for themselves or as
trustees;
(G) A duly licensed lawyer, engineer or accountant whose
performance of investment advisory services is solely incidental
to the practice of the profession;
(H) A person whose advice, analyses or reports relate only to
securities exempted by ORS 59.025 (1);
(I) A federal covered investment adviser in compliance with ORS
59.165 (7);
(J) A person, advising others, that has no place of business in
this state and during the preceding 12-month period has had fewer
than six clients, other than those persons included in
subparagraph (F) of this paragraph, who are residents of this
state; or
(K) Such other persons as the director may by rule or order
designate.
SECTION 5. ORS 60.001 is amended to read:
60.001. As used in this chapter:
(1) 'Anniversary' means that day each year exactly one or more
years after:
(a) The date of filing by the Secretary of State of the
articles of incorporation in the case of a domestic corporation.
(b) The date of filing by the Secretary of State of an
application for authority to transact business in the case of a
foreign corporation.
(2) 'Articles of incorporation' include amended and restated
articles of incorporation, articles of conversion and articles of
merger.
(3) 'Authorized shares' means the shares of all classes a
domestic or foreign corporation is authorized to issue.
(4) 'Conspicuous' means so written that a reasonable person
against whom the writing is to operate should have noticed it.
For example, printing in italics, boldface or contrasting color,
typing in capitals or underlined is conspicuous.
(5) 'Corporation' or 'domestic corporation' means a corporation
for profit, which is not a foreign corporation, incorporated
under or subject to the provisions of this chapter.
(6) 'Delivery' means any method of delivery used in
conventional commercial practice, including delivery by hand,
mail, commercial delivery and electronic transmission.
(7) 'Distribution' means a direct or indirect transfer of money
or other property, except of a corporation's own shares, or
incurrence of indebtedness by a corporation to or for the benefit
of its shareholders in respect of any of its shares. A
distribution may be in the form of a declaration or payment of a
dividend, a purchase, redemption or other acquisition of shares,
a distribution of indebtedness, or otherwise.
(8) 'Domestic limited liability company' means an entity that
is an unincorporated association having one or more members and
that is organized under ORS chapter 63.
(9) 'Domestic nonprofit corporation' means a corporation not
for profit incorporated under ORS chapter 65.
(10) 'Domestic professional corporation' means a corporation
organized under ORS chapter 58 for the purpose of rendering
professional services and for the purposes provided under ORS
chapter 58.
(11) 'Electronic signature' has the meaning given that term in
ORS 84.004.
(12) 'Electronic transmission' means any process of
communication that does not directly involve the physical
transfer of paper and that is suitable for the retention,
retrieval and reproduction of information by the recipient.
(13) 'Employee' includes an officer but not a director. A
director may accept duties that make the director also an
employee.
(14) 'Entity' includes a corporation, foreign corporation,
nonprofit corporation, profit and nonprofit unincorporated
association, business trust, { - estate, - } partnership,
{ - trust, - } two or more persons having a joint or common
economic interest, any state, the United States and any foreign
government.
(15) 'Foreign corporation' means a corporation for profit
incorporated under a law other than the law of this state.
(16) 'Foreign limited liability company' means an entity that
is an unincorporated association organized under the laws of a
state other than this state, under the laws of a federally
recognized Indian tribe or under the laws of a foreign country
and that is organized under a statute under which an association
may be formed that affords to each of its members limited
liability with respect to liabilities of the entity.
(17) 'Foreign nonprofit corporation' means a corporation not
for profit organized under the laws of a state other than this
state.
(18) 'Foreign professional corporation' means a professional
corporation organized under the laws of a state other than this
state.
(19) 'Governmental subdivision' includes an authority, county,
district and municipality.
(20) 'Includes' denotes a partial definition.
(21) 'Individual' means a natural person. 'Individual '
includes the estate of an incompetent individual or a deceased
individual.
(22) 'Means' denotes an exhaustive definition.
(23) 'Office,' when used to refer to the administrative unit
directed by the Secretary of State, means the office of the
Secretary of State.
(24) 'Person' includes individual and entity.
(25) 'Principal office' means the office, in or out of this
state, where the principal executive offices of a domestic or
foreign corporation are located and designated in the annual
report or application for authority to transact business in this
state.
(26) 'Proceeding' includes civil, criminal, administrative and
investigatory action.
(27) 'Record date' means the date established under this
chapter on which a corporation determines the identity of its
shareholders and their shareholdings for purposes of this
chapter. The determinations shall be made as of the close of
business on the record date unless another time for doing so is
specified when the record date is fixed.
(28) 'Shares' means the units into which the proprietary
interest in a corporation are divided.
(29) 'Shareholder' means the person in whose name shares are
registered in the records of a corporation or the beneficial
owner of shares to the extent of the rights granted by a nominee
certificate on file with a corporation.
(30) 'Signature' includes any manual, facsimile, conformed or
electronic signature.
(31) 'State,' when referring to a part of the United States,
includes a state, commonwealth, territory and insular possession
of the United States and its agencies and governmental
subdivisions.
(32) 'Subscriber' means a person who subscribes for shares in a
corporation, whether before or after incorporation.
(33) 'United States' includes a district, authority, bureau,
commission, department and any other agency of the United States.
(34) 'Voting group' means all shares of one or more classes or
series that under the articles of incorporation or this chapter
are entitled to vote and be counted together collectively on a
matter at a meeting of shareholders. All shares entitled by the
articles of incorporation or this chapter to vote generally on
the matter are for that purpose a single voting group.
SECTION 6. ORS 62.015 is amended to read:
62.015. As used in this chapter, unless the context requires
otherwise:
(1) 'Anniversary' means that day each year exactly one or more
years after:
(a) The date of filing by the Secretary of State of the
articles of incorporation in the case of a domestic cooperative.
(b) The date of filing by the Secretary of State of an
application for authority to transact business in the case of a
foreign cooperative.
(2) 'Articles' means articles of incorporation, articles of
conversion and articles of merger.
(3) 'Board' means board of directors.
(4) 'Cooperative' means a cooperative corporation which is
subject to the provisions of this chapter.
(5) 'Corporation' means a corporation which is not a
cooperative.
(6) 'Domestic limited liability company' means an entity that
is an unincorporated association having one or more members and
that is organized under ORS chapter 63.
(7) 'Domestic nonprofit corporation' means a corporation not
for profit incorporated under ORS chapter 65.
(8) 'Domestic professional corporation' means a corporation
organized under ORS chapter 58 for the purpose of rendering
professional services and for the purposes provided under ORS
chapter 58.
(9) 'Foreign cooperative' means a cooperative corporation
organized under laws other than the laws of this state.
(10) 'Foreign corporation' means a corporation for profit
incorporated under the laws of a state other than this state.
(11) 'Foreign limited liability company' means an entity that
is an unincorporated association organized under the laws of a
state other than this state, under the laws of a federally
recognized Indian tribe or under the laws of a foreign country
and that is organized under a statute under which an association
may be formed that affords to each of its members limited
liability with respect to liabilities of the entity.
(12) 'Foreign nonprofit corporation' means a corporation not
for profit organized under the laws of a state other than this
state.
(13) 'Foreign professional corporation' means a professional
corporation organized under the laws of a state other than this
state.
(14) 'Member' means a person who has been qualified and
accepted for membership in a cooperative.
(15) 'Membership stock' means any class of stock, continuous
ownership of which is required for membership in a cooperative.
(16) 'Negotiate' means to confer with another in order to come
to terms.
(17) 'Person' includes individuals, corporations, associations,
firms, partnerships, joint stock companies { - , trusts,
estates - } and foreign and domestic cooperative corporations.
(18) 'Shareholder' means a holder of shares of capital stock of
a cooperative other than membership stock.
SECTION 7. ORS 63.001 is amended to read:
63.001. As used in this chapter:
(1) 'Anniversary' means that day each year exactly one or more
years after:
(a) The date of filing by the Secretary of State of the
articles of organization in the case of a domestic limited
liability company.
(b) The date of filing by the Secretary of State of an
application for authority to transact business in the case of a
foreign limited liability company.
(2) 'Articles of organization' means the document described in
ORS 63.047 for the purpose of forming a limited liability
company, including articles of organization as they may be
amended or restated, articles of conversion and articles of
merger.
(3) 'Bankruptcy' means:
(a) Assignment by a member for the benefit of creditors;
(b) Commencement of a voluntary bankruptcy case by a member;
(c) Adjudication of a member as bankrupt or insolvent;
(d) Filing by a member of a petition or answer seeking for the
member any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under
any statute, law or rule;
(e) Filing by a member of an answer or other pleading admitting
or failing to contest the material allegations of a petition
filed against the member in any proceeding of this nature;
(f) Seeking, consenting to or acquiescing in the appointment of
a trustee, receiver or liquidator of the member or of all or any
substantial part of the member's properties;
(g) Commencement of an involuntary bankruptcy case against a
member that has not been dismissed on or before the 120th day
after the commencement of the case;
(h) Appointment, without the member's consent, of a trustee,
receiver or liquidator either of the member or of all or any
substantial part of the member's properties that is not vacated
or stayed on or before the 90th day after appointment; or
(i) Appointment described in paragraph (h) of this subsection
that is not vacated on or before the 90th day after expiration of
the stay under paragraph (h) of this subsection.
(4) 'Contribution' means anything of value which a person
contributes to the limited liability company as a prerequisite
for or in connection with membership including cash, property or
services rendered or a promissory note or other binding
obligation to contribute cash or property or to perform services.
(5) 'Corporation' or 'domestic corporation' means a corporation
for profit incorporated under ORS chapter 60.
(6) 'Distribution' means a direct or indirect transfer of money
or other property, except of a limited liability company's own
interests, or incurrence of indebtedness by a limited liability
company to or for the benefit of its members in respect of any of
its member's interests. A distribution may be in the form of a
declaration or payment of profits, a purchase, retirement or
other acquisition of interests, a distribution of indebtedness,
or otherwise.
(7) 'Domestic nonprofit corporation' means a corporation not
for profit incorporated under ORS chapter 65.
(8) 'Domestic professional corporation' means a corporation
organized under ORS chapter 58 for the purpose of rendering
professional services and for the purposes provided under ORS
chapter 58.
(9) 'Entity' includes a domestic or foreign limited liability
company, corporation, professional corporation, foreign
corporation, domestic or foreign nonprofit corporation, domestic
or foreign cooperative corporation, profit or nonprofit
unincorporated association, business trust, { - estate, - }
domestic or foreign general or limited partnership,
{ - trust, - } two or more persons having a joint or common
economic interest, any state, the United States or any foreign
government.
(10) 'Foreign corporation' means a corporation for profit
incorporated under a law other than the law of this state.
(11) 'Foreign limited liability company' means an entity that
is an unincorporated association organized under the laws of a
state other than this state, under the laws of a federally
recognized Indian tribe or under the laws of a foreign country
and that is organized under a statute under which an association
may be formed that affords to each of its members limited
liability with respect to the liabilities of the entity.
(12) 'Foreign limited partnership' means a limited partnership
formed under the laws of any jurisdiction other than this state
and having as partners one or more general partners and one or
more limited partners.
(13) 'Foreign nonprofit corporation' means a corporation not
for profit organized under the laws of a state other than this
state.
(14) 'Foreign professional corporation' means a professional
corporation organized under the laws of a state other than this
state.
(15) 'Incompetency' means the entry of a judgment by a court of
competent jurisdiction adjudicating the member incompetent to
manage the member's person or estate.
(16) 'Individual' means a natural person.
(17) 'Limited liability company' or 'domestic limited liability
company' means an entity that is an unincorporated association
having one or more members that is organized under this chapter.
(18) 'Limited partnership' or 'domestic limited partnership'
means a partnership formed by two or more persons under ORS
chapter 70 and having one or more general partners and one or
more limited partners.
(19) 'Manager' or 'managers' means a person or persons, who
need not be members, designated by the members of a
manager-managed limited liability company to manage the limited
liability company's business and affairs.
(20) 'Manager-managed limited liability company' means a
limited liability company that is designated as a manager-managed
limited liability company in its articles of organization or
whose articles of organization otherwise expressly provide that
the limited liability company will be managed by a manager or
managers.
(21) 'Member' or 'members' means a person or persons with both
an ownership interest in a limited liability company and all the
rights and obligations of a member specified under this chapter.
'Member' does not include an assignee of an ownership interest
who has not also acquired the voting and other rights appurtenant
to membership.
(22) 'Member-managed limited liability company' means a limited
liability company other than a manager-managed limited liability
company.
(23) 'Membership interest' or 'interest' means a member's
collective rights in a limited liability company, including the
member's share of profits and losses of the limited liability
company, the right to receive distributions of the limited
liability company's assets and any right to vote or participate
in management.
(24) 'Office,' when used to refer to the administrative unit
directed by the Secretary of State, means the office of the
Secretary of State.
(25) 'Operating agreement' means any valid agreement, written
or oral, of the member or members as to the affairs of a limited
liability company and the conduct of its business.
(26) 'Organizer' means one of the signers of the initial
articles of organization.
(27) 'Party' includes an individual who was, is or is
threatened to be made a named defendant or respondent in a
proceeding.
(28) 'Person' means an individual or entity.
(29) 'Proceeding' means any threatened, pending or completed
action, suit or proceeding whether civil, criminal,
administrative or investigatory and whether formal or informal.
(30) 'State,' when referring to a part of the United States,
includes a state, commonwealth, territory or insular possession
of the United States and its agencies and governmental
subdivisions.
(31) 'United States' includes a district, authority, bureau,
commission, department or any other agency of the United States.
SECTION 8. ORS 65.001 is amended to read:
65.001. As used in this chapter, unless otherwise specifically
provided:
(1) 'Anniversary' means that day each year exactly one or more
years after the date of filing by the Office of the Secretary of
State of the articles of incorporation in the case of a domestic
corporation or the date of filing by the Office of the Secretary
of State of an application for authority to transact business in
the case of a foreign corporation. An event which would otherwise
cause an anniversary to fall on February 29 shall be deemed to
have occurred on February 28.
(2) 'Approved by the members' or 'approval by the members'
means approved or ratified by the members entitled to vote on the
issue through either:
(a) The affirmative vote of a majority of the votes of such
members represented and voting at a duly held meeting at which a
quorum is present or the affirmative vote of such greater
proportion including the votes of any required proportion of the
members of any class as the articles, bylaws or this chapter may
provide for specified types of member action; or
(b) A written ballot or written consent in conformity with this
chapter.
(3) 'Articles of incorporation' or 'articles' include amended
and restated articles of incorporation and articles of merger,
and corrections thereto.
(4) 'Board' or 'board of directors' means the individual or
individuals vested with overall management of the affairs of the
domestic or foreign corporation, irrespective of the name by
which the individual or individuals are designated, except that
no individual or group of individuals are the board of directors
because of powers delegated to that individual or group pursuant
to ORS 65.301.
(5) 'Bylaws' means the code or codes of rules, other than the
articles adopted pursuant to this chapter or the laws governing a
foreign corporation for the regulation or management of the
affairs of the domestic or foreign corporation, irrespective of
the name or names by which such rules are designated.
(6) 'Class' means a group of memberships which have the same
rights with respect to voting, dissolution, redemption and
transfer. For the purpose of this section, rights shall be
considered the same if they are determined by a formula applied
uniformly.
(7) 'Contact address' means a mailing address at which a person
affiliated with the organization will receive and transmit to the
organization notices intended for the foreign or domestic
corporation when it is either not practical to send such notices
to the registered agent, or a duplicate notice is desirable. The
contact address may be the principal place of business, if any,
or the business or residence address of any person associated
with the corporation or foreign corporation who has consented to
serve, but shall not be the address of the registered agent.
(8) 'Corporation' or 'domestic corporation' means a nonprofit
corporation that is not a foreign corporation, and that is
incorporated under or subject to the provisions of this chapter.
(9) 'Delegates' means those persons elected or appointed to
vote in a representative assembly for the election of a director
or directors or on other matters.
(10) 'Deliver' includes mail.
(11) 'Directors' means individuals designated in the articles
or bylaws or elected by the incorporators to act as members of
the board, and their successors.
(12) 'Distribution' means the payment of a dividend or any part
of the income or profit of a corporation to its members,
directors or officers, and does not include payment of value for
property received or services performed or payment of benefits in
furtherance of the corporation's purposes.
(13) 'Domestic business corporation' means a for profit
corporation incorporated under ORS chapter 60.
(14) 'Domestic limited liability company' means an entity that
is an unincorporated association having one or more members and
that is organized under ORS chapter 63.
(15) 'Domestic professional corporation' means a corporation
organized under ORS chapter 58 for the purpose of rendering
professional services and for the purposes provided under ORS
chapter 58.
(16) 'Effective date of notice' has the meaning given that term
in ORS 65.034.
(17) 'Employee' does not include an officer or director who is
not employed by the corporation with compensation for services
beyond those encompassed by board membership.
(18) 'Entity' includes a corporation, foreign corporation,
business corporation and foreign business corporation, profit and
nonprofit unincorporated association, corporation sole, business
trust, { - estate, - } partnership, { - trust, - } two or
more persons having a joint or common economic interest, any
state, the United States and any foreign government.
(19) 'File,' 'filed' or 'filing' means reviewed, accepted and
entered in the Office of the Secretary of State.
(20) 'Foreign business corporation' means a for profit
corporation incorporated under the laws of a state other than
this state.
(21) 'Foreign corporation' means a corporation organized under
a law other than the law of this state which would be a nonprofit
corporation if formed under the laws of this state.
(22) 'Foreign limited liability company' means an entity that
is an unincorporated association organized under the laws of a
state other than this state, under the laws of a federally
recognized Indian tribe or under the laws of a foreign country
and that is organized under a statute under which an association
may be formed that affords to each of its members limited
liability with respect to liabilities of the entity.
(23) 'Foreign professional corporation' means a professional
corporation organized under the laws of a state other than this
state.
(24) 'Governmental subdivision' includes an authority, county,
district and municipality.
(25) 'Includes' denotes a partial definition.
(26) 'Individual' means a natural person and includes the
guardian of an incompetent individual.
(27) 'Means' denotes an exhaustive definition.
(28)(a) 'Member' means any person or persons entitled, pursuant
to a domestic or foreign corporation's articles or bylaws,
without regard to what a person is called in the articles or
bylaws, to vote on more than one occasion for the election of a
director or directors.
(b) A person is not a member by virtue of any of the following
rights the person has:
(A) As a delegate;
(B) To designate or appoint a director or directors;
(C) As a director; or
(D) As a holder of an evidence of indebtedness issued or to be
issued by the corporation.
(c) Notwithstanding the provisions of paragraph (a) of this
subsection, a person is not a member if the person's membership
rights have been eliminated as provided in ORS 65.164 or 65.167.
(29) 'Membership' refers to the rights and obligations a member
or members, as defined in this chapter, have pursuant to this
chapter.
(30) 'Mutual benefit corporation' means a domestic corporation
which either is formed as a mutual benefit corporation pursuant
to ORS 65.044 to 65.067, is designated a mutual benefit
corporation by a statute or does not come within the definition
of public benefit or religious corporation.
(31) 'Nonprofit corporation' means mutual benefit corporations,
public benefit corporations and religious corporations.
(32) 'Notice' has the meaning given that term in ORS 65.034.
(33) 'Office' when used to refer to the administrative unit
directed by the Secretary of State, means the Office of the
Secretary of State.
(34) 'Person' includes any individual or entity.
(35) 'Principal office' means the place, in or out of this
state, so designated in the most recent annual report filed
pursuant to ORS 65.787 or if no annual report is on file, as
designated in the articles of incorporation, or the application
for authority to transact business in this state, which shall be
the place where the principal executive offices of a domestic or
foreign corporation are located, or if none, the contact address.
(36) 'Proceeding' includes civil, criminal, administrative and
investigatory action.
(37) 'Public benefit corporation' means a domestic corporation
which:
(a) Is formed as a public benefit corporation pursuant to ORS
65.044 to 65.067, is designated as a public benefit corporation
by a statute, is recognized as tax exempt under section 501 (c)
(3) of the Internal Revenue Code of 1986 or is otherwise
organized for a public or charitable purpose;
(b) Is restricted so that on dissolution it must distribute its
assets to an organization organized for a public or charitable
purpose, a religious corporation, the United States, a state or a
person which is recognized as exempt under section 501 (c) (3) of
the Internal Revenue Code of 1986; and
(c) Does not come within the definition of 'religious
corporation. '
(38) 'Record date' means the date established under ORS 65.131
to 65.177 or 65.201 to 65.254 on which a corporation determines
the identity of its members and their membership rights for the
purposes of this chapter. The determinations shall be made as of
the time of close of transactions on the record date unless
another time for doing so is specified at the time the record
date is fixed.
(39) 'Religious corporation' means a domestic corporation which
is formed as a religious corporation pursuant to ORS 65.044 to
65.067, is designated a religious corporation by a statute or is
organized primarily or exclusively for religious purposes.
(40) 'Secretary,' when used in the context of a corporate
official, means the corporate officer to whom the board of
directors has delegated responsibility under ORS 65.371 for
preparing the minutes of the directors' and members' meetings and
for authenticating the records of the corporation.
(41) 'State' when referring to a part of the United States,
includes a state, commonwealth, territory and insular possession
of the United States and its agencies and governmental
subdivisions.
(42) 'Uncompensated officer' means an individual who serves in
an office without compensation for personal service. Payment
solely for actual expenses in performing duties of the officer or
a stipend which is paid only to compensate the average expenses
incurred over the course of a year shall not be deemed to be
compensation.
(43) 'United States' includes district, authority, bureau,
commission, department and any other agency of the United States.
(44) 'Vote' includes authorization by written ballot and
written consent, where permitted.
(45) 'Voting power' means the total number of votes entitled to
be cast on the issue at the time the determination of voting
power is made, excluding a vote which is contingent upon the
happening of a condition or event which has not occurred at the
time. Where a class is entitled to vote as a class for directors,
the determination of voting power of the class shall be based on
the percentage of the number of directors the class is entitled
to elect out of the total number of authorized directors.
SECTION 9. ORS 67.005 is amended to read:
67.005. As used in this chapter:
(1) 'Business' includes every trade, occupation, profession and
commercial activity.
(2) 'Debtor in bankruptcy' means a person who is the subject
of:
(a) An order for relief under Title 11 of the United States
Code or a comparable order under a successor statute of general
application; or
(b) A comparable order under federal, state or foreign law
governing insolvency.
(3) 'Dissociated partner' means a partner with respect to whom
an event specified in ORS 67.220 has occurred.
(4) 'Distribution' means a transfer of money or other property
from a partnership to a partner in the partner's capacity as a
partner or to the partner's transferee.
(5) 'Foreign limited liability partnership' means a partnership
that:
(a) Is formed under laws other than the law of this state; and
(b) Has the status of a limited liability partnership under
those laws.
(6) 'Limited liability partnership' means a partnership that
has registered under ORS 67.590, and has not registered or
qualified in any other jurisdiction other than as a foreign
limited liability partnership.
(7) 'Partnership' means an association of two or more persons
to carry on as co-owners a business for profit created under ORS
67.055, predecessor law, or comparable law of another
jurisdiction. A partnership includes a limited liability
partnership.
(8) 'Partnership agreement' means the agreement, whether
written, oral or implied, among the partners concerning the
partnership, including amendments to the partnership agreement.
(9) 'Partnership at will' means a partnership in which the
partners have not agreed to remain partners until the expiration
of a definite term or the completion of a particular undertaking.
(10) 'Partnership interest' or 'partner's interest in the
partnership' means all of a partner's interests in the
partnership, including the partner's transferable interest and
all management and other rights.
(11) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, government, governmental subdivision,
agency, instrumentality or any other legal or commercial entity.
(12) 'Professional' means:
(a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
(b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
(d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
(e) Dentists licensed under ORS chapter 679 or the laws of
another state;
(f) Landscape architects licensed under ORS 671.310 to 671.459
or the laws of another state;
(g) Naturopaths licensed under ORS chapter 685 or the laws of
another state;
(h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
(i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
(j) Physicians licensed under ORS chapter 677 or the laws of
another state;
(k) Podiatrists licensed under ORS chapter 677 or the laws of
another state;
(L) Radiologic technologists licensed under ORS 688.405 to
688.605 or the laws of another state;
(m) Real estate appraisers licensed under ORS chapter 674 or
the laws of another state; and
(n) Other persons providing to the public types of personal
service or services substantially similar to those listed in
paragraphs (a) to (m) of this subsection that may be lawfully
rendered only pursuant to a license.
(13) 'Professional service' means the service rendered by a
professional.
(14) 'Property' means all property, real, personal or mixed,
tangible or intangible, or any interest therein.
(15) 'State' means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or any territory or
insular possession subject to the jurisdiction of the United
States.
(16) 'Transfer' includes an assignment, conveyance, lease,
mortgage, deed, encumbrance, creation of a security interest and
any other disposition.
(17) 'Transferable interest of a partner in the partnership'
means the partner's share of the profits and losses of the
partnership and the partner's right to receive distributions.
SECTION 10. ORS 70.005 is amended to read:
70.005. As used in this chapter:
(1) 'Certificate of limited partnership' means the certificate
referred to in ORS 70.075, and the certificate as amended,
articles of conversion and articles of merger.
(2) 'Contribution' means any cash, property, services rendered,
or a promissory note or other binding obligation to contribute
cash or property or to perform services, that a partner
contributes to a limited partnership in the capacity as a
partner.
(3) 'Corporation' or 'domestic corporation' means a corporation
for profit incorporated under ORS chapter 60.
(4) 'Domestic limited liability company' means an entity that
is an unincorporated association having one or more members and
that is organized under ORS chapter 63.
(5) 'Domestic nonprofit corporation' means a corporation not
for profit incorporated under ORS chapter 65.
(6) 'Domestic professional corporation' means a corporation
organized under ORS chapter 58 for the purpose of rendering
professional services and for the purposes provided under ORS
chapter 58.
(7) 'Event of withdrawal of a general partner' means an event
that causes a person to cease to be a general partner as provided
in ORS 70.180.
(8) 'Foreign corporation' means a corporation for profit
incorporated under the laws of a state other than this state.
(9) 'Foreign limited liability company' means an entity that is
an unincorporated association organized under the laws of a state
other than this state, under the laws of a federally recognized
Indian tribe or under the laws of a foreign country and that is
organized under a statute under which an association may be
formed that affords to each of its members limited liability with
respect to liabilities of the entity.
(10) 'Foreign limited partnership' means a partnership formed
under the laws of any jurisdiction other than this state and
having as partners one or more general partners and one or more
limited partners.
(11) 'Foreign nonprofit corporation' means a corporation not
for profit organized under the laws of a state other than this
state.
(12) 'Foreign professional corporation' means a professional
corporation organized under the laws of a state other than this
state.
(13) 'General partner' means a person who has been admitted to
a limited partnership as a general partner in accordance with the
partnership agreement and named in the certificate of limited
partnership as a general partner.
(14) 'Limited partner' means a person who has been admitted to
a limited partnership as a limited partner in accordance with the
partnership agreement.
(15) 'Limited partnership' and 'domestic limited partnership'
mean a partnership formed by two or more persons under the laws
of this state and having one or more general partners and one or
more limited partners.
(16) 'Partner' means a limited or general partner.
(17) 'Partnership agreement' means any valid agreement, written
or oral, of the partners as to the affairs of a limited
partnership and the conduct of its business.
(18) 'Partnership interest' means a partner's share of the
profits and losses of a limited partnership and the right to
receive distributions of partnership assets.
(19) 'Person' means an individual, partnership, limited
partnership (domestic or foreign), { - trust, estate, - }
association or corporation.
SECTION 11. ORS 84.004 is amended to read:
84.004. As used in ORS 84.001 to 84.061:
(1) 'Agreement' means the bargain of the parties in fact, as
found in their language or inferred from other circumstances and
from rules, regulations and procedures given the effect of
agreements under laws otherwise applicable to a particular
transaction.
(2) 'Automated transaction' means a transaction conducted or
performed, in whole or in part, by electronic means or electronic
records, in which the acts or records of one or both parties are
not reviewed by an individual in the ordinary course in forming a
contract, performing under an existing contract or fulfilling an
obligation required by the transaction.
(3) 'Computer program' means a set of statements or
instructions to be used directly or indirectly in an information
processing system in order to bring about a certain result.
(4) 'Contract' means the total legal obligation resulting from
the parties' agreement under ORS 84.001 to 84.061 and other
applicable law.
(5) 'Electronic' means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic
or similar capabilities.
(6) 'Electronic agent' means a computer program or an
electronic or other automated means used independently to
initiate an action or respond to electronic records or
performances in whole or in part, without review or action by an
individual.
(7) 'Electronic record' means a record created, generated,
sent, communicated, received or stored by electronic means.
(8) 'Electronic signature' means an electronic sound, symbol or
process attached to or logically associated with a record and
executed or adopted by a person with the intent to sign the
record.
(9) 'Governmental agency' means an executive, legislative or
judicial agency, department, board, commission, authority,
institution or instrumentality of the federal government or of a
state or of a county, municipality or other political subdivision
of a state.
(10) 'Information' means data, text, images, sounds, codes,
computer programs, software, databases or the like.
(11) 'Information processing system' means an electronic system
for creating, generating, sending, receiving, storing, displaying
or processing information.
(12) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, governmental agency, public
corporation or any other legal or commercial entity.
(13) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(14) 'Security procedure' means a procedure employed for the
purpose of verifying that an electronic signature, record or
performance is that of a specific person or for detecting changes
or errors in the information in an electronic record. 'Security
procedure' includes a procedure that requires the use of
algorithms or other codes, identifying words or numbers,
encryption, or callback or other acknowledgment procedures.
(15) '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. 'State' includes an Indian tribe or band or an
Alaskan native village, which is recognized by federal law or
formally acknowledged by a state.
(16) 'Transaction' means an action or set of actions occurring
between two or more persons relating to the conduct of business,
commercial or governmental affairs.
SECTION 12. ORS 86.205 is amended to read:
86.205. As used in ORS 86.205 to 86.275:
(1) 'Borrower' means any person who becomes obligated on a real
estate loan agreement, either directly or indirectly, and
includes, but is not limited to, mortgagors, grantors under trust
deeds, vendees under conditional land sales contracts, and
persons who purchase real property securing a real estate loan
agreement, whether the persons assume the loan or purchase the
property subject to the loan.
(2) 'Direct reduction provision' or 'capitalization provision'
means any provision which is part of a real estate loan
agreement, whether incorporated into the agreement or as part of
a separately executed document, whereby the borrower makes
periodic prepayment of property taxes, insurance premiums and
similar charges to the lender or the designee of the lender, who
applies such prepayments first to accrued interest and then to
the principal amount of the loan, and upon payment of such
charges, adds the amount of such payment to the principal amount
of the loan.
(3) 'Escrow account' means any account which is a part of a
real estate loan agreement, whether incorporated into the
agreement or as part of a separately executed document, whereby
the borrower makes periodic prepayment to the lender or the
designee of the lender of taxes, insurance premiums, and similar
charges, and the lender or the designee of the lender pays the
charges out of the account at the due dates.
(4) 'Lender' means any person who makes, extends, or holds a
real estate loan agreement and includes, but is not limited to,
mortgagees, beneficiaries under trust deeds, and vendors under
conditional land sales contracts.
(5) 'Lender's security protection provision' means any
provision which is a part of a real estate loan agreement,
whether incorporated into the agreement or as part of a
separately executed document, whereby the borrower prepays,
pledges or otherwise commits cash or other assets owned by the
borrower in advance of due dates for payments of property taxes,
insurance premiums and similar charges relating to the property
securing the loan in order to assure timely payment of the
charges and protect the lender's security interest in the
property, and includes, but is not limited to, escrow accounts,
direct reduction provisions, capitalization provisions, and
pledges of savings accounts.
(6) 'Person' means individuals, corporations, associations
{ - , - } { + and + } partnerships { - and trusts - } , and
includes, but is not limited to, financial institutions as
defined in ORS 706.008, investment companies, insurance
companies, pension funds, and mortgage companies.
(7) 'Real estate loan agreement' or 'real estate loan ' means
any agreement providing for a loan on residential property,
including multifamily, occupied by the borrower in the amount of
$100,000 or less, secured in whole or in part by real property,
or any interest therein, located in this state, and includes, but
is not limited to, mortgages, trust deeds and conditional land
sales contracts.
SECTION 13. ORS 87.700 is amended to read:
87.700. As used in ORS 87.228 and 87.700 to 87.736, unless the
context otherwise requires:
(1) 'Agricultural produce' means horticultural products,
viticultural products, fruit, berries, vegetables, hops, mint
oil, hazelnuts or other nuts, dairy products, bee products,
vermiculture products, hay or straw baled and prepared for
market, meat animals and Christmas trees as defined in ORS
571.505.
(2) 'Agricultural producer' means a person that engages in or
has engaged in the business of growing or producing agricultural
produce for market or for delivery or transfer to others owning
or holding title to the produce. 'Agricultural producer' includes
a landowner, producer, landlord, tenant, sharecropper or other
person who participates in the growing of agricultural produce
and receives a share of the produce.
(3) 'Meat animal' has the meaning for that term provided in ORS
603.010.
(4) 'Person' means individual, corporation, partnership,
association, joint stock company, { - trust, - } limited
liability company, limited liability partnership, cooperative,
government entity, unincorporated organization or other business
entity.
(5) 'Purchaser' does not include a cooperative organized and
operating under ORS chapter 62, including a foreign cooperative
authorized to do business in this state under ORS chapter 60, if
the agricultural producer is a member of the cooperative.
(6) 'Security interest' has the meaning given that term in ORS
71.2010 (37).
SECTION 14. 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 an
individual related to a spouse 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 15. ORS 98.302 is amended to read:
98.302. As used in ORS 98.302 to 98.436 and 98.992, unless the
context otherwise requires:
(1) 'Administrator' means the Director of the Department of
State Lands.
(2) 'Apparent owner' means the person whose name appears on the
records of the holder as the person entitled to property held,
issued or owing by the holder.
(3) 'Business association' means a nonpublic corporation, joint
stock company, business trust, partnership, investment company or
an association for business purposes of two or more individuals,
whether or not for profit, including a financial institution,
insurance company or utility.
(4) 'Domicile' means the state of incorporation of a
corporation and the state of the principal place of business of
an unincorporated person.
(5) 'Financial institution' means a financial institution or a
trust company, as those terms are defined in ORS 706.008, a safe
deposit company, a private banker, a savings and loan
association, a building and loan association or an investment
company.
(6) 'Holder' means a person, wherever organized or domiciled,
who is in possession of property belonging to another, a trustee
or indebted to another on an obligation.
(7) 'Insurance company' means an association, corporation,
fraternal or mutual benefit organization, whether or not for
profit, which is engaged in providing insurance coverage,
including accident, burial, casualty, workers' compensation,
credit life, contract performance, dental, fidelity, fire,
health, hospitalization, illness, life (including endowments and
annuities), malpractice, marine, mortgage, surety and wage
protection insurance.
(8) 'Intangible property' includes:
(a) Credit balances, customer overpayments, security deposits,
refunds, credit memos, unpaid wages, unused airline tickets and
unidentified remittances;
(b) Stocks and other intangible ownership interests in business
associations;
(c) Moneys deposited to redeem stocks, bonds, coupons, and
other securities, or to make distributions;
(d) Amounts due and payable under the terms of insurance
policies;
(e) Amounts distributed from a trust or custodial fund
established under a plan to provide health, welfare, pension,
vacation, severance, retirement, death, stock purchase, profit
sharing, employee savings, supplemental unemployment insurance or
similar benefits; and
(f) Moneys, checks, drafts, deposits, interest, dividends and
income.
(9) 'Last-known address' means a description of the location of
the apparent owner sufficient for the purpose of delivery of
mail.
(10) 'Lawful deduction' means a deduction related to the
purpose of an account or deposit, for example, to satisfy unpaid
utility bills.
(11) 'Owner' means a depositor in case of a deposit, a
beneficiary in case of a trust other than a deposit in trust, a
creditor, claimant, or payee in case of other intangible
property, or a person, or the person's legal representative,
having a legal or equitable interest in property.
(12) 'Person' means an individual, business association, state
or other government or political subdivision or agency, public
corporation, public authority, { - estate, trust, - } two or
more persons having a joint or common interest, or any other
legal or commercial entity.
(13) 'Service charge' means fees or charges that are limited to
a specific situation and that meet basic contractual and notice
requirements.
(14) 'State' means any state, district, commonwealth,
territory, insular possession or any other area subject to the
legislative authority of the United States.
(15) 'Utility' means a person who owns or operates for public
use, any plant, equipment, property, franchise or license for the
transmission of communications or the production, storage,
transmission, sale, delivery or furnishing of electricity, water,
steam or gas.
SECTION 16. ORS 105.624 is amended to read:
105.624. As used in ORS 105.623 to 105.649:
(1) 'Disclaimant' means the person to whom a disclaimed
interest or power would have passed had the disclaimer not been
made.
(2) 'Disclaimed interest' means the interest that would have
passed to the disclaimant had the disclaimer not been made.
(3) 'Disclaimer' means the refusal to accept an interest in
property or a power over property.
(4) 'Fiduciary' means a personal representative, trustee, agent
acting under a power of attorney or other person authorized to
act as a fiduciary with respect to the property of another
person.
(5) 'Jointly held property' means property held in the name of
two or more persons under an arrangement pursuant to which:
(a) All holders have concurrent interests; and
(b) The last surviving holder is entitled to the whole of the
property.
(6) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, government, governmental subdivision,
agency, public corporation or any other legal or commercial
entity.
(7) '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. The term includes an Indian tribe or band, or
Alaskan native village, recognized by federal law or formally
acknowledged by another state.
(8) 'Trust' means:
(a) A charitable or noncharitable express trust, including any
additions made to the trust, whenever and however created; and
(b) A trust created pursuant to a statute or judgment that
requires the trust to be administered in the same manner as an
express trust.
SECTION 17. ORS 109.704 is amended to read:
109.704. As used in ORS 109.701 to 109.834:
(1) 'Abandoned' means left without provision for reasonable and
necessary care or supervision.
(2) 'Child' means an individual who has not attained 18 years
of age.
(3) 'Child custody determination' means a judgment or other
order of a court providing for the legal custody, physical
custody, parenting time or visitation with respect to a child. '
Child custody determination' includes a permanent, temporary,
initial and modification order. 'Child custody determination '
does not include an order relating to child support or other
monetary obligation of an individual.
(4) 'Child custody proceeding' means a proceeding in which
legal custody, physical custody, parenting time or visitation
with respect to a child is an issue. 'Child custody proceeding '
includes a proceeding for divorce, separation, neglect, abuse,
dependency, guardianship, paternity, termination of parental
rights and protection from domestic violence in which the issue
may appear. 'Child custody proceeding' does not include a
proceeding involving juvenile delinquency, contractual
emancipation or enforcement under ORS 109.774 to 109.827.
(5) 'Commencement' means the filing of the first pleading in a
proceeding.
(6) 'Court' means an entity authorized under the law of a state
to establish, enforce or modify a child custody determination.
(7) 'Home state' means the state in which a child lived with a
parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a child
custody proceeding. In the case of a child less than six months
of age, 'home state' means the state in which the child lived
from birth with any of the persons mentioned. Any temporary
absence of any of the mentioned persons is part of the period.
(8) 'Initial determination' means the first child custody
determination concerning a particular child.
(9) 'Issuing court' means the court that makes a child custody
determination for which enforcement is sought under ORS 109.701
to 109.834.
(10) 'Issuing state' means the state in which a child custody
determination is made.
(11) 'Modification' means a child custody determination that
changes, replaces, supersedes or is otherwise made after a
previous determination concerning the same child, whether or not
it is made by the court that made the previous determination.
(12) 'Person' means an individual, corporation, public
corporation, business trust, { - estate, trust, - }
partnership, limited liability company, association, joint
venture, government or a governmental subdivision, agency or
instrumentality, or any other legal or commercial entity.
(13) 'Person acting as a parent' means a person, other than a
parent, who:
(a) Has physical custody of the child or has had physical
custody for a period of six consecutive months, including any
temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(b) Has been awarded legal custody by a court or claims a right
to legal custody under the law of this state.
(14) 'Physical custody' means the physical care and supervision
of a child.
(15) '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.
(16) 'Tribe' means an Indian tribe or band, or Alaskan Native
village, that is recognized by federal law or formally
acknowledged by a state.
(17) 'Warrant' means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
SECTION 18. ORS 128.316 is amended to read:
128.316. As used in ORS 128.305 to 128.336:
(1) 'Charitable purpose' means the relief of poverty, the
advancement of education or religion, the promotion of health,
the promotion of a governmental purpose or any other purpose the
achievement of which is beneficial to the community.
(2) 'Endowment fund' means an institutional fund or part of an
institutional fund that, under the terms of a gift instrument, is
not wholly expendable by the institution on a current basis. '
Endowment fund' does not include assets that an institution
designates as an endowment fund for the institution's own use.
(3) 'Gift instrument' means a record or records, including an
institutional solicitation, under which property is granted to,
transferred to or held by an institution as an institutional
fund.
(4) 'Institution' means:
(a) A person, other than an individual, organized and operated
exclusively for charitable purposes;
(b) A government or governmental subdivision, agency or
instrumentality, to the extent that it holds funds exclusively
for a charitable purpose; and
(c) A trust that had both charitable and noncharitable
interests, after all noncharitable interests have terminated.
(5) 'Institutional fund' means a fund held by an institution
exclusively for charitable purposes. 'Institutional fund' does
not include:
(a) Program-related assets;
(b) A fund held for an institution by a trustee that is not an
institution;
(c) A fund in which a beneficiary that is not an institution
has an interest, other than an interest that could arise upon
violation or failure of the purposes of the fund; or
(d) A fund managed by the State Treasurer, moneys held by the
State Treasurer for investment or moneys managed or held for
investment by or on behalf of the State Treasurer under ORS
chapter 293 or 348.
(6) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency or instrumentality, or any other
legal or commercial entity.
(7) 'Program-related asset' means an asset held by an
institution primarily to accomplish a charitable purpose of the
institution and not primarily for investment.
(8) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
SECTION 19. ORS 129.205 is amended to read:
129.205. In this chapter:
(1) 'Accounting period' means a calendar year unless another
12-month period is selected by a fiduciary. The term includes a
portion of a calendar year or other 12-month period that begins
when an income interest begins or ends when an income interest
ends.
(2) 'Beneficiary' includes, in the case of a decedent's estate,
an heir and devisee and, in the case of a trust, an income
beneficiary and a remainder beneficiary.
(3) 'Fiduciary' means a personal representative or a trustee.
The term includes an executor, administrator, successor personal
representative, special administrator and a person performing
substantially the same function.
(4) 'Income' means money or property that a fiduciary receives
as current return from a principal asset. The term includes a
portion of receipts from a sale, exchange or liquidation of a
principal asset, to the extent provided in ORS 129.300 to
129.385.
(5) 'Income beneficiary' means a person to whom net income of a
trust is or may be payable.
(6) 'Income interest' means the right of an income beneficiary
to receive all or part of net income, whether the terms of the
trust require it to be distributed or authorize it to be
distributed in the trustee's discretion.
(7) 'Mandatory income interest' means the right of an income
beneficiary to receive net income that the terms of the trust
require the fiduciary to distribute.
(8) 'Net income' means the total receipts allocated to income
during an accounting period minus the disbursements made from
income during the period, plus or minus transfers under this
chapter to or from income during the period.
(9) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, government, governmental subdivision,
agency or instrumentality, public corporation or any other legal
or commercial entity.
(10) 'Principal' means property held in trust for distribution
to a remainder beneficiary when the trust terminates.
(11) 'Remainder beneficiary' means a person entitled to receive
principal when an income interest ends.
(12) 'Terms of a trust' means the manifestation of the intent
of a settlor or decedent with respect to the trust, expressed in
a manner that admits of its proof in a judicial proceeding,
whether by written or spoken words or by conduct.
(13) 'Trustee' includes an original, additional or successor
trustee, whether or not appointed or confirmed by a court.
SECTION 20. ORS 130.010 is amended to read:
130.010. For the purposes of this chapter:
(1) 'Ascertainable standard' means an ascertainable standard
relating to an individual's health, education, support or
maintenance within the meaning of section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code, as in effect on January
1, 2006.
(2) 'Beneficiary' means a person that:
(a) Has a present or future beneficial interest in a trust,
whether vested or contingent; or
(b) Holds a power of appointment over trust property in a
capacity other than that of trustee.
(3) 'Charitable trust' means a trust, or portion of a trust,
created for a charitable purpose described in ORS 130.170 (1).
(4) 'Conservator' means a person appointed by a court to
administer the estate of a minor or adult individual.
(5) 'Environmental law' means a federal, state or local law,
rule, regulation or ordinance relating to protection of the
environment.
(6) 'Financial institution' has the meaning given that term in
ORS 706.008.
(7) 'Financially incapable' has the meaning given that term in
ORS 125.005. 'Financially capable' means not financially
incapable.
(8) 'Guardian' means a person appointed by a court to make
decisions regarding the support, care, education, health and
welfare of a minor or adult individual. 'Guardian' does not
include a guardian ad litem.
(9) 'Interests of the beneficiaries' means the beneficial
interests provided in the terms of a trust.
(10) 'Permissible distributee' means a beneficiary who is
currently eligible to receive distributions of trust income or
principal, whether the distribution is mandatory or
discretionary.
(11) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, public body as defined in ORS 174.109
or any other legal or commercial entity.
(12) 'Power of withdrawal' means a presently exercisable
general power of appointment, other than a power exercisable by a
trustee that is limited by an ascertainable standard or that is
exercisable by another person only upon consent of the trustee or
a person holding an adverse interest.
(13) 'Property' means anything that may be the subject of
ownership, whether real or personal, legal or equitable, or any
interest therein.
(14) 'Qualified beneficiary' means a beneficiary who:
(a) Is a permissible distributee on the date the beneficiary's
qualification is determined;
(b) Would be a permissible distributee if the interests of all
permissible distributees described in paragraph (a) of this
subsection terminated on the date the beneficiary's qualification
is determined; or
(c) Would be a permissible distributee if the trust terminated
on the date the beneficiary's qualification is determined.
(15) 'Revocable trust' means a trust that can be revoked by the
settlor without the consent of the trustee or a person holding an
adverse interest.
(16) 'Settlor' means a person, including a testator, who
creates a trust or contributes property to a trust. If more than
one person creates or contributes property to a trust, each
person is a settlor of the portion of the trust property
attributable to that person's contribution and of the portion as
to which that person has the power to revoke or withdraw.
(17) 'Spendthrift provision' means a term of a trust that
restrains both voluntary and involuntary transfer of a
beneficiary's interest.
(18) '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. 'State' includes an Indian tribe or band
recognized by federal law or formally acknowledged by a state.
(19) 'Terms of a trust' means the manifestation of the
settlor's intent regarding a trust's provisions as expressed in
the trust instrument or as may be established by other evidence
that would be admissible in a judicial proceeding.
(20) 'Trust instrument' means an instrument executed by a
settlor that contains terms of the trust, including any
amendments to the instrument.
(21) 'Trustee' means an original trustee, an additional
trustee, a successor trustee or a cotrustee.
SECTION 21. ORS 205.010 is amended to read:
205.010. (1) As used in the statutes of this state in reference
to a chattel mortgage and action by the appropriate recording
officer, 'record,' 'recorded' and 'recording' mean ' record or
file,' 'recorded or filed' or 'recording or filing,' as the
context requires.
(2) As used in this chapter:
(a) 'Person' means an individual, organization, corporation,
government, governmental subdivision or agency, business trust,
{ - estate, trust, - } partnership or association, two or more
persons having a joint or common interest or any other legal or
commercial entity.
(b) 'Text' includes the words contained in the body of an
instrument to be recorded and the names of the transactions
contained in the instrument. The term does not include
instructions for completing the instrument, form numbers or
statutory references.
(c) 'Transaction' means an action, including but not limited to
a transfer, encumbrance or release affecting title to or an
interest in real property, that is required or permitted by state
law or rule or federal law or regulation to be recorded.
SECTION 22. ORS 268.020 is amended to read:
268.020. As used in this chapter:
(1) 'District' means a metropolitan service district
established under this chapter.
(2) 'District charter' means a home rule charter enacted by the
electors of a district under section 14, Article XI, Oregon
Constitution.
(3) 'Metropolitan area' means that area which on October 4,
1997, lies within the boundaries of Clackamas, Multnomah and
Washington Counties.
(4) 'Improvement' means the facilities and other property
constructed, erected or acquired by and to be used in the
performance of services authorized to be performed by a district.
(5) 'Metropolitan significance' means having major or
significant district-wide impact.
(6) 'Person' means a public body as defined in ORS 174.109,
individual, corporation, partnership, association, firm { - ,
trust, estate - } or any other legal entity.
(7) 'Regional framework plan' means the Metro regional
framework plan defined in ORS 197.015 and any district ordinances
that implement the plan.
SECTION 23. ORS 348.105 is amended to read:
348.105. (1) As used in this section:
(a) 'Educational institution' means any post-secondary
educational institution that is approved or accredited by the
Northwest Association of Schools and Colleges, by its regional
equivalent or by the appropriate official, department or agency
of the state or nation in which the institution is located, and
that is:
(A) A four-year college or university;
(B) A junior college or community college; or
(C) A technical, professional or career school.
(b) 'Educational loan' means a loan or other aid or assistance
for the purpose of furthering the obligor's education at an
educational institution.
(c) 'Person' means an individual, corporation, government or
governmental subdivision or agency, business trust, { - estate,
trust, - } partnership or association, or any other legal
entity.
(2) Notwithstanding any other provision of law, any written
obligation made by any minor in consideration of an educational
loan received by the minor from any person shall be as valid and
binding as if the minor had, at the time of making and executing
the obligation, attained the age of majority, but only if prior
to the making of the educational loan an educational institution
has certified in writing to the person making the educational
loan that the minor is enrolled, or has been accepted for
enrollment, in the educational institution.
(3) Any obligation mentioned in subsection (2) of this section
may be enforced in any action or proceeding against such person
in the name of the person and shall be valid, insofar as the
issue of age is concerned, without the consent thereto of the
parent or guardian of such person. Such person may not disaffirm
the obligation because of age nor may such person interpose in
any action or proceeding arising out of the educational loan the
defense that the borrower is, or was, at the time of making or
executing the obligation, a minor.
(4) Any parent or legal guardian who did not consent to
guarantee or otherwise ensure performance of the obligation
mentioned in subsection (2) of this section shall not be liable
for payment of such obligation.
SECTION 24. ORS 441.600 is amended to read:
441.600. As used in ORS 441.600 to 441.625 unless the context
requires otherwise:
(1) 'Department' means the Department of Human Services.
(2) 'Facility' means a long term care facility as defined in
ORS 442.015.
(3) 'Legal representative' means attorney at law, person
holding a general power of attorney, guardian, conservator or any
person appointed by a court to manage the personal or financial
affairs of a resident or person or agency legally responsible for
the welfare or support of a resident.
(4) 'Person' means an individual and every form of
organization, whether incorporated or unincorporated, including
partnership, corporation, { - trust, - } association or
administrative agency or political subdivision of this state.
(5) 'Resident' means an individual under care in a facility.
SECTION 25. ORS 442.015 is amended to read:
442.015. As used in ORS chapter 441 and this chapter, unless
the context requires otherwise:
(1) 'Acquire' or 'acquisition' means obtaining equipment,
supplies, components or facilities by any means, including
purchase, capital or operating lease, rental or donation, with
intention of using such equipment, supplies, components or
facilities to provide health services in Oregon. When equipment
or other materials are obtained outside of this state,
acquisition is considered to occur when the equipment or other
materials begin to be used in Oregon for the provision of health
services or when such services are offered for use in Oregon.
(2) 'Adjusted admission' means the sum of all inpatient
admissions divided by the ratio of inpatient revenues to total
patient revenues.
(3) 'Affected persons' has the same meaning as given to '
party' in ORS 183.310.
(4) 'Ambulatory surgical center' means a facility that performs
outpatient surgery not routinely or customarily performed in a
physician's or dentist's office, and is able to meet health
facility licensure requirements.
(5) 'Audited actual experience' means data contained within
financial statements examined by an independent, certified public
accountant in accordance with generally accepted auditing
standards.
(6) 'Budget' means the projections by the hospital for a
specified future time period of expenditures and revenues with
supporting statistical indicators.
(7) 'Case mix' means a calculated index for each hospital,
based on financial accounting and case mix data collection as set
forth in ORS 442.425, reflecting the relative costliness of that
hospital's mix of cases compared to a state or national mix of
cases.
(8) 'Commission' means the Oregon Health Policy Commission.
(9) 'Department' means the Department of Human Services of the
State of Oregon.
(10) 'Develop' means to undertake those activities that on
their completion will result in the offer of a new institutional
health service or the incurring of a financial obligation, as
defined under applicable state law, in relation to the offering
of such a health service.
(11) 'Director' means the Director of Human Services.
(12) 'Expenditure' or 'capital expenditure' means the actual
expenditure, an obligation to an expenditure, lease or similar
arrangement in lieu of an expenditure, and the reasonable value
of a donation or grant in lieu of an expenditure but not
including any interest thereon.
(13) 'Freestanding birthing center' means a facility licensed
for the primary purpose of performing low risk deliveries.
(14) 'Governmental unit' means the state, or any county,
municipality or other political subdivision, or any related
department, division, board or other agency.
(15) 'Gross revenue' means the sum of daily hospital service
charges, ambulatory service charges, ancillary service charges
and other operating revenue. 'Gross revenue' does not include
contributions, donations, legacies or bequests made to a hospital
without restriction by the donors.
(16)(a) 'Health care facility' means a hospital, a long term
care facility, an ambulatory surgical center, a freestanding
birthing center or an outpatient renal dialysis facility.
(b) 'Health care facility' does not mean:
(A) An establishment furnishing residential care or treatment
not meeting federal intermediate care standards, not following a
primarily medical model of treatment, prohibited from admitting
persons requiring 24-hour nursing care and licensed or approved
under the rules of the Department of Human Services or the
Department of Corrections; or
(B) An establishment furnishing primarily domiciliary care.
(17) 'Health maintenance organization' or 'HMO' means a public
organization or a private organization organized under the laws
of any state that:
(a) Is a qualified HMO under section 1310 (d) of the U.S.
Public Health Services Act; or
(b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services:
(i) Usual physician services;
(ii) Hospitalization;
(iii) Laboratory;
(iv) X-ray;
(v) Emergency and preventive services; and
(vi) Out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of
the basic health care services listed in subparagraph (A) of this
paragraph to enrolled participants on a predetermined periodic
rate basis; and
(C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis.
(18) 'Health services' means clinically related diagnostic,
treatment or rehabilitative services, and includes alcohol, drug
or controlled substance abuse and mental health services that may
be provided either directly or indirectly on an inpatient or
ambulatory patient basis.
(19) 'Hospital' means a facility with an organized medical
staff, with permanent facilities that include inpatient beds and
with medical services, including physician services and
continuous nursing services under the supervision of registered
nurses, to provide diagnosis and medical or surgical treatment
primarily for but not limited to acutely ill patients and
accident victims, to provide treatment for patients with mental
illness or to provide treatment in special inpatient care
facilities.
(20) 'Institutional health services' means health services
provided in or through health care facilities and includes the
entities in or through which such services are provided.
(21) 'Intermediate care facility' means a facility that
provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment
that a hospital or skilled nursing facility is designed to
provide, but who because of their mental or physical condition
require care and services above the level of room and board that
can be made available to them only through institutional
facilities.
(22) 'Long term care facility' means a facility with permanent
facilities that include inpatient beds, providing medical
services, including nursing services but excluding surgical
procedures except as may be permitted by the rules of the
director, to provide treatment for two or more unrelated
patients. ' Long term care facility' includes skilled nursing
facilities and intermediate care facilities but may not be
construed to include facilities licensed and operated pursuant to
ORS 443.400 to 443.455.
(23) 'Major medical equipment' means medical equipment that is
used to provide medical and other health services and that costs
more than $1 million. 'Major medical equipment' does not include
medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services, if the
clinical laboratory is independent of a physician's office and a
hospital and has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11)
of section 1861(s) of that Act.
(24) 'Net revenue' means gross revenue minus deductions from
revenue.
(25) 'New hospital' means a facility that did not offer
hospital services on a regular basis within its service area
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New hospital' also includes any
replacement of an existing hospital that involves a substantial
increase or change in the services offered.
(26) 'New skilled nursing or intermediate care service or
facility' means a service or facility that did not offer long
term care services on a regular basis by or through the facility
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New skilled nursing or intermediate
care service or facility' also includes the rebuilding of a long
term care facility, the relocation of buildings that are a part
of a long term care facility, the relocation of long term care
beds from one facility to another or an increase in the number of
beds of more than 10 or 10 percent of the bed capacity, whichever
is the lesser, within a two-year period.
(27) 'Offer' means that the health care facility holds itself
out as capable of providing, or as having the means for the
provision of, specified health services.
(28) 'Operating expenses' means the sum of daily hospital
service expenses, ambulatory service expenses, ancillary expenses
and other operating expenses, excluding income taxes.
(29) 'Outpatient renal dialysis facility' means a facility that
provides renal dialysis services directly to outpatients.
(30) 'Person' means an individual, { - a trust or estate, - }
a partnership, a corporation (including associations, joint stock
companies and insurance companies), a state, or a political
subdivision or instrumentality, including a municipal
corporation, of a state.
(31) 'Skilled nursing facility' means a facility or a distinct
part of a facility, that is primarily engaged in providing to
inpatients skilled nursing care and related services for patients
who require medical or nursing care, or an institution that
provides rehabilitation services for the rehabilitation of
individuals who are injured or sick or who have disabilities.
(32) 'Special inpatient care facility' means a facility with
permanent inpatient beds and other facilities designed and
utilized for special health care purposes, including but not
limited to a rehabilitation center, a college infirmary, a
chiropractic facility, a facility for the treatment of alcoholism
or drug abuse, an inpatient care facility meeting the
requirements of ORS 441.065, and any other establishment falling
within a classification established by the Department of Human
Services, after determination of the need for such classification
and the level and kind of health care appropriate for such
classification.
(33) 'Total deductions from gross revenue' or 'deductions from
revenue' means reductions from gross revenue resulting from
inability to collect payment of charges. Such reductions include
bad debts, contractual adjustments, uncompensated care,
administrative, courtesy and policy discounts and adjustments and
other such revenue deductions. The deduction shall be net of the
offset of restricted donations and grants for indigent care.
SECTION 26. ORS 448.405 is amended to read:
448.405. As used in ORS 448.405 to 448.465:
(1) 'Commission' means the Environmental Quality Commission.
(2) 'Department' means the Department of Environmental Quality.
(3) 'Director' means the Director of the Department of
Environmental Quality.
(4) 'Operator' means a person responsible for the operation of
a potable water treatment plant, water distribution system or
sewage treatment works.
(5) 'Person' means any individual, partnership, firm,
association, joint venture, public or private corporation,
{ - trust, estate, - } commission, board, public or private
institution, utility, cooperative, municipality or any other
political subdivision of this state, any interstate body or any
other legal entity.
(6) 'Potable water treatment plant' means that portion of a
water system that in some way alters the physical, chemical or
bacteriological quality of the water being treated.
(7) 'Sewage treatment works' means any structure, equipment or
process required to collect, carry away and treat domestic waste
and dispose of sewage as defined in ORS 454.010.
(8) 'Supervise' means to operate or to be responsible for
directing employees that are responsible for the operation of a
water system.
(9) 'Water distribution system' means that portion of the water
system in which water is stored and conveyed from the potable
water treatment plant or other supply point to the premises of a
consumer.
(10) 'Water system' means potable water treatment plants and
water distribution systems:
(a) That have 15 or more service connections used by year-round
residents or that regularly serve 25 or more year-round
residents; or
(b) That regularly serve at least 25 of the same persons for
more than six months per year.
SECTION 27. ORS 453.396 is amended to read:
453.396. As used in ORS 453.396 to 453.414:
(1) 'Department' means the Department of Revenue.
(2) 'Facility' means all buildings, equipment, structures and
other stationary items that are located on a single site or on
contiguous or adjacent sites and that are owned or operated by
the same person or by any person who controls, is controlled by
or under common control with such person.
(3) 'Hazardous substance' means any chemical substance or waste
for which a material safety data sheet is required by the
Department of Consumer and Business Services.
(4) 'Material safety data sheet' means written or printed
material concerning a hazardous chemical which is prepared in
accordance with rules of the Department of Consumer and Business
Services.
(5) 'Person' includes any entity operating a facility that is
included in one or more of the standard industrial classification
categories identified by the State Fire Marshal or added by the
State Fire Marshal under ORS 453.408 (2). 'Entity ' includes any
individual, { - trust, - } firm, association, corporation,
partnership, joint stock company, joint venture, public or
municipal corporation, commission, political subdivision, the
state or any agency or commission thereof, interstate body, and
the federal government and any agency thereof.
(6) 'Possess' or 'possession' means the physical possession of
a hazardous substance within this state.
SECTION 28. ORS 459.005 is amended to read:
459.005. As used in ORS 459.005 to 459.437, 459.705 to 459.790
and 459A.005 to 459A.665:
(1) 'Affected person' means a person or entity involved in the
solid waste collection service process including but not limited
to a recycling collection service, disposal site permittee or
owner, city, county and metropolitan service district.
(2) 'Board of county commissioners' or 'board' includes a
county court.
(3) 'Collection service' means a service that provides for
collection of solid waste or recyclable material or both but does
not include that part of a business operated under a certificate
issued under ORS 822.110.
(4) 'Commercial' means stores, offices including manufacturing
and industry offices, restaurants, warehouses, schools, colleges,
universities, hospitals and other nonmanufacturing entities, but
does not include other manufacturing activities or business,
manufacturing or processing activities in residential dwellings.
(5) 'Commission' means the Environmental Quality Commission.
(6) 'Compost' means the controlled biological decomposition of
organic material or the product resulting from such a process.
(7) 'Department' means the Department of Environmental Quality.
(8)(a) 'Disposal site' means land and facilities used for the
disposal, handling or transfer of, or energy recovery, material
recovery and recycling from solid wastes, including but not
limited to dumps, landfills, sludge lagoons, sludge treatment
facilities, disposal sites for septic tank pumping or cesspool
cleaning service, transfer stations, energy recovery facilities,
incinerators for solid waste delivered by the public or by a
collection service, composting plants and land and facilities
previously used for solid waste disposal at a land disposal site.
(b) 'Disposal site' does not include:
(A) A facility authorized by a permit issued under ORS 466.005
to 466.385 to store, treat or dispose of both hazardous waste and
solid waste;
(B) A facility subject to the permit requirements of ORS
468B.050 or 468B.053;
(C) A site used by the owner or person in control of the
premises to dispose of soil, rock, concrete or other similar
nondecomposable material, unless the site is used by the public
either directly or through a collection service; or
(D) A site operated by a dismantler issued a certificate under
ORS 822.110.
(9) 'Energy recovery' means recovery in which all or a part of
the solid waste materials are processed to use the heat content,
or other forms of energy, of or from the material.
(10) 'Franchise' includes a franchise, certificate, contract or
license issued by a local government unit authorizing a person to
provide solid waste management services.
(11) 'Hazardous waste' has the meaning given that term in ORS
466.005.
(12) 'Household hazardous waste' means any discarded, useless
or unwanted chemical, material, substance or product that is or
may be hazardous or toxic to the public or the environment and is
commonly used in or around households and is generated by the
household. 'Household hazardous waste' may include but is not
limited to some cleaners, solvents, pesticides and automotive and
paint products.
(13) 'Land disposal site' means a disposal site in which the
method of disposing of solid waste is by landfill, dump, pit,
pond or lagoon.
(14) 'Landfill' means a facility for the disposal of solid
waste involving the placement of solid waste on or beneath the
land surface.
(15) 'Local government unit' means a city, county, metropolitan
service district formed under ORS chapter 268, sanitary district
or sanitary authority formed under ORS chapter 450, county
service district formed under ORS chapter 451, regional air
quality control authority formed under ORS 468A.100 to 468A.130
and 468A.140 to 468A.175 or any other local government unit
responsible for solid waste management.
(16) 'Material recovery' means any process of obtaining from
solid waste, by presegregation or otherwise, materials that still
have useful physical or chemical properties and can be reused or
recycled for some purpose.
(17) 'Metropolitan service district' means a district organized
under ORS chapter 268 and exercising solid waste authority
granted to such district under this chapter and ORS chapters 268
and 459A.
(18) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm { - , trust,
estate - } or any other legal entity.
(19) 'Recyclable material' means any material or group of
materials that can be collected and sold for recycling at a net
cost equal to or less than the cost of collection and disposal of
the same material.
(20) 'Recycling' means any process by which solid waste
materials are transformed into new products in a manner that the
original products may lose their identity.
(21) 'Region' means the states of Idaho, Oregon and Washington
and those counties in California and Nevada that share a common
border with Oregon.
(22) 'Regional disposal site' means a disposal site that
receives, or a proposed disposal site that is designed to receive
more than 75,000 tons of solid waste a year from outside the
immediate service area in which the disposal site is located. As
used in this subsection, 'immediate service area' means the
county boundary of all counties except a county that is within
the boundary of the metropolitan service district. For a county
within the metropolitan service district, 'immediate service area
' means the metropolitan service district boundary.
(23) 'Reuse' means the return of a commodity into the economic
stream for use in the same kind of application as before without
change in its identity.
(24) 'Solid waste' means all useless or discarded putrescible
and nonputrescible materials, including but not limited to
garbage, rubbish, refuse, ashes, paper and cardboard, sewage
sludge, septic tank and cesspool pumpings or other sludge,
useless or discarded commercial, industrial, demolition and
construction materials, discarded or abandoned vehicles or parts
thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semisolid materials, dead animals
and infectious waste as defined in ORS 459.386. 'Solid waste '
does not include:
(a) Hazardous waste as defined in ORS 466.005.
(b) Materials used for fertilizer or for other productive
purposes or which are salvageable as such materials are used on
land in agricultural operations and the growing or harvesting of
crops and the raising of animals.
(25) 'Solid waste management' means prevention or reduction of
solid waste, management of the storage, collection,
transportation, treatment, utilization, processing and final
disposal of solid waste, recycling, reuse and material or energy
recovery from solid waste and facilities necessary or convenient
to such activities.
(26) 'Source separate' means that the person who last uses
recyclable material separates the recyclable material from solid
waste.
(27) 'Transfer station' means a fixed or mobile facility other
than a collection vehicle where solid waste is deposited
temporarily after being removed from the site of generation but
before being transported to a final disposal location.
(28) 'Waste prevention' means to reduce the amount of solid
waste generated or resources used, without increasing toxicity,
in the design, manufacture, purchase or use of products or
packaging. ' Waste prevention' does not include reuse, recycling
or composting.
(29) 'Wasteshed' means an area of the state having a common
solid waste disposal system or designated by the commission as an
appropriate area of the state within which to develop a common
recycling program.
(30) 'Yard debris' includes grass clippings, leaves, hedge
trimmings and similar vegetative waste generated from residential
property or landscaping activities, but does not include stumps
or similar bulky wood materials.
SECTION 29. ORS 459A.305 is amended to read:
459A.305. As used in ORS 459A.305 to 459A.355:
(1) 'Brand' means a name, symbols, words or marks that identify
a covered electronic device, rather than any of its components,
and attribute the device to the owner of the brand as the
manufacturer.
(2) 'Collector' means an entity that collects covered
electronic devices as part of a manufacturer program or the state
contractor program.
(3)(a) 'Covered electronic device' means:
(A) A computer monitor of any type having a viewable area
greater than four inches measured diagonally;
(B) A desktop computer or portable computer; or
(C) A television of any type having a viewable area greater
than four inches measured diagonally.
(b) 'Covered electronic device' does not include:
(A) Any part of a motor vehicle;
(B) Any part of a larger piece of equipment designed and
intended for use in an industrial, commercial or medical setting,
such as diagnostic, monitoring or control equipment;
(C) Telephones or personal digital assistants of any type
unless the telephone or personal digital assistant contains a
viewable area greater than four inches measured diagonally; or
(D) Any part of a clothes washer, clothes dryer, refrigerator,
freezer, microwave oven, conventional oven or range, dishwasher,
room air conditioner, dehumidifier or air purifier.
(4) 'Covered entity' means any Oregon household, a business
that employs 10 or fewer individuals, a not-for-profit
organization exempt from taxation under section 501(c)(3) of the
Internal Revenue Code that employs 10 or fewer individuals, or
any person giving seven or fewer covered electronic devices to a
collector at any one time.
(5) 'Environmentally sound management practices' means
practices that comply with all applicable laws, including but not
limited to adequate record keeping, tracking the fate of recycled
materials, performance audits and inspections, provisions for
reuse and refurbishment, compliance with worker health and safety
requirements, maintaining liability insurance and financial
assurances and practices that may be adopted by rule by the
Environmental Quality Commission.
(6)(a) 'Manufacturer' means any person, irrespective of the
selling technique used, including by means of remote sale:
(A) That manufactures covered electronic devices under a brand
that it owns or is licensed to use;
(B) That sells covered electronic devices manufactured by
others under a brand that the seller owns;
(C) That manufactures covered electronic devices without
affixing a brand;
(D) That manufactures covered electronic devices to which it
affixes a brand that it does not own; or
(E) On whose account covered electronic devices manufactured
outside the United States are imported into the United States.
This subparagraph does not apply if, at the time the covered
electronic devices are imported into the United States, another
person is registered as the manufacturer of the brand of the
covered electronic devices.
(b) 'Manufacturer' does not include a person with a license to
manufacture covered electronic devices for delivery exclusively
to or at the order of the licenser.
(7) 'Manufacturer program' means a statewide plan for
collecting, transporting and recycling covered electronic devices
that is provided by a single manufacturer or group of
manufacturers pursuant to ORS 459A.320.
(8) 'Orphan device' means a covered electronic device for which
no manufacturer can be identified.
(9) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm { - , trust,
estate - } or other legal entity.
(10) 'Portable computer' means any of the following that has a
viewable area greater than four inches measured diagonally and
that can be carried as one unit by an individual:
(a) A laptop computer;
(b) A notebook computer; or
(c) A notepad computer.
(11) 'Premium service' means services such as at-location
system upgrade services and at-home pickup services, including
curbside pickup service.
(12)(a) 'Recycling' means:
(A) Processing through disassembling, dismantling, shredding,
transforming or remanufacturing covered electronic devices,
components and by-products into usable or marketable raw
materials or products in a manner such that the original products
may lose their identity; or
(B) Smelting materials from components removed from covered
electronic devices to recover metals for reuse in conformance
with applicable laws and rules.
(b) 'Recycling' does not include:
(A) Landfill disposal or incineration of covered electronic
devices; or
(B) Energy recovery or energy generation by means of combusting
covered electronic devices, components and by-products with or
without other waste.
(13) 'Retailer' means a person that offers new covered
electronic devices for sale at retail through any means,
including but not limited to remote offerings such as sales
outlets, catalogs or the Internet.
(14) 'Return share' means the minimum percentage of covered
electronic devices that an individual manufacturer is responsible
for collecting, transporting and recycling.
(15) 'Return share by weight' means the minimum total weight of
covered electronic devices that an individual manufacturer is
responsible for collecting, transporting and recycling.
(16)(a) 'Sell' or 'sale' means any transfer of title for
consideration, including but not limited to remote sales
conducted through sales outlets, catalogs or the Internet, or any
other similar electronic means.
(b) 'Sell' or 'sale' does not include leases.
(17) 'State contractor program' means a statewide program for
collecting, transporting and recycling covered electronic devices
that is provided by the Department of Environmental Quality for
manufacturers who pay a recycling fee to the department pursuant
to 459A.325.
SECTION 30. ORS 459A.555 is amended to read:
459A.555. As used in ORS 459A.552 to 459A.599 unless the
context requires otherwise:
(1) 'Commission' means the Environmental Quality Commission.
(2) 'Department' means the Department of Environmental Quality.
(3) 'Recycle' means to prepare used oil for reuse as a
petroleum product by refining, rerefining, reclaiming,
reprocessing or other means or to use used oil in a manner that
substitutes for a petroleum product made from new oil, provided
that the preparation or use is operationally safe,
environmentally sound and complies with all laws and regulations.
(4) 'Person' means any individual, private or public
corporation, partnership, cooperative association,
{ - estate, - } municipality, political or jurisdictional
subdivision or governmental agency or instrumentality.
(5) 'Used oil' means a petroleum-based oil which through use,
storage or handling has become unsuitable for its original
purpose due to the presence of impurities or loss of original
properties.
SECTION 31. ORS 461.010 is amended to read:
461.010. Unless the context requires otherwise, the definitions
contained in this chapter shall govern the construction of this
chapter.
(1) 'Lottery' or 'state lottery' means the Oregon State Lottery
established and operated pursuant to the Constitution of the
State of Oregon and this chapter.
(2) 'Commissioner' means one of the members of the lottery
commission appointed by the Governor pursuant to the Constitution
of the State of Oregon and this chapter to oversee the state
lottery.
(3) 'Director' means the Director of the Oregon State Lottery
appointed by the Governor pursuant to the Constitution of the
State of Oregon and this chapter as the chief administrator of
the Oregon State Lottery.
(4) 'Lottery commission' or 'commission' means the five-member
body appointed by the Governor pursuant to the Constitution of
the State of Oregon and this chapter to oversee the lottery and
the director.
(5) 'Lottery game' or 'game' means any procedure authorized by
the commission whereby prizes are distributed among persons who
have paid, or unconditionally agreed to pay, for tickets or
shares which provide the opportunity to win such prizes.
(6) 'Person' means any natural person or corporation,
{ - trust, - } association, partnership, joint venture,
subsidiary or other business entity.
(7) 'Lottery game retailer' means a person with whom the
lottery commission has contracted for the purpose of selling
tickets or shares in lottery games to the public.
(8) 'Lottery vendor' or 'vendor' means any person who submits a
bid, proposal or offer to provide goods or services to the
commission or lottery.
(9) 'Lottery contractor' means a person with whom the state
lottery has contracted for the purpose of providing goods and
services for the state lottery.
SECTION 32. ORS 465.101 is amended to read:
465.101. As used in ORS 465.101 to 465.131:
(1) 'Bulk facility' means a facility, including pipeline
terminals, refinery terminals, rail and barge terminals and
associated underground and aboveground tanks, connected or
separate, from which petroleum products are withdrawn from bulk
and delivered into a cargo tank or barge used to transport those
products.
(2) 'Cargo tank' means an assembly used for transporting,
hauling or delivering petroleum products and consisting of a tank
having one or more compartments mounted on a wagon, truck,
trailer, truck-trailer, railcar or wheels. 'Cargo tank' does not
include any assembly used for transporting, hauling or delivering
petroleum products that holds less than 100 gallons in
individual, separable containers.
(3) 'Department' means the Department of Revenue.
(4) 'Person' means an individual, { - trust, - } firm, joint
stock company, corporation, partnership, joint venture,
consortium, association, state, municipality, commission,
political subdivision of a state or any interstate body, any
commercial entity and the federal government or any agency of the
federal government.
(5) 'Petroleum product' means a petroleum product that is
obtained from distilling and processing crude oil and that is
capable of being used as a fuel for the propulsion of a motor
vehicle or aircraft, including motor gasoline, gasohol, other
alcohol-blended fuels, aviation gasoline, kerosene, distillate
fuel oil and number 1 and number 2 diesel. The term does not
include naphtha-type jet fuel, kerosene-type jet fuel, or a
petroleum product destined for use in chemical manufacturing or
feedstock of that manufacturing or fuel sold to vessels engaged
in interstate or foreign commerce.
(6) 'Withdrawal from bulk' means the removal of a petroleum
product from a bulk facility for delivery directly into a cargo
tank or a barge to be transported to another location other than
another bulk facility for use or sale in this state.
SECTION 33. ORS 465.200 is amended to read:
465.200. As used in ORS 465.200 to 465.545 and 465.900:
(1) 'Claim' means a demand in writing for a sum certain.
(2) 'Commission' means the Environmental Quality Commission.
(3) 'Department' means the Department of Environmental Quality.
(4) 'Director' means the Director of the Department of
Environmental Quality.
(5) 'Dry Cleaner Environmental Response Account' means the
account established under ORS 465.510.
(6) 'Dry cleaning facility' means any active or inactive
facility located in this state that is or was engaged in dry
cleaning apparel and household fabrics for the general public,
and dry stores, other than a:
(a) Facility located on a United States military base;
(b) Uniform service or linen supply facility; or
(c) Prison or other penal institution.
(7) 'Dry cleaning operator' means a person who has, or had, a
business license to operate a dry cleaning facility or a business
operation that a dry cleaning facility is a part of. If a dry
cleaning facility is operated without a business license, both
the dry cleaning owner and any person directing the operations
shall be considered the dry cleaning operator and shall be
jointly and severally liable for the fees and duties imposed on
dry cleaning operators.
(8) 'Dry cleaning owner' means a person who owns or owned the
real property underlying a dry cleaning facility.
(9) 'Dry cleaning service' means:
(a) The cleaning of garments or fabrics at a dry cleaning
facility using a dry cleaning solvent and the pressing or
alteration of garments or fabrics if those services are not
charged for separately from cleaning; and
(b) The services of a dry store.
(10) 'Dry cleaning solvent' means any nonaqueous solvent for
use in the cleaning of garments or other fabrics at a dry
cleaning facility, including but not limited to perchloroethylene
and petroleum based solvents and the products into which dry
cleaning solvents degrade.
(11) 'Dry store' means a facility that does not include
machinery using dry cleaning solvents, including but not limited
to a pickup store, dropoff store, call station, agency for dry
cleaning, press shop, and pickup and delivery service not
otherwise operated by a dry cleaning facility.
(12) 'Environment' includes the waters of the state, any
drinking water supply, any land surface and subsurface strata and
ambient air.
(13) 'Facility' means any building, structure, installation,
equipment, pipe or pipeline including any pipe into a sewer or
publicly owned treatment works, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, above ground
tank, underground storage tank, motor vehicle, rolling stock,
aircraft, or any site or area where a hazardous substance has
been deposited, stored, disposed of, or placed, or otherwise come
to be located and where a release has occurred or where there is
a threat of a release, but does not include any consumer product
in consumer use or any vessel.
(14) 'Fund' means the Hazardous Substance Remedial Action Fund
established by ORS 465.381.
(15) 'Guarantor' means any person, other than the owner or
operator, who provides evidence of financial responsibility for
an owner or operator under ORS 465.200 to 465.545 and 465.900.
(16) 'Hazardous substance' means:
(a) Hazardous waste as defined in ORS 466.005.
(b) Any substance defined as a hazardous substance pursuant to
section 101(14) of the federal Comprehensive Environmental
Response, Compensation and Liability Act, P.L. 96-510, as
amended, and P.L. 99-499.
(c) Oil.
(d) Any substance designated by the commission under ORS
465.400.
(17) 'Inactive dry cleaning facility' means property formerly
used, but not currently used, for providing dry cleaning
services.
(18) 'Natural resources' includes but is not limited to land,
fish, wildlife, biota, air, surface water, ground water, drinking
water supplies and any other resource owned, managed, held in
trust or otherwise controlled by the State of Oregon or a
political subdivision of the state.
(19) 'Oil' includes gasoline, crude oil, fuel oil, diesel oil,
lubricating oil, oil sludge or refuse and any other
petroleum-related product, or waste or fraction thereof that is
liquid at a temperature of 60 degrees Fahrenheit and pressure of
14.7 pounds per square inch absolute.
(20) 'Owner or operator' means any person who owned, leased,
operated, controlled or exercised significant control over the
operation of a facility. 'Owner or operator' does not include a
person, who, without participating in the management of a
facility, holds indicia of ownership primarily to protect a
security interest in the facility.
(21) 'Person' means an individual, { - trust, - } firm,
joint stock company, joint venture, consortium, commercial
entity, partnership, association, corporation, commission, state
and any agency thereof, political subdivision of the state,
interstate body or the federal government including any agency
thereof.
(22) 'Release' means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing into the environment including the
abandonment or discarding of barrels, containers and other closed
receptacles containing any hazardous substance, or threat
thereof, but excludes:
(a) Any release that results in exposure to a person solely
within a workplace, with respect to a claim that the person may
assert against the person's employer under ORS chapter 656;
(b) Emissions from the engine exhaust of a motor vehicle,
rolling stock, aircraft, vessel or pipeline pumping station
engine;
(c) Any release of source, by-product or special nuclear
material from a nuclear incident, as those terms are defined in
the Atomic Energy Act of 1954, as amended, if the release is
subject to requirements with respect to financial protection
established by the Nuclear Regulatory Commission under section
170 of the Atomic Energy Act of 1954, as amended, or, for the
purposes of ORS 465.260 or any other removal or remedial action,
any release of source by-product or special nuclear material from
any processing site designated under section 102(a)(1) or 302(a)
of the Uranium Mill Tailings Radiation Control Act of 1978; and
(d) The normal application of fertilizer.
(23) 'Remedial action' means those actions consistent with a
permanent remedial action taken instead of or in addition to
removal actions in the event of a release or threatened release
of a hazardous substance into the environment, to prevent or
minimize the release of a hazardous substance so that it does not
migrate to cause substantial danger to present or future public
health, safety, welfare or the environment. 'Remedial action'
includes, but is not limited to:
(a) Such actions at the location of the release as storage,
confinement, perimeter protection using dikes, trenches or
ditches, clay cover, neutralization, cleanup of released
hazardous substances and associated contaminated materials,
recycling or reuse, diversion, destruction, segregation of
reactive wastes, dredging or excavations, repair or replacement
of leaking containers, collection of leachate and runoff, on-site
treatment or incineration, provision of alternative drinking and
household water supplies, and any monitoring reasonably required
to assure that the actions protect the public health, safety,
welfare and the environment.
(b) Offsite transport and offsite storage, treatment,
destruction or secure disposition of hazardous substances and
associated, contaminated materials.
(c) Such actions as may be necessary to monitor, assess,
evaluate or investigate a release or threat of release.
(24) 'Remedial action costs' means reasonable costs which are
attributable to or associated with a removal or remedial action
at a facility, including but not limited to the costs of
administration, investigation, legal or enforcement activities,
contracts and health studies.
(25) 'Removal' means the cleanup or removal of a released
hazardous substance from the environment, such actions as may be
necessary taken in the event of the threat of release of a
hazardous substance into the environment, such actions as may be
necessary to monitor, assess and evaluate the release or threat
of release of a hazardous substance, the disposal of removed
material, or the taking of such other actions as may be necessary
to prevent, minimize or mitigate damage to the public health,
safety, welfare or to the environment, that may otherwise result
from a release or threat of release. 'Removal' also includes but
is not limited to security fencing or other measures to limit
access, provision of alternative drinking and household water
supplies, temporary evacuation and housing of threatened
individuals and action taken under ORS 465.260.
(26) 'Retail sale or transfer' means a transfer of title or
possession, exchange or barter, conditional or otherwise, for a
purpose other than resale in the ordinary course of business.
(27) 'Transport' means the movement of a hazardous substance by
any mode, including pipeline and in the case of a hazardous
substance that has been accepted for transportation by a common
or contract carrier, the term 'transport' shall include any
stoppage in transit that is temporary, incidental to the
transportation movement, and at the ordinary operating
convenience of a common or contract carrier, and any such
stoppage shall be considered as a continuity of movement and not
as the storage of a hazardous substance.
(28) 'Underground storage tank' has the meaning given that term
in ORS 466.706.
(29) 'Waters of the state' has the meaning given that term in
ORS 468B.005.
SECTION 34. ORS 466.005 is amended to read:
466.005. As used in ORS 453.635 and 466.005 to 466.385 and
466.992, unless the context requires otherwise:
(1) 'Commission' means the Environmental Quality Commission.
(2) 'Department' means the Department of Environmental Quality.
(3) 'Director' means the Director of the Department of
Environmental Quality.
(4) 'Dispose' or 'disposal' means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any hazardous
waste into or on any land or water so that the hazardous waste or
any hazardous constituent thereof may enter the environment or be
emitted into the air or discharged into any waters of the state
as defined in ORS 468B.005.
(5) 'Facility' means all contiguous land, structures, other
appurtenances and improvements on the land used for treating,
storing or disposing of hazardous waste. 'Facility' may consist
of one or more treatment, storage or disposal operational units.
(6) 'Generator' means the person, who by virtue of ownership,
management or control, is responsible for causing or allowing to
be caused the creation of a hazardous waste.
(7) 'Hazardous waste' does not include radioactive material or
the radioactively contaminated containers and receptacles used in
the transportation, storage, use or application of radioactive
waste, unless the material, container or receptacle is classified
as hazardous waste under paragraph (a), (b) or (c) of this
subsection on some basis other than the radioactivity of the
material, container or receptacle. Hazardous waste does include
all of the following which are not declassified by the commission
under ORS 466.015 (3):
(a) Discarded, useless or unwanted materials or residues
resulting from any substance or combination of substances
intended for the purpose of defoliating plants or for the
preventing, destroying, repelling or mitigating of insects,
fungi, weeds, rodents or predatory animals, including but not
limited to defoliants, desiccants, fungicides, herbicides,
insecticides, nematocides and rodenticides.
(b) Residues resulting from any process of industry,
manufacturing, trade or business or government or from the
development or recovery of any natural resources, if such
residues are classified as hazardous by order of the commission,
after notice and public hearing. For purposes of classification,
the commission must find that the residue, because of its
quantity, concentration, or physical, chemical or infectious
characteristics may:
(A) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness; or
(B) Pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
(c) Discarded, useless or unwanted containers and receptacles
used in the transportation, storage, use or application of the
substances described in paragraphs (a) and (b) of this
subsection.
(8) 'Hazardous waste disposal site' means a geographical site
in which or upon which hazardous waste is disposed.
(9) 'Hazardous waste storage site' means the geographical site
upon which hazardous waste is stored.
(10) 'Hazardous waste treatment site' means the geographical
site upon which or a facility in which hazardous waste is
treated.
(11) 'Manifest' means the form used for identifying the
quantity, composition, and the origin, routing and destination of
hazardous waste during its transportation from the point of
generation to the point of disposal, treatment or storage.
(12) 'PCB' has the meaning given that term in ORS 466.505.
(13) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm { - , trust,
estate - } or any other legal entity.
(14) 'Store' or 'storage' means the containment of hazardous
waste either on a temporary basis or for a period of years, in a
manner that does not constitute disposal of the hazardous waste.
(15) 'Transporter' means any person engaged in the
transportation of hazardous waste by any means.
(16) 'Treat' or 'treatment' means any method, technique,
activity or process, including but not limited to neutralization,
designed to change the physical, chemical, or biological
character or composition of any hazardous waste so as to
neutralize the waste or so as to render the waste nonhazardous,
safer for transport, amenable for recovery, amenable for storage,
or reduced in volume.
SECTION 35. ORS 466.605 is amended to read:
466.605. As used in ORS 466.605 to 466.680 and 466.990 (3) and
(4):
(1) 'Barrel' means 42 U.S. gallons at 60 degrees Fahrenheit.
(2) 'Cleanup' means the containment, collection, removal,
treatment or disposal of oil or hazardous material; site
restoration; and any investigations, monitoring, surveys, testing
and other information gathering required or conducted by the
Department of Environmental Quality.
(3) 'Cleanup costs' means all costs associated with the cleanup
of a spill or release incurred by the state, its political
subdivision or any person with written approval from the
department when implementing ORS 466.205, 466.605 to 466.680,
466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4) 'Commission' means the Environmental Quality Commission.
(5) 'Department' means the Department of Environmental Quality.
(6) 'Director' means the Director of the Department of
Environmental Quality.
(7) 'Hazardous material' means one of the following:
(a) A material designated by the commission under ORS 466.630.
(b) Hazardous waste as defined in ORS 466.005.
(c) Radioactive waste as defined in ORS 469.300, radioactive
material identified by the Energy Facility Siting Council under
ORS 469.605 and radioactive substances as defined in ORS 453.005.
(d) Communicable disease agents as regulated by the Department
of Human Services under ORS 431.035 to 431.530, 433.001 to
433.045 and 433.110 to 433.770.
(e) Hazardous substances designated by the United States
Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
(8) 'Oils' or 'oil' includes gasoline, crude oil, fuel oil,
diesel oil, lubricating oil, sludge, oil refuse and any other
petroleum related product.
(9) 'Person' means an individual, { - trust, - } firm, joint
stock company, corporation, partnership, association, municipal
corporation, political subdivision, interstate body, the state
and any agency or commission thereof and the federal government
and any agency thereof.
(10) 'Reportable quantity' means one of the following:
(a) A quantity designated by the commission under ORS 466.625.
(b) The lesser of:
(A) The quantity designated for hazardous substances by the
United States Environmental Protection Agency pursuant to section
311 of the Federal Water Pollution Control Act, P.L. 92-500, as
amended;
(B) The quantity designated for hazardous waste under ORS
466.005 to 466.385, 466.990 (1) and (2) and 466.992;
(C) Any quantity of radioactive material, radioactive substance
or radioactive waste;
(D) If spilled into waters of the state, or escape into waters
of the state is likely, any quantity of oil that would produce a
visible oily slick, oily solids, or coat aquatic life, habitat or
property with oil, but excluding normal discharges from properly
operating marine engines; or
(E) If spilled on land, any quantity of oil over one barrel.
(c) Ten pounds unless otherwise designated by the commission
under ORS 466.625.
(11) 'Respond' or 'response' means:
(a) Actions taken to monitor, assess and evaluate a spill or
release or threatened spill or release of oil or hazardous
material;
(b) First aid, rescue or medical services, and fire
suppression; or
(c) Containment or other actions appropriate to prevent,
minimize or mitigate damage to the public health, safety, welfare
or the environment which may result from a spill or release or
threatened spill or release if action is not taken.
(12) 'Spill or release' means the discharge, deposit,
injection, dumping, spilling, emitting, releasing, leaking or
placing of any oil or hazardous material into the air or into or
on any land or waters of the state, as defined in ORS 468B.005,
except as authorized by a permit issued under ORS chapter 454,
459, 459A, 468, 468A, 468B or 469, ORS 466.005 to 466.385,
466.990 (1) and (2) or 466.992 or federal law or while being
stored or used for its intended purpose.
(13) 'Threatened spill or release' means oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of the state.
SECTION 36. ORS 466.706 is amended to read:
466.706. As used in ORS 466.706 to 466.882 and 466.994:
(1) 'Commercial lending institution' means any financial
institution or trust company, as those terms are defined in ORS
706.008, or any cooperative financial institution regulated by an
agency of the federal government or this state.
(2) 'Commission' means the Environmental Quality Commission.
(3) 'Corrective action' means remedial action taken to protect
the present or future public health, safety, welfare or the
environment from a release of a regulated substance. '
Corrective action' includes but is not limited to:
(a) The prevention, elimination, removal, abatement, control,
minimization, investigation, assessment, evaluation or monitoring
of a hazard or potential hazard or threat, including migration of
a regulated substance; or
(b) Transportation, storage, treatment or disposal of a
regulated substance or contaminated material from a site.
(4) 'Decommission' means to remove from operation an
underground storage tank, including temporary or permanent
removal from operation, abandonment in place or removal from the
ground.
(5) 'Department' means the Department of Environmental Quality.
(6) 'Facility' means any one or combination of underground
storage tanks and underground pipes connected to the tanks, used
to contain an accumulation of motor fuel, including gasoline or
diesel oil, that are located at one contiguous geographical site.
(7) 'Fee' means a fixed charge or service charge.
(8) 'Guarantor' means any person other than the permittee who
by guaranty, insurance, letter of credit or other acceptable
device, provides financial responsibility for an underground
storage tank as required under ORS 466.815.
(9) 'Heating oil tank' means an aboveground or underground tank
and pipes connected to the tank that contain heating oil for
heating a building with human habitation or water heating not
used for commercial processing.
(10) 'Heating oil tank service' means the decommissioning of a
heating oil tank or the performance of corrective action
necessary as a result of a release of oil from a heating oil
tank.
(11) 'Investigation' means monitoring, surveying, testing or
other information gathering.
(12) 'Local unit of government' means a city, county, special
service district, metropolitan service district created under ORS
chapter 268 or a political subdivision of the state.
(13) 'Oil' means gasoline, crude oil, fuel oil, diesel oil,
lubricating oil, sludge, oil refuse and any other petroleum
related product or fraction thereof that is liquid at a
temperature of 60 degrees Fahrenheit and a pressure of 14.7
pounds per square inch absolute.
(14) 'Owner' means the owner of an underground storage tank.
(15) 'Permittee' means the owner or a person designated by the
owner who is in control of or has responsibility for the daily
operation or maintenance of an underground storage tank under a
permit issued pursuant to ORS 466.760.
(16) 'Person' means an individual, { - trust, - } firm,
joint stock company, corporation, partnership, joint venture,
consortium, association, state, municipality, commission,
political subdivision of a state or any interstate body, any
commercial entity or the federal government or any agency of the
federal government.
(17) 'Regulated substance' means:
(a) Any substance listed by the United States Environmental
Protection Agency in 40 C.F.R. Table 302.4 pursuant to the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 as amended (P.L. 96-510 and P.L. 98-80), but not
including any substance regulated as a hazardous waste under 40
C.F.R. part 261 and OAR 340 Division 101;
(b) Oil; or
(c) Any other substance designated by the commission under ORS
466.630.
(18) 'Release' means the discharge, deposit, injection,
dumping, spilling, emitting, leaking or placing of a regulated
substance from an underground storage tank into the air or into
or on land or the waters of the state, other than as authorized
by a permit issued under state or federal law.
(19) 'Stage I vapor collection system' means a system where
gasoline vapors are forced from a tank into a vapor-tight holding
system or vapor control system through direct displacement by the
gasoline being loaded.
(20) 'Stage II vapor collection system' means a system where at
least 90 percent, by weight, of the gasoline vapors that are
displaced or drawn from a vehicle fuel tank during refueling are
transferred to a vapor-tight holding system or vapor control
system.
(21) 'Underground storage tank' means any one or combination of
tanks and underground pipes connected to the tank, used to
contain an accumulation of a regulated substance, and the volume
of which, including the volume of the underground pipes connected
to the tank, is 10 percent or more beneath the surface of the
ground.
(22) 'Waters of the state' has the meaning given that term in
ORS 468B.005.
SECTION 37. ORS 468.076 is amended to read:
468.076. As used in ORS 468.076 to 468.089:
(1) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, association, joint venture,
government in its private or public capacity, governmental
subdivision or agency, or any other legal entity.
(2) 'Reciprocating jurisdiction' means a state of the United
States of America, the District of Columbia, the Commonwealth of
Puerto Rico, a territory or possession of the United States of
America or a province or territory of Canada, that has enacted an
Act to provide substantially equivalent access to its courts and
administrative agencies as provided in ORS 468.076 to 468.087.
SECTION 38. ORS 474.005 is amended to read:
474.005. As used in ORS 474.005 to 474.095, unless the context
requires otherwise:
(1) 'Importer' means any wholesale distributor importing malt
beverages into this state for sale to retailer accounts or for
sale to other wholesalers designated as subjobbers for resale.
(2) 'Malt beverage manufacturer' means any manufacturer,
brewer, importer or master distributor of malt beverages located
within or outside this state, or any other person, whether
located within or outside this state who enters into an agreement
of distributorship for the resale of malt beverages in this state
with any wholesale distributor doing business in the State of
Oregon.
(3) 'Person' means any natural person, corporation,
partnership, { - trust, - } agency or other entity, as well as
any individual officers, directors or other persons in active
control of the activities of such entity.
(4) 'Supplier' means any malt beverage manufacturer, agent of a
malt beverage manufacturer, importer or holder of a certificate
under ORS 471.244 who enters into or is a party to any wholesale
distribution agreement with a wholesale distributor.
(5) 'Wholesale distribution agreement' means any contract,
agreement, commercial relationship, license, association or any
other arrangement for a definite or indefinite period between a
supplier and wholesale distributor.
(6) 'Wholesale distributor' means any person importing or
causing to be imported into this state, or purchasing or causing
to be purchased within this state, any malt beverage for sale or
resale to retailers licensed under the laws of this state,
regardless of whether the business of such person is conducted
under the terms of any agreement with a malt beverage
manufacturer.
SECTION 39. ORS 475.005 is amended to read:
475.005. As used in ORS 475.005 to 475.285 and 475.840 to
475.980, unless the context requires otherwise:
(1) 'Abuse' means the repetitive excessive use of a drug short
of dependence, without legal or medical supervision, which may
have a detrimental effect on the individual or society.
(2) 'Administer' means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any
other means, to the body of a patient or research subject by:
(a) A practitioner or an authorized agent thereof; or
(b) The patient or research subject at the direction of the
practitioner.
(3) 'Administration' means the Drug Enforcement Administration
of the United States Department of Justice, or its successor
agency.
(4) 'Agent' means an authorized person who acts on behalf of or
at the direction of a manufacturer, distributor or dispenser. It
does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
(5) 'Board' means the State Board of Pharmacy.
(6) 'Controlled substance' means a drug or its immediate
precursor classified in Schedules I through V under the federal
Controlled Substances Act, 21 U.S.C. 811 to 812, as modified
under ORS 475.035. The use of the term 'precursor' in this
subsection does not control and is not controlled by the use of
the term ' precursor' in ORS 475.840 to 475.980.
(7) 'Counterfeit substance' means a controlled substance or its
container or labeling, which, without authorization, bears the
trademark, trade name, or other identifying mark, imprint, number
or device, or any likeness thereof, of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, delivered or dispensed the substance.
(8) 'Deliver' or 'delivery' means the actual, constructive or
attempted transfer, other than by administering or dispensing,
from one person to another of a controlled substance, whether or
not there is an agency relationship.
(9) 'Device' means instruments, apparatus or contrivances,
including their components, parts or accessories, intended:
(a) For use in the diagnosis, cure, mitigation, treatment or
prevention of disease in humans or animals; or
(b) To affect the structure of any function of the body of
humans or animals.
(10) 'Dispense' means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful
order of a practitioner, and includes the prescribing,
administering, packaging, labeling or compounding necessary to
prepare the substance for that delivery.
(11) 'Dispenser' means a practitioner who dispenses.
(12) 'Distributor' means a person who delivers.
(13) 'Drug' means:
(a) Substances recognized as drugs in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States or official National Formulary, or any supplement
to any of them;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or
animals;
(c) Substances (other than food) intended to affect the
structure or any function of the body of humans or animals; and
(d) Substances intended for use as a component of any article
specified in paragraph (a), (b) or (c) of this subsection;
however, the term does not include devices or their components,
parts or accessories.
(14) 'Electronically transmitted' or 'electronic transmission'
means a communication sent or received through technological
apparatuses, including computer terminals or other equipment or
mechanisms linked by telephone or microwave relays, or any
similar apparatus having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
(15) 'Manufacture' means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly by extraction
from substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging of
the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of
a controlled substance:
(a) By a practitioner as an incident to administering or
dispensing of a controlled substance in the course of
professional practice; or
(b) By a practitioner, or by an authorized agent under the
practitioner's supervision, for the purpose of, or as an incident
to, research, teaching or chemical analysis and not for sale.
(16) 'Marijuana' means all parts of the plant Cannabis family
Moraceae, whether growing or not; the resin extracted from any
part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its resin. It
does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination.
(17) 'Person' includes a government subdivision or agency,
business trust { - , estate, trust - } or any other legal
entity.
(18) 'Practitioner' means physician, dentist, veterinarian,
scientific investigator, certified nurse practitioner, physician
assistant or other person licensed, registered or otherwise
permitted by law to dispense, conduct research with respect to or
to administer a controlled substance in the course of
professional practice or research in this state but does not
include a pharmacist or a pharmacy.
(19) 'Prescription' means a written, oral or electronically
transmitted direction, given by a practitioner for the
preparation and use of a drug. When the context requires,
'prescription ' also means the drug prepared under such written,
oral or electronically transmitted direction. Any label affixed
to a drug prepared under written, oral or electronically
transmitted direction shall prominently display a warning that
the removal thereof is prohibited by law.
(20) 'Production' includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(21) 'Research' means an activity conducted by the person
registered with the federal Drug Enforcement Administration
pursuant to a protocol approved by the United States Food and
Drug Administration.
(22) 'Ultimate user' means a person who lawfully possesses a
controlled substance for the use of the person or for the use of
a member of the household of the person or for administering to
an animal owned by the person or by a member of the household of
the person.
SECTION 40. ORS 520.005 is amended to read:
520.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Condensate' means liquid hydrocarbons that were originally
in the gaseous phase in the reservoir.
(2) 'Field' means the general area underlaid by one or more
pools.
(3) 'Gas' means all natural gas and all other fluid
hydrocarbons not defined as oil in subsection (5) of this
section, including condensate originally in the gaseous phase in
the reservoir.
(4) 'Information hole' means a hole drilled for information
purposes only, including but not limited to core holes,
stratigraphic holes or other test holes.
(5) 'Oil' means crude petroleum oil and all other hydrocarbons,
regardless of gravity, that are produced in liquid form by
ordinary production methods, but does not include liquid
hydrocarbons that were originally in a gaseous phase in the
reservoir.
(6) 'Person' means any natural person, partnership,
corporation, association, receiver, { - trustee, - } guardian,
fiduciary, { - executor, - } administrator, representative of
any kind, or the State of Oregon and any public body as defined
in ORS 174.109.
(7) 'Pool' means an underground reservoir containing a common
accumulation of oil and natural gas. A zone of a structure that
is completely separated from any other zone in the same structure
is a pool.
(8) 'Owner' means a person who has the right to drill into and
to produce from any pool and to appropriate the oil or gas
produced therefrom either for others, for the person or for the
person and others.
(9) 'Protect correlative rights' means that the action or
regulation by the board affords a reasonable opportunity to each
person entitled thereto to recover or receive the oil or gas in
the tract or tracts of the person or the equivalent thereof,
without being required to drill unnecessary wells or to incur
other unnecessary expense to recover or receive such oil or gas
or its equivalent.
(10) 'Seismic program' means the collection of seismic
exploration data through a continuous field operation.
(11) 'Sidetrack' means to reenter a well from the well's
surface location with drilling equipment for the purpose of
deviating from the existing well bore to achieve production from
an alternate zone or bottom hole location, or to remedy an
engineering problem encountered in the existing well bore.
(12) 'Unit area' means one or more pools or parts thereof under
unit operation pursuant to ORS 520.260 to 520.330 and 520.230
(2).
(13) 'Underground reservoir' means any subsurface sand, strata,
formation, aquifer, cavern or void whether natural or
artificially created, suitable for the injection and storage of
natural gas therein and the withdrawal of natural gas therefrom,
but excluding a pool.
(14) 'Underground storage' means the process of injecting and
storing natural gas within and withdrawing natural gas from an
underground reservoir.
(15) 'Waste of oil or gas' means:
(a) The inefficient, excessive or improper use or dissipation
of reservoir energy of any pool, or the locating, spacing,
drilling, equipping, operating or producing of any oil well or
gas well in a manner that results or may result in reducing the
quantity of oil or gas ultimately recoverable from any pool; or
(b) The inefficient storing of oil and the locating, spacing,
drilling, equipping, operating or producing of oil wells or gas
wells in a manner that causes or may cause unnecessary or
excessive surface loss or destruction of oil or gas.
(16)(a) 'Well' means a well drilled for the purpose of
producing or storing oil or gas or other gaseous substances,
reservoir pressure maintenance, disposal of produced fluids, and
injection of water as part of a water flood.
(b) 'Well' includes a well drilled in search of a new or
undiscovered pool, or with the intent of extending the limits of
a developed pool.
(c) 'Well' does not include an information hole or a hole
drilled as part of a seismic program.
SECTION 41. ORS 645.005 is amended to read:
645.005. As used in this chapter:
(1) 'Board of trade' means any person or persons engaged in
buying or selling any commodity or receiving the same for sale on
consignment, whether such person or persons are characterized as
a board of trade, exchange or other form of marketplace.
(2) 'Commodity' means, except as otherwise specified by the
director by rule, all goods, articles, products, foreign currency
or items of any kind. 'Commodity' does not include real property
or any timber, agricultural or livestock product grown or raised
on real property and offered or sold by the owner or lessee of
such real property.
(3) 'Commodity contract':
(a) Means any account, agreement or contract for the purchase
or sale of one or more commodities, however characterized, which
is primarily for speculation or investment purposes and not for
use or consumption by the offeree or purchaser or between persons
engaged in producing, processing, using commercially or handling
as merchants the commodity or any by-product thereof. Any
contract for one or more commodities offered or sold shall, in
the absence of evidence to the contrary, be presumed to be
offered or sold for speculation or investment purposes; and
(b) Does not include any contract or agreement which requires,
and under which the purchaser receives within 28 days of payment
of any portion of the purchase price, physical delivery of the
total amount of each commodity to be purchased under the contract
or agreement.
(4) 'Commodity merchant' means any person, other than a futures
association, required to register with the Commodity Futures
Trading Commission.
(5) 'Commodity option':
(a) Means any account, agreement or contract giving a party
thereto the right but not the obligation to purchase or sell one
or more commodities or one or more commodity contracts, whether
characterized as an option, privilege, indemnity, bid, offer,
put, call, advance guaranty, decline guaranty or otherwise; and
(b) Does not include an option traded on a national securities
exchange registered with the federal Securities and Exchange
Commission.
(6) 'Director' means the Director of the Department of Consumer
and Business Services or an agent or employee authorized to act
on the director's behalf.
(7) 'Financial institution' means an insured institution or
trust company as those terms are defined in ORS 706.008.
(8) 'Fraud,' 'deceit' and 'defraud' are not limited to
common-law deceit.
(9) 'Offer' includes every offer to sell, offer to purchase or
offer to enter into a commodity contract or commodity option.
(10) 'Person' includes an individual, a joint venture, a
partnership, a cooperative, an association, a joint stock
company, a corporation, { - a trust, - } an unincorporated
organization, a government or a political subdivision of a
government.
(11) 'Sale' or 'sell' includes every sale, contract of sale,
contract to sell or disposition for value.
SECTION 42. ORS 646.461 is amended to read:
646.461. As used in ORS 646.461 to 646.475, unless the context
otherwise requires:
(1) 'Improper means' includes theft, bribery,
misrepresentation, breach or inducement of a breach of a duty to
maintain secrecy or espionage through electronic or other means.
Reverse engineering and independent development alone shall not
be considered improper means.
(2) 'Misappropriation' means:
(a) Acquisition of a trade secret of another by a person who
knows or has reason to know that the trade secret was acquired by
improper means;
(b) Disclosure or use of a trade secret of another without
express or implied consent by a person who used improper means to
acquire knowledge of the trade secret;
(c) Disclosure or use of a trade secret of another without
express or implied consent by a person who, before a material
change of position, knew or had reason to know that it was a
trade secret and that knowledge of it had been acquired by
accident or mistake; or
(d) Disclosure or use of a trade secret of another without
express or implied consent by a person, who at the time of
disclosure or use, knew or had reason to know that the knowledge
of the trade secret was:
(A) Derived from or through a person who had utilized improper
means to acquire it;
(B) Acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use; or
(C) Derived from or through a person who owed a duty to the
person seeking relief to maintain its secrecy or limit its use.
(3) 'Person' means a natural person, corporation, business
trust, { - estate, trust, - } partnership, association, joint
venture, government, governmental subdivision or agency or any
other legal or commercial entity.
(4) 'Trade secret' means information, including a drawing, cost
data, customer list, formula, pattern, compilation, program,
device, method, technique or process that:
(a) Derives independent economic value, actual or potential,
from not being generally known to the public or to other persons
who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
SECTION 43. ORS 646.605 is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study or copying of any such material, and taking
testimony under oath or acknowledgment in respect of any such
documentary material or copy thereof.
(4) 'Person' means natural persons, corporations,
{ - trusts, - } partnerships, incorporated or unincorporated
associations and any other legal entity except bodies or officers
acting under statutory authority of this state or the United
States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Real estate, goods or services' means those that are or
may be obtained primarily for personal, family or household
purposes, or that are or may be obtained for any purposes as a
result of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. Except as provided in section 2,
chapter 658, Oregon Laws 2003, real estate does not cover conduct
covered by ORS chapter 90.
(7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055.
(b) A real estate licensee or a person who is otherwise
authorized to engage in professional real estate activity
pursuant to ORS chapter 696, when the solicitation involves
professional real estate activity.
(c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure.
(d) A person licensed or otherwise authorized to sell insurance
as an insurance producer pursuant to ORS chapter 744, when the
solicitation involves insurance.
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club.
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser.
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States.
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans.
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services.
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon.
(k) A person who sells farm products as defined by ORS 576.006
if the solicitation neither intends to nor actually results in a
sale that costs the purchaser in excess of $100.
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section.
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services.
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and include any trade or commerce
directly or indirectly affecting the people of this state.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
(11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
(a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in
obtaining the loan;
(e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
(f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
SECTION 44. ORS 646.605, as amended by section 12, chapter 658,
Oregon Laws 2003, section 199, chapter 71, Oregon Laws 2007, and
section 32, chapter 319, Oregon Laws 2007, is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study or copying of any such material, and taking
testimony under oath or acknowledgment in respect of any such
documentary material or copy thereof.
(4) 'Person' means natural persons, corporations,
{ - trusts, - } partnerships, incorporated or unincorporated
associations and any other legal entity except bodies or officers
acting under statutory authority of this state or the United
States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Real estate, goods or services' means those that are or
may be obtained primarily for personal, family or household
purposes, or that are or may be obtained for any purposes as a
result of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. Real estate does not cover conduct
covered by ORS chapter 90.
(7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055.
(b) A real estate licensee or a person who is otherwise
authorized to engage in professional real estate activity
pursuant to ORS chapter 696, when the solicitation involves
professional real estate activity.
(c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure.
(d) A person licensed or otherwise authorized to sell insurance
as an insurance producer pursuant to ORS chapter 744, when the
solicitation involves insurance.
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club.
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser.
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States.
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans.
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services.
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon.
(k) A person who sells farm products as defined by ORS 576.006
if the solicitation neither intends to nor actually results in a
sale that costs the purchaser in excess of $100.
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section.
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services.
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and include any trade or commerce
directly or indirectly affecting the people of this state.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
(11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
(a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in
obtaining the loan;
(e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
(f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
SECTION 45. ORS 646.639 is amended to read:
646.639. (1) As used in subsection (2) of this section:
(a) 'Consumer' means a natural person who purchases or acquires
property, services or credit for personal, family or household
purposes.
(b) 'Consumer transaction' means a transaction between a
consumer and a person who sells, leases or provides property,
services or credit to consumers.
(c) 'Commercial creditor' means a person who in the ordinary
course of business engages in consumer transactions.
(d) 'Credit' means the right granted by a creditor to a
consumer to defer payment of a debt, to incur a debt and defer
its payment, or to purchase or acquire property or services and
defer payment therefor.
(e) 'Debt' means any obligation or alleged obligation arising
out of a consumer transaction.
(f) 'Debtor' means a consumer who owes or allegedly owes an
obligation arising out of a consumer transaction.
(g) 'Debt collector' means any person who by any direct or
indirect action, conduct or practice, enforces or attempts to
enforce an obligation that is owed or due to any commercial
creditor, or alleged to be owed or due to any commercial
creditor, by a consumer as a result of a consumer transaction.
(h) 'Person' means an individual, corporation, { - trust, - }
partnership, incorporated or unincorporated association or any
other legal entity.
(2) It shall be an unlawful collection practice for a debt
collector, while collecting or attempting to collect a debt to do
any of the following:
(a) Use or threaten the use of force or violence to cause
physical harm to a debtor or to the debtor's family or property.
(b) Threaten arrest or criminal prosecution.
(c) Threaten the seizure, attachment or sale of a debtor's
property when such action can only be taken pursuant to court
order without disclosing that prior court proceedings are
required.
(d) Use profane, obscene or abusive language in communicating
with a debtor or the debtor's family.
(e) Communicate with the debtor or any member of the debtor's
family repeatedly or continuously or at times known to be
inconvenient to that person with intent to harass or annoy the
debtor or any member of the debtor's family.
(f) Communicate or threaten to communicate with a debtor's
employer concerning the nature or existence of the debt.
(g) Communicate without the debtor's permission or threaten to
communicate with the debtor at the debtor's place of employment
if the place is other than the debtor's residence, except that
the debt collector may:
(A) Write to the debtor at the debtor's place of employment if
no home address is reasonably available and if the envelope does
not reveal that the communication is from a debt collector other
than a provider of the goods, services or credit from which the
debt arose.
(B) Telephone a debtor's place of employment without informing
any other person of the nature of the call or identifying the
caller as a debt collector but only if the debt collector in good
faith has made an unsuccessful attempt to telephone the debtor at
the debtor's residence during the day or during the evening
between the hours of 6 p.m. and 9 p.m. The debt collector may not
contact the debtor at the debtor's place of employment more
frequently than once each business week and may not telephone the
debtor at the debtor's place of employment if the debtor notifies
the debt collector not to telephone at the debtor's place of
employment or if the debt collector knows or has reason to know
that the debtor's employer prohibits the debtor from receiving
such communication. For the purposes of this subparagraph, any
language in any instrument creating the debt which purports to
authorize telephone calls at the debtor's place of employment
shall not be considered as giving permission to the debt
collector to call the debtor at the debtor's place of employment.
(h) Communicate with the debtor in writing without clearly
identifying the name of the debt collector, the name of the
person, if any, for whom the debt collector is attempting to
collect the debt and the debt collector's business address, on
all initial communications. In subsequent communications
involving multiple accounts, the debt collector may eliminate the
name of the person, if any, for whom the debt collector is
attempting to collect the debt, and the term 'various' may be
substituted in its place.
(i) Communicate with the debtor orally without disclosing to
the debtor within 30 seconds the name of the individual making
the contact and the true purpose thereof.
(j) Cause any expense to the debtor in the form of long
distance telephone calls, telegram fees or other charges incurred
by a medium of communication, by concealing the true purpose of
the debt collector's communication.
(k) Attempt to or threaten to enforce a right or remedy with
knowledge or reason to know that the right or remedy does not
exist, or threaten to take any action which the debt collector in
the regular course of business does not take.
(L) Use any form of communication which simulates legal or
judicial process or which gives the appearance of being
authorized, issued or approved by a governmental agency,
governmental official or an attorney at law when it is not in
fact so approved or authorized.
(m) Represent that an existing debt may be increased by the
addition of attorney fees, investigation fees or any other fees
or charges when such fees or charges may not legally be added to
the existing debt.
(n) Collect or attempt to collect any interest or any other
charges or fees in excess of the actual debt unless they are
expressly authorized by the agreement creating the debt or
expressly allowed by law.
(o) Threaten to assign or sell the debtor's account with an
attending misrepresentation or implication that the debtor would
lose any defense to the debt or would be subjected to harsh,
vindictive or abusive collection tactics.
(3) It shall be an unlawful collection practice for a debt
collector, by use of any direct or indirect action, conduct or
practice, to enforce or attempt to enforce an obligation made
void and unenforceable by the provisions of ORS 759.720 (3) to
(5).
SECTION 46. ORS 646A.602 is amended to read:
646A.602. As used in ORS 646A.600 to 646A.628:
(1)(a) 'Breach of security' means unauthorized acquisition of
computerized data that materially compromises the security,
confidentiality or integrity of personal information maintained
by the person.
(b) 'Breach of security' does not include good-faith
acquisition of personal information by a person or that person's
employee or agent for a legitimate purpose of that person if the
personal information is not used in violation of applicable law
or in a manner that harms or poses an actual threat to the
security, confidentiality or integrity of the personal
information.
(2) 'Consumer' means an individual who is also a resident of
this state.
(3) 'Consumer report' means a consumer report as described in
section 603(d) of the federal Fair Credit Reporting Act (15
U.S.C. 1681a(d)), as that Act existed on October 1, 2007, that is
compiled and maintained by a consumer reporting agency.
(4) 'Consumer reporting agency' means a consumer reporting
agency as described in section 603(p) of the federal Fair Credit
Reporting Act (15 U.S.C. 1681a(p)) as that Act existed on October
1, 2007.
(5) 'Debt' means any obligation or alleged obligation arising
out of a consumer transaction, as defined in ORS 646.639.
(6) 'Encryption' means the use of an algorithmic process to
transform data into a form in which the data is rendered
unreadable or unusable without the use of a confidential process
or key.
(7) 'Extension of credit' means the right to defer payment of
debt or to incur debt and defer its payment offered or granted
primarily for personal, family or household purposes.
(8) 'Identity theft' has the meaning set forth in ORS 165.800.
(9) 'Identity theft declaration' means a completed and signed
statement documenting alleged identity theft, using the form
available from the Federal Trade Commission, or another
substantially similar form.
(10) 'Person' means any individual, private or public
corporation, partnership, cooperative, association,
{ - estate, - } limited liability company, organization or other
entity, whether or not organized to operate at a profit, or a
public body as defined in ORS 174.109.
(11) 'Personal information':
(a) Means a consumer's first name or first initial and last
name in combination with any one or more of the following data
elements, when the data elements are not rendered unusable
through encryption, redaction or other methods, or when the data
elements are encrypted and the encryption key has also been
acquired:
(A) Social Security number;
(B) Driver license number or state identification card number
issued by the Department of Transportation;
(C) Passport number or other United States issued
identification number; or
(D) Financial account number, credit or debit card number, in
combination with any required security code, access code or
password that would permit access to a consumer's financial
account.
(b) Means any of the data elements or any combination of the
data elements described in paragraph (a) of this subsection when
not combined with the consumer's first name or first initial and
last name and when the data elements are not rendered unusable
through encryption, redaction or other methods, if the
information obtained would be sufficient to permit a person to
commit identity theft against the consumer whose information was
compromised.
(c) Does not include information, other than a Social Security
number, in a federal, state or local government record that is
lawfully made available to the public.
(12) 'Redacted' means altered or truncated so that no more than
the last four digits of a Social Security number, driver license
number, state identification card number, account number or
credit or debit card number is accessible as part of the data.
(13) 'Security freeze' means a notice placed in a consumer
report, at the request of a consumer and subject to certain
exemptions, that prohibits the consumer reporting agency from
releasing the consumer report for the extension of credit unless
the consumer has temporarily lifted or removed the freeze.
SECTION 47. ORS 648.005 is amended to read:
648.005. As used in this chapter:
(1) 'Assumed business name' means one or more words or
numerals, or a combination of words and numerals, that a person
uses to identify any business that the person carries on,
conducts or transacts, if at the time and place that the person
carries on, conducts or transacts the business, the person does
not conspicuously disclose the real and true name of each person
who is carrying on, conducting or transacting the business. Any
name that a person uses to identify a business that includes a
word or phrase that suggests the existence of additional owners,
such as ' Company,' '& Company,' '& Daughters,' '& Associates,'
or a similar word or phrase, is an assumed business name, unless
it is the real and true name of the person that carries on,
conducts or transacts the business.
(2) 'Business' includes activity carried on, conducted or
transacted by or on behalf of nonprofit, social, fraternal and
charitable entities and unincorporated associations, as well as
activity carried on, conducted or transacted for commercial gain.
(3) 'Carry on, conduct or transact business' means:
(a) To sell or to lease to another, real estate, goods,
intangible property or services;
(b) To purchase or to lease from another, real estate, goods,
intangible property or services;
(c) To solicit an investment in or a donation to a business;
(d) Knowingly to permit another person to solicit an investment
in or a donation to a business in which one has an interest; or
(e) To apply for an extension of credit.
(4) 'Entity' includes a foreign or domestic corporation,
foreign or domestic nonprofit corporation, foreign or domestic
profit or nonprofit unincorporated association, foreign or
domestic business trust, { - foreign or domestic estate, - }
foreign or domestic limited partnership, foreign or domestic
general partnership, foreign or domestic limited liability
company,
{ - foreign or domestic business trust, - } two or more
persons having a joint or common economic interest, any state,
the United States or any foreign government.
(5) 'Person' includes individual and entity.
(6) 'Real and true name' means:
(a) The surname of an individual coupled with a combination of
the individual's given names and initials;
(b) The corporate name of a domestic corporation stated in the
articles of incorporation or amendment filed with the Office of
the Secretary of State or the corporate name of a foreign
corporation as stated under ORS 60.707 (1);
(c) The name of a foreign or domestic limited partnership
stated in the documents filed with the Office of the Secretary of
State under ORS chapter 70;
(d) The name of a foreign or domestic limited liability company
stated in the documents filed with the Office of the Secretary of
State under ORS chapter 63;
(e) The name of a foreign or domestic nonprofit corporation
stated in the documents filed with the Office of the Secretary of
State under ORS chapter 65;
(f) The name of a foreign or domestic general partnership
stated in any documents filed with the Office of the Secretary of
State under this chapter; or
(g) The name of a foreign or domestic business trust or estate
stated in any documents filed with the Office of the Secretary of
State.
(7) 'Service mark' has the meaning given in ORS 647.005.
SECTION 48. ORS 659A.001, as amended by section 4, chapter 36,
Oregon Laws 2008, is amended to read:
659A.001. As used in this chapter:
(1) 'Bureau' means the Bureau of Labor and Industries.
(2) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(3) 'Employee' does not include any individual employed by the
individual's parents, spouse or child or in the domestic service
of any person.
(4) 'Employer' means any person who in this state, directly or
through an agent, engages or uses the personal service of one or
more employees, reserving the right to control the means by which
such service is or will be performed.
(5) 'Employment agency' includes any person undertaking to
procure employees or opportunities to work.
(6)(a) 'Familial status' means the relationship between one or
more individuals who have not attained 18 years of age and who
are domiciled with:
(A) A parent or another person having legal custody of the
individual; or
(B) The designee of the parent or other person having such
custody, with the written permission of the parent or other
person.
(b) 'Familial status' includes any individual, regardless of
age or domicile, who is pregnant or is in the process of securing
legal custody of an individual who has not attained 18 years of
age.
(7) 'Labor organization' includes any organization which is
constituted for the purpose, in whole or in part, of collective
bargaining or in dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in connection with employees.
(8) 'National origin' includes ancestry.
(9) 'Person' includes:
(a) One or more individuals, partnerships, associations, labor
organizations, limited liability companies, joint stock
companies, corporations, legal representatives,
{ - trustees, - } trustees in bankruptcy or receivers.
(b) A public body as defined in ORS 30.260.
(c) For purposes of ORS 659A.145 and 659A.421 and the
application of any federal housing law, a fiduciary, mutual
company, trust or unincorporated organization.
(10) 'Respondent' means any person against whom a complaint or
charge of an unlawful practice is filed with the commissioner or
whose name has been added to such complaint or charge pursuant to
ORS 659A.835.
(11) 'Unlawful employment practice' means a practice
specifically denominated as an unlawful employment practice in
this chapter. 'Unlawful employment practice' includes a practice
that is specifically denominated in another statute of this state
as an unlawful employment practice and that is specifically made
subject to enforcement under this chapter.
(12) 'Unlawful practice' means any unlawful employment practice
or any other practice specifically denominated as an unlawful
practice in this chapter. 'Unlawful practice' includes a practice
that is specifically denominated in another statute of this state
as an unlawful practice and that is specifically made subject to
enforcement under this chapter, or a practice that violates a
rule adopted by the commissioner for the enforcement of the
provisions of this chapter.
SECTION 49. ORS 682.025 is amended to read:
682.025. As used in this chapter, unless the context requires
otherwise:
(1) 'Ambulance' or 'ambulance vehicle' means any privately or
publicly owned motor vehicle, aircraft or watercraft that is
regularly provided or offered to be provided for the emergency
transportation of persons who are ill or injured or who have
disabilities.
(2) 'Ambulance service' means any person, governmental unit,
corporation, partnership, sole proprietorship or other entity
that operates ambulances and that holds itself out as providing
prehospital care or medical transportation to persons who are ill
or injured or who have disabilities.
(3) 'Board' means the Oregon Medical Board.
(4) 'Department' means the Department of Human Services.
(5) 'Emergency care' means the performance of acts or
procedures under emergency conditions in the observation, care
and counsel of persons who are ill or injured or who have
disabilities; in the administration of care or medications as
prescribed by a licensed physician, insofar as any of these acts
is based upon knowledge and application of the principles of
biological, physical and social science as required by a
completed course utilizing an approved curriculum in prehospital
emergency care. However, 'emergency care' does not include acts
of medical diagnosis or prescription of therapeutic or corrective
measures.
(6) 'Emergency medical technician' or 'EMT' means a person who
has received formal training in prehospital and emergency care,
and is state certified to attend any person who is ill or injured
or who has a disability. Police officers, firefighters, funeral
home employees and other personnel serving in a dual capacity one
of which meets the definition of ' emergency medical technician'
are 'emergency medical technicians' within the meaning of this
chapter.
(7) 'First responder' means a person who has successfully
completed a first responder training course approved by the
department and:
(a) Has been examined and certified as a first responder by an
authorized representative of the department to perform basic
emergency and nonemergency care procedures; or
(b) Has been otherwise designated as a first responder by an
authorized representative of the department to perform basic
emergency and nonemergency care procedures.
(8) 'Fraud or deception' means the intentional
misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means
by which misinformation or false impression knowingly is given.
(9) 'Governmental unit' means the state or any county,
municipality or other political subdivision or any department,
board or other agency of any of them.
(10) 'Highway' means every public way, thoroughfare and place,
including bridges, viaducts and other structures within the
boundaries of this state, used or intended for the use of the
general public for vehicles.
(11) 'Nonemergency care' means the performance of acts or
procedures on a patient who is not expected to die, become
permanently disabled or suffer permanent harm within the next 24
hours, including but not limited to observation, care and counsel
of a patient and the administration of medications prescribed by
a physician licensed under ORS chapter 677, insofar as any of
those acts are based upon knowledge and application of the
principles of biological, physical and social science and are
performed in accordance with scope of practice rules adopted by
the Oregon Medical Board in the course of providing prehospital
care as defined by this section.
(12) 'Owner' means the person having all the incidents of
ownership in an ambulance service or an ambulance vehicle or
where the incidents of ownership are in different persons, the
person, other than a security interest holder or lessor, entitled
to the possession of an ambulance vehicle or operation of an
ambulance service under a security agreement or a lease for a
term of 10 or more successive days.
(13) 'Patient' means a person who is ill or injured or who has
a disability and who is transported in an ambulance.
(14) 'Person' means any individual, corporation, association,
firm, partnership, joint stock company, group of individuals
acting together for a common purpose or organization of any kind
and includes any receiver, { - trustee, - } assignee or other
similar representative thereof.
(15) 'Prehospital care' means that care rendered by emergency
medical technicians as an incident of the operation of an
ambulance as defined by this chapter and that care rendered by
emergency medical technicians as incidents of other public or
private safety duties, and includes, but is not limited to, '
emergency care' as defined by this section.
(16) 'Scope of practice' means the maximum level of emergency
or nonemergency care that an emergency medical technician may
provide.
(17) 'Standing orders' means the written protocols that an
emergency medical technician follows to treat patients when
direct contact with a physician is not maintained.
(18) 'Supervising physician' means a medical or osteopathic
physician licensed under ORS chapter 677, actively registered and
in good standing with the board, who provides direction of
emergency or nonemergency care provided by emergency medical
technicians.
(19) 'Unprofessional conduct' means conduct unbecoming a person
certified in emergency care, or detrimental to the best interests
of the public and includes:
(a) Any conduct or practice contrary to recognized standards of
ethics of the medical profession or any conduct or practice which
does or might constitute a danger to the health or safety of a
patient or the public or any conduct, practice or condition which
does or might impair an emergency medical technician's ability
safely and skillfully to practice emergency or nonemergency care;
(b) Willful performance of any medical treatment which is
contrary to acceptable medical standards; and
(c) Willful and consistent utilization of medical service for
treatment which is or may be considered inappropriate or
unnecessary.
SECTION 50. ORS 697.005 is amended to read:
697.005. As used in ORS 697.005 to 697.095:
(1)(a) 'Collection agency' means:
(A) Any person directly or indirectly engaged in soliciting
claims for collection, or collecting or attempting to collect
claims owed, due or asserted to be owed or due to another person
or to a public body;
(B) Any person who directly or indirectly furnishes, attempts
to furnish, sells or offers to sell forms represented to be a
collection system even though the forms direct the debtor to make
payment to the creditor and even though the forms may be or are
actually used by the creditor in the creditor's own name;
(C) Any person who in attempting to collect or in collecting
the person's own claim uses a fictitious name or any name other
than the person's own that indicates to the debtor that a third
person is collecting or attempting to collect the claim;
(D) Any person in the business of engaging in the solicitation
of the right to repossess or in the repossession of collateral
security due or asserted to be due to another person; or
(E) Any person who in the collection of claims from another
person:
(i) Uses any name other than the name regularly used in the
conduct of the business out of which the claim arose; and
(ii) Engages in any action or conduct that tends to convey the
impression that a third party has been employed or engaged to
collect the claim.
(b) 'Collection agency' does not include:
(A) Any individual engaged in soliciting claims for collection,
or collecting or attempting to collect claims on behalf of a
registrant under ORS 697.005 to 697.095, if the individual is an
employee of the registrant;
(B) Any individual collecting or attempting to collect claims
for not more than three employers, if all collection efforts are
carried on in the name of the employer and the individual is an
employee of the employer;
(C) Any person who prepares or mails monthly or periodic
statements of accounts due on behalf of another person if all
payments are made to that other person and no other collection
efforts are made by the person preparing the statements of
accounts;
(D) Any attorney-at-law rendering services in the performance
of the duties of an attorney-at-law;
(E) Any licensed certified public accountant or public
accountant rendering services in the performance of the duties of
a licensed certified public accountant or public accountant;
(F) Any bank, mutual savings bank, consumer finance company,
trust company, savings and loan association, credit union or debt
consolidation agency;
(G) Any real estate licensee or escrow agent licensed under the
provisions of ORS chapter 696, as to any collection or billing
activity involving a real estate transaction or collection escrow
transaction of the licensee or escrow agent;
(H) Any individual regularly employed as a credit person or in
a similar capacity by one person, firm or corporation that is not
a collection agency as defined in this section;
(I) Any public officer or any person acting under order of any
court;
(J) Any person acting as a property manager in collecting or
billing for rent, fees, deposits or other sums due landlords of
managed units;
(K) Any person while the person is providing billing services.
A person is providing billing services for the purposes of this
subparagraph if the person engages, directly or indirectly, in
the business or pursuit of collection of claims for other
persons, whether in the other person's name or any other name, by
any means that:
(i) Is an accounting procedure, preparation of mail billing or
any other means intended to accelerate cash flow to the other
person's bank account or to any separate trust account; and
(ii) Does not include any personal contact or contact by
telephone with the person from whom the claim is sought to be
collected;
(L) Any person while the person is providing factoring
services. A person is providing factoring services for the
purposes of this subparagraph if the person engages, directly or
indirectly, in the business or pursuit of:
(i) Lending or advancing money to commercial clients on the
security of merchandise or accounts receivable and then enforcing
collection actions or procedures on such accounts; or
(ii) Soliciting or collecting on accounts that have been
purchased from commercial clients under an agreement whether or
not the agreement:
(I) Allows recourse against the commercial client;
(II) Requires the commercial client to provide any form of
guarantee of payment of the purchased account; or
(III) Requires the commercial client to establish or maintain a
reserve account in any form;
(M) Any individual employed by another person who operates as a
collection agency if the person does not operate as a collection
agency independent of that employment;
(N) Any mortgage banker as defined in ORS 59.840;
(O) Any public utility, as defined in ORS 757.005, any
telecommunications utility, as defined in ORS 759.005, any
people's utility district, as defined in ORS 261.010, and any
cooperative corporation engaged in furnishing electric or
communication service to consumers;
(P) Any public body or any individual collecting or attempting
to collect claims owed, due or asserted to be owed or due to any
public body, if the individual is an employee of the public body;
or
(Q) Any person for whom the Director of the Department of
Consumer and Business Services determines by order or by rule
that the protection of the public health, safety and welfare does
not require registration with the department as a collection
agency.
(2) 'Collection system' means a scheme intended or calculated
to be used to collect claims sent, prepared or delivered by:
(a) A person who in collecting or attempting to collect the
person's own claim uses a fictitious name or any name other than
the person's own that indicates to the debtor that a third person
is collecting or attempting to collect the claim; or
(b) A person directly or indirectly engaged in soliciting
claims for collection, or collecting or attempting to collect
claims owed or due or asserted to be owed or due another person.
(3) 'Claim' means any obligation for the payment of money or
thing of value arising out of any agreement or contract, express
or implied.
(4) 'Client' or 'customer' means any person authorizing or
employing a collection agency to collect a claim.
(5) 'Debtor' means any person owing or alleged to owe a claim.
(6) 'Debts incurred outside this state' means any action or
proceeding that:
(a) Arises out of a promise, made anywhere to the plaintiff or
a third party for the plaintiff's benefit, by the defendant to
perform services outside of this state or to pay for services to
be performed outside of this state by the plaintiff;
(b) Arises out of services actually performed for the plaintiff
by the defendant outside of this state or services actually
performed for the defendant by the plaintiff outside of this
state, if the performance outside of this state was authorized or
ratified by the defendant;
(c) Arises out of a promise, made anywhere to the plaintiff or
a third party for the plaintiff's benefit, by the defendant to
deliver or receive outside of this state or to send from outside
of this state goods, documents of title or other things of value;
(d) Relates to goods, documents of title or other things of
value sent from outside of this state by the defendant to the
plaintiff or a third person on the plaintiff's order or
direction;
(e) Relates to goods, documents of title or other things of
value actually received outside of this state by the plaintiff
from the defendant or by the defendant from the plaintiff,
without regard to where delivery to carrier occurred; or
(f) Where jurisdiction at the time the debt was incurred was
outside of this state.
(7) 'Department' means the Department of Consumer and Business
Services.
(8) 'Director' means the Director of the Department of Consumer
and Business Services.
(9) 'Out-of-state collection agency' means a collection agency
located outside of this state whose activities within this state
are limited to collecting debts incurred outside of this state
from debtors located in this state. As used in this subsection,
'collecting debts' means collecting by means of interstate
communications, including telephone, mail or facsimile
transmission from the collection agency location in another state
on behalf of clients located outside of this state.
(10) 'Person' includes an individual, firm, partnership,
{ - trust, - } joint venture, association, limited liability
company or corporation.
(11) 'Public body' means:
(a) The state and any branch, department, agency, board or
commission of the state;
(b) Any city, county, district or other political subdivision
or municipal or public corporation and any instrumentality
thereof; and
(c) Any intergovernmental agency, department, council, joint
board of control created under ORS 190.125 or other like entity,
which is created under ORS 190.003 to 190.130 and which does not
act under the direction and control of any single member
government.
(12) 'Registered' or 'registrant' means any person registered
under ORS 697.005 to 697.095 or registered or licensed as a
collection agency under the laws of another state.
(13) 'Statement of account' means a report setting forth
amounts billed, invoices, credits allowed or aged balance due.
SECTION 51. ORS 702.005 is amended to read:
702.005. As used in ORS 702.005 to 702.065, 702.991 and
702.994:
(1) 'Agency contract' means an agreement in which a student
athlete authorizes a person to negotiate or solicit on behalf of
the student athlete a professional sports services contract or an
endorsement contract.
(2)(a) 'Athlete agent' means an individual who enters into an
agency contract with a student athlete or, directly or
indirectly, recruits or solicits a student athlete to enter into
an agency contract. 'Athlete agent' includes an individual who
represents to the public that the individual is an athlete agent.
(b) 'Athlete agent' does not include a spouse, parent, sibling,
grandparent or legal guardian of the student athlete or an
individual acting solely on behalf of a professional sports team
or professional sports organization.
(3) 'Athletic director' means an individual responsible for
administering the overall athletic program of an educational
institution or, if an educational institution has separately
administered athletic programs for male students and female
students, the athletic program for males or the athletic program
for females, as appropriate.
(4) 'Contact' means a communication, direct or indirect,
between an athlete agent and a student athlete, to recruit or
solicit the student athlete to enter into an agency contract.
(5) 'Endorsement contract' means an agreement under which a
student athlete is employed or receives consideration to use on
behalf of the other party any value that the student athlete may
have because of publicity, reputation, following or fame obtained
because of athletic ability or performance.
(6) 'Intercollegiate sport' means a sport played at the
collegiate level for which eligibility requirements for
participation by a student athlete are established by a national
association for the promotion or regulation of collegiate
athletics.
(7) 'Person' means an individual, corporation, business trust,
{ - estate, trust, - } partnership, limited liability company,
association, joint venture, public body, as defined in ORS
174.109, or any other legal or commercial entity.
(8) 'Professional sports services contract' means an agreement
under which an individual is employed, or agrees to render
services, as a player on a professional sports team, with a
professional sports organization or as a professional athlete.
(9) 'Record' means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(10) 'Registration' means registration as an athlete agent
pursuant to ORS 702.005 to 702.065, 702.991 and 702.994.
(11) '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.
(12) 'Student athlete' means an individual who engages in, is
eligible to engage in or may be eligible in the future to engage
in any intercollegiate sport. If an individual is permanently
ineligible to participate in a particular intercollegiate sport,
the individual is not a student athlete for purposes of that
sport.
SECTION 52. ORS 717.200 is amended to read:
717.200. As used in ORS 717.200 to 717.320, 717.900 and
717.905, unless the context requires otherwise:
(1) 'Applicant' means a person filing an application for a
license under ORS 717.200 to 717.320, 717.900 and 717.905.
(2) 'Authorized delegate' means a person designated by the
licensee under the provisions of ORS 717.200 to 717.320, 717.900
and 717.905 to sell or issue payment instruments or engage in the
business of transmitting money on behalf of a licensee.
(3) 'Control' 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 ownership of voting
securities, by contract or otherwise.
(4) 'Controlling person' means any person in control of a
licensee or applicant for a license.
(5) 'Controlling shareholder' means any person, or group of
persons acting in concert, that owns 25 percent or more of any
voting class of an applicant's stock.
(6) 'Director' means the Director of the Department of Consumer
and Business Services.
(7) 'Electronic instrument' means a card or other tangible
object for the transmission or payment of money that contains a
microprocessor chip, magnetic stripe or other means for the
storage of information, that is prefunded and for which the value
is decremented upon each use. 'Electronic instrument' does not
include a card or other tangible object that is redeemable by the
issuer in the issuer's goods or services.
(8) 'Executive officer' means the licensee's president,
chairperson of the executive committee, senior officer
responsible for the licensee's business, chief financial officer
and any other person who performs similar functions.
(9) 'Licensee' means a person licensed under ORS 717.200 to
717.320, 717.900 and 717.905.
(10) 'Material litigation' means any litigation that, according
to generally accepted accounting principles, is deemed
significant to an applicant's or licensee's financial health and
would be required to be referenced in the applicant's or
licensee's annual audited financial statements, report to
shareholders or similar documents.
(11) 'Money transmission' means the sale or issuance of payment
instruments or engaging in the business of receiving money for
transmission or transmitting money within the United States or to
locations abroad by any and all means, including but not limited
to payment instrument, wire, facsimile or electronic transfer.
(12) 'Payment instrument' means any electronic or written
check, draft, money order, traveler's check or other electronic
or written instrument or order for the transmission or payment of
money, sold or issued to one or more persons, whether or not the
instrument is negotiable. 'Payment instrument' does not include
any credit card voucher, any letter of credit or any instrument
that is redeemable by the issuer in goods or services.
(13) 'Outstanding payment instrument' means any payment
instrument issued by a licensee that has been sold in the United
States directly by the licensee or any payment instrument issued
by a licensee that has been sold in the United States by an
authorized delegate of the licensee, that has been reported to
the licensee as having been sold and that has not yet been paid
by or for the licensee.
(14) 'Permissible investments' means:
(a) Cash;
(b) Certificates of deposit or other debt obligations of a
financial institution, either domestic or foreign;
(c) Bills of exchange or time drafts drawn on and accepted by a
commercial bank, otherwise known as bankers' acceptances, that
are eligible for purchase by member banks of the Federal Reserve
System;
(d) Any investment security bearing a rating of one of the
three highest grades as defined by a nationally recognized
organization that rates such securities;
(e) Investment securities that are obligations of the United
States Government, its agencies or instrumentalities, or
obligations that are guaranteed fully as to principal and
interest by the United States, or any obligations of any state,
municipality or any political subdivision thereof;
(f) Shares in a money market mutual fund, interest-bearing
bills, notes or bonds, debentures or stock traded on any national
securities exchange or national market system, mutual funds
primarily composed of such securities or a fund composed of one
or more permissible investments as set forth herein;
(g) Any demand borrowing agreement or agreements made to a
corporation or a subsidiary of a corporation whose capital stock
is listed on a national securities exchange;
(h) Receivables that are due to a licensee from the licensee's
authorized delegates under a contract described in ORS 717.270
and that are not past due or doubtful of collection; or
(i) Any other investments or security device approved by the
Director of the Department of Consumer and Business Services.
(15) 'Person' means any individual, partnership, association,
joint stock association, limited liability company { - ,
trust - } or corporation.
(16) 'Remit' means either to make direct payment of the funds
to a licensee or representatives of a licensee authorized to
receive those funds, or to deposit the funds in a bank, credit
union or savings and loan association or other similar financial
institution in an account specified by the licensee.
(17) 'Security device' means a surety bond, irrevocable letter
of credit issued by an insured institution as defined in ORS
706.008 or other similar security acceptable to the Director of
the Department of Consumer and Business Services.
SECTION 53. ORS 722.458 is amended to read:
722.458. (1) As required by rule of the Director of the
Department of Consumer and Business Services, each domestic
association shall file with the director each calendar quarter a
report of outstanding extensions of credit by the domestic
association to the following persons as of the last day of the
immediately preceding calendar quarter:
(a) The managing officer and each director of the domestic
association and, if the association is a stock association, each
principal shareholder of the association.
(b) Each related interest of each person described in paragraph
(a) of this subsection.
(2) The report shall show for each borrower the borrower's
position or class, the original amount of each outstanding
extension of credit, the balance due on each outstanding
extension of credit and whether any payment or portion of the
balance is currently past due.
(3) For purposes of this section:
(a) A principal shareholder of a stock association or of a
business entity described in paragraph (b)(A) of this subsection
is any person who, directly or indirectly or acting through or in
concert with one or more persons, owns, controls or has the power
to vote more than 25 percent of any class of voting stock of the
association or business entity. For purposes of this paragraph, a
' business entity' includes but is not limited to a corporation,
partnership, { - trust, - } sole proprietorship, association
or labor union.
(b) A related interest of a person described in subsection (1)
of this section includes either of the following:
(A) Any business entity described in paragraph (a) of this
subsection in which the person is a director, partner, principal
shareholder, officer { - , - } { + or + } sole owner { - or
trustee - } .
(B) A borrower whose extension of credit is cosigned or
indorsed by a director, managing officer or principal shareholder
of a domestic association.
(c) An extension of credit is a making of a loan, a granting of
a line of credit or any other manner of credit extended to a
person.
(4) The director shall adopt rules governing the submission of
reports under subsection (1) of this section. The director may
require any other information in the reports that the director
decides is necessary. The director may exclude from the reporting
requirement:
(a) Any advance payment against accrued salary or other accrued
compensation, or an advance for the payment of expenses incurred
or to be incurred on behalf of the domestic association.
(b) Indebtedness, to a maximum set by the director, that arises
by reason of any general arrangement by which a domestic
association acquires charge or time credit accounts, or makes
payments to or on behalf of participants in a credit card plan,
check credit plan, interest-bearing overdraft credit plan or any
similar open-end credit plan.
(c) Any other indebtedness that the director declares by rule
not to be subject to the reporting requirements under subsection
(1) of this section. The director may exclude any indebtedness
under this paragraph the reporting of which, according to the
director, is not necessary for proper supervision of savings
associations or creates an excessive burden without an offsetting
regulatory benefit.
(5) The director may require a domestic association to file
additional reports under this section more often than quarterly,
as the director determines is necessary.
SECTION 54. ORS 756.010 is amended to read:
756.010. As used in ORS chapters 756, 757, 758 and 759, except
as otherwise specifically provided or unless the context requires
otherwise:
(1) 'Commission' means the Public Utility Commission of Oregon.
(2) 'Commissioner' means a member of the Public Utility
Commission of Oregon.
(3) 'Customer' includes the patrons, passengers, shippers,
subscribers, users of the service and consumers of the product of
a public utility or telecommunications utility.
(4) 'Municipality' means any city, municipal corporation or
quasi-municipal corporation.
(5) 'Person' includes individuals, joint ventures,
partnerships, corporations and associations or their officers,
employees, agents, lessees, assignees { - , trustees - } or
receivers.
(6) 'Public utility' has the meaning given that term in ORS
757.005.
(7) 'Rate' means any fare, charge, joint rate, schedule or
groups of rates or other remuneration or compensation for
service.
(8) 'Service' is used in its broadest and most inclusive sense
and includes equipment and facilities related to providing the
service or the product served.
(9) 'Telecommunications utility' has the meaning given that
term in ORS 759.005.
SECTION 55. ORS 758.400 is amended to read:
758.400. As used in ORS 758.015 and 758.400 to 758.475 unless
the context requires otherwise:
(1) 'Allocated territory' means an area with boundaries
established by a contract between persons furnishing a similar
utility service and approved by the Public Utility Commission or
established by an order of the commission approving an
application for the allocation of territory.
(2) 'Person' includes individuals, firms, partnerships,
corporations, associations, cooperatives and municipalities, or
their agent, lessee { - , trustee - } or referee.
(3) 'Utility service' means service provided by any equipment,
plant or facility for the distribution of electricity to users or
the distribution of natural or manufactured gas to consumers
through a connected and interrelated distribution system.
'Utility service' does not include service provided through or by
the use of any equipment, plant or facilities for the production
or transmission of electricity or gas which pass through or over
but are not used to provide service in or do not terminate in an
area allocated to another person providing a similar utility
service.
SECTION 56. ORS 836.005 is amended to read:
836.005. When used in the laws of this state relating to
aviation, unless the context otherwise provides:
(1) 'Air navigation facility' means any facility other than one
owned or operated by the United States used in, available for use
in, or designed for use in, aid of air navigation, including
airports and any structures, mechanisms, lights, beacons,
markers, communicating system or other instrumentalities or
devices used or useful as an aid, or constituting an advantage or
convenience to the safe taking-off, navigation and landing of
aircraft, or the safe and efficient operation or maintenance of
an airport, and any combination of any or all of such facilities.
(2) 'Aircraft' means any contrivance used or designed for
navigation of or flight in the air, but does not mean a
one-person motorless glider that is launched from the earth's
surface solely by the operator's power.
(3) 'Airport' means any area of land or water, within or
without this state, that is used, or intended for use, for the
landing and take-off of aircraft, and any appurtenant areas that
are used, or intended for use, for airport buildings or other
airport facilities or rights of way, together with all airport
buildings and facilities located thereon.
(4) 'Airport hazard' means any structure, object of natural
growth, or use of land, that obstructs the airspace required for
the flight of aircraft in landing or taking off at an airport, or
is otherwise hazardous to such landing or taking off.
(5) 'Aviation' means the science and art of flight and includes
but is not limited to:
(a) Transportation by aircraft;
(b) The operation, construction, repair or maintenance of
aircraft, aircraft power plants and accessories, including the
repair, packing and maintenance of parachutes;
(c) The design, establishment, construction, extension,
operation, improvement, repair or maintenance of airports or
other air navigation facilities; and
(d) Instruction in flying or ground subjects pertaining
thereto.
(6) 'Civil aircraft' means any aircraft other than a public
aircraft.
(7) 'Department' means the Oregon Department of Aviation.
(8) 'Municipality' means any county, city, town, village,
borough, authority, district or other political subdivision or
public corporation of this state. 'Municipal' means pertaining to
a municipality as defined in this section.
(9) 'Operation of aircraft' or 'operate aircraft' means the
use, navigation or piloting of aircraft in the airspace over this
state or upon any airport within this state.
(10) 'Person' means any individual, firm, partnership,
corporation, company, association, joint stock association, or
body politic; and includes any { - trustee, - } receiver,
assignee, or other similar representative thereof.
(11) 'Pilot' means any individual certificated by the federal
government to operate an aircraft or an individual in training
for such certification who possesses a valid student pilot
certificate issued by the appropriate federal agency.
(12) 'Public aircraft' means any aircraft used exclusively in
the service of any government or of any political subdivision
thereof, including the government of any state, territory or
possession of the United States, or the District of Columbia, but
not including any government-owned aircraft engaged in carrying
persons or property for commercial purposes.
(13) 'State' or 'this state' means the State of Oregon and
territory over which any municipality of the State of Oregon has
jurisdiction.
----------