2007 Oregon Code - Chapter 98 :: Chapter 98 - Lost - Unordered and Unclaimed Property - Unlawfully Parked Vehicles
Chapter 98 Lost,
Unordered and Unclaimed Property;
Unlawfully
Parked Vehicles
2007 EDITION
LOST, UNCLAIMED PROPERTY; PARKED VEHICLES
PROPERTY RIGHTS AND TRANSACTIONS
RIGHTS AND DUTIES OF FINDERS AND OWNERS
98.005 Rights
and duties of finder of money or goods
98.015 Liability
of noncomplying finder; forfeiture to county of unreclaimed money or goods
98.025 Rights
of owner
FINDERS REPORTS
98.050 Finders
reports; rules; fee
DISPOSAL OF CONSIGNED OR BAILED PROPERTY THAT
IS UNCLAIMED
98.110 Record
to be kept by consignee or bailee of property
98.120 Notice
to owner of receipt of property by consignee or bailee
98.130 Right
of custodian to sell property
98.140 Notice
of sale
98.150 Affidavit
by custodian when no response to notice
98.160 Inventory
and order to sell
98.170
98.180 Delivery
of proceeds to justice
98.190 Disposal
of proceeds by justice
98.200 Procedure
by county treasurer
98.210 Payment
to person proving ownership
98.230
98.240 Fees
allowed to justice of peace and constable or sheriff
UNCLAIMED PROPERTY IN POSSESSION OF LAW
ENFORCEMENT AGENCY
98.245 Disposition
of unclaimed property; notice of pending disposition; procedure
UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT
98.302 Definitions
for ORS 98.302 to 98.436
98.304 When
intangible property subject to custody of state
98.308 Intangible
property held by financial institution
98.309 When
travelers check or money order presumed abandoned
98.311 Service
charge on unclaimed property
98.314 Unclaimed
funds held by insurance companies
98.316 Deposits
and refunds held by utilities
98.322 Intangible
equity ownership interests in business associations
98.326 Property
of business associations or financial institutions held in the course of dissolution
98.328 Property
held in safe deposit box
98.329 Delivery
of property before presumed abandoned; rules
98.332 Property
held by fiduciaries
98.334 Unpaid
wages unclaimed by owner
98.336 Property
held by government and public authorities
98.338 Credit
memo unclaimed by owner
98.342 Miscellaneous
personal property held for another person
98.346 Reciprocity
for property presumed abandoned or escheated under the laws of another state
98.348 Recovery
of abandoned property by another state; form of claim; indemnification of this
state
98.352 Report
of abandoned property
98.353 Information
on filing report provided by Department of State Lands
98.354 Records
of ownership or issuance of instruments to be maintained
98.356 Notice
and publication of lists of unclaimed property; rules
98.362 Delivery
of certificate of ownership of intangible equity ownership interest
98.366 Relief
from liability by payment or delivery
98.372 Income
accruing after payment or delivery
98.376 Periods
of limitation not a bar
98.382
98.384 Destruction
or disposition of unclaimed property
98.386 Deposit
of funds
98.388 Unclaimed
Property Revolving Fund
98.392 Claim
for unclaimed property delivered to Department of State Lands; time for claim;
claims for securities
98.396 Determination
of claim; payment; reimbursement
98.402 Hearing
on claim; judicial action if administrator fails to act
98.412 Records
and reports; examination; hearing
98.416 Proceeding
to compel delivery of unclaimed property; interest
98.422 Rules
98.424 Agreements
with other states; exchange of information; rules; Attorney General action in
name of other state
98.432 Uniformity
of interpretation
98.436 Short
title
UNORDERED GOODS
98.450 Unordered
goods presumed gifts
MOLDS AND FORMS
98.470 Definitions
for ORS 98.470 to 98.490
98.475 Molder
may take title to unclaimed mold
98.480 Notice
to customer; contents
98.485 Duty
to make mold unusable when title not taken
98.490 Effect
of written agreement between molder and customer
REMOVAL OF TREES OR LOGS FROM COUNTY ROADS OR
STATE HIGHWAYS
98.640 Owners
duty to remove trees, logs, poles or piling deposited on state highways
98.642 Effect
of failure to remove trees, logs, poles or piling
98.644 ORS
98.640 and 98.642 inapplicable to certain trees, logs, poles or piling
98.650 Owners
duty to remove trees, logs, poles or piling deposited on county roads
98.652 Effect
of failure to remove trees, logs, poles or piling
98.654 ORS
98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to
certain county roads
DISPOSITION OF UNLAWFULLY PARKED VEHICLES AND
ABANDONED VEHICLES
98.805 Definitions
for ORS 98.810 to 98.818, 98.830, 98.835 and 98.840
98.810 Unauthorized
parking of vehicle on proscribed property prohibited
98.812 Towing
and storage of unlawfully parked vehicle; lien for towage, care and storage
charges; notice requirements
98.818 Preference
of lien
98.830 Towing
abandoned vehicle from private property; conditions
98.835 Immunity
from civil liability for towing abandoned vehicle; lien for towage, care and
storage charges; notice requirements
98.840 Towing
vehicle alternative to procedure in ORS 98.810 to 98.818
INVOLUNTARY LOSS OF USE OF VEHICLES
98.850 Legislative
findings and declaration
98.852 Definitions
for ORS 98.854 to 98.862
98.854 Prohibitions
placed on tower of vehicles
98.856 Tower
responsibility of disclosure to owner or operator of vehicle
98.858 Right
of owner or person in lawful possession of vehicle to redeem vehicle, contact
tower and obtain property of emergency nature
98.860 Conditions
for release of vehicle to insurance company undertaking to adjust claim; towers
good-faith release of vehicle
98.862 Exceptions
to requirements of ORS 98.856
98.864 Rules
PENALTIES
98.991 Penalties
relating to unclaimed property
98.992 Penalty
for failure to report, pay or deliver property under ORS 98.302 to 98.436
RIGHTS AND DUTIES OF FINDERS AND OWNERS
98.005
Rights and duties of finder of money or goods. (1) If any person finds money or goods
valued at $100 or more, and if the owner of the money or goods is unknown, such
person, within 10 days after the date of the finding, shall give notice of the
finding in writing to the county clerk of the county in which the money or
goods was found. Within 20 days after the date of the finding, the finder of
the money or goods shall cause to be published in a newspaper of general
circulation in the county a notice of the finding once each week for two
consecutive weeks. Each such notice shall state the general description of the
money or goods found, the name and address of the finder and final date before
which such goods may be claimed.
(2) If no person appears and establishes
ownership of the money or goods prior to the expiration of three months after
the date of the notice to the county clerk under subsection (1) of this
section, the finder shall be the owner of the money or goods. [1973 c.642 §1;
1989 c.522 §1]
98.010 [Repealed by 1973 c.642 §13]
98.015
Liability of noncomplying finder; forfeiture to county of unreclaimed money or
goods. If any person who
finds money or goods valued at $100 or more fails to comply with ORS 98.005,
the person shall be liable, upon conviction for violation of ORS 164.065, to
the county for the money or goods or the full value of the money or goods. The
county treasurer shall hold the money or goods or their value for owner thereof
and shall publish notice of the finding of the money or goods in the manner provided
in ORS 98.005. If the owner has not reclaimed such money or goods within three
months after the date of the first publication of notice by the county
treasurer, the owner shall forfeit the rights of the owner to the value of such
money or goods and the value of such money or goods shall be placed in the
general fund of the county to be used for the payment of the general operating
expenses of the county. [1973 c.642 §2; 1989 c.522 §2]
98.020 [Repealed by 1973 c.642 §13]
98.025
Rights of owner. If an owner
of money or goods found by another person appears and establishes a claim to
such money or goods within the time period prescribed by ORS 98.005 or 98.015,
whichever applies, the owner shall have restitution of such money or goods or
their value upon payment of all costs and charges incurred in the finding,
giving of notice, care and custody of such money or goods. [1973 c.642 §3]
98.030 [Repealed by 1973 c.642 §13]
98.040 [Repealed by 1973 c.642 §13]
FINDERS
REPORTS
98.050
Finders reports; rules; fee.
(1) The administrator may compile information or data in the possession of the
Department of State Lands into finders reports at the request of any person to
assist in finding the owners of abandoned or unclaimed property.
(2) The administrator shall adopt by rule
a fee for copies of finders reports. The fee charged shall be commensurate
with preparation costs including production, duplication and staff time
involved.
(3) Any person requesting a copy of a
finders report shall be charged the fee.
(4) As used in subsections (1) to (3) of
this section:
(a) Administrator has the same meaning
as given by ORS 98.302.
(b) Person includes any natural person,
corporation, partnership, firm or association.
(c) Finders report means any report
prepared by the administrator for the benefit of any person to assist in
finding the owners of abandoned or unclaimed property. [1987 c.708 §§1,2; 2001
c.237 §2]
DISPOSAL OF
CONSIGNED OR BAILED PROPERTY THAT IS UNCLAIMED
98.110
Record to be kept by consignee or bailee of property. When personal property is consigned to or
deposited with any forwarding merchant, wharf, warehouse, tavern keeper or the
keeper of any depot for the reception and storage of trucks, baggage,
merchandise or other personal property, the consignee or bailee shall
immediately cause to be entered in a book kept by the consignee or bailee a
description of such property, with the date of its reception.
98.120
Notice to owner of receipt of property by consignee or bailee. If personal property left with a consignee
or bailee referred to in ORS 98.110 was not left for the purpose of being
forwarded or disposed of according to directions received by the consignee or
bailee at or before the time of its reception, and if the name and residence of
the owner of the property is known to the person having the property in the
possession of the person, the person shall immediately notify the owner, by
letter directed to the owner and deposited in the post office, of the reception
of such property.
98.130
Right of custodian to sell property. If personal property deposited with a consignee or bailee as mentioned
in ORS 98.110 or 98.120 is not claimed and taken away within one year after the
time it was received, the person having possession thereof may at any time
thereafter proceed to sell the property in the manner provided in ORS 98.140 to
98.240.
98.140
Notice of sale. Before
property shall be sold pursuant to ORS 98.130, at least 60 days notice of sale
shall be given the owner of the property, if the name and residence of the
owner are known, either personally or by mail, or by leaving a notice at the
residence or place of doing business of the owner, or, if the name and
residence of the owner is not known, a notice shall be published containing a
description of the property for six weeks successively in a newspaper published
in the county where the property was deposited. If there is no newspaper
published in that county, then the notice shall be published in a newspaper
nearest thereto in the state. The last publication of the notice shall be at
least 18 days prior to the time of sale.
98.150
Affidavit by custodian when no response to notice. If the owner or person entitled to the
property to be sold pursuant to ORS 98.130 shall not take it away and pay the
charges thereon after 60 days notice is given, the person having possession
thereof, the agent or attorney of the person shall deliver to a justice of the
peace of the county where the property was received an affidavit setting forth a
description of the property remaining unclaimed, the time of its reception, the
publication of the notice, and whether the owner of the property is known or
unknown.
98.160
Inventory and order to sell.
Upon the delivery to the justice of the peace of the affidavit as provided in
ORS 98.150, the justice shall cause the property to be examined in the presence
of the justice, and a true inventory thereof to be made. The justice shall
annex to such inventory an order under the hand of the justice that the property
therein described be sold at public auction by any constable of the constable
district where the property is located, or if there is no constable, then by
the county sheriff. [Amended by 1963 c.228 §1]
98.170
98.180
Delivery of proceeds to justice. Upon completing the sale provided for in ORS 98.170, the constable or
sheriff making the sale shall indorse upon the order provided for in ORS 98.160
a return of the proceedings. The constable or sheriff shall deliver the order
to the justice, together with the inventory and the proceeds of sale, after
deducting fees. [Amended by 1963 c.228 §3]
98.190
Disposal of proceeds by justice. From the proceeds of the sale provided for in ORS 98.170, the justice
shall pay all legal charges that have been incurred in relation to the
property, or a ratable proportion of each charge if the proceeds of the sale are
not sufficient to pay all the charges; and the balance, if there is any, the
justice shall immediately pay over to the treasurer of the county in which the
property was sold, and deliver a statement therewith containing a description
of the property sold, the gross amount of the sale, and the costs, charges and
expenses paid to each person.
98.200
Procedure by county treasurer.
The county treasurer shall make an entry of the amount received by the county
treasurer and the time when received, and shall file in the office of the
county treasurer the statement delivered to the county treasurer by the justice
pursuant to ORS 98.190.
98.210
Payment to person proving ownership. If the owner of the property sold, or the legal representative of the
owner, furnishes satisfactory evidence to the treasurer of ownership of the
property deposited in the county treasury pursuant to ORS 98.190, the owner
shall be entitled to receive from the treasurer the amount deposited with the
treasurer. [Amended by 1957 c.670 §30]
98.220 [Repealed by 1957 c.670 §37]
98.230
98.240
Fees allowed to justice of peace and constable or sheriff. A justice of the peace shall receive $9 for
each days service rendered pursuant to ORS 98.160 to 98.230; and a constable
or sheriff shall receive the same fees as are allowed by law for sales upon an
execution, and 50 cents a folio for making an inventory of property. [Amended
by 1963 c.228 §4; 1965 c.619 §33]
UNCLAIMED
PROPERTY IN POSSESSION OF LAW ENFORCEMENT AGENCY
98.245
Disposition of unclaimed property; notice of pending disposition; procedure. (1) As used in this section:
(a) Removing authority means a sheriffs
office, a municipal police department, a state police office, a law enforcement
agency created by intergovernmental agreement or a port as defined in ORS
777.005 or 778.005.
(b) Unclaimed property means personal
property that was seized by a removing authority as evidence, abandoned
property, found property or stolen property, and that has remained in the
physical possession of that removing authority for a period of more than 60
days following conclusion of all criminal actions related to the seizure of the
evidence, abandoned property, found property or stolen property, or conclusion
of the investigation if no criminal action is filed.
(2) Notwithstanding ORS 98.302 to 98.436,
and in addition to any other method provided by law, a removing authority may
dispose of unclaimed property as follows:
(a) An inventory describing the unclaimed
property shall be prepared by the removing authority.
(b) The removing authority shall publish a
notice of intent to dispose of the unclaimed property described in the
inventory prepared pursuant to paragraph (a) of this subsection. The notice
shall be posted in three public places in the jurisdiction of the removing
authority, and shall also be published in a newspaper of general circulation in
the jurisdiction of the removing authority. The notice shall include a
description of the unclaimed property as provided in the inventory, the address
and telephone number of the removing authority and a statement in substantially
the following form:
______________________________________________________________________________
NOTICE
The (removing authority) has in its
physical possession the unclaimed personal property described below. If you
have any ownership interest in any of that unclaimed property, you must file a
claim with the (removing authority) within 30 days from the date of publication
of this notice, or you will lose your interest in that property.
______________________________________________________________________________
(c) A copy of the notice described in
paragraph (b) of this subsection shall also be sent to any person that the
removing authority has reason to believe has an ownership or security interest
in any of the unclaimed property described in the notice. A notice sent
pursuant to this paragraph shall be sent by regular mail to the last known
address of the person.
(d) Prior to the expiration of the time
period stated in a notice issued pursuant to this section, a person may file a
claim that presents proof satisfactory to the removing authority issuing the
notice that the person is the lawful owner or security interest holder of any
property described in that notice. The removing authority shall then return the
property to that person.
(e) If a removing authority fails to
return property to a person that has timely filed a claim pursuant to paragraph
(d) of this subsection, the person may file, within 30 days of the date of the
failure to return the property, a petition seeking return of the property to
the person. The petition shall be filed in the circuit court for the county in
which the removing authority is located. If one or more petitions are filed,
the removing authority shall hold the property pending receipt of an order of
the court directing disposition of the property or dismissing the petition or
petitions with prejudice. If the court grants the petition, the removing
authority shall turn the unclaimed property over to the petitioner in
accordance with the order.
(f) Unless the removing authority or court
upholds the claim or petition under paragraph (d) or (e) of this subsection,
title to all unclaimed property described in a notice issued pursuant to this
section shall pass to the removing authority free of any interest or
encumbrance thereon in favor of any person who has:
(A) A security interest in the property
and to whom the removing authority mailed a copy of the notice described in
paragraph (b) of this subsection in accordance with paragraph (c) of this
subsection; or
(B) Any ownership interest in the
property.
(g) The removing authority may transfer
good and sufficient title to any subsequent purchaser or transferee, and the
title shall be recognized by all courts and governmental agencies. Any
department, agency or officer of the state or any political subdivision whose
official functions include the issuance of certificates or other evidence of
title shall be immune from civil or criminal liability when such issuance is
pursuant to a bill of sale issued by the removing authority. [1997 c.480 §2;
2003 c.693 §13]
98.260 [1967 c.181 §3; repealed by 1985 c.336 §1]
98.270 [1967 c.181 §1; repealed by 1985 c.336 §1]
98.280 [1967 c.181 §2; repealed by 1985 c.336 §1]
UNIFORM
DISPOSITION OF UNCLAIMED PROPERTY ACT
98.302
Definitions for ORS 98.302 to 98.436. 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 persons 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
(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.
[1957 c.670 §3; 1983 c.716 §1; 1993 c.694 §40; 1997 c.416 §1; 1997 c.631 §396;
2003 c.272 §1]
98.304
When intangible property subject to custody of state. Unless otherwise provided in ORS 98.302 to 98.436
and 98.992 or by other statute of this state, intangible property is subject to
the custody of this state as unclaimed property if the conditions raising a
presumption of abandonment under ORS 98.342 are satisfied, and one or more of
the following is true:
(1) The last-known address, as shown on
the records of the holder, of the apparent owner is in this state.
(2) The records of the holder do not
reflect the identity of the person entitled to the property and it is
established that the last-known address of the person entitled to the property
is in this state.
(3) The records of the holder do not
reflect the address of the apparent owner, and one or more of the following is
established:
(a) The last-known address of the person
entitled to the property is in this state.
(b) The holder is a domiciliary or a
government or political subdivision or agency of this state and has not
previously paid or delivered the property to the state of the last-known
address of the apparent owner or other person entitled to the property.
(c) The last-known address, as shown on
the records of the holder, or the apparent owner is in a state that does not
provide by law for the escheat or custodial taking of the property or its
escheat or unclaimed property law is not applicable to the property and the
holder is a domiciliary or a government or political subdivision or agency of
this state.
(4) The last-known address, as shown on
the records of the holder, of the apparent owner is in a foreign nation and the
holder is a domiciliary or a government or political subdivision or agency of
this state.
(5) The transaction out of which the
property arose occurred in this state, and:
(a) There is no known address of the
apparent owner or other person entitled to the property;
(b) The last-known address of the apparent
owner or other person entitled to the property is in a state that does not
provide by law for the escheats or custodial taking of the property or its
escheats or unclaimed property law is not applicable to the property; or
(c) The holder is a domiciliary of a state
that does not provide by law for the escheat or custodial taking of the
property or its escheat or unclaimed property law is not applicable to the
property. [1983 c.716 §28; 1993 c.694 §1]
98.306 [1957 c.670 §4; 1967 c.357 §1; 1973 c.797 §424;
repealed by 1983 c.716 §26]
98.308
Intangible property held by financial institution. (1) Any demand, savings or matured time
deposit with a financial institution, including a deposit that is automatically
renewable, and any funds paid toward the purchase of a share, mutual investment
certificate or any other interest in a financial institution is presumed
abandoned unless the owner, within three years, has done one or more of the
following:
(a) In the case of a deposit, increased or
decreased its amount or presented the passbook or other similar evidence of the
deposit for the crediting of interest.
(b) Communicated in writing with the
financial institution concerning the property.
(c) Otherwise indicated an interest in the
property as evidenced by a memorandum or other record on file prepared by an
employee of the financial institution.
(d) Owned other property to which
paragraph (a), (b) or (c) of this subsection applies, and the financial
institution has communicated in writing with the owner with regard to the
property that would otherwise be presumed abandoned under this subsection at
the address to which communications regarding the other property regularly are
sent.
(e) Had another relationship with the
financial institution concerning which the owner has:
(A) Communicated in writing with the
financial institution; or
(B) Otherwise indicated an interest as
evidenced by a memorandum or other record on file prepared by an employee of
the financial institution, and the financial institution has communicated in
writing with the owner with regard to the property that would otherwise be
abandoned under this subsection at the address to which communications
regarding the other relationship regularly are sent.
(2) With respect to property described in
subsection (1) of this section, a holder may not impose any charge or cease
payment of interest due to dormancy or inactivity unless:
(a) There is a written contractual
agreement between the holder and the owner of the account clearly and
prominently setting forth the conditions under which a service charge may be
imposed or the payment of interest terminated;
(b) The establishment of a service charge,
the change of an existing service charge or the change of a policy pertaining
to the payment of interest is uniformly applied to all dormant or inactive
accounts;
(c) The holder gives written notice to the
owner at the owners last-known address whenever an account becomes dormant or
inactive; and
(d) Three months written notice is given
by first class mail to the last-known address of the owner of a dormant or
inactive account before the holder applies a service charge to that account or
stops paying interest on that account.
(3) A signature card is not a written
contractual agreement for the purposes of subsection (2)(a) of this section.
However, a signature card and a written contractual agreement may be contained
in one instrument.
(4) Property described in subsection (1)
of this section that is automatically renewable is matured for purposes of
subsection (1) of this section upon the expiration of its initial time period.
However, if the owner consents to a renewal at or about the time of renewal,
the property is matured upon the expiration of the last time period for which
consent was given. The owner shall be deemed to have consented to a renewal if:
(a) The owner communicates in writing with
the financial institution or otherwise indicates consent as evidenced by a
memorandum or other record on file prepared by an employee of the institution;
or
(b) The financial institution has sent an
account statement or other written or electronic statement pertaining to the
account by first class mail or by electronic mail and the statement has not
been returned to the financial institution and the financial institution has
not been notified that the statement was undeliverable as addressed.
(5) If the delivery of funds or property
required by ORS 98.352 would result in a penalty or forfeiture in the payment
of interest from the delivery of the funds or property, the delivery may be
delayed until the time when no penalty or forfeiture would result.
(6) Except for those instruments subject
to ORS 98.309, any sum payable on a check, draft or similar instrument, on which
a financial institution is directly liable, including a cashiers check and a
certified check, which has been outstanding for more than three years after it
was payable or after its issuance if payable on demand, is presumed abandoned,
unless the owner, within three years, has communicated in writing with the
financial institution concerning it or otherwise indicated an interest as
evidenced by a memorandum or other record on file prepared by an employee
thereof.
(7) A holder may not deduct from the amount
of any instrument subject to subsection (6) of this section any charge imposed
by reason of the failure to present the instrument for payment unless:
(a) There is a valid and enforceable
written contract between the holder and the owner of the instrument pursuant to
which the holder may impose a charge;
(b) The holder regularly imposes such
charges; and
(c) The holder does not regularly reverse
or otherwise cancel the charges.
(8) For purposes of subsection (1) of this
section, property includes interest and dividends. [1983 c.716 §§30, 31; 1993
c.694 §2; 1997 c.631 §397; 2003 c.272 §2; 2007 c.539 §1]
98.309
When travelers check or money order presumed abandoned. (1) Subject to subsection (4) of this
section, any sum payable on a travelers check that has been outstanding for
more than 15 years after its issuance is presumed abandoned unless the owner,
within 15 years, has communicated in writing with the issuer concerning it or
otherwise indicated an interest as evidenced by a memorandum or other record on
file prepared by an employee of the issuer.
(2) Subject to subsection (4) of this
section, any sum payable on a money order or similar written instrument, other
than a third party bank check, that has been outstanding for more than seven
years after its issuance is presumed abandoned unless the owner, within that
seven years, has communicated in writing with the issuer concerning it or
otherwise indicated an interest as evidenced by a memorandum or other record on
file prepared by an employee of the issuer.
(3) A holder may not deduct from the
amount of a travelers check or money order any charge imposed by reason of the
failure to present the instrument for payment unless there is a valid and
enforceable written contract between the issuer and the owner of the instrument
pursuant to which the issuer may impose a charge and the issuer regularly
imposes such charges and does not regularly reverse or otherwise cancel them.
(4) Other than a third party bank check,
no sum payable on a travelers check, money order or similar written instrument
described in subsections (1) and (2) of this section may be subjected to the
custody of this state as unclaimed property unless:
(a) The records of the issuer show that
the travelers check, money order or similar written instrument was purchased
in this state;
(b) The issuer has its principal place of
business in this state and the records of the issuer do not show the state in
which the travelers check, money order or similar written instrument was purchased;
or
(c) The issuer has its principal place of
business in this state, the records of the issuer show the state in which the
travelers check, money order or similar written instrument was purchased and
the laws of the state of purchase do not provide for the escheat or custodial
taking of the property or its escheat or unclaimed property law is not
applicable to the property.
(5) Notwithstanding any other provision of
ORS 98.302 to 98.436 and 98.992, subsection (4) of this section applies to sums
payable on travelers checks, money orders and similar written instruments
presumed abandoned on or after February 1, 1965, except to the extent that
those sums have been paid over to a state prior to January 1, 1974. [1983 c.716
§29]
98.310 [Repealed by 1957 c.670 §37]
98.311
Service charge on unclaimed property. Notwithstanding the provisions in ORS 98.308, a holder may not deduct
a service charge or fee or otherwise reduce an owners unclaimed account
unless:
(1) There is a valid written contract
between the holder and the owner that allows the holder to impose a charge;
(2) The service charge or fee is imposed
uniformly on all accounts; and
(3) Three months written notice is given
by first class mail to the last-known address of all owners before the charge
or fee is levied. [1993 c.694 §45; 2007 c.539 §2]
98.312 [1957 c.670 §5; repealed by 1983 c.716 §26]
98.314
Unclaimed funds held by insurance companies. (1) Funds held or owing under any life or endowment insurance policy
or annuity contract that has matured or terminated are presumed abandoned if
unclaimed for more than three years after the funds become due and payable as
established from the records of the insurance company holding or owing the
funds, but property described in subsection (3)(b)(A) of this section is
presumed abandoned if unclaimed for more than two years.
(2) If a person other than the insured or
annuitant is entitled to the funds and an address of the person is not known to
the company or it is not definite and certain from the records of the company
who is entitled to the funds, it is presumed that the address of the person
entitled to the funds is the same as the last-known address of the insured or
annuitant according to the records of the company.
(3) For purposes of ORS 98.302 to 98.436
and 98.992, a life or endowment insurance policy or annuity contract not
matured by actual proof of the death of the insured or annuitant according to
the records of the company is matured and the proceeds due and payable if:
(a) The company knows that the insured or
annuitant has died; or
(b) All of the following are true:
(A) The insured has attained, or would
have attained if living, the limiting age under the mortality table on which
the reserve is based.
(B) The policy was in force at the time
the insured attained, or would have attained, the limiting age specified in
subparagraph (A) of this paragraph.
(C) Neither the insured nor any other
person appearing to have an interest in the policy within the preceding two
years, according to the records of the company, has assigned, readjusted or
paid premiums on the policy, subjected the policy to a loan, corresponded in
writing with the company concerning the policy, or otherwise indicated an
interest as evidenced by a memorandum or other record on file prepared by an
employee of the company.
(4) For purposes of ORS 98.302 to 98.436
and 98.992, the application of an automatic premium loan provision or other
nonforfeiture provision contained in an insurance policy does not prevent a policy
from being matured or terminated under subsection (1) of this section if the
insured has died or the insured or the beneficiary of the policy otherwise has
become entitled to the proceeds of the policy before the depletion of the cash
surrender value of a policy by the application of those provisions.
(5) If the laws of this state or the terms
of the life insurance policy require the company to give notice to the insured
or owner that an automatic premium loan provision or other nonforfeiture
provision has been exercised and the notice, given to an insured or owner whose
last-known address according to the records of the company is in this state, is
undeliverable, the company shall make a reasonable search to ascertain the
policyholders correct address to which the notice must be mailed.
(6) Notwithstanding any other provision of
law, if the company learns of the death of the insured or annuitant and the
beneficiary has not communicated with the insurer within four months after the
death, the company shall take reasonable steps to pay the proceeds to the
beneficiary.
(7) Commencing two years after August 3,
1983, every change of beneficiary form issued by an insurance company under any
life or endowment insurance policy or annuity contract to an insured or owner
who is a resident of this state must request the following information:
(a) The name of each beneficiary, or if a
class of beneficiaries is named, the name of each current beneficiary in the
class;
(b) The address of each beneficiary; and
(c) The relationship of each beneficiary
to the insured. [1983 c.716 §32; 2007 c.539 §3]
98.316
Deposits and refunds held by utilities. The following funds held or owing by any utility are presumed
abandoned if unclaimed by the apparent owner for more than one year after the
date of termination of services or when the funds otherwise become payable or
distributable:
(1) A deposit made by a subscriber with a
utility to secure payment, or a sum paid in advance for utility services, less
any lawful deductions.
(2) A sum received for utility services
which a utility has been ordered to refund, together with any interest thereon
and less any lawful deductions. [1957 c.670 §6; 1983 c.716 §2]
98.320 [Repealed by 1957 c.670 §37]
98.322
Intangible equity ownership interests in business associations. (1) Stock, certificates of ownership or
other intangible equity ownership interests in a business association are
presumed abandoned when all of the following occur:
(a) The interest is evidenced by records
of the business association.
(b) A dividend, distribution or other sum
payable as a result of the interest has remained unclaimed for three years.
(c) The owner has not otherwise
communicated with the business association for three years from the date the
sum was payable.
(d) The business association has sent
written notice of the payment and underlying interest to the owner at the
last-known address of the owner as shown in the records of the business
association.
(2) With respect to any interest presumed
abandoned under subsection (1) of this section, the business association is the
holder.
(3) At the time an interest is presumed
abandoned under subsection (1) of this section, any payment then held for or
owing to the owner as a result of the interest is also presumed abandoned.
(4) Subsection (1) of this section shall
not apply to any stock, certificate of ownership or other intangible equity
ownership interests in a business association that provides for the automatic
reinvestment of dividends, distributions or other sums payable as a result of
the interests, unless:
(a) The records of the business
association show that the person also owns any stock, certificate of ownership
or other intangible equity ownership interest in the business association that
is not enrolled in the reinvestment plan; and
(b) The interest referred to in paragraph
(a) of this subsection has been presumed abandoned under subsection (1) of this
section.
(5) Any dividend, profit distribution,
interest, payment on principal or other sum held or owing by a business
association is presumed abandoned if, within three years after the date
prescribed for payment, all of the following have occurred:
(a) The owner has not claimed the payment
or corresponded in writing with the business association concerning the
payment.
(b) The business association has sent
written notice of the payment to the owner at the last-known address of the
owner as shown in the records of the business association. [1957 c.670 §7; 1983
c.716 §3; 1985 c.408 §1; 2007 c.539 §4]
98.326
Property of business associations or financial institutions held in the course
of dissolution. All
intangible personal property distributable in the course of a dissolution of a
business association or financial institution that is unclaimed by the owner
for more than one year after the date for final distribution is presumed
abandoned. [1957 c.670 §8; 1983 c.716 §4; 1993 c.694 §41; 2003 c.272 §3]
98.328
Property held in safe deposit box. Except property subject to ORS 711.582 and 711.590, all tangible and
intangible property held in a safe deposit box or any other safekeeping
repository in this state in the ordinary course of the holders business, which
remains unclaimed by the owner for more than two years after the lease or
rental period on the box or other repository has expired, is presumed
abandoned. [1983 c.716 §35; 1993 c.694 §3]
98.329
Delivery of property before presumed abandoned; rules. A holder, with the written consent of the
Department of State Lands, and in compliance with rules prescribed by the
department, may report and deliver property before the property is presumed
abandoned. [1993 c.694 §46; 2001 c.302 §3]
Note: 98.329 was added to and made a part of
98.302 to 98.436 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
98.330 [Repealed by 1957 c.670 §37]
98.332
Property held by fiduciaries.
(1) All intangible personal property and any income or increment thereon, held
in a fiduciary capacity is presumed abandoned unless the owner has, within two
years after it becomes payable or distributable, increased or decreased the
principal, accepted payment of principal or income, corresponded in writing
concerning the property, or otherwise indicated an interest as evidenced by a
memorandum on file with the fiduciary.
(2) Funds in an individual retirement
account or a retirement plan or a similar account or plan established under the
Internal Revenue laws of the United States are not payable or distributable
within the meaning of subsection (1) of this section unless, under the terms of
the account or plan, distribution of all or part of the funds would then be
mandatory. [1957 c.670 §9; 1983 c.716 §5; 2003 c.580 §1]
98.334
Unpaid wages unclaimed by owner. Unpaid wages, including wages represented by unpresented payroll
checks, owing in the ordinary course of the holders business which remain
unclaimed by the owner for more than three years after becoming payable are
presumed abandoned. [1983 c.716 §34; 2001 c.302 §4]
98.336
Property held by government and public authorities. (1) Intangible property, including uncashed
warrants and wages represented by unpresented payroll checks, held for the
owner by a court, state or other government, governmental subdivision or
agency, public corporation, or public authority, that has remained unclaimed by
the owner for more than two years is presumed abandoned.
(2) Tangible property held for the owner
by a court, state or other government, governmental subdivision or agency, law
enforcement agency, public corporation or public authority that has remained
unclaimed by the owner for more than two years is presumed abandoned. [1957
c.670 §10; 1983 c.716 §6; 1987 c.708 §3; 1993 c.694 §4; 2001 c.302 §5]
98.338
Credit memo unclaimed by owner.
(1) A credit memo issued in the ordinary course of an issuers business which
remains unclaimed by the owner for more than three years after becoming payable
or distributable is presumed abandoned.
(2) For a credit memo presumed abandoned
under subsection (1) of this section, the amount presumed abandoned is the
amount credited to the recipient of the memo. [1983 c.716 §33; 1997 c.416 §2;
2001 c.302 §6]
98.340 [Repealed by 1957 c.670 §37]
98.342
Miscellaneous personal property held for another person. (1) All intangible personal property, not
otherwise covered by ORS 98.302 to 98.436 and 98.992, including any income or
increment thereon and deducting any lawful charges, that is held or owing in
the ordinary course of the holders business and has remained unclaimed by the
owner for more than three years after it became payable or distributable is
presumed abandoned.
(2) Property is payable or distributable
for the purpose of ORS 98.302 to 98.436 and 98.992 notwithstanding the owners
failure to make demand or to present any instrument or document required to
receive payment. [1957 c.670 §11; 1983 c.716 §7; 2001 c.302 §7]
98.346
Reciprocity for property presumed abandoned or escheated under the laws of
another state. Specific
property described in ORS 98.308 to 98.314, 98.322 to 98.334, 98.338 or 98.342
which is held for or owed or distributable to an owner whose last-known address
is in another state by a holder who is subject to the jurisdiction of that
state is not presumed abandoned in this state and subject to ORS 98.302 to
98.436 and 98.992 if:
(1) It may be claimed as abandoned or
escheated under the laws of the other state; and
(2) The laws of the other state make
reciprocal provision that similar specific property is not presumed abandoned
or escheatable by the other state when held for or owed or distributable to an
owner whose last-known address is within this state by a holder who is subject
to the jurisdiction of this state. [1957 c.670 §12; 1983 c.716 §8]
98.348
Recovery of abandoned property by another state; form of claim; indemnification
of this state. (1) At any
time after property has been paid or delivered to the Department of State Lands
under ORS 98.352, another state may recover the property if one or more of the
following is true:
(a) The property was subjected to custody
by this state because the records of the holder did not reflect the last-known
address of the apparent owner when the property was presumed abandoned under
ORS 98.302 to 98.436 and 98.992; and the other state establishes that the
last-known address of the apparent owner or other person entitled to the
property was in that state and under the laws of that state the property
escheated to or was subject to a claim of abandonment by that state.
(b) The last-known address of the apparent
owner or other person entitled to the property, as reflected by the records of
the holder, is in the other state and under the laws of that state the property
has escheated to or become subject to a claim of abandonment by that state.
(c) The records of the holder were
erroneous in that they did not accurately reflect the owner of the property and
the last-known address of the owner is in the other state and under the laws of
that state the property escheated to or was subject to a claim of abandonment
by that state.
(d) The property was subjected to custody
by this state and under the laws of the state of domicile of the holder the
property has escheated to or become subject to a claim of abandonment by that
state.
(e) The property is the sum payable on a
travelers check, money order or other similar instrument that was subjected to
custody by this state under ORS 98.309, and the instrument was purchased in the
other state and under the laws of that state the property escheated to or
became subject to a claim of abandonment by that state.
(2) The claim of another state to recover
escheated or unclaimed property must be presented in a form prescribed by the
Department of State Lands. The department shall decide the claim within 90 days
after it is presented.
(3) The department shall require a state,
before recovering property under this section, to agree to indemnify this state
and its officers and employees against any liability on a claim for the
property. [1983 c.716 §36; 1993 c.694 §5]
98.350 [Repealed by 1957 c.670 §37]
98.352
Report of abandoned property.
(1) Every person holding funds or other property, tangible or intangible,
presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall report and pay
or deliver to the Department of State Lands all property presumed abandoned as
provided in this section, except that:
(a) Funds transferred to the General Fund
under ORS 293.455 (1)(a) shall only be reported to the department.
(b) Funds in the possession of the Child
Support Program described in ORS 180.345 shall only be reported to the
department.
(2) The report shall be verified as to the
accuracy of the information contained and shall include:
(a) Except with respect to travelers checks
and money orders, the name, if known, and address, if known, of each person
appearing from the records of the holder to be the owner of any property of
value of $50 or more presumed abandoned under ORS 98.302 to 98.436 and 98.992;
(b) In case of unclaimed funds of life
insurance corporations, the full name of the insured or annuitant and
last-known address according to the life insurance corporations records;
(c) The nature and identifying number, if
any, or description of the property and the amount appearing from the records
to be due, except that items of value under $50 each may be reported in
aggregate;
(d) The date when the property became
payable, demandable, or returnable, and the date of the last transaction with
the owner with respect to the property; and
(e) Other information that the department
prescribes by rule as necessary for the administration of ORS 98.302 to 98.436
and 98.992.
(3) If the person holding property
presumed abandoned is a successor to other persons who previously held the
property for the owner, or if the holder has had a name change while holding
the property, the holder shall file with the report all prior known names and
addresses and effective dates of changes if known of each holder of the
property.
(4) The report shall be filed after
October 1, but no later than November 1 of each year for accounts dormant as of
June 30. The department may postpone the reporting date upon written request by
any person required to file a report. All records are exempt from public review
for 12 months from the time the property is reportable and for 24 months after
the property has been remitted to the department. All lists of records or
property held by a government or public authority under ORS 98.336 shall be
exempt from public review until 24 months after the property is remitted to the
department.
(5) If the holder of property presumed
abandoned under ORS 98.302 to 98.436 and 98.992 knows the whereabouts of the
owner and if the owners claim has not been barred by the statute of
limitations, the holder shall, before filing the annual report, communicate
with the owner and take necessary steps to prevent abandonment from being
presumed. The holder shall exercise due diligence to ascertain the whereabouts
of the owner.
(6) Verification, if made by a
partnership, shall be executed by a partner; if made by an unincorporated
association or private corporation, by an officer; and if made by a public
corporation, by its chief fiscal officer. [1957 c.670 §13; 1967 c.357 §2; 1981
c.475 §4; 1983 c.716 §9; 1993 c.694 §6; 1997 c.86 §1; 1999 c.798 §2; 2003 c.73 §48]
98.353
Information on filing report provided by Department of State Lands. (1) The Department of State Lands shall, on
a regular basis, provide educational or informational materials to persons
required to file a report under ORS 98.352. The educational or informational
materials shall contain, but shall not be limited to, information describing:
(a) The types of property, tangible and
intangible, that are subject to reporting;
(b) Persons who typically hold, knowingly
or unknowingly, unclaimed property;
(c) Record keeping requirements for
persons holding unclaimed property; and
(d) Any penalties for failing to comply
with the provisions of ORS 98.302 to 98.436.
(2) Upon request by the Department of
State Lands, the Department of Revenue and the Office of the Secretary of State
shall:
(a) Assist the Department of State Lands
in determining which persons are required to file a report under ORS 98.352;
and
(b) Allow the Department of State Lands to
include information about unclaimed property reporting requirements in the
regular mailings of the Department of Revenue. [2001 c.302 §2; 2003 c.7 §2]
Note: 98.353 was added to and made a part of
98.302 to 98.436 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
98.354
Records of ownership or issuance of instruments to be maintained. (1) Every holder required to file a report
under ORS 98.352 as to any property for which the holder has obtained an
address of the owner, shall maintain a record of the name and last-known
address of the owner and such signature cards and other evidence which would
assist in the identification of the owner for three years after the property
has been remitted to the Department of State Lands.
(2) Any business association that sells in
this state travelers checks, money orders or other similar written
instruments, other than third party bank checks on which the business
association is directly liable, or that provides such instruments to others for
sale in this state, shall maintain a record of those instruments while they
remain outstanding, indicating the state and date of issue, for five years
after the date the property has been remitted to the department. [1983 c.716 §38;
1993 c.694 §7; 1995 c.219 §1; 2001 c.302 §8]
98.356
Notice and publication of lists of unclaimed property; rules. (1) The Department of State Lands shall
publish notice of owners unclaimed accounts reported under ORS 98.352. The
notice shall be published at least twice in a newspaper or other generally
circulated periodical published in this state. The department may publish such
notices at intervals to locate owners of accounts received under ORS 98.352 (4)
in an expedient manner, but shall complete publication of all such accounts
within one year of remittance.
(2) The department is not required to
publish in such notice any item of less than $100 unless the department deems
such publication to be in the public interest.
(3) This section is not applicable to sums
payable on travelers checks or money orders presumed abandoned under ORS
98.309.
(4) The department shall undertake
reasonable efforts to locate owners of unclaimed property reported to the
department under ORS 98.352. The costs of such efforts may be deducted from the
proceeds that are paid to the owners when and if an owner is located. The
department shall specify, by rule, a maximum percentage of costs that may be
deducted from a verified claim for unclaimed property.
(5) The Department of State Lands may not
disclose to the general public any confidential information provided by the
Department of Revenue from taxpayer returns. [1957 c.670 §14; 1967 c.357 §3;
1983 c.716 §10; 1989 c.183 §1; 1993 c.694 §8; 1997 c.134 §1; 2003 c.253 §5]
98.360 [Repealed by 1957 c.670 §37]
98.362
Delivery of certificate of ownership of intangible equity ownership interest. (1) The holder of an intangible equity
ownership interest presumed abandoned under ORS 98.322 shall deliver a
certificate of ownership or other evidence of ownership to the Department of
State Lands as follows:
(a) The original certificate shall be
delivered to the department when it is held by the business association,
transfer agent, registrar or other person acting on behalf of the business
association.
(b) A duplicate certificate shall be
issued to the department when the business association, transfer agent,
registrar or other person acting on behalf of the holder does not hold the
original.
(2) After issuance of a duplicate
certificate under subsection (1) of this section, the rights of a protected
purchaser of the original certificate shall be governed by ORS 78.4050. In such
event, recovery by the protected purchaser shall be against the department to
the extent allowed under the Oregon Constitution. [1957 c.670 §15; 1967 c.357 §4;
1983 c.716 §11; 1985 c.403 §2; 1993 c.694 §9; 1995 c.328 §70]
98.366
Relief from liability by payment or delivery. (1) Upon the payment or delivery of unclaimed property to the
Department of State Lands, the state shall assume custody and shall be
responsible for the safekeeping thereof. Any person who pays or delivers
unclaimed property to the department under ORS 98.352 is relieved of all liability
to the extent of the value of the property so paid or delivered for any claim
which then exists or which thereafter may arise or be made in respect to the
property.
(2) A holder who has paid money to the
department under ORS 98.352 may make payment to any person appearing to the
holder to be entitled to payment. The department shall reimburse the holder
within 60 days of receiving proof that payment was made to a person who
appeared to the holder to be entitled to payment. The department shall reimburse
the holder for the payment without imposing any fee or other charge. [1957
c.670 §16; 1983 c.716 §12; 1993 c.694 §10]
98.370 [Repealed by 1957 c.670 §37]
98.372
Income accruing after payment or delivery. The owner is not entitled to receive income or other increments which
have accrued on the property after the property is paid or delivered to the
Department of State Lands under ORS 98.352. [1957 c.670 §17; 1983 c.716 §13;
1993 c.694 §11]
98.376
Periods of limitation not a bar. The expiration of any period of time specified by statute or court
order, during which an action, suit or proceeding may be commenced or enforced
to obtain payment of a claim for money or recovery of property, shall not
prevent the money or property from being presumed abandoned, nor affect any
duty to file a report required by ORS 98.352 or to pay or deliver unclaimed
property to the Department of State Lands, provided that this section shall not
affect any property interests which became vested prior to August 20, 1957. [1957
c.670 §18; 1983 c.716 §14; 1993 c.694 §12]
98.380 [Repealed by 1957 c.670 §37]
98.382
(b) In choosing the most favorable method
for the sale of property under this subsection, the department may consider:
(A) A public oral auction;
(B) An electronic commerce forum; and
(C) Any other method for sale that ensures
the highest returns and provides for open, public participation.
(c) In choosing the most favorable
location for the sale of property under this subsection, the department may
consider:
(A) The population of the location;
(B) The cost of conducting the sale in the
location;
(C) The type of property being sold;
(D) The public access to the proposed sale
location, including parking; and
(E) Any other indicator of market
potential of the location.
(2) For a sale by public oral auction held
under subsection (1) of this section, the department shall publish at least a
single notice of the sale at least 10 days in advance of the sale in a
newspaper of general circulation in the county where the property is to be
sold. For a sale by a method other than public oral auction, the department
shall publish at least a single notice in a newspaper of general circulation in
(3) Securities listed on an established
stock exchange shall be sold on the exchange at prices prevailing on the
exchange at the time of sale. Other securities may be sold over the counter at
prices prevailing at the time of sale or by any other method the administrator
considers advisable.
(4) All securities and other intangible
properties presumed abandoned under ORS 98.362 and delivered to the department
shall be sold by the department at such time and place and in such manner as in
the departments judgment will bring the highest return.
(5) The department shall indemnify the
holder of securities presumed abandoned under ORS 98.322 to the extent allowed
by the Oregon Constitution. The department shall establish procedures by
administrative rule to pay the rightful owner proceeds received from securities
that were sold before the owner filed a claim to recover such securities.
(6) The purchaser at a sale conducted by
the department pursuant to this section shall receive title to the property
purchased, free from all claims of the owner or prior holder of the property
and of all persons claiming through or under them. The department shall execute
all documents necessary to complete the transfer of title. [1957 c.670 §19;
1983 c.716 §15; 1993 c.694 §13; 2003 c.272 §4]
98.384
Destruction or disposition of unclaimed property. If the Department of State Lands determines
after investigation that any property delivered under ORS 98.352 has
insubstantial commercial value, the department may destroy or otherwise dispose
of the property at any time. No action or proceeding may be maintained against
the state or any officer or against the holder for or on account of any action
taken by the department pursuant to this section. [1983 c.716 §37; 1993 c.694 §14]
98.386
Deposit of funds. (1) All
funds received under ORS 98.302 to 98.436 and 98.992, including the proceeds
from the sale of unclaimed property under ORS 98.382, shall be deposited by the
Department of State Lands in the Common School Fund Account with the State
Treasurer. Before making the deposit the department shall record the name and
last-known address of each person appearing from the holders reports to be
entitled to the unclaimed property and the name and last-known address of each
insured person or annuitant, and with respect to each policy or contract listed
in the report of a life insurance corporation, its number, the name of the
corporation, and the amount due.
(2) Before making a deposit to the credit
of the Common School Fund Account, the department may deduct:
(a) Any costs in connection with sale of
unclaimed property;
(b) Any costs of mailing and publication
in connection with efforts to locate owners of unclaimed property as prescribed
by rule; and
(c) Reasonable service charges. [1957
c.670 §20; 1983 c.716 §16; 1989 c.183 §2; 1993 c.694 §15]
98.388
Unclaimed Property Revolving Fund. There is created from unclaimed property funds an Unclaimed Property
Revolving Fund. The moneys in the fund are appropriated continuously to the
Department of State Lands for the purpose of repaying claims as provided under
ORS 98.396. [1969 c.594 §66; 1983 c.716 §17; 1993 c.694 §16]
98.390 [Repealed by 1957 c.670 §37]
98.392
Claim for unclaimed property delivered to Department of State Lands; time for
claim; claims for securities.
A person claiming an interest in unclaimed property reported to the Department
of State Lands may file a claim to the property or to the proceeds from the
sale of the property at any time after the person learns that the property has
been reported to the department. Claims shall be filed on the form prescribed
by the department. The department may require the person to provide a lost
instrument bond if the claim is for securities and the person does not
surrender the original certificate to the department. [1957 c.670 §21; 1977
c.609 §1; 1983 c.716 §18; 1991 c.213 §1; 1993 c.694 §17; 1997 c.85 §1]
98.396
Determination of claim; payment; reimbursement. (1) The Department of State Lands shall
consider any claim filed under ORS 98.392 and may hold a hearing and receive
evidence concerning the claim. If a hearing is held, the department shall
prepare findings and a decision in writing on each claim filed, stating the
substance of any evidence heard by the department and the reasons for the
decision. The decision shall be a public record.
(2) If the claim allowed is for property
deposited in the Common School Fund Account, the department shall return the
property or make payment of the proceeds of the sale of the property to the
claimant.
(3) If the claim allowed is for funds
deposited in the General Fund, the department shall pay the claim and file a
request for reimbursement with the State Treasurer. The State Treasurer shall
reimburse the department within five working days from the fund against which
the check or order represented in the claim was issued. [1957 c.670 §22; 1983
c.716 §19; 1989 c.183 §3; 1993 c.694 §18]
98.400 [Repealed by 1957 c.670 §37]
98.402
Hearing on claim; judicial action if administrator fails to act. (1) A person aggrieved by a decision of the
administrator may request a hearing regarding the decision. The Department of
State Lands shall conduct the hearing as a contested case proceeding in
accordance with ORS 183.413 to 183.470.
(2) If the administrator fails to act on a
claim within 120 days after a person files the claim under ORS 98.392, the
person may file a petition under ORS 183.484 to request a court to compel the
department to act pursuant to ORS 183.490. [1957 c.670 §23; 1983 c.716 §20;
2003 c.272 §5]
98.406 [1957 c.670 §24; 1983 c.716 §21; repealed by
1993 c.694 §39]
98.410 [Repealed by 1957 c.670 §37]
98.412
Records and reports; examination; hearing. (1) The Department of State Lands may require a person who has not
filed a report to file a verified report stating whether or not the person is
holding any unclaimed property reportable or deliverable under ORS 98.352.
(2) The department may at reasonable times
and upon reasonable notice examine the records of any person to determine
whether the person has complied with the provisions of ORS 98.352. The
department may conduct the examination even if the person believes it is not in
possession of any property reportable or deliverable under this section.
(3) To the extent possible, the department
shall enter into agreements with state and federal agencies that regularly
examine the records of financial institutions, trust companies, financial
holding companies and bank holding companies, as defined in ORS 706.008, and of
subsidiaries of such financial institutions, trust companies, financial holding
companies and bank holding companies. Under the agreements, the state and
federal agencies shall examine the records of the financial institution, trust
company, financial holding company, bank holding company or subsidiary to
determine compliance with ORS 98.352. If a state or federal agency does not
enter into an agreement with the department under this subsection, the
department shall conduct the examination of the records of financial
institutions, trust companies, financial holding companies and bank holding
companies to determine compliance with ORS 98.352.
(4) If a holder fails to maintain the
records required by ORS 98.354 and the records of the holder available for the
periods subject to ORS 98.302 to 98.436 and 98.992 are insufficient to permit
the preparation of a report, the department may issue a finding that requires
the holder to report and pay the amounts that the department reasonably
estimates from the report and available records. The department shall include
in its finding a notice substantially similar to that specified under ORS
183.415. Additionally, the notice shall include information about opportunities
to resolve disputes through a collaborative dispute resolution process.
(5) Any holder subject to examination
under this section may request a hearing regarding the findings issued by the
department. The department shall conduct a hearing under this subsection as a
contested case proceeding in accordance with ORS 183.413 to 183.470. [1957
c.670 §25; 1983 c.716 §22; 1993 c.694 §20; 1997 c.480 §§1,1a; 2001 c.377 §41;
2003 c.272 §6]
98.416
Proceeding to compel delivery of unclaimed property; interest. (1) If any person refuses to deliver
property to the Department of State Lands as required under ORS 98.352, the
department may bring a suit or action in a court of appropriate jurisdiction to
enforce delivery of the property.
(2) The department may require a person
who fails to pay or deliver property within the time prescribed by ORS 98.302
to 98.436 and 98.992 to pay interest from the date the department determines
interest should have been paid. Interest shall be paid at the rate set by the
Director of the Department of Revenue pursuant to ORS 305.220 (1) and (3). [1957
c.670 §26; 1983 c.716 §23; 1993 c.694 §26; 2003 c.272 §7]
98.418 [1983 c.716 §40; repealed by 1985 c.336 §1]
98.420 [Repealed by 1957 c.670 §37]
98.422
Rules. The administrator is
authorized to adopt necessary rules to carry out the provisions of ORS 98.302
to 98.436 and 98.992. [1957 c.670 §27; 1983 c.716 §25]
98.424
Agreements with other states; exchange of information; rules; Attorney General
action in name of other state.
(1) The Department of State Lands may enter into agreements with other states
to exchange information needed to enable this or another state to audit or
otherwise determine unclaimed property that this state or another state may be
entitled to subject to a claim of custody under ORS 98.348. The department may
adopt rules requiring the other states to report information needed to enable
compliance with agreements made pursuant to this section and prescribing the
form for making a claim of custody under ORS 98.348.
(2) To avoid conflicts between the
departments procedures and the procedures of administrators in other
jurisdictions that enact an unclaimed property act, the department, so far as
is consistent with the purposes, policies and provisions of ORS 98.302 to
98.436 and 98.992, before adopting, amending or repealing rules, shall advise
and consult with administrators in other jurisdictions that enact a
substantially similar unclaimed property act and take into consideration the rules
of administrators in other jurisdictions that enact an unclaimed property act.
(3) The department may join with other
states to seek enforcement of ORS 98.302 to 98.436 and 98.992 against any
person who is or may be holding property reportable under ORS 98.352.
(4) At the request of another state, the
Attorney General of this state may bring an action in the name of another state
to enforce the unclaimed property laws of the other state against a holder in
this state of property subject to escheat or a claim of abandonment by the
other state, if the other state has agreed to pay expenses incurred by the
attorney general in bringing the action, including attorney fees.
(5) The department, through the Attorney
General of this state, may request the attorney general of another state or any
other person to bring an action in the other state in the name of the
department against the holder of property in the other state that is subject to
escheat or a claim of abandonment by this state. This state shall pay all
expenses including attorney fees in any action under this subsection. Any
expenses paid pursuant to this subsection may not be deducted from the amount
that is subject to the claim by the owner under ORS 98.302 to 98.436 and
98.992.
(6) The Department of State Lands shall
not disclose to any other state any confidential information provided by the
Department of Revenue from taxpayer returns. [1983 c.716 §39; 1985 c.403 §3;
1993 c.694 §21]
98.426 [1957 c.670 §§28, 35; 1983 c.716 §25;
repealed by 1993 c.694 §39]
98.430 [Repealed by 1957 c.670 §37]
98.432
Uniformity of interpretation.
This Act shall be so construed as to effectuate its general purpose to make
uniform the law of those states which enact the Uniform Disposition of
Unclaimed Property Act. [1957 c.670 §2]
Note: Pursuant to 173.160, Legislative Counsel has
not substituted specific ORS references for the words this Act in sections 1,
2 and 36, chapter 670, Oregon Laws 1957, compiled as 98.432, 98.436 and 98.991.
The sections for which substitution otherwise would be made may be determined
by referring to the 1957 Comparative Section Table located in Volume 20 of ORS.
98.436
Short title. This Act may be
cited as the Uniform Disposition of Unclaimed Property Act. [1957 c.670 §1]
Note: See note under 98.432.
98.440 [Repealed by 1957 c.670 §37]
UNORDERED
GOODS
98.450
Unordered goods presumed gifts.
(1) If a person mails or sends goods, newspapers or periodicals of a value of
less than $20 to a person in this state without first receiving an order for
such items, the items are conclusively presumed to be a gift and no obligation
shall accrue against the recipient.
(2) If a person deliberately and
intentionally mails or sends goods, newspapers, or periodicals of a value in
excess of $20 to a person in this state without first receiving an order for
such items, the items are presumed to be a gift. [1969 c.354 §1]
MOLDS AND
FORMS
98.470
Definitions for ORS 98.470 to 98.490. As used in ORS 98.470 to 98.490, unless the context requires otherwise:
(1) Customer means any person who causes
a molder to:
(a) Fabricate, cast or otherwise make a
mold; or
(b) Use a mold to manufacture, assemble or
otherwise make any product.
(2) Mold includes any die, mold or form
used to manufacture, assemble or otherwise make any product.
(3) Molder means any person including,
but not limited to a tool or die maker, who:
(a) Fabricates, casts or otherwise makes a
mold; or
(b) Uses a mold to manufacture, assemble
or otherwise make any product. [1981 c.333 §1]
98.475
Molder may take title to unclaimed mold. If a customer fails to take possession of any mold within three years
after the date on which the customer last caused the molder to use the mold,
the molder may take all rights, title and interest in the mold pursuant to ORS
98.480. [1981 c.333 §2]
98.480
Notice to customer; contents.
(1) If a molder chooses to take all rights, title and interest in any mold, the
molder shall mail to the customer, at the customers last-known address, a
notice. The molder shall send the notice by registered or certified mail,
return receipt requested.
(2) The notice required by subsection (1)
of this section shall state that the molder intends to terminate all of the
customers rights, title and interest in the mold unless the customer:
(a) Responds within 120 days from the date
the notice was mailed; and
(b) Arranges with the molder that the
customer shall take possession of the mold or that the molder shall store the
mold for the customer. [1981 c.333 §3; 1991 c.249 §11]
98.485
Duty to make mold unusable when title not taken. If a molder does not choose to exercise the
rights provided under ORS 87.870 to 87.876 or 98.475, the molder shall render
the mold unusable as a mold and destroy or otherwise dispose of the mold. [1981
c.333 §4; 2001 c.863 §5]
98.490
Effect of written agreement between molder and customer. ORS 98.470 to 98.490 apply except as
otherwise provided by written agreement between any molder and the molders
customer. [1981 c.333 §5]
98.510 [Repealed by 1969 c.354 §2]
98.610 [Amended by 1991 c.331 §24; repealed by 1995
c.733 §74]
98.620 [Repealed by 1995 c.733 §74]
98.630 [Amended by 1957 c.459 §2; repealed by 1995
c.733 §74]
REMOVAL OF
TREES OR LOGS FROM COUNTY ROADS OR STATE HIGHWAYS
98.640
Owners duty to remove trees, logs, poles or piling deposited on state
highways. (1) No person
shall place or deposit any trees, timber, logs, poles or piling upon the right
of way of any state highway or upon any real property adjacent thereto which is
owned by the state, by and through its Department of Transportation, except
with permission of any duly authorized weighmaster, motor carrier enforcement
officer or peace officer given in connection with the removal of portions of
loads, which removal is pursuant to ORS 810.490.
(2) Any trees, timber, logs, poles or
piling so placed or deposited whether pursuant to said permission of a
weighmaster, motor carrier enforcement officer or peace officer or accidentally
or in violation of this section, or which have fallen, dropped or been blown
upon said right of way or said adjacent property, shall be removed by the owner
thereof within a period of not more than 30 days. [1953 c.312 §1; 1983 c.338 §884;
1993 c.741 §103]
98.642
Effect of failure to remove trees, logs, poles or piling. Any trees, timber, logs, poles or piling
which remain for a period of more than 30 days upon the right of way of any
state highway or upon real property adjacent thereto which is owned by the
state, by and through its Department of Transportation, shall be conclusively
presumed abandoned, and title thereto shall vest in the state, by and through
its Department of Transportation, and the department is hereby authorized to
remove, destroy, sell or otherwise dispose of the same. [1953 c.312 §2]
98.644
ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling. The provisions of ORS 98.640 and 98.642
shall not apply to trees, timber, logs, poles or piling which have been placed
or deposited or allowed to remain upon the right of way of a state highway or
real property adjacent thereto under the provisions of a permit granted by the
Department of Transportation, nor to poles erected upon the right of way of a
state highway for the purpose of carrying telegraph, telephone or electric
lines or wires. [1953 c.312 §3]
98.650
Owners duty to remove trees, logs, poles or piling deposited on county roads. (1) No person shall place or deposit any
trees, timber, logs, poles or piling upon the right of way of any county road,
except with permission of any duly authorized weighmaster or peace officer
given in connection with the removal of portions of loads, which removal is
pursuant to ORS 810.490.
(2) Any trees, timber, logs, poles or
piling so placed or deposited, accidentally or in violation of this section, or
which have fallen, dropped or been blown upon said right of way, shall be
removed by the owner thereof within a period of not more than 30 days. [1953
c.339 §1; 1983 c.338 §885]
98.652
Effect of failure to remove trees, logs, poles or piling. Any trees, timber, logs, poles or piling
which remain for a period of more than 30 days upon the right of way of any
county road shall be conclusively presumed abandoned, and title thereto shall
vest in the county having jurisdiction over such county road, and the county
court or board of county commissioners of said county may remove, destroy, sell
or otherwise dispose of the same. [1953 c.339 §2]
98.654
ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and
to certain county roads. The
provisions of ORS 98.650 and 98.652 shall not apply to trees, timber, logs,
poles or piling which have been placed or deposited or allowed to remain upon
the right of way of a county road under the provisions of a permit granted by
the county court or board of county commissioners having jurisdiction over said
county road, nor to poles placed upon the right of way of a county road under
authority of ORS 758.010 or 758.020, nor to any county road which is not maintained
for public travel by the county court or board of county commissioners of the
county in which the road is located. [1953 c.339 §3]
98.710 [Repealed by 1957 c.670 §37]
DISPOSITION
OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES
98.805
Definitions for ORS 98.810 to 98.818, 98.830, 98.835 and 98.840. As used in this section and ORS 98.810 to
98.818, 98.830, 98.835 and 98.840:
(1) Owner of a parking facility means:
(a) The owner, lessee or person in lawful
possession of a private parking facility; or
(b) Any officer or agency of this state
with authority to control or operate a parking facility.
(2) Owner of proscribed property means
the owner, lessee or person in lawful possession of proscribed property.
(3) Parking facility means any property
used for vehicle parking.
(4) Proscribed property means any part
of private property:
(a) Where a reasonable person would
conclude that parking is not normally permitted at all or where a land use
regulation prohibits parking; or
(b) That is used primarily for parking at
a dwelling unit. As used in this paragraph, dwelling unit means a
single-family residential dwelling or a duplex.
(5) Tower means a person issued a towing
business certificate under ORS 822.205.
(6) Vehicle has the meaning given that
term in ORS 801.590. [1979 c.100 §2; 1981 c.861 §23; 1983 c.436 §2; 2007 c.538 §9]
98.810
Unauthorized parking of vehicle on proscribed property prohibited. A person may not, without the permission of:
(1) The owner of a parking facility, leave
or park any vehicle on the parking facility if there is a sign displayed in
plain view at the parking facility prohibiting or restricting public parking on
the parking facility.
(2) The owner of proscribed property,
leave or park any vehicle on the proscribed property whether or not there is a
sign prohibiting or restricting parking on the proscribed property. [1953 c.575
§1; 1979 c.100 §3; 1981 c.861 §24; 1983 c.436 §3; 2007 c.538 §10]
98.812
Towing and storage of unlawfully parked vehicle; lien for towage, care and
storage charges; notice requirements. (1) If a vehicle has been left or parked in violation of ORS 98.810,
the owner of the parking facility or the owner of the proscribed property may
have a tower tow the vehicle from the parking facility or the proscribed
property and place the vehicle in storage at a secure location under the
control of the tower.
(2) A tower who tows a vehicle at the
request of an owner of a parking facility or the owner of proscribed property
under this section shall provide to the owner or operator of the vehicle the
information required in ORS 98.856 in the manner provided in ORS 98.856.
(3) A tower is entitled to a lien on a
towed vehicle and its contents for the towers just and reasonable charges and
may retain possession thereof until the just and reasonable charges for the
towage, care and storage of the towed vehicle have been paid if the tower
complies with the following requirements:
(a) The tower shall notify the local law
enforcement agency of the location of the towed vehicle within one hour after
the towed vehicle is placed in storage;
(b) If the towed vehicle is registered in
(c) If the towed vehicle is not registered
in
(4) The lien created by subsection (3) of
this section may be foreclosed only in the manner provided by ORS 87.172 (3)
and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS
87.152. [1953 c.575 §2; 1977 c.634 §1; 1979 c.100 §4; 1981 c.861 §25; 1983
c.436 §4; 1993 c.385 §2; 2001 c.424 §1; 2007 c.538 §11]
98.814 [1953 c.575 §4; 1965 c.343 §21; repealed by
1983 c.436 §15]
98.816 [1953 c.575 §5; 1965 c.343 §22; repealed by
1983 c.436 §15]
98.818
Preference of lien. The lien
created by ORS 98.812 shall have preference over any and all other liens or
encumbrances upon the vehicle. [1953 c.575 §3; 2007 c.538 §11a]
98.830
Towing abandoned vehicle from private property; conditions. A person who is the owner, or is in lawful
possession, of private property on which a vehicle has been abandoned may have
a tower tow the vehicle from the property if:
(1) The person affixes a notice to the
vehicle stating that the vehicle will be towed if it is not removed. The notice
required by this subsection must remain on the vehicle for 72 hours before the
vehicle may be removed.
(2) The person fills out and signs a form
that includes:
(a) A description of the vehicle to be
towed;
(b) The location of the property from
which the vehicle will be towed; and
(c) A statement that the person has
complied with subsection (1) of this section. [1995 c.758 §1; 2007 c.538 §12]
98.835
Immunity from civil liability for towing abandoned vehicle; lien for towage,
care and storage charges; notice requirements. (1) A tower who tows a vehicle pursuant to
ORS 98.830 is immune from civil liability for towing the vehicle if the tower
has a form described in ORS 98.830 (2), filled out by a person purporting to be
the owner or a person in lawful possession of the private property from which
the vehicle is towed. This subsection does not grant immunity for any loss,
damage or injury arising out of any negligent or willful damage to, or
destruction of, the vehicle that occurs during the course of the towing.
(2) The tower who tows a vehicle pursuant
to ORS 98.830 is entitled to a lien on the towed vehicle and its contents for
the towers just and reasonable charges. The tower may retain possession of the
towed vehicle until the just and reasonable charges for the towage, care and
storage of the towed vehicle have been paid if the tower complies with the
following requirements:
(a) The tower shall notify the local law
enforcement agency of the location of the towed vehicle within one hour after
the towed vehicle is placed in storage;
(b) If the towed vehicle is registered in
(c) If the towed vehicle is not registered
in
(3) The lien created by subsection (2) of
this section may be foreclosed only in the manner provided by ORS 87.172 (3)
and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS
87.152. [1995 c.758 §2; 2001 c.424 §2; 2007 c.538 §13]
98.840
Towing vehicle alternative to procedure in ORS 98.810 to 98.818. The procedure authorized by ORS 98.830 and
98.835 for removal of abandoned vehicles from private property may be used by
persons described in ORS 98.805 as an alternative to the procedures described
in ORS 98.810 to 98.818. [1995 c.758 §4; 2007 c.538 §13a]
98.990 [Repealed by 1957 c.670 §37]
INVOLUNTARY
LOSS OF USE OF VEHICLES
98.850
Legislative findings and declaration. (1) The Legislative Assembly finds that:
(a) 49 U.S.C. 14501(c)(1) limits the
authority of the state and political subdivisions of the state to enact or
enforce laws or ordinances related to price, route or service of motor carriers
with respect to the transportation of property.
(b) 49 U.S.C. 14501(c)(2)(A) exempts, from
the limits described in paragraph (a) of this subsection, safety regulations
with respect to motor vehicles.
(c) 49 U.S.C. 14501(c)(2)(C) exempts, from
the limits described in paragraph (a) of this subsection, laws or ordinances
relating to the price of for-hire motor vehicle transportation by a tow truck
if the transportation is performed without the prior consent or authorization
of the owner or operator of the motor vehicle.
(2) The Legislative Assembly declares
that:
(a) Statutes that assist members of the
public in avoiding involuntary loss of use of motor vehicles and in expediting
recovery of motor vehicles and the personal property in the motor vehicles
promote the safety and welfare of members of the public.
(b) ORS 98.810 to 98.818 do not preempt
any authority that a local government, as defined in ORS 174.116, may have to
regulate the price of for-hire motor vehicle transportation by a tow vehicle if
the transportation is performed without the prior consent or authorization of
the owner or operator of the motor vehicle. [2007 c.538 §1]
98.852
Definitions for ORS 98.854 to 98.862. As used in ORS 98.854 to 98.862:
(1) Consideration has the meaning given
that term in ORS 171.725.
(2) Motor vehicle has the meaning given
that term in ORS 801.360.
(3) Parking facility has the meaning
given that term in ORS 98.805.
(4) Tower means a person that:
(a) Owns or operates a tow vehicle for
profit; or
(b) Is employed by a person that owns or
operates a tow vehicle for profit.
(5) Tow vehicle has the meaning given
that term in ORS 801.530. [2007 c.538 §2]
98.854
Prohibitions placed on tower of vehicles. A tower may not:
(1) Tow a motor vehicle without providing
to the owner or operator of the motor vehicle the information required under
ORS 98.856 in the manner required under ORS 98.856.
(2) Charge more than a price disclosed
under ORS 98.856.
(3) Solicit towing business at, or within
1,000 feet of, the site of a motor vehicle accident, unless the tower tows the
motor vehicle pursuant to a prenegotiated payment agreement between the tower
and a motor vehicle road service company.
(4)(a) Except as provided in paragraph (b)
of this subsection, park a tow vehicle within 1,000 feet of a parking facility
for the purpose of monitoring the parking facility for towing business.
(b) A tower may park a tow vehicle within
1,000 feet of a parking facility for the purpose of monitoring the parking
facility for towing business if the tower provides notice of the hours during
which monitoring occurs on signs that are clearly readable by an operator of a
motor vehicle in each parking stall or at each entrance to the parking
facility.
(5)(a) Provide consideration to obtain the
privilege of towing motor vehicles from a parking facility.
(b) Provision of:
(A) Signs by a tower under ORS 98.862 does
not constitute consideration.
(B) Goods or services by a tower below
fair market value constitutes consideration.
(6) Require, as a condition of towing a
motor vehicle or releasing a motor vehicle or personal property in the motor
vehicle, that the owner or operator of the motor vehicle agree not to dispute:
(a) The reason for the tow;
(b) The validity or amount of charges; or
(c) The responsibility of the tower for
the condition of the motor vehicle or personal property in the motor vehicle.
(7) Hold a towed motor vehicle for more
than 24 hours without:
(a) Taking an inventory of all personal
property in the motor vehicle that is visible from the exterior of the motor
vehicle; and
(b) Holding the personal property in the
motor vehicle in a secure manner.
(8) Accept cash as a method of payment for
towing services unless the tower provides exact change not later than the end
of the business day following receipt of payment. [2007 c.538 §3]
98.856
Tower responsibility of disclosure to owner or operator of vehicle. (1) A tower shall disclose to the owner or
operator of a motor vehicle in a conspicuous written statement of at least
10-point boldfaced type:
(a) The prices the tower charges for goods
and services;
(b) The location where the tower will:
(A) Store the motor vehicle and personal
property in the motor vehicle; or
(B) Tow the motor vehicle, if the tower is
towing the motor vehicle to a location other than a location under the control
of the tower;
(c) The telephone number and any other
means of contacting the tower, and the hours of availability at that telephone
number and at the other means of contacting the tower;
(d) The methods of payment that the tower
accepts; and
(e) That, if the owner or operator of the
motor vehicle pays for the tow with cash, the tower will provide, in person or
by mail, exact change not later than the end of the business day following
receipt of payment.
(2) If the owner or operator is present at
the time of the tow, the tower shall provide the information required under
subsection (1) of this section to the owner or operator of the motor vehicle
before towing the motor vehicle.
(3) If the owner or operator of the motor
vehicle is not present at the time of the tow, the tower shall provide the
information required under subsection (1) of this section to the owner or
person in lawful possession of the motor vehicle prior to the time the owner or
person in lawful possession of the motor vehicle redeems the motor vehicle.
(4)(a) As used in this subsection, business
day means Monday through Friday, excluding legal holidays.
(b) If the owner or operator of the motor
vehicle is not present at the time of the tow:
(A) Within five business days from the
date of the tow, the tower shall request the name and address of the owner of
the motor vehicle from the state motor vehicle agency for the state in which
the motor vehicle is registered.
(B) The tower shall provide the
information required under subsection (1) of this section to the owner of the
motor vehicle by mail by the end of the first business day following receipt of
the information from the state motor vehicle agency.
(C) If the owner of the motor vehicle or a
person in lawful possession of the motor vehicle redeems the motor vehicle or
contacts the tower prior to five business days after the tow, the tower is not
required to contact the state motor vehicle agency.
(5) If the owner or operator of the motor
vehicle is not present at the time of the tow but the owner or operator of the
motor vehicle requested the tow and arranged to pay the tower directly, the
tower may obtain the name and address of the owner of the motor vehicle from
the owner or operator of the motor vehicle and may provide the information
required under subsection (1) of this section:
(a) Within five business days after the
tow; or
(b) With a copy of the invoice for the tow
or upon receipt of payment, whichever first occurs. [2007 c.538 §4]
98.858
Right of owner or person in lawful possession of vehicle to redeem vehicle,
contact tower and obtain property of emergency nature. (1) A tower in physical possession of a
motor vehicle shall permit the owner or person in lawful possession of a motor
vehicle the tower has towed to:
(a) Redeem the motor vehicle:
(A) Between 8 a.m. and 6 p.m. Monday
through Friday, excluding legal holidays;
(B) At all other hours, within 60 minutes
after asking the tower to release the motor vehicle; and
(C) Within 30 minutes of a time mutually
agreed upon between the tower and the owner or person in lawful possession of
the motor vehicle;
(b) Contact the tower at any time to
receive information about the location of the motor vehicle and instructions
for obtaining release of the motor vehicle; and
(c) Obtain all personal property of an
emergency nature in the motor vehicle within the time allowed under paragraph
(a) of this subsection.
(2) A tower may not charge the owner or
person in lawful possession of the motor vehicle a fee in any amount to obtain
personal property of an emergency nature except for a gate fee between the
hours of 6 p.m. and 8 a.m. Monday through Friday, or on a Saturday, a Sunday or
a legal holiday.
(3) As used in this section, personal
property of an emergency nature includes but is not limited to prescription
medication, eyeglasses, clothing, identification, a wallet, a purse, a credit
card, a checkbook, cash and child safety car and booster seats. [2007 c.538 §5]
98.860
Conditions for release of vehicle to insurance company undertaking to adjust
claim; towers good-faith release of vehicle. (1) For purposes of this section, an insurance company undertaking to
adjust a claim involving a towed motor vehicle is a person in lawful possession
and entitled to release of the motor vehicle if:
(a) The insurance company has obtained
permission from the owner or another person in lawful possession of the motor
vehicle to secure release of the motor vehicle; and
(b) The insurance company transmits to the
tower by facsimile or electronic mail a document that reasonably identifies the
insurance company as a person in lawful possession and directs the tower to
release the motor vehicle to a person designated by the insurance company.
(2) A tower who, in good faith, releases a
motor vehicle under subsection (1) of this section is not liable for damages
for releasing the motor vehicle to a person designated by the insurance company
or for damages that arise after release of the motor vehicle.
(3) This section does not prohibit a tower
from releasing a motor vehicle to an insurance company in a manner other than
that provided for in subsection (1) of this section. [2007 c.538 §6]
98.862
Exceptions to requirements of ORS 98.856. A tower need not provide the written information required under ORS
98.856 if:
(1) The motor vehicle is towed from a parking
facility where the tower has provided the information on signs that are clearly
readable by an operator of a motor vehicle in each parking stall or at each
entrance to the parking facility.
(2) The tower is hired or otherwise
engaged by an agency taking custody of a vehicle under ORS 819.140.
(3) The tower tows the motor vehicle under
a prenegotiated payment agreement between the tower and a motor vehicle road
service company or an insurance company.
(4) The tower is hired or otherwise
engaged by a business entity at the request of the owner or operator of the
motor vehicle to tow the motor vehicle. [2007 c.538 §7]
98.864
Rules. The Attorney General
may adopt rules to implement ORS 98.854 to 98.862. [2007 c.538 §8]
PENALTIES
98.991
Penalties relating to unclaimed property. (1) Any person who willfully fails to render any report or perform
other duties required under this Act is guilty of a misdemeanor.
(2) Any person who willfully refuses to
pay or deliver unclaimed property to the Department of State Lands as required
under this Act is guilty of a misdemeanor. [1957 c.670 §36; 1993 c.694 §22]
Note: See note under 98.432.
98.992
Penalty for failure to report, pay or deliver property under ORS 98.302 to
98.436. A person who
willfully fails to render any report, to pay or deliver property or to perform
other duties required by ORS 98.302 to 98.436 and 98.992 may be required to
forfeit and pay to the State Treasurer to be deposited in the Common School
Fund Account, an amount determined by the Department of State Lands pursuant to
ORS 183.745 of not more than $1,000 for individuals and $50,000 for
corporations. This penalty shall be assessed only after at least one reporting
cycle, and only after the department has provided the person with written instructions,
including copies of applicable laws and policies. The department may waive any
penalty due under this section with appropriate justification. [1993 c.694 §25]
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