Chapter 98 — Lost, Unclaimed or Abandoned Property; Vehicle Towing

 

2023 EDITION

 

 

LOST, UNCLAIMED OR ABANDONED PROPERTY; TOWS

 

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

 

98.045       Applicability to unclaimed prepaid transportation cards

 

FINDER’S REPORTS

 

98.050       Finder’s 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       Sale

 

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       Sale of perishable property

 

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       Intangible property subject to custody of state

 

98.308       Intangible property held by financial institution

 

98.309       Traveler’s 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

 

98.319       U.S. savings bonds presumed abandoned; escheat proceedings

 

98.322       Unclaimed securities or distributions

 

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       Wages or 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

 

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 unclaimed securities or distributions

 

98.366       Relief from liability by payment or delivery

 

98.372       Income accruing on unclaimed property after delivery to State Treasurer

 

98.376       Periods of limitation not a bar

 

98.379       Retention of abandoned military medals; transfer of custody; rules

 

98.382       Sale of abandoned and unclaimed property; methods; rules

 

98.384       Destruction or disposition of unclaimed property

 

98.386       Deposit of funds

 

98.389       Unclaimed Property and Estates Fund; transfers from fund

 

98.392       Claiming unclaimed property; lawyer trust account funds; rules

 

98.396       Determination of claim; payment; reimbursement

 

98.402       Hearing on claim; petition to compel action

 

98.412       Verified report; examination of records; failure to maintain records

 

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

 

SHOPPING CARTS

 

98.515       Unauthorized appropriation of shopping carts

 

98.520       Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts

 

REMOVAL OF TREES OR LOGS FROM COUNTY ROADS OR STATE HIGHWAYS

 

98.640       Owner’s 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       Owner’s 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 and 98.840

 

98.810       Unauthorized parking of vehicle on proscribed property prohibited

 

98.811       Notice of parking violation; certificate of nonliability; dismissal of notice

 

98.812       Towing of unlawfully parked vehicle; lien for towage, care and storage charges; notice requirements

 

98.818       Preference of lien

 

98.820       Towing vehicle from fuel dispensary premises; civil immunity; lien

 

98.830       Towing abandoned vehicle from private property; civil immunity; lien

 

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 98.853 to 98.862

 

98.853       Conditions allowing towing; conditions requiring release of vehicle

 

98.854       Prohibitions placed on tower

 

98.856       Tower responsibility of disclosure to owner or operator of vehicle

 

98.857       Recovery of stolen vehicle; tower responsibility to notify owner

 

98.858       Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature

 

98.859       Maximum rates for towing; process for complaints; exceptions

 

98.860       Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s good-faith release of vehicle

 

98.861       Licenses for towing; fees

 

98.862       Exceptions to requirements of ORS 98.856

 

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 $250 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; 2013 c.220 §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 $250 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; 2013 c.220 §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]

 

      98.045 Applicability to unclaimed prepaid transportation cards. (1) The provisions of ORS 98.005, 98.015, 98.025 and 98.302 to 98.436 do not apply to prepaid transportation cards that are held or owing in the ordinary course of the holder’s business and that have remained unclaimed by the owner.

      (2) As used in this section, “prepaid transportation card” means any prefunded record evidencing a promise that one or more units of state or local government of any state will provide to the owner or holder of the record, in the amount shown in the record, transportation services that may include but are not limited to the use of a transit system, road or bridge access, use of the transportation system of a transportation district and parking access. [2016 c.58 §1]

 

FINDER’S REPORTS

 

      98.050 Finder’s reports; rules; fee. (1) The State Treasurer may compile information or data into finder’s reports at the request of any person to assist in finding the owners of abandoned or unclaimed property.

      (2) The State Treasurer shall adopt by rule a fee charged for copies of finder’s reports that is commensurate with preparation costs including production, duplication and staff time involved. [1987 c.708 §§1,2; 2001 c.237 §2; 2019 c.678 §54]

 

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 Sale. The constable or sheriff receiving the inventory and order provided for in ORS 98.160 shall give 10 days’ notice of the sale by posting written notices thereof in three or more places in such constable district, or in the county, and sell the property at public auction to the highest bidder in the same manner as provided by law for sales under execution from justice courts. [Amended by 1963 c.228 §2]

 

      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 Sale of perishable property. Perishable property consigned or left as mentioned in ORS 98.110, if not reclaimed within 30 days after it was left, may be sold by giving 10 days’ notice thereof. The sale shall be conducted and the proceeds of the sale shall be applied as provided in ORS 98.170 to 98.210. Any property in a state of decay or manifestly liable to immediately become decayed, may, after inspection, be summarily sold by order of a justice of the peace, as provided in ORS 98.160.

 

      98.240 Fees allowed to justice of peace and constable or sheriff. A justice of the peace shall receive $9 for each day’s 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 sheriff’s office, a municipal police department, a state police office, the Department of Corrections, 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; 2021 c.206 §7]

 

      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) “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.

      (2) “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.

      (3) “Domicile” means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person.

      (4) “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.

      (5) “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.

      (6) “Insurance company” means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, that 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.

      (7) “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.

      (8) “Last-known address” means a description of the location of the apparent owner sufficient for the purpose of delivery of mail.

      (9) “Lawful deduction” means a deduction related to the purpose of an account or deposit, for example, to satisfy unpaid utility bills.

      (10) “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in case of other intangible property, or a person, or the person’s legal representative, having a legal or equitable interest in property.

      (11) “Person” means an individual, business association, state or other government or political subdivision or agency, public corporation, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity.

      (12) “Service charge” means fees or charges that are limited to a specific situation and that meet basic contractual and notice requirements.

      (13) “State” means any state, district, commonwealth, territory, insular possession or any other area subject to the legislative authority of the United States.

      (14) “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; 2009 c.294 §14; 2019 c.678 §7]

 

      98.304 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 electronically or 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 with the financial institution.

      (d) Owned other property to which paragraph (a), (b) or (c) of this subsection applies, and the financial institution has communicated electronically or 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 electronically or in writing with the financial institution; or

      (B) Otherwise indicated an interest as evidenced by a memorandum or other record on file with the financial institution, and the financial institution has communicated electronically or 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 owner’s 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 electronically or in writing with the financial institution or otherwise indicates consent as evidenced by a memorandum or other record on file with 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 cashier’s 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 electronically or in writing with the financial institution concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the institution.

      (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; 2021 c.196 §1]

 

      98.309 Traveler’s check or money order presumed abandoned. (1) Subject to subsection (4) of this section, any sum payable on a traveler’s check that has been outstanding for more than 15 years after its issuance is presumed abandoned unless the owner, within 15 years, has communicated electronically or in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with 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 electronically or in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the issuer.

      (3) A holder may not deduct from the amount of a traveler’s 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 traveler’s 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 traveler’s 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 traveler’s 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 traveler’s 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 traveler’s 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; 2021 c.196 §2]

 

      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 owner’s 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 policyholder’s 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]

 

      98.319 U.S. savings bonds presumed abandoned; escheat proceedings. (1) As used in this section, “U.S. savings bonds” or “bonds” means:

      (a) U.S. savings bonds, series A, B, C, D, E, F, G, H, J and K, and U.S. savings notes, governed by 31 C.F.R. 315;

      (b) Definitive United States savings bonds, series EE and HH, governed by 31 C.F.R. 353; and

      (c) Definitive United States savings bonds, series I, governed by 31 C.F.R. 360.

      (2) Notwithstanding any other provision of law, U.S. savings bonds subject to the custody of the State of Oregon as unclaimed property shall escheat to the state in accordance with this section.

      (3) The holder of U.S. savings bonds presumed abandoned under ORS 98.302 to 98.436 shall report, and deliver possession of, the bonds to the State Treasurer.

      (4) After obtaining possession of the U.S. savings bonds under subsection (3) of this section, the State Treasurer shall cause:

      (a) Each person listed on the face of the bonds, each apparent owner of the bonds and each person otherwise appearing to be an owner of the bonds to be contacted at the last-known address of the person; and

      (b) Notice of the bonds to be published of the bonds in such form as in the discretion of the State Treasurer is most likely to attract the attention of all persons having a legal or beneficial interest in the bonds.

      (5) The notice required under subsection (4)(b) of this section must contain the following information:

      (a) The name of each person described in subsection (4)(a) of this section;

      (b) The last-known address or location of each person described in subsection (4)(a) of this section, if known by the State Treasurer;

      (c) A statement explaining that the U.S. savings bonds are presumed to be abandoned and have been taken into the protective custody and possession of the State Treasurer;

      (d) A statement that information about the U.S. savings bonds can be obtained upon inquiry to the State Treasurer at any time by any person having a legal or beneficial interest in the bonds;

      (e) A statement that a claim for the U.S. savings bonds may be made under ORS 98.392 and 98.396;

      (f) A description of the escheat proceedings under this section; and

      (g) Any other information the State Treasurer considers appropriate or necessary to locate all persons having a legal or beneficial interest in the bonds.

      (6) The State Treasurer shall create and maintain on the official website of the State Treasurer a webpage on which the public may obtain information about U.S. savings bonds in the custody and possession of the State Treasurer as unclaimed property.

      (7) If no person has been identified as the owner of U.S. savings bonds within three years after the first public notice provided under subsection (4)(b) of this section with respect to the bonds:

      (a) Title to the bonds shall vest in the State of Oregon; and

      (b) The State Treasurer may seek an order from the Marion County Circuit Court escheating the bonds to the State of Oregon.

      (8) The Marion County Circuit Court shall issue an order escheating U.S. savings bonds to the State of Oregon if the court determines that:

      (a) With respect to the bonds, all provisions of this section have been complied with; and

      (b) The bonds:

      (A) Have, within the meaning of the applicable federal regulations, reached the final extended maturity date or the final maturity, or have stopped earning interest;

      (B) Are in the possession of the state; and

      (C) Have been abandoned by all persons entitled to payment for the bonds under the applicable federal regulations.

      (9)(a) Upon issuance of an order of escheat with respect to U.S. savings bonds, the State Treasurer may apply to the United States Treasury for payment to the state for the bonds.

      (b) ORS 98.386 applies to any payments received by the state pursuant to this subsection.

      (10) This section does not apply to a claim of title by the state to U.S. savings bonds as heir to a deceased owner. [2018 c.95 §2; 2019 c.678 §80]

 

      98.320 [Repealed by 1957 c.670 §37]

 

      98.322 Unclaimed securities or distributions. (1) As used in this section:

      (a) “Distribution” means any dividend, profit distribution, interest, payment on principal, stock dividend, stock distribution, unexchanged share or other sum or thing of value owed under a security to the owner by a holder.

      (b) “Notice” means communication sent to an owner informing the owner of the existence of a security or distribution and seeking to confirm the owner’s interest in the security or distribution.

      (c) “Security” means any stock, equity security, certificate of ownership or other intangible equity ownership interest in a business association, bond or debenture, other than debt of a government entity, or in general, any similar interest or instrument, certificated or uncertificated, evidenced in the records of the holder, or any intangible interest held by a securities intermediary for another person.

      (2) A security or distribution is presumed abandoned on the earliest of the following dates:

      (a) Three years after the date of the owner’s last communication to the holder indicating the owner’s interest in the property;

      (b) Three years after the date of the death of the owner, as evidenced by:

      (A) Notice to the holder of the owner’s death by an administrator, beneficiary, relative or trustee, or by a personal representative or other legal representative of the owner’s estate;

      (B) Receipt by the holder of a copy of the death certificate of the owner;

      (C) Confirmation by the holder of the owner’s death through other means; or

      (D) Other evidence from which the holder may reasonably conclude that the owner is deceased; or

      (c) One year after the date that the holder receives notice under paragraph (b) of this subsection if the notice is received two or more years after the owner’s death and the holder lacked knowledge of the owner’s death during that period of two or more years.

      (3) Notwithstanding the notice requirements under ORS 98.352 (5), the holder of a security or distribution presumed abandoned under subsection (2) of this section, before filing the report under ORS 98.352 with respect to a security or distribution, shall provide notice to the owner as follows:

      (a) If the holder customarily communicates with the owner by electronic mail:

      (A) By initial electronic mail; or

      (B) If the holder believes that the owner’s electronic mail address in the holder’s records is not valid, by written notice sent by first class mail to the owner’s last-known address.

      (b) If the holder does not customarily communicate with the owner by electronic mail:

      (A) By initial written notice sent by first class mail to the owner’s last-known address; and

      (B) If the holder has the owner’s electronic mail address and believes it to be valid, also by electronic mail, at the discretion of the holder.

      (c) If the initial notice provided under paragraph (a) or (b) of this subsection is returned to the holder as undeliverable or the holder has received no response for 30 days after giving the notice, by additional written notice sent by first class mail to the owner’s last-known address.

      (4) The holder of a security or distribution presumed abandoned under subsection (2) of this section shall complete the notification requirements described in subsection (3) of this section at least 60 days before reporting the security or distribution under ORS 98.352.

      (5) If owner-generated activity occurs with respect to a security or distribution after the initial notice is provided under subsection (3) of this section and before the submission of the report under ORS 98.352, including a response to a holder’s notice, the security or distribution is no longer presumed abandoned.

      (6) When a security is presumed abandoned under this section, any unclaimed distribution arising under the security, whether before, on or after the presumption of abandonment, is also presumed abandoned.

      (7) This section does not apply to property held by a fiduciary subject to ORS 98.332. [1957 c.670 §7; 1983 c.716 §3; 1985 c.408 §1; 2007 c.539 §4; 2023 c.238 §1]

 

      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 holder’s 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 State Treasurer, and in compliance with rules prescribed by the State Treasurer, may report and deliver property before the property is presumed abandoned. [1993 c.694 §46; 2001 c.302 §3; 2019 c.678 §8]

 

      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 three 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.

      (3) Funds in an account established under ORS 126.805 to 126.886 are not payable or distributable within the meaning of subsection (1) of this section unless the minor on whose behalf the account was opened attains the age of 21 years. [1957 c.670 §9; 1983 c.716 §5; 2003 c.580 §1; 2023 c.238 §3]

 

      98.334 Unpaid wages unclaimed by owner. (1) As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card.

      (2) Unpaid wages, including wages represented by unpresented payroll checks, due and owing in the ordinary course of the holder’s business that remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned, notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.

      (3) This section does not affect an employee’s right to contest wages under other Oregon law. [1983 c.716 §34; 2001 c.302 §4; 2023 c.238 §4]

 

      98.336 Wages or property held by government and public authorities. (1) As used in this section, “wages” means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card.

      (2) Intangible property, including uncashed warrants and excluding unpaid wages, held for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority that remains unclaimed by the owner for more than two years is presumed abandoned.

      (3) 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 remains 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; 2023 c.238 §5]

 

      98.338 Credit memo unclaimed by owner. (1) A credit memo issued in the ordinary course of an issuer’s 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 holder’s 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 owner’s 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 State Treasurer 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 traveler’s 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 State Treasurer. The State Treasurer shall decide the claim within 90 days after it is presented.

      (3) The State Treasurer 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; 2019 c.678 §9]

 

      98.350 [Repealed by 1957 c.670 §37]

 

      98.352 Report of abandoned property. (1) A holder of property presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall deliver to the State Treasurer the report described in subsection (2) of this section and shall pay or deliver to the State Treasurer, for deposit in the Unclaimed Property and Estates Fund, all property presumed abandoned, except that for the following funds the holder is not required to deliver the funds presumed abandoned to the State Treasurer:

      (a) Funds transferred to the General Fund under ORS 293.455 (1)(a).

      (b) Funds in the possession of the Child Support Program described in ORS 180.345.

      (c) Funds described in ORS 9.725 (3) or 98.386 (2) that are held in lawyer trust accounts or in the possession of the Oregon State Bar.

      (2) A report must include:

      (a) Except with respect to traveler’s 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 corporation’s 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 State Treasurer prescribes by rule as necessary for the administration of ORS 98.302 to 98.436 and 98.992.

      (3) If the holder of property presumed abandoned is a successor to other holders or 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.

      (4) The holder shall file the report after October 1, but no later than November 1, of each year for accounts dormant as of June 30. Upon written request from any person required to file a report, the State Treasurer may postpone the reporting date. 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 State Treasurer. All lists of records or property held by a government or public authority under ORS 98.336 are exempt from public review until 24 months after the property is remitted to the State Treasurer.

      (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 owner’s claim is not barred by the statute of limitations, the holder shall, before filing the 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 at least 60 days before filing the report.

      (6) If the property presumed abandoned is a lawyer trust account established by an attorney or law firm, the report required by this section must indicate that the account is a lawyer trust account.

      (7) The holder shall verify the accuracy of the information contained in the report. Verification must be executed by a partner if made by a partnership, by an officer if made by an unincorporated association or private corporation and by the chief fiscal officer if made by a public corporation. [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; 2009 c.462 §1; 2019 c.678 §10; 2021 c.424 §10; 2023 c.238 §7]

 

      98.353 Information on filing report. (1) The State Treasurer shall regularly provide educational or informational materials to persons required to file a report under ORS 98.352. The educational or informational materials must include 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) The State Treasurer shall coordinate with:

      (a) The Department of Consumer and Business Services, the Department of Revenue and the office of the Secretary of State in determining which persons are required to file a report under ORS 98.352 or who may make a claim under ORS 98.392; and

      (b) The Department of Consumer and Business Services, the Department of Revenue and the Employment Department to include information about unclaimed property reporting requirements and claims in the regular mailings of the departments and in electronic communications and resources. [2001 c.302 §2; 2003 c.7 §2; 2019 c.678 §11]

 

      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 that would assist in the identification of the owner for three years after the property has been remitted to the State Treasurer.

      (2) Any business association that sells in this state traveler’s 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 State Treasurer. [1983 c.716 §38; 1993 c.694 §7; 1995 c.219 §1; 2001 c.302 §8; 2019 c.678 §12]

 

      98.356 Notice and publication of lists of unclaimed property; rules. (1) The State Treasurer 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 State Treasurer 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 State Treasurer is not required to publish in such notice any item of less than $100 unless the State Treasurer deems such publication to be in the public interest.

      (3) This section is not applicable to sums payable on traveler’s checks or money orders presumed abandoned under ORS 98.309.

      (4) The State Treasurer shall undertake reasonable efforts to locate owners of unclaimed property reported 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 State Treasurer shall specify, by rule, a maximum percentage of costs that may be deducted from a verified claim for unclaimed property.

      (5) The State Treasurer 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; 2019 c.678 §13]

 

      98.360 [Repealed by 1957 c.670 §37]

 

      98.362 Delivery of unclaimed securities or distributions. (1) The holder of a security or distribution presumed abandoned under ORS 98.322 shall deliver a certificate of ownership or other evidence of ownership to the State Treasurer as follows:

      (a) The original certificate shall be delivered to the State Treasurer when it is held or controlled by the holder.

      (b) A duplicate certificate shall be issued to the State Treasurer when the holder does not hold or control 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 are governed by ORS 78.4050. In such event, the protected purchaser may seek recovery against the State Treasurer 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; 2019 c.678 §14; 2023 c.238 §2]

 

      98.366 Relief from liability by payment or delivery. (1) Upon the payment or delivery of unclaimed property to the State Treasurer, the state shall assume custody and is responsible for its safekeeping. Any person who pays or delivers unclaimed property to the State Treasurer under ORS 98.352 is relieved of all liability to the extent of the value of the property paid or delivered for any claim that then exists or may arise in respect to the property.

      (2) A holder who has paid money to the State Treasurer under ORS 98.352 may make payment to any person appearing to the holder to be entitled to payment. The State Treasurer 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 without imposing any fee or other charge. [1957 c.670 §16; 1983 c.716 §12; 1993 c.694 §10; 2019 c.678 §15]

 

      98.370 [Repealed by 1957 c.670 §37]

 

      98.372 Income accruing on unclaimed property after delivery to State Treasurer. (1) The owner is not entitled to receive income or other increments that have accrued on the property after the property is sold by the State Treasurer under ORS 98.382.

      (2) The State Treasurer shall credit an owner with any distribution, as defined in ORS 98.322, or any other discrete income generated by the property, that accrues between the date the property is paid or delivered to the State Treasurer and the date the property is sold under ORS 98.382.

      (3) Any distribution or income received by the State Treasurer under subsection (2) of this section may be deposited under ORS 98.386. The State Treasurer is not obligated to reinvest any distribution or income into the corpus of the unsold property. [1957 c.670 §17; 1983 c.716 §13; 1993 c.694 §11; 2019 c.678 §16; 2023 c.238 §6]

 

      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, does not prevent the money or property from being presumed abandoned and does not affect any duty to file a report required by ORS 98.352 or to pay or deliver unclaimed property to the State Treasurer. This section does not affect any property interests that vested prior to August 20, 1957. [1957 c.670 §18; 1983 c.716 §14; 1993 c.694 §12; 2019 c.678 §17]

 

      98.379 Retention of abandoned military medals; transfer of custody; rules. (1) As used in this section:

      (a) “Armed Forces of the United States” has the meaning given that term in ORS 366.931.

      (b) “Descendant” has the meaning given that term in ORS 111.005.

      (c) “Military medal” means a medal or decoration awarded to a person for military service in the Armed Forces of the United States and presumed to be abandoned under ORS 98.302 to 98.436.

      (d) “Service member” means the person to whom a military medal was initially awarded by the Armed Forces of the United States.

      (2) Notwithstanding ORS 98.382 and 98.384, the State Treasurer may not sell or destroy a military medal. Except as provided in subsection (4) of this section, upon receiving a military medal, the State Treasurer shall retain the military medal until a claim is filed for the military medal by a service member or by a descendant of a deceased service member.

      (3) The State Treasurer may make a photograph or other visual depiction of the military medal available to the public, together with any information in the records of the holder, excluding Social Security numbers, that the State Treasurer determines is necessary to facilitate the identification and location of a service member or a descendant of a deceased service member.

      (4) The State Treasurer may deliver a military medal to one of the following custodians if the recipient custodian agrees in writing to retain the military medal for the service member or a descendant of a deceased service member:

      (a) A military veterans’ organization qualified under section 501(c)(19) of the Internal Revenue Code;

      (b) The agency that awarded the military medal;

      (c) A state or federal agency; or

      (d) The Oregon Military Museum established under ORS 396.555.

      (5) If the State Treasurer transfers custody of a military medal as provided in subsection (4) of this section, the State Treasurer is relieved of any duty to safeguard the military medal.

      (6) The State Treasurer may adopt rules to implement the provisions of this section, including:

      (a) Identifying procedures the State Treasurer must take to reasonably identify a service member or a descendant of a deceased service member.

      (b) Specifying documentation necessary for a service member or a descendant of a deceased service member to submit a claim for a military medal.

      (c) Prioritizing claims if more than one of a deceased service member’s descendants submits a claim for a military medal. [2018 c.91 §2; 2019 c.384 §15; 2019 c.678 §79]

 

      98.380 [Repealed by 1957 c.670 §37]

 

      98.382 Sale of abandoned and unclaimed property; methods; rules. (1)(a) The State Treasurer shall sell all unclaimed property delivered to the State Treasurer under ORS 98.352, except money and securities, to the highest bidder at public sale by the method and at the location that the State Treasurer determines are the most favorable for receiving the highest price for the property involved. The State Treasurer may decline the highest bid and reoffer the property for sale if the State Treasurer considers the price bid insufficient. The State Treasurer need not offer any property for sale if, in the State Treasurer’s opinion, the probable cost of sale exceeds the value of the property.

      (b) In choosing the most favorable method for the sale of property under this subsection, the State Treasurer 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 State Treasurer 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 State Treasurer 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 State Treasurer shall publish at least a single notice in a newspaper of general circulation in Marion County.

      (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 State Treasurer considers advisable.

      (4) The State Treasurer shall sell all securities and other intangible properties presumed abandoned and received under ORS 98.362 at such time and place and in such manner as the State Treasurer determines will bring the highest return.

      (5) The State Treasurer shall indemnify the holder of securities presumed abandoned under ORS 98.322 to the extent allowed by the Oregon Constitution. The State Treasurer 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 State Treasurer 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 State Treasurer 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; 2019 c.678 §18]

 

      98.384 Destruction or disposition of unclaimed property. If the State Treasurer determines after investigation that any property delivered under ORS 98.352 has insubstantial commercial value, the State Treasurer 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 State Treasurer pursuant to this section. [1983 c.716 §37; 1993 c.694 §14; 2019 c.678 §19]

 

      98.386 Deposit of funds. (1) Except as provided in subsection (2) of this section, 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 State Treasurer in the Unclaimed Property and Estates Fund. Before making the deposit, the State Treasurer 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) Any amounts identified as lawyer trust account funds in the report required by ORS 98.352 shall be paid or delivered by the holder to the Oregon State Bar along with a copy of the report. All amounts paid or delivered to the Oregon State Bar under this section are continuously appropriated to the Oregon State Bar and may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572, the payment of claims allowed under ORS 98.392 (2) and the payment of expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.

      (3) Before making a deposit to the credit of the Unclaimed Property and Estates Fund, the State Treasurer 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; 2009 c.462 §2; 2019 c.678 §20; 2021 c.424 §11]

 

      98.388 [1969 c.594 §66; 1983 c.716 §17; 1993 c.694 §16; 2019 c.678 §21; repealed by 2021 c.424 §9]

 

      98.389 Unclaimed Property and Estates Fund; transfers from fund. (1) There is established the Unclaimed Property and Estates Fund, separate and distinct from the General Fund.

      (2) The Unclaimed Property and Estates Fund consists of:

      (a) Unclaimed property, including the proceeds of unclaimed property, under ORS 98.302 to 98.436;

      (b) Penalties related to unclaimed property assessed under ORS 98.992;

      (c) Estates escheated to the state under ORS 112.055 and subject to claims under ORS 116.253;

      (d) Moneys in accounts that escheat to the state under ORS 708A.430 (5) or 723.466 (5);

      (e) Moneys transferred to the fund by the Department of State Lands from the Unclaimed Property School Fund under ORS 273.108;

      (f) Other moneys appropriated or transferred to the Unclaimed Property and Estates Fund by the Legislative Assembly or by operation of law; and

      (g) Interest earned by the fund.

      (3) Moneys in the fund are continuously appropriated to the State Treasurer for:

      (a) The costs of administering unclaimed property under ORS 98.302 to 98.436;

      (b) The costs of administering estates under ORS 113.235;

      (c) The payment of valid claims to abandoned property made under ORS 98.392;

      (d) The payment of valid claims for escheated property under ORS 116.253; and

      (e) The costs of administering the fund.

      (4) Before July 1 of each year, the State Treasurer shall transfer from the Unclaimed Property and Estates Fund:

      (a) To the Common School Fund, all moneys and properties of escheated estates for which any claim has elapsed under ORS 116.253; and

      (b) To the Unclaimed Property School Fund, all remaining moneys and properties in the Unclaimed Property and Estates Fund, except for the amount that the State Treasurer anticipates requiring to meet the expenses and liabilities of the Unclaimed Property and Estates Fund until the end of the following fiscal year, including transfers under paragraph (a) of this subsection. [2021 c.424 §6]

 

      98.390 [Repealed by 1957 c.670 §37]

 

      98.392 Claiming unclaimed property; lawyer trust account funds; rules. (1) A person claiming an interest in unclaimed property reported under ORS 98.352 may file a claim to the property or to the proceeds from the sale of the property at any time after the property has been reported. Claims shall be filed on the form prescribed by the State Treasurer. The State Treasurer 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 State Treasurer.

      (2) If a claim is filed under this section for amounts identified as lawyer trust account funds in the report required by ORS 98.352, the State Treasurer shall forward the claim to the Oregon State Bar for review and for payment by the Oregon State Bar if the claim is allowed. The State Treasurer and the Oregon State Bar shall adopt rules for the administration of claims subject to this subsection. [1957 c.670 §21; 1977 c.609 §1; 1983 c.716 §18; 1991 c.213 §1; 1993 c.694 §17; 1997 c.85 §1; 2009 c.462 §3; 2019 c.678 §22]

 

      98.396 Determination of claim; payment; reimbursement. (1) The State Treasurer 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 State Treasurer shall prepare findings and a decision in writing on each claim filed, stating the substance of any evidence heard by the State Treasurer and the reasons for the decision. A decision is a public record.

      (2) If the claim allowed is for property deposited in the Unclaimed Property and Estates Fund, the State Treasurer 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 State Treasurer shall pay the claim 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; 2019 c.678 §23; 2021 c.424 §12]

 

      98.400 [Repealed by 1957 c.670 §37]

 

      98.402 Hearing on claim; petition to compel action. (1) A person aggrieved by a decision of the State Treasurer under ORS 98.302 to 98.436 may request a contested case hearing in accordance with ORS 183.413 to 183.470.

      (2) If the State Treasurer fails to act on a claim within 120 days after a person files the claim under ORS 98.392, the claimant may petition a court under ORS 183.484 to compel the State Treasurer to act. [1957 c.670 §23; 1983 c.716 §20; 2003 c.272 §5; 2019 c.678 §24]

 

      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 Verified report; examination of records; failure to maintain records. (1) The State Treasurer may require a person who has not filed a report under ORS 98.352 to file a verified report stating whether the person holds any unclaimed property reportable or deliverable.

      (2) The State Treasurer 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 State Treasurer 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 State Treasurer 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 State Treasurer under this subsection, the State Treasurer 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 State Treasurer may issue a finding that requires the holder to report and pay the amounts that the State Treasurer reasonably estimates from the report and available records.

      (5) In addition to the information required under ORS 183.413 and 183.415, the State Treasurer shall provide a holder subject to findings under subsection (4) of this section with information about opportunities to resolve disputes through a collaborative dispute resolution process in lieu of a contested case hearing under 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; 2019 c.678 §25]

 

      98.416 Proceeding to compel delivery of unclaimed property; interest. (1) The State Treasurer may bring a suit or action in a court of appropriate jurisdiction to enforce delivery of property not delivered by a holder as required under ORS 98.352.

      (2) The State Treasurer may require a holder 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 State Treasurer 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; 2019 c.678 §26]

 

      98.418 [1983 c.716 §40; repealed by 1985 c.336 §1]

 

      98.420 [Repealed by 1957 c.670 §37]

 

      98.422 Rules. The State Treasurer 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; 2019 c.678 §27]

 

      98.424 Agreements with other states; exchange of information; rules; Attorney General action in name of other state. (1) The State Treasurer 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 State Treasurer 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) Before adopting, amending or repealing any rules under this section, to avoid conflicts between the State Treasurer’s procedures and the procedures of administrators in other jurisdictions that enact an unclaimed property act, consistent with the purposes, policies and provisions of ORS 98.302 to 98.436 and 98.992, the State Treasurer 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 State Treasurer 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 State Treasurer, 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 State Treasurer 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 State Treasurer may 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; 2019 c.678 §28]

 

      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 22 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 customer’s 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 customer’s 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 molder’s customer. [1981 c.333 §5]

 

      98.510 [Repealed by 1969 c.354 §2]

 

SHOPPING CARTS

 

      98.515 Unauthorized appropriation of shopping carts. (1) A local government may enact or adopt an ordinance, charter provision, resolution or other regulation to prohibit the unauthorized appropriation of a shopping cart from the business premises of the person that owns the shopping cart and to provide for the salvage or reclamation of an abandoned shopping cart.

      (2) An ordinance, charter provision, resolution or other regulation enacted or adopted as described in subsection (1) of this section shall substantially conform with the requirements set forth in ORS 98.520. This subsection does not preclude a local government from enacting or adopting an ordinance, charter provision, resolution or other regulation related to persons that supply shopping carts for public use and that are subject to but not in compliance with ORS 98.520 (1).

      (3) For purposes of this section, “local government” means a city, county, special district or other public commission, authority or entity organized under state statute or city or county charter. [Formerly 199.890]

 

      98.520 Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts. (1) A local government in an ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that a person that supplies shopping carts for public use at the person’s business shall:

      (a) Post signs in sufficient number to give notice to members of the public entering onto or leaving the business premises that unauthorized appropriation of a shopping cart is a crime under ORS 164.015 and to provide a toll-free telephone number that members of the public may use to report abandoned shopping carts.

      (b) Identify the person’s business on each shopping cart and post a sign on the shopping cart that:

      (A) Notifies any member of the public using the shopping cart that unauthorized appropriation of a shopping cart is a crime under ORS 164.015; and

      (B) Provides a toll-free telephone number for use in reporting an abandoned shopping cart.

      (c) Establish, maintain and make available to the public, at the person’s own expense, a toll-free telephone line for the purpose of reporting abandoned shopping carts. The person shall forward each report the person receives concerning an abandoned shopping cart to the owner of the shopping cart and to the appropriate local government within one business day after the person receives the report. The person may forward the report to the local government by means of electronic mail or in any other manner provided for in a local government regulation.

      (d) Retrieve or contract for the retrieval of abandoned shopping carts.

      (2) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that a person may agree with other persons to share and to pay expenses related to the toll-free telephone line described in subsection (1)(c) of this section. The agreement shall provide that any person designated to operate the toll-free telephone line and receive reports concerning abandoned shopping carts must forward the reports in accordance with subsection (1)(c) of this section.

      (3) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that a person shall retrieve a shopping cart that the person owns within 72 hours after receiving notification that the shopping cart has been abandoned.

      (4) An ordinance, charter provision, resolution or other regulation enacted or adopted in accordance with ORS 98.515 shall provide that:

      (a) A local government that identifies, salvages or reclaims an abandoned shopping cart shall use the toll-free telephone line described in subsection (1)(c) of this section to report the existence and location of an abandoned shopping cart to the owner of the shopping cart, if the owner is identifiable;

      (b) A local government may take custody of an abandoned shopping cart and impose a fine of $50 on the owner of the shopping cart if the owner does not retrieve the shopping cart within 72 hours after the local government makes a report under paragraph (a) of this subsection or after the owner receives a report under subsection (1)(c) of this section;

      (c) A local government may release a shopping cart held in the local government’s custody to the owner upon payment of the fine; and

      (d) A local government may take title to a shopping cart in the local government’s custody and dispose of the shopping cart as the local government deems appropriate, if the owner does not claim the shopping cart within 30 days.

      (5) For purposes of this section, “local government” means a city, county, special district or other public commission, authority or entity organized under state statute or city or county charter. [Formerly 199.891]

 

      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 Owner’s 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 Owner’s 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 and 98.840. As used in this section and ORS 98.810 to 98.818, 98.830 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; 2017 c.480 §1]

 

      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]

 

      98.811 Notice of parking violation; certificate of nonliability; dismissal of notice. (1) If the owner of a parking facility or the owner of proscribed property has issued a citation or other notice of a parking violation alleging that a vehicle owned by a person engaged in the business of selling, renting, leasing or repairing motor vehicles has been left or parked in violation of ORS 98.810 and mailed a copy of the citation or notice to the person, the person is relieved of liability for the violation if, within 30 days from the mailing of the citation or notice, the person:

      (a) Submits a certificate of nonliability stating that the vehicle was not in the custody and control of the person, under the terms of an agreement permitting an individual to use a motor vehicle owned by the person, when the alleged violation occurred; and

      (b) Provides the name and address of the individual who was in control of the vehicle at the time of the alleged violation.

      (2) Upon receipt of the certificate of nonliability and information described in subsection (1) of this section, the owner of the parking facility or the owner of the proscribed property must dismiss the citation or notice with respect to the person and may reissue the citation or notice in the name of the individual in control of the vehicle when the alleged violation occurred. [2009 c.90 §2]

 

      98.812 Towing 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 is entitled to a lien on a towed vehicle and its contents for the tower’s just and reasonable charges and may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towage, care and storage, subject to subsection (3) of this section, of the towed vehicle have been paid if the tower notifies the local law enforcement agency of the location of the towed vehicle within one hour after the towed vehicle is placed in storage.

      (3) A tower may not assess any storage charge against the towed vehicle under subsection (2) of this section that is incurred after:

      (a) If the towed vehicle is registered in Oregon, three business days after the vehicle is placed in storage unless, within that time, the tower delivers notice by mail or gives actual notice to the owner of the towed vehicle and to each person with an interest in the vehicle as indicated by the certificate of title.

      (b) If the towed vehicle is not registered in Oregon:

      (A) Three business days after the vehicle is placed in storage unless, within that time, the tower notifies and requests the title information from the records of the motor vehicle agency for the state in which the towed vehicle is registered.

      (B) Three business days from the date of receipt of the records requested under subparagraph (A) of this paragraph unless, within that time, the tower delivers notice by mail or gives actual notice to the owner of the towed vehicle and to each person with an interest in the vehicle as indicated by the requested records.

      (4) 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. [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; 2009 c.622 §1; 2017 c.480 §2; 2019 c.547 §1]

 

      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]

 

      98.820 Towing vehicle from fuel dispensary premises; civil immunity; lien. (1) As used in this section:

      (a) “Class 1 flammable liquids” has the meaning given that term in ORS 480.310.

      (b) “Fuel dispensary” means a filling station, service station, garage or other dispensary where Class 1 flammable liquids or diesel fuel is dispensed at retail for use in vehicles.

      (c) “Towing company” means a company holding a towing business certificate issued under ORS 822.205.

      (d) “Vehicle” has the meaning given that term in ORS 801.590.

      (2) An owner, operator or employee of a fuel dispensary may have a vehicle towed from the fuel dispensary premises if:

      (a) The vehicle is preventing or hindering access to a pump, hose, nozzle or other parts of a fuel dispensing device;

      (b) The prevention or hindering of access to the fuel dispensing device is interfering with the business activities of the fuel dispensary;

      (c) An owner, operator or employee of the fuel dispensary affixes a notice to the windshield of the vehicle or, if the vehicle lacks a windshield, in another prominent location on the vehicle, stating the date and time the notice was affixed and that the vehicle may be towed if it is not removed within two hours after the date and time stated on the notice;

      (d) The notice described in paragraph (c) of this subsection remains on the vehicle for at least two hours before the vehicle is towed; and

      (e) The owner, operator or employee provides the towing company with a signed statement that:

      (A) Describes the vehicle to be towed;

      (B) Identifies the property from which the vehicle is to be towed; and

      (C) States that the vehicle is preventing or hindering access to a fuel dispensing device in a manner that is interfering with business activity at the fuel dispensary.

      (3) A towing company that tows a vehicle pursuant to this section is immune from civil liability for towing the vehicle if the towing company possesses a signed statement described in subsection (2)(e) of this section. 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.

      (4) A towing company is entitled to a lien on a vehicle towed under this section and its contents for the just and reasonable charges of the towing company. The towing company may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towing, care and storage of the towed vehicle have been paid if the towing company provides timely notice in the manner described under ORS 98.812 (2) to local law enforcement, the owner of the vehicle and any person shown on a certificate of title to have an interest in the vehicle.

      (5) The lien created by subsection (4) 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.

      (6) The procedure established in this section is an alternative to any other lawful procedure available for obtaining the removal from private property of a vehicle that is abandoned or parked without authorization. [2019 c.330 §1]

 

      98.830 Towing abandoned vehicle from private property; civil immunity; lien. (1) 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:

      (a) The person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed;

      (b) The notice required by paragraph (a) of this subsection remains on the vehicle for at least 72 hours before the vehicle is towed; and

      (c) 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 paragraphs (a) and (b) of this subsection.

      (2) A tower who tows a vehicle pursuant to this section is immune from civil liability for towing the vehicle if the tower has a form described in subsection (1) of this section, 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.

      (3) A vehicle towed under this section is subject to liens, possession and foreclosure by a tower under ORS 98.812 (2) to (4). [1995 c.758 §1; 2007 c.538 §12; 2017 c.480 §4; 2019 c.547 §2]

 

      98.835 [1995 c.758 §2; 2001 c.424 §2; 2007 c.538 §13; repealed by 2017 c.480 §3]

 

      98.840 Towing vehicle alternative to procedure in ORS 98.810 to 98.818. The procedure authorized by ORS 98.830 for removal of abandoned vehicles from private property may be used by an owner of a parking facility or an owner of proscribed property as an alternative to the procedures described in ORS 98.810 to 98.818. [1995 c.758 §4; 2007 c.538 §13a; 2017 c.480 §5]

 

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 98.853 to 98.862. As used in ORS 98.853 to 98.862:

      (1) “Business day” means Mondays through Friday, excluding legal holidays.

      (2) “Consideration” has the meaning given that term in ORS 171.725.

      (3) “Law enforcement agency” has the meaning given that term in ORS 131.915.

      (4) “Motor vehicle” has the meaning given that term in ORS 801.360.

      (5) “Parking facility” has the meaning given that term in ORS 98.805.

      (6) “Personal property of an emergency nature” includes, but is not limited to, prescription medication, eyeglasses, hearing aids, clothing, identification, a wallet, a purse, a credit card, a checkbook, cash and child safety car and booster seats.

      (7) “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.

      (8) “Tow vehicle” has the meaning given that term in ORS 801.530. [2007 c.538 §2; 2017 c.480 §6; 2017 c.523 §1; 2019 c.13 §24]

 

      98.853 Conditions allowing towing; conditions requiring release of vehicle. (1) A tower may tow a motor vehicle if the motor vehicle:

      (a) Blocks or prevents access by emergency vehicles;

      (b) Blocks or prevents entry to the premises;

      (c) Blocks a parked motor vehicle; or

      (d) Parks without permission in a parking facility used for residents of an apartment and:

      (A) There are more residential units than there are parking spaces;

      (B) The landlord has issued parking tags or other devices that identify vehicles that are authorized to be parked on the premises; and

      (C) There are signs posted that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility prohibiting or restricting public parking on the parking facility.

      (2) Prior to towing a motor vehicle pursuant to ORS 98.812, a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow. The tower shall maintain for at least two years, in electronic or printed form, each photograph taken along with the date and time of the photograph. Upon request, the tower shall provide a copy of any photographs to the owner or operator of the motor vehicle at no additional charge.

      (3)(a) If the owner or operator of the motor vehicle is present at the time of the tow, the tower shall release the motor vehicle at no charge unless the hookup is complete. If the hookup is complete, the tower shall release the motor vehicle and may charge the owner or operator of the motor vehicle a fee that does not exceed the charge to hook up for that type of tow as listed in a written statement described in ORS 98.856.

      (b) For purposes of this subsection, a hookup is complete if the motor vehicle to be towed has been loaded onto a tow vehicle, or if any part of the motor vehicle has been placed on or connected to an assembly that is part of a tow vehicle, such that the tow vehicle is capable of being in motion with the motor vehicle in tow.

      (4) A tower who controls or has access to multiple storage facilities must tow a motor vehicle to the tower’s storage facility with available space that is located in the same county as and is closest to where the motor vehicle was hooked up to the tow vehicle. [2017 c.480 §9]

 

      98.854 Prohibitions placed on tower. A tower may not:

      (1)(a) Tow a motor vehicle from a parking facility unless there is a sign displayed in plain view at the parking facility that, using clear and conspicuous language, prohibits or restricts public parking at the parking facility.

      (b) Notwithstanding paragraph (a) of this subsection, a tower may tow a motor vehicle from a parking facility with the prior consent of the owner or operator of the motor vehicle.

      (2) Except as provided in ORS 98.853, tow a motor vehicle from a parking facility without first contacting the owner of the parking facility or the owner’s agent at the time of the tow and receiving signed authorization from the owner of the parking facility or the owner’s agent that the tower should tow the motor vehicle. The tower shall maintain for at least two years, in electronic or printed form, each signed authorization received under this subsection. Upon request, the tower shall provide a copy of the signed authorization to the owner or operator of the motor vehicle at no additional charge.

      (3) Serve as an agent of an owner of a parking facility for the purpose of signing an authorization required by subsection (2) of this section.

      (4) Tow a motor vehicle from a parking facility if the owner of the parking facility or the owner’s agent is an employee of a tower.

      (5) Charge more than a price disclosed under ORS 98.856 when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.

      (6) Charge more than an amount set under ORS 98.859 when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.

      (7) 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.

      (8) Park a tow vehicle within 1,000 feet of a parking facility for the purpose of monitoring the parking facility for towing business.

      (9) Provide consideration to obtain the privilege of towing motor vehicles from a parking facility. For the purposes of this paragraph, the 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.

      (10) 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.

      (11) 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.

      (12) 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.

      (13) Operate in a city or county without a license issued by the city or county if required by ORS 98.861.

      (14) Charge for the hookup and release of a motor vehicle except as provided in ORS 98.853. [2007 c.538 §3; 2009 c.622 §2; 2013 c.135 §1; 2013 c.691 §1; 2017 c.480 §7]

 

      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 all the goods and services that the tower offers;

      (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 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 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) 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 records of the state motor vehicle agency for the state in which the motor vehicle is registered.

      (b) The tower shall provide the information required under this section to the owner of the motor vehicle by mail by the end of the first business day following receipt of the information contained in the records of 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 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; 2009 c.622 §3; 2017 c.480 §10]

 

      98.857 Recovery of stolen vehicle; tower responsibility to notify owner. (1) After a motor vehicle reported as stolen is recovered by a law enforcement agency, the agency shall share the owner’s contact information, including home address and telephone number, from either the Law Enforcement Data System or the stolen vehicle police report, with any tower that assumes control of the vehicle. The contact information may be used only for the purposes described in subsection (2) of this section.

      (2) As soon as is practicable after recovering the motor vehicle, the tower shall attempt to provide notice to the owner of the stolen motor vehicle:

      (a) That the motor vehicle has been recovered; and

      (b) Of the current location of the vehicle.

      (3) Fees charged by the tower for storage of a stolen motor vehicle may not begin to accrue until the date that the tower first attempts to notify the owner of the stolen motor vehicle under subsection (2) of this section. [2017 c.523 §3]

 

      98.858 Right of owner or person in lawful possession of vehicle to redeem or inspect 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 or inspect the motor vehicle:

      (A) Between 8 a.m. and 6 p.m. on business days;

      (B) At all other hours, within 60 minutes after asking the tower to release or allow for the inspection of 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 and the motor vehicle’s registration plates 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 or registration plates except for a gate fee between the hours of 6 p.m. and 8 a.m. on business days, or on a Saturday, a Sunday or a legal holiday. [2007 c.538 §5; 2017 c.480 §11; 2017 c.523 §8; 2019 c.13 §25; 2019 c.17 §1]

 

      98.859 Maximum rates for towing; process for complaints; exceptions. (1) Each city or county may establish the maximum rates that a tower may charge for towing a motor vehicle, and for all related services for towing a motor vehicle, in response to a request for towing of a vehicle parked within the city or county that is made by a person other than the owner or operator of the motor vehicle. The rates for related services include charges for hookup, storage, gas mileage, pictures, unlocking the motor vehicle and any other services reasonably related to towing as determined by the city or county. Rates established by a city or county under this subsection apply in all portions of the city or county.

      (2) When establishing the maximum rates under this section, the city or county shall take into consideration the size of the motor vehicle towed and the distance traveled by the tower from the location of the motor vehicle to a storage facility.

      (3) Each city or county that establishes maximum rates under this section shall also establish a process by which the city or county will receive and respond to complaints relating to violations of this section.

      (4) If a city establishes the maximum rates under this section, the county rates do not apply to towing a vehicle that is parked within the boundaries of that city and the tower is required to comply with only the city’s established maximum rates. [2013 c.691 §3]

 

      98.860 Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s 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]

 

      98.861 Licenses for towing; fees. (1) Subject to subsection (5) of this section:

      (a) A tower may not tow vehicles parked within the boundaries of a city without a license issued by the city, if the city has established the maximum rates that a tower may charge under ORS 98.859.

      (b) A tower may not tow vehicles parked within the boundaries of a county without a license issued by the county, if the county has established the maximum rates that a tower may charge under ORS 98.859. The tower is not required to obtain a license from a county when the tower tows a vehicle that is parked within the boundaries of a city located within the county and the tower is licensed by that city.

      (2) Application for a license under this section must be made in writing in the form prescribed by the city or county, and must contain the name and address of the applicant and any other information that the city or county may require.

      (3) The fee for issuing a license under this section shall be established by the city or county, but may not exceed the cost of administering the licensing program and administering ORS 98.859.

      (4) A license issued under this section expires annually on December 31 or on a date that may be specified by the city or county by ordinance.

      (5) The requirement to get a license under this section applies only to towers that tow a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.

      (6) A city or county may suspend or revoke a license issued under this section for violation of ORS 98.853, 98.854, 98.856 or 98.859. [2013 c.691 §4; 2017 c.480 §12]

 

      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 [2007 c.538 §8; repealed by 2021 c.578 §14]

 

      98.990 [Repealed by 1957 c.670 §37]

 

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 State Treasurer as required under this Act is guilty of a misdemeanor. [1957 c.670 §36; 1993 c.694 §22; 2019 c.678 §29]

 

      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 Unclaimed Property and Estates Fund, an amount determined by the State Treasurer 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 State Treasurer has provided the person with written instructions, including copies of applicable laws and policies. The State Treasurer may waive any penalty due under this section with appropriate justification. [1993 c.694 §25; 2019 c.678 §30; 2021 c.424 §13]

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