chapter 97 097... · 2020. 5. 15. · chapter 97 2019 edition rights and duties relating to...

Chapter 972019 EDITION

Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

GENERAL PROVISIONS97.010 Definitions97.020 Exemption of certain organizations and

cemeteries from certain sections of chap-ter

97.030 Vested rights not acquired97.040 Private family burial grounds

AUTOPSIES97.082 Consent for certain autopsies; form

DISPOSITION OF HUMAN BODIES97.110 Human remains not to be attached97.120 Human remains to be deposited in accor-

dance with ORS 97.010 to 97.040, 97.110 to97.450, 97.510 to 97.730, 97.810 to 97.920 and97.990

97.130 Right to control disposition of remains;delegation

97.145 Liability for failure to conform to writteninstrument directing control of remains

97.150 Disposition of cremated remains; proce-dures; notice; limitations on liability ofcemetery authority, crematory operatoror funeral service provider

97.153 Diagnostic or therapeutic radioisotopes inbody

97.160 Duty of hospital or sanitarium to notifybefore sending remains to undertaker;procedures

97.170 Disposition of unclaimed body of deceasedperson; rules

97.180 Period within which body may not be usedor dismembered

97.190 Post-mortem examination of body97.200 Disposition of remains after use97.210 Exceptions to application of ORS 97.170 to

97.200; rules97.220 Disinterment97.223 Interment or temporary storage of human

remains in case of natural disaster orother emergency

DEDICATION TO CEMETERY PURPOSES; PLATTINGS

97.310 Survey and subdivision of land; map orplat of mausoleum or columbarium; ac-cess easement

97.320 Filing map or plat and declaration ofdedication of land to cemetery purposes

97.330 When dedication is complete97.340 Effect of dedication97.350 Dedication to cemetery purposes not in-

valid97.360 Resurvey and alteration in shape or size;

vacation of streets, walks, driveways andparks and replatting into lots

97.370 Fixing date of hearing; notice

97.380 Hearing; order allowing replatting97.390 Assessment of benefits and damages97.400 Disposal of newly created lots; disposition

and use of proceeds from sale; failure ofowner to perform duties

97.410 Right of adjacent lot owner upon vacationof way

97.420 Effect of failure to object97.430 Declaration of exercise of police power

and right of eminent domain97.440 Removal of dedication97.445 Vacating county interest in cemetery real

property97.450 Discontinuance of cemetery and removal

of remains and markers97.460 Requirements for establishment of ceme-

tery or burial park

SALES AND RIGHTS IN RESPECT OF CEMETERY PLOTS

97.510 Sale and conveyance of plots by cemeteryauthority

97.520 Sale or offer to sell cemetery plot uponpromise of resale at financial profit

97.530 Commission, bonus or rebate for sale ofplot or services

97.540 Commission, bonus or rebate for recom-mendation of cemetery

97.550 Plots are indivisible97.560 Presumption of sole ownership in grantee

of plot97.570 Spouse has vested right of interment97.580 Divestiture of spouse’s right of interment97.590 Transfer of plot or right of interment97.600 Descent of plot97.610 Determining occupant of burial plot hav-

ing co-owners97.620 Death of co-owner; authorization to use

plot under directions of surviving owners97.630 Family plots; order of occupation97.640 Waiver or termination of vested right of

interment97.650 Limitations upon vested right of

interment

NONPROFIT CORPORATIONS97.660 Lands of cemetery or crematory corpo-

ration; exemption from execution, taxa-tion and condemnation

97.665 Revenues; restrictions on uses of revenue97.670 Selling land unsuited for burials97.675 Burial lots or space; use; exemption from

taxation, execution and liens; lien forpurchase price of gravestone

97.680 Recording plan; power to improve andregulate grounds

Title 10 (2019 Edition)

PROPERTY RIGHTS AND TRANSACTIONS

CEMETERY MANAGEMENT97.710 Power of cemetery authority to make

rules and regulations97.720 Record of interments and cremations; in-

spection97.725 Disposal of unclaimed burial spaces; no-

tice; form of notice; claims97.730 Gifts and bequests in trust for cemeteries

INDIAN GRAVES AND PROTECTED OBJECTS

97.740 Definitions for ORS 97.740 to 97.76097.745 Prohibited acts; application; notice97.750 Permitted acts; notice97.760 Civil action by Indian tribe or member;

time for commencing action; venue; dam-ages; attorney fees

OREGON COMMISSION ON HISTORICCEMETERIES

97.772 Definition of “historic cemetery”97.774 Oregon Commission on Historic Ceme-

teries; terms97.776 Commission members; nominations97.778 Chairperson; quorum; meetings97.780 Duties97.782 Listing of historic cemeteries; form97.784 Executive secretary; support services

CEMETERY CARE97.810 Endowment care and nonendowed care

cemeteries97.813 Standards of care for and public access to

endowment care cemeteries; rules97.820 Placing cemetery under endowed care;

deposit; commingling endowment andspecial care funds; trustee or custodianof fund

97.823 Prohibitions related to endowment carecemeteries

97.825 Suits to enforce endowed care statutes;attorney fees

97.830 Investment and reinvestment of principalof endowed care funds; use and applica-tion of income

97.835 Limitation of duties and liability of trus-tee

97.840 Cemetery authority authorized to receiveand hold gifts of property; disposition ofgifts

97.843 Endowment and special care funds arecharitable

97.846 Agreements for care97.849 Authority of Department of Consumer

and Business Services to take action re-garding endowment care cemetery

97.852 Receivership of endowment care cemetery97.865 Application of ORS 97.810 to 97.865 to reli-

gious, county and city cemeteries97.870 Unused and uncared for portions of cem-

etery declared common nuisances97.880 Resolution declaring a nuisance97.890 Complaint97.900 Summons

97.910 Disuse as prima facie evidence of aban-donment

97.920 Judgment declaring nuisance, authorizingabatement and creating and foreclosinglien

PREARRANGEMENT SALES ANDPRECONSTRUCTION SALES

97.923 Definitions for ORS 97.923 to 97.94997.925 Purpose97.926 Rulemaking authority97.927 Applicability of ORS 97.923 to 97.94997.928 Prohibitions97.929 Exceptions to ORS 97.923 to 97.94997.931 Registration of salesperson for endowment

care cemeteries, preconstruction salesand prearrangement sales; rules; back-ground check; civil penalties

97.933 Certification of provider of prearrange-ment or preconstruction sales; rules; an-nual reports; audits; fees

97.935 Registration of master trustees; annualreports; rules; annual audits; fees;

97.936 Emergency orders of suspension or re-striction

97.937 Deposit of trust funds made by endow-ment care cemeteries

97.939 Prearrangement or preconstruction salescontracts; contents; delivery

97.941 Prearrangement or preconstruction trustfund deposits

97.942 Appointment of receiver; criteria97.943 Distributions from prearrangement trust

fund deposits97.944 Distributions from preconstruction trust

fund deposits97.945 Funeral and Cemetery Consumer Pro-

tection Trust Fund; fee; rules; maximumbalance

97.946 Advertising and marketing prohibitions97.947 Examination of providers and master

trustees by director; subpoena power; de-positions

97.948 Grounds for discipline by director for vio-lation of ORS 97.923 to 97.949; suspensionand revocation of certificate or registra-tion; civil penalties; notification of board

97.949 Notification by director to appropriatefederal, state or local law enforcementofficer of violation of ORS 97.923 to 97.949

REVISED UNIFORM ANATOMICAL GIFT ACT

97.951 Short title97.953 Definitions for ORS 97.951 to 97.98297.955 Purpose of anatomical gift; persons au-

thorized to make gift97.957 Methods of making anatomical gift before

death of donor97.959 Revocation or amendment of anatomical

gift by donor or agent or guardian of do-nor

97.961 Refusal to make anatomical gift; effect ofrefusal

97.963 Effect of making, amending or revokinganatomical gift


CEMETERIES, HUMAN BODIES AND ANATOMICAL GIFTS

97.965 Persons authorized to make anatomicalgift of body or body part of decedent

97.967 Methods for making, amending or revok-ing anatomical gift of body or body partof decedent by authorized person

97.969 Authorized recipients of anatomical gifts;purposes for which gift may be used

97.970 Search for document of anatomical giftor refusal; duty to send document or re-fusal to hospital

97.971 Delivery of document of gift or refusal notrequired; right to examine

97.972 Rights and duties of procurement organ-izations and others; authorized examina-tions

97.973 Coordination of procurement and use ofanatomical gifts

97.974 Immunity of persons acting in accordancewith ORS 97.951 to 97.982

97.976 Law governing validity of document ofgift; presumption of validity

97.977 Donor registry; duty of Department ofTransportation to cooperate with donorregistry

97.978 Resolution of conflict between potentialanatomical gift and advance directive

97.979 Cooperation between medical examinerand procurement organization

97.980 Facilitation of anatomical gift from dece-dent whose body is under jurisdiction ofmedical examiner

97.981 Purchase or sale of body parts prohibited97.982 Alteration of document of anatomical gift

prohibited97.983 Relation to Electronic Signatures in

Global and National Commerce Act

ANATOMICAL GIFTS97.984 Liability of executor who carries out ana-

tomical gift97.985 Transplants not covered by implied war-

ranty

FEDERAL AID FOR CEMETERIES97.987 Department of Transportation use of fed-

eral moneys for cemetery care

PENALTIES97.990 Penalties97.992 Penalties for ORS 97.93797.994 Penalties for ORS 97.931, 97.933, 97.941 and

97.943


PROPERTY RIGHTS AND TRANSACTIONS


CEMETERIES, HUMAN BODIES AND ANATOMICAL GIFTS 97.010

GENERAL PROVISIONS97.010 Definitions. As used in ORS

97.010 to 97.040, 97.110 to 97.450, 97.510 to97.730, 97.810 to 97.920, 97.923 to 97.949,97.990 and 97.994:

(1) “Burial” means the placement of hu-man remains in a grave or lawn crypt.

(2) “Burial park” means a tract of landfor the burial of human remains, used, or in-tended to be used, and dedicated for ceme-tery purposes.

(3) “Burial right” means the right to usea grave, mausoleum, columbarium, ossuaryor scattering garden for the interment orother disposition of human remains.

(4) “Cemetery” means a place:(a) Dedicated to and used, or intended to

be used, for a permanent memorial or thepermanent interment of human remains; and

(b) That may contain a mausoleum, cryptor vault interment, a columbarium, anossuary, a cenotaph, a scattering garden, anyother structure or place used or intended tobe used for the interment or disposition ofhuman remains or any combination of thesestructures or places.

(5) “Cemetery association” means a cor-poration or association authorized by its ar-ticles of incorporation to conduct thebusiness of a cemetery, but does not includea corporation sole or a charitable,eleemosynary association or corporation.

(6) “Cemetery authority” means a personwho owns or controls cemetery lands orproperty, including but not limited to a cem-etery corporation, association or corporationsole.

(7) “Cemetery business” and “cemeterypurpose” are used interchangeably and meanany business or purpose requisite or incidentto, or necessary for establishing, maintain-ing, operating, improving or conducting acemetery, interring human remains, and thecare, preservation and embellishment ofcemetery property.

(8) “Cemetery merchandise” means per-sonal property offered for sale or sold for usein connection with the final disposition,memorialization or interment of human re-mains. “Cemetery merchandise” includes, butis not limited to, an outer burial containerand a memorial.

(9) “Cemetery services” means servicesprovided by a cemetery authority forinterment or scattering, and installation ofcemetery merchandise.

(10) “Cenotaph” means a place, the pri-mary purpose of which is to provide an areawhere a person may pay to establish a me-morial to honor a person whose remains may

be interred elsewhere or whose remains can-not be recovered.

(11) “Columbarium” means a structure orroom containing receptacles for permanentinurnment of cremated remains in a placeused, or intended to be used, and dedicatedfor cemetery purposes.

(12) “Cremated remains” means the re-mains of a cremated human body after com-pletion of the cremation process.

(13) “Cremation” means the technicalprocess, using direct flame and heat, that re-duces human remains to bone fragments.

(14) “Crematory” means a structure con-taining a retort for the reduction of bodiesof deceased persons to cremated remains.

(15) “Crypt” or “vault” means a space ina mausoleum of sufficient size used, or in-tended to be used, to entomb uncrematedhuman remains.

(16) “Directors” or “governing body”means the board of directors, board of trus-tees or other governing body of a cemeteryassociation.

(17) “Endowment care” means the gen-eral care and maintenance of developed por-tions of a cemetery and memorials erectedthereon financed from the income of a trustfund.

(18) “Entombment” means the placementof human remains in a crypt or vault.

(19) “Funeral merchandise” means per-sonal property offered for sale or sold for usein connection with funeral services. “Fu-neral merchandise” includes, but is not lim-ited to, acknowledgment cards, alternativecontainers, caskets, clothing, cremation con-tainers, cremation interment containers,flowers, memory folders, monuments, outerburial containers, prayer cards, registerbooks and urns.

(20) “Funeral services” means servicescustomarily provided by a funeral servicepractitioner including, but not limited to,care and preparation of human remains forfinal disposition, professional services relat-ing to a funeral or an alternative to a fu-neral, transportation of human remains,limousine services, use of facilities or equip-ment for viewing human remains, visitation,memorial services or services that are usedin connection with a funeral or alternativeto a funeral, coordinating or conducting fu-neral rites or ceremonies, and other servicesprovided in connection with a funeral, alter-native to a funeral or final disposition of hu-man remains.

(21) “Grave” means a space of ground ina burial park used, or intended to be used,for burial of the remains of one person.


97.020 PROPERTY RIGHTS AND TRANSACTIONS

(22) “Human remains” or “remains”means the body of a deceased person in anystage of decomposition or after cremation.

(23) “Interment” means the disposition ofhuman remains by inurnment, entombmentor burial.

(24) “Inurnment” means the placement ofcremated remains in a receptacle and thedeposit of the receptacle in a niche.

(25) “Lot,” “plot” or “burial space”means space in a cemetery owned by one ormore individuals, an association or fraternalor other organization and used, or intendedto be used, for the permanent intermenttherein of the remains of one or more de-ceased persons. Such terms include and applywith like effect to one, or more than one,adjoining grave, crypt, vault or niche.

(26) “Mausoleum” means a structuresubstantially exposed above ground for theentombment of human remains in crypts orvaults in a place used, or intended to beused, and dedicated for cemetery purposes.

(27) “Memorial” means a product, otherthan a mausoleum or columbarium, used foridentifying an interment space or for com-memoration of the life, deeds or career of adecedent including, but not limited to, anossuary, monument, marker, niche plate, urngarden plaque, crypt plate, cenotaph, markerbench or vase.

(28) “Niche” means a recess usually in acolumbarium used, or intended to be used,for the inurnment of the cremated remainsof one or more persons.

(29) “Ossuary” means a receptacle usedfor the communal placement of cremated re-mains without benefit of an urn or any othercontainer in which cremated remains may becommingled with other cremated remainsand are nonrecoverable.

(30) “Plot owner” or “owner” means anyperson identified in the records of the ceme-tery authority as owner of the burial rightsto a burial plot, or who holds a certificateof ownership conveyed from the cemeteryauthority of the burial rights in a particularlot, plot or space.

(31) “Scattering” means the lawfuldispersion of cremated remains that need notbe associated with an interment right or is-suance of a deed, that may be recorded onlyas a service that has taken place and maynot be recorded on the permanent records ofthe cemetery authority.

(32) “Scattering garden” means a locationset aside within a cemetery that is used forthe spreading or broadcasting of crematedremains that have been removed from theircontainer and can be mixed with or placedon top of the soil or ground cover or buried

in an underground receptacle on a commin-gled basis and that are nonrecoverable.

(33) “Special care” means any care inexcess of endowed care in accordance withthe specific directions of a donor of funds.[Amended by 1955 c.545 §1; 1965 c.396 §1; 2007 c.661 §1;2009 c.709 §10]

97.020 Exemption of certain organiza-tions and cemeteries from certainsections of chapter. (1) The provisions ofORS 97.030, 97.120, 97.310 to 97.350, 97.360(1), 97.510 and 97.550 relating to privatecemeteries do not apply to:

(a) Any religious or eleemosynary corpo-ration, church, religious society or denomi-nation, corporation sole administeringtemporalities of any church or religious so-ciety or denomination or any cemetery thatsuch entity organizes, controls or operates.

(b) Any county or city cemetery.(c) A historic cemetery, as defined in

ORS 97.772, operated and maintained by anonprofit organization described in section501(c)(3) of the Internal Revenue Code thatis exempt from income tax under section501(a) of the Internal Revenue Code.

(2) The provisions of ORS 97.810 to 97.865relating to private cemeteries do not applyto:

(a) Any religious or eleemosynary corpo-ration, church, religious society or denomi-nation, corporation sole administeringtemporalities of any church or religious so-ciety or denomination or any cemetery thatsuch entity organizes, controls or operates,unless the cemetery authority for an entitydescribed in this paragraph elects to subjectitself to ORS 97.810 to 97.865.

(b) Any county or city cemetery, unlessthe county or city elects to subject itself toORS 97.810 to 97.865.

(c) A historic cemetery, as defined inORS 97.772, operated and maintained by anonprofit organization described in section501(c)(3) of the Internal Revenue Code thatis exempt from income tax under section501(a) of the Internal Revenue Code. [Amendedby 1955 c.473 §1; 1997 c.167 §1; 2011 c.162 §1]

97.030 Vested rights not acquired. Nocemetery authority or person having a rightof sepulture or any other right under ORS97.010 to 97.040, 97.110 to 97.450, 97.510 to97.730, 97.810 to 97.920 and 97.990 acquiresany vested right by virtue thereof which theLegislative Assembly may not subsequentlyamend, alter or repeal.

97.040 Private family burial grounds.Except for ORS 97.730, 97.010 to 97.040,97.110 to 97.450, 97.510 to 97.730, 97.810 to97.920 and 97.990 do not apply to private



family burial grounds where lots are not of-fered for sale.

97.050 [1977 c.183 §1; 1983 c.526 §4; 1985 c.747 §49;1987 c.660 §16; 1989 c.1034 §8; renumbered 127.605 in 1989]

97.055 [1977 c.183 §2; 1979 c.211 §1; 1983 c.526 §5;renumbered 127.610 in 1989]

97.060 [1977 c.183 §3; renumbered 127.615 in 1989]97.065 [1977 c.183 §4; renumbered 127.620 in 1989]97.070 [1977 c.183 §5; renumbered 127.625 in 1989]97.075 [1977 c.183 §6; repealed by 1983 c.526 §7]97.080 [1977 c.183 §7; renumbered 127.630 in 1989]

AUTOPSIES97.082 Consent for certain autopsies;

form. (1) Except as provided in subsection(2) of this section, whenever a person diesand no autopsy is ordered by a medical ex-aminer or district attorney pursuant to ORS146.117, an autopsy may not be conductedwithout the prior written consent of a personwithin the first applicable class of the fol-lowing listed classes:

(a) The spouse of the decedent;(b) A son or daughter of the decedent 18

years of age or older;(c) Either parent of the decedent;(d) A brother or sister of the decedent 18

years of age or older;(e) A guardian of the decedent at the

time of death;(f) A person in the next degree of kindred

to the decedent;(g) The personal representative of the es-

tate of the decedent; or(h) The person nominated as the personal

representative of the decedent in thedecedent’s last will.

(2)(a) Consent required under subsection(1) of this section must be granted on awritten autopsy consent form developed pur-suant to subsection (3) of this section.

(b) If the person authorized by subsection(1) of this section to grant written consentto conduct an autopsy is not available togrant written consent in person, the author-ized person may grant consent by completingthe required consent form and returning thesigned form, by facsimile or other electronictransmission, to the party requesting permis-sion.

(3) The Public Health Officer, in consul-tation with the Chief Medical Examiner,shall develop and make available a standard-ized written autopsy consent form that:

(a) Grants the person specified in sub-section (1) of this section the authority to:

(A) Grant permission to conduct an un-limited autopsy;

(B) Grant permission to conduct a limitedautopsy and to specify what limitations areimposed upon the autopsy; or

(C) Refuse permission to conduct anautopsy.

(b) Provides a section for the personspecified in subsection (1) of this section tosubmit specific instructions with respect totests to be performed during the autopsy andto the disposition of organs and tissue re-moved for purposes of a limited autopsy.

(c) Provides that the consent signaturebe accompanied by the signature of a wit-ness. [2003 c.416 §1; 2017 c.151 §1]

Note: 97.082 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 97 or any series therein by legislative ac-tion. See Preface to Oregon Revised Statutes for furtherexplanation.

97.083 [1983 c.526 §1; renumbered 127.635 in 1989]97.084 [1983 c.526 §2; renumbered 127.640 in 1989]97.085 [1977 c.183 §§8,9,10; renumbered 127.645 in

1989]97.090 [1977 c.183 §11; renumbered 127.650 in 1989]

DISPOSITION OF HUMAN BODIES97.110 Human remains not to be at-

tached. No person shall attach, detain orclaim to detain any human remains for anydebt or demand or upon any pretended lienor charge.

97.120 Human remains to be depositedin accordance with ORS 97.010 to 97.040,97.110 to 97.450, 97.510 to 97.730, 97.810 to97.920 and 97.990. A cemetery authorityshall deposit or dispose of human remains asprovided by ORS 97.010 to 97.040, 97.110 to97.450, 97.510 to 97.730, 97.810 to 97.920 and97.990.

97.130 Right to control disposition ofremains; delegation. (1) Any individual ofsound mind who is 18 years of age or older,by completion of a written signed instrumentor by preparing or prearranging with any fu-neral service practitioner licensed underORS chapter 692, may direct any lawfulmanner of disposition of the individual’s re-mains. Except as provided under subsection(7) of this section, disposition directions ordisposition prearrangements that are prepaidor that are filed with a funeral service prac-titioner licensed under ORS chapter 692 arenot subject to cancellation or substantial re-vision.

(2) A person within the first applicablelisted class among the following listedclasses that is available at the time of death,in the absence of actual notice of a contrarydirection by the decedent as described undersubsection (1) of this section or actual noticeof opposition by completion of a written in-strument by a member of the same class or



a member of a prior class, may direct anylawful manner of disposition of a decedent’sremains by completion of a written instru-ment:

(a) The spouse of the decedent.(b) A son or daughter of the decedent 18

years of age or older.(c) Either parent of the decedent.(d) A brother or sister of the decedent 18

years of age or older.(e) A guardian of the decedent at the

time of death.(f) A person in the next degree of kindred

to the decedent.(g) The personal representative of the es-

tate of the decedent.(h) The person nominated as the personal

representative of the decedent in thedecedent’s last will.

(i) A public health officer.(3)(a) The decedent or any person au-

thorized in subsection (2) of this section todirect the manner of disposition of thedecedent’s remains may delegate such au-thority to any person 18 years of age orolder.

(b) Delegation of the authority to directthe manner of disposition of remains must bemade by completion of:

(A) The written instrument described insubsection (8) of this section; or

(B) The form described in subsection (4)of this section.

(c) The person to whom the authority isdelegated has the same authority under sub-section (2) of this section as the person de-legating the authority.

(4)(a) A Record of Emergency Data, DDForm 93, or a successor form recognized bythe Armed Forces of the United States, asthat term is defined in ORS 348.282, com-pleted by a member of the Armed Forces ofthe United States serves as a valid writteninstrument for purposes of subsection (3) ofthis section.

(b) In accordance with United States De-partment of Defense Instruction 1300.18, amember of the Armed Forces of the UnitedStates shall complete the form described inthis subsection and shall verify the accuracyof the form at least annually.

(c) The form described in this subsection,regardless of the date on which the form wassigned, supersedes any other written instru-ment that directs the disposition of thedecedent’s remains.

(5) Except as provided in subsection (4)(c)of this section, if a decedent or the

decedent’s designee issues more than oneauthorization or direction for the disposal ofthe decedent’s remains, only the most recentauthorization or direction is binding.

(6) A donation of anatomical gifts underORS 97.951 to 97.982 takes priority over di-rections for the disposition of a decedent’sremains under this section only if the personmaking the donation is of a priority undersubsection (1) or (2) of this section the sameas or higher than the priority of the persondirecting the disposition of the remains.

(7) If the decedent directs a dispositionunder subsection (1) of this section and thosefinancially responsible for the disposition arewithout sufficient funds to pay for such dis-position or the estate of the decedent hasinsufficient funds to pay for the disposition,or if the direction is unlawful, the directionis void and disposition shall be in accordancewith the direction provided by the persongiven priority in subsection (2) of this sectionand who agrees to be financially responsible.

(8) The signature of the individual deleg-ating the authority to direct the manner ofdisposition is required for the completion ofthe written instrument required in subsec-tion (3)(b)(A) of this section. The followingform or a form substantially similar shall beused by all individuals:__________________________________________

APPOINTMENT OF PERSONTO MAKE DECISIONS

CONCERNING DISPOSITIONOF REMAINS

I, , appoint, whose ad-

dress is and whosetelephone number is ( ) ,as the person to make all decisions regardingthe disposition of my remains upon my deathfor my burial or cremation. In the event

is unable to act, I ap-point , whose address is

and whosetelephone number is ( ) ,as my alternate person to make all decisionsregarding the disposition of my remains uponmy death for my burial or cremation.

It is my intent that this Appointment ofPerson to Make Decisions Concerning Dis-position of Remains act as and be acceptedas the written authorization presently re-quired by ORS 97.130 (or its correspondingfuture provisions) or any other provision ofOregon Law, authorizing me to name a per-son to have authority to dispose of my re-mains.



DATED this day of ,.

(Signature)

DECLARATION OF WITNESSES

We declare that ispersonally known to us, that he/she signedthis Appointment of Person to Make Deci-sions Concerning Disposition of Remains inour presence, that he/she appeared to be ofsound mind and not acting under duress,fraud or undue influence, and that neitherof us is the person so appointed by this doc-ument.

Witnessed By:Date:

Witnessed By:Date:

__________________________________________

(9) Subject to the provisions of ORS97.951 to 97.982, if disposition of the remainsof a decedent has not been directed and au-thorized under this section within 10 daysafter the date of the death of the decedent,a public health officer may direct and au-thorize disposition of the remains.

(10) Notwithstanding subsection (2) ofthis section, a person arrested for or chargedwith criminal homicide by reason of thedeath of the decedent may not direct thedisposition of the decedent’s remains. Thedisposition of the decedent’s remains shall bemade in accordance with the directions of aneligible person within the first applicableclass established under subsection (2) of thissection.

(11) Notwithstanding subsections (2) and(3) of this section, if the person who has theauthority to direct the manner of dispositionof cremated remains pursuant to subsection(1) or (2) of this section transfers any portionof the cremated remains to another person,the recipient of the cremated remains hasthe authority to direct the manner of dispo-sition of the cremated remains in therecipient’s possession. [Amended by 1969 c.175 §10;1969 c.591 §279; 1973 c.823 §97; 1995 c.717 §10; 1997 c.472§1; 1999 c.201 §5; 2007 c.373 §1; 2007 c.681 §24; 2011 c.154§1; 2011 c.164 §1; 2019 c.83 §1]

Note: The amendments to 97.130 by section 12a,chapter 384, Oregon Laws 2019, become operative June30, 2021. See section 28, chapter 384, Oregon Laws 2019.The text that is operative on and after June 30, 2021, isset forth for the user’s convenience.

97.130. (1) Any individual of sound mind who is 18years of age or older, by completion of a written signedinstrument or by preparing or prearranging with anyfuneral service practitioner licensed under ORS chapter692, may direct any lawful manner of disposition of theindividual’s remains. Except as provided under subsec-

tion (7) of this section, disposition directions or dispo-sition prearrangements that are prepaid or that are filedwith a funeral service practitioner licensed under ORSchapter 692 are not subject to cancellation or substan-tial revision.

(2) A person within the first applicable listed classamong the following listed classes that is available atthe time of death, in the absence of actual notice of acontrary direction by the decedent as described undersubsection (1) of this section or actual notice of oppo-sition by completion of a written instrument by a mem-ber of the same class or a member of a prior class, maydirect any lawful manner of disposition of a decedent’sremains by completion of a written instrument:

(a) The spouse of the decedent.(b) A son or daughter of the decedent 18 years of

age or older.(c) Either parent of the decedent.(d) A brother or sister of the decedent 18 years of

age or older.(e) A guardian of the decedent at the time of death.(f) A person in the next degree of kindred to the

decedent.(g) The personal representative of the estate of the

decedent.(h) The person nominated as the personal repre-

sentative of the decedent in the decedent’s last will.(i) A public health officer.(3)(a) The decedent or any person authorized in

subsection (2) of this section to direct the manner ofdisposition of the decedent’s remains may delegate suchauthority to any person 18 years of age or older.

(b) Delegation of the authority to direct the mannerof disposition of remains must be made by completionof:

(A) The written instrument described in subsection(8) of this section; or

(B) The form described in subsection (4) of thissection.

(c) The person to whom the authority is delegatedhas the same authority under subsection (2) of this sec-tion as the person delegating the authority.

(4)(a) A Record of Emergency Data, DD Form 93,or a successor form recognized by the Armed Forces ofthe United States, as that term is defined in ORS366.931, completed by a member of the Armed Forces ofthe United States serves as a valid written instrumentfor purposes of subsection (3) of this section.

(b) In accordance with United States Departmentof Defense Instruction 1300.18, a member of the ArmedForces of the United States shall complete the form de-scribed in this subsection and shall verify the accuracyof the form at least annually.

(c) The form described in this subsection, regard-less of the date on which the form was signed, super-sedes any other written instrument that directs thedisposition of the decedent’s remains.

(5) Except as provided in subsection (4)(c) of thissection, if a decedent or the decedent’s designee issuesmore than one authorization or direction for the dis-posal of the decedent’s remains, only the most recentauthorization or direction is binding.

(6) A donation of anatomical gifts under ORS 97.951to 97.982 takes priority over directions for the disposi-tion of a decedent’s remains under this section only ifthe person making the donation is of a priority undersubsection (1) or (2) of this section the same as orhigher than the priority of the person directing thedisposition of the remains.

(7) If the decedent directs a disposition under sub-section (1) of this section and those financially respon-



sible for the disposition are without sufficient funds topay for such disposition or the estate of the decedenthas insufficient funds to pay for the disposition, or ifthe direction is unlawful, the direction is void and dis-position shall be in accordance with the direction pro-vided by the person given priority in subsection (2) ofthis section and who agrees to be financially responsi-ble.

(8) The signature of the individual delegating theauthority to direct the manner of disposition is requiredfor the completion of the written instrument required insubsection (3)(b)(A) of this section. The following formor a form substantially similar shall be used by all in-dividuals:__________________________________________

APPOINTMENT OF PERSONTO MAKE DECISIONS

CONCERNING DISPOSITIONOF REMAINS

I, , appoint, whose address is

and whose telephonenumber is ( ) , as the person tomake all decisions regarding the disposition of my re-mains upon my death for my burial or cremation. In theevent is unable to act, I ap-point , whose address is

and whose tele-phone number is ( ) , as my al-ternate person to make all decisions regarding thedisposition of my remains upon my death for my burialor cremation.

It is my intent that this Appointment of Person toMake Decisions Concerning Disposition of Remains actas and be accepted as the written authorization pres-ently required by ORS 97.130 (or its corresponding fu-ture provisions) or any other provision of Oregon Law,authorizing me to name a person to have authority todispose of my remains.

DATED this day of ,.

(Signature)

DECLARATION OF WITNESSES

We declare that is per-sonally known to us, that he/she signed this Appoint-ment of Person to Make Decisions ConcerningDisposition of Remains in our presence, that he/she ap-peared to be of sound mind and not acting under duress,fraud or undue influence, and that neither of us is theperson so appointed by this document.

Witnessed By:

Date:Witnessed By:

Date: __________________________________________

(9) Subject to the provisions of ORS 97.951 to97.982, if disposition of the remains of a decedent hasnot been directed and authorized under this sectionwithin 10 days after the date of the death of the dece-

dent, a public health officer may direct and authorizedisposition of the remains.

(10) Notwithstanding subsection (2) of this section,a person arrested for or charged with criminal homicideby reason of the death of the decedent may not directthe disposition of the decedent’s remains. The disposi-tion of the decedent’s remains shall be made in accor-dance with the directions of an eligible person withinthe first applicable class established under subsection(2) of this section.

(11) Notwithstanding subsections (2) and (3) of thissection, if the person who has the authority to directthe manner of disposition of cremated remains pursuantto subsection (1) or (2) of this section transfers anyportion of the cremated remains to another person, therecipient of the cremated remains has the authority todirect the manner of disposition of the cremated re-mains in the recipient’s possession.

97.132 [1961 c.674 §1; repealed by 1969 c.175 §12]97.134 [1961 c.674 §§2,3; repealed by 1969 c.175 §12]97.140 [Repealed by 1957 c.423 §1 (97.141 and 97.145

enacted in lieu of 97.140)]97.141 [1957 c.423 §2 (97.141 and 97.145 enacted in

lieu of 97.140); repealed by 1997 c.472 §13]

97.145 Liability for failure to conformto written instrument directing controlof remains. No cemetery authority,crematory operator or licensed funeral ser-vice practitioner interring or cremating re-mains pursuant to a written instrumentsigned by the decedent or a person describedin ORS 97.130 (2) shall be liable for any fail-ure to conform to the priority of control ofremains provided in ORS 97.130, except whenit shall have received two or more conflict-ing written instruments prior to intermentor cremation of said remains. [1957 c.423 §3(97.141 and 97.145 enacted in lieu of 97.140); 1997 c.472§2]

97.150 Disposition of cremated re-mains; procedures; notice; limitations onliability of cemetery authority, crematoryoperator or funeral service provider. (1)(a)If the cemetery authority, crematory opera-tor or licensed funeral service practitionerhas been authorized to cremate remains of adecedent pursuant to ORS 97.130, the au-thorization must also contain further in-structions to the cemetery authority,crematory operator or licensed funeral ser-vice practitioner as to the final dispositionof the cremated remains.

(b) If the cremated remains are left in thepossession of the cemetery authority,crematory operator or licensed funeral ser-vice practitioner and no instructions for finaldisposition are given to the cemetery au-thority, crematory operator or licensed fu-neral service practitioner within 180 daysafter the date of cremation, the cemeteryauthority, crematory operator or licensed fu-neral service practitioner shall make a rea-sonable effort to notify the person who hasthe authority to direct disposition of thecremated remains under ORS 97.130 (2). Thenotice must state that the cemetery author-



ity, crematory operator or licensed funeralservice practitioner intends to dispose of thecremated remains unless the person who hasthe authority to direct disposition of thecremated remains gives instructions to thecontrary to the cemetery authority,crematory operator or licensed funeral ser-vice practitioner within 30 days after thedate of the notice.

(c) Reasonable effort to notify includes,but is not limited to, notice, delivered per-sonally or by certified mail, return receiptrequested, to the person who has the au-thority to direct disposition of the crematedremains at the address of the person in therecords of the cemetery authority, crematoryoperator or licensed funeral service practi-tioner.

(d) If the person who has the authorityto direct the disposition of the cremated re-mains has not given instructions for the dis-position of the cremated remains within 30days after the date of the notice, the ceme-tery authority, crematory operator or li-censed funeral service practitioner maydispose of the cremated remains as is legallypracticable.

(2) A cemetery authority, crematory op-erator or licensed funeral service practi-tioner is not liable in any civil or criminalproceeding relating to cremated remains thathave been left in the possession of the ceme-tery authority, crematory operator or li-censed funeral service practitioner for aperiod of 180 days or more unless:

(a) The cemetery authority, crematoryoperator or licensed funeral service practi-tioner has failed to make a reasonable effortto notify the person who has the authorityto direct disposition of the cremated remainsas described in subsection (1) of this section;

(b) A written contract has been enteredinto with the cemetery authority, crematoryoperator or licensed funeral service practi-tioner for care of the cremated remains; or

(c) Permanent interment has been made.(3) A cemetery authority is not liable in

any civil or criminal proceeding relating tocremated remains that have been interred,scattered, placed in an ossuary or disposedof in any other manner within the cemeteryif the person who physically possesses thecremated remains consents to the disposition.

(4) A cemetery authority is not liable inany civil or criminal proceeding relating tocremated remains that have been scatteredwithin the cemetery without the knowledgeof the cemetery authority. The cemetery au-thority may dispose of cremated remains thathave been scattered within the cemeterywithout the knowledge of the cemetery au-thority as is legally practicable.

(5) If the cemetery authority, crematoryoperator or licensed funeral service practi-tioner has complied with this section, thenthe cemetery authority, crematory operatoror licensed funeral service practitioner maydispose of the remains as is legally practica-ble. [Amended by 1989 c.669 §1; 1997 c.472 §3; 2011 c.164§2]

97.153 Diagnostic or therapeuticradioisotopes in body. Notwithstandingsection 14, chapter 653, Oregon Laws 1991,or ORS 469.525, diagnostic or therapeuticradioisotopes remaining inside theuncremated body of a deceased person maybe buried, entombed or otherwise disposed ofin a cemetery or other lawful place for theburial, entombment or other disposal of theuncremated body of the deceased person eventhough the body contains low-level radioac-tive waste as defined under 42 U.S.C. 2021(b)as of January 1, 1995, by-product material asdefined under 42 U.S.C. 2014 as of January1, 1995, or special nuclear material exemptedby the United States Nuclear RegulatoryCommission as of January 1, 1995, under au-thority of 42 U.S.C. 2077(d). [1995 c.252 §1]


97.160 Duty of hospital or sanitariumto notify before sending remains toundertaker; procedures. (1) No hospital orsanitarium, or the employees, agents or rep-resentatives thereof, shall send or cause tobe sent to any funeral service practitioner,undertaker, mortician or embalmer the re-mains of any decedent without having com-plied with this section before finaldisposition of the remains.

(2) If the admitting record contains thename of a relative, friend or other personidentified by the decedent in the admittingrecord, or if the hospital or sanitarium isaware of the name of any other personchargeable with the funeral expenses of thedecedent, the hospital or the sanitarium mustnotify the relative, friend or other personpersonally or by certified mail, return receiptrequested.

(3) If a hospital or sanitarium is unableto give actual notice to a relative, friend orother person under the provisions of subsec-tion (2) of this section, the hospital orsanitarium must publish a notice of death atleast one time in a newspaper of general cir-culation in the county where the death oc-curred, or, if there is no such newspaper, ina newspaper most likely to give notice of thedeath to relatives and friends of the dece-dent. The notice must contain the name ofthe decedent and the address and phonenumber for the hospital or sanitarium.



(4) If the remains of the decedent are notclaimed within 10 days after the giving ofnotice under subsection (2) of this section,or within 10 days after publication undersubsection (3) of this section if publication ismade under subsection (3) of this section, thehospital or sanitarium may arrange for thedisposal of the remains of the decedent with-out further notice in the manner specified byORS 97.170 to 97.200.

(5) Nothing in this section limits or gov-erns the authority of any administrator orexecutor, trustee or other person having afiduciary relationship with the deceased orto the state, counties, cities or towns in thedisposition of the remains of a deceased per-son. [Amended by 1993 c.92 §1]

97.170 Disposition of unclaimed bodyof deceased person; rules. (1) As used inthis section, “indigent person” means a de-ceased person who does not have a death orfinal expense benefit or insurance policy thatpays for disposition of the deceased person’sbody or other means to pay for dispositionof the deceased person’s body and:

(a) Who does not have a relative or otherperson with the legal right to direct and themeans to pay for disposition of the deceasedperson’s body;

(b) Whose relative, or other person, withthe legal right to direct the disposition of thedeceased person’s body does not pay or ar-range to pay for, or refuses to direct, thedisposition of the deceased person’s bodywithin 10 days of being notified of the death;or

(c) For whom no person other than aperson described in paragraph (a) or (b) ofthis subsection wishes to direct and pay forthe disposition of the deceased person’s body.

(2) The State Mortuary and CemeteryBoard shall maintain a list of institutionsthat may accept or process bodies for educa-tion or research purposes.

(3)(a) A funeral establishment licensedunder ORS 692.146 that takes custody of theunclaimed body of a deceased person shall,within five days after taking custody of thebody:

(A) Submit a report of death under ORS432.133;

(B) Obtain all contact information knownto the medical examiner, a health care facil-ity or law enforcement regarding personslisted in ORS 97.130;

(C) Attempt to locate and notify the per-sons listed in ORS 97.130;

(D) Arrange with any person listed inORS 97.130 who will pay the expenses tomake disposition of the body;

(E) If no person listed in ORS 97.130 canbe located to pay the expenses to make dis-position of the body, arrange with a personor institution not listed in ORS 97.130 thatwill pay the expenses to make disposition ofthe body;

(F) Determine whether the Departmentof State Lands or other person is appointedas the personal representative of the de-ceased person pursuant to ORS 113.085; and

(G) Contact the Department of Veterans’Affairs to determine whether the decedent iseligible for any state or federal benefits.

(b) If no one claims the body within 10days after the funeral establishment takescustody of the body, or if the persons notifiedacquiesce, or if the decedent is not eligiblefor any benefits described in paragraph (a)(G)of this subsection, the funeral establishmentmay transfer the body to an institution onthe list of institutions described in subsec-tion (2) of this section that desires the bodyfor education or research purposes.

(c) If no person or institution claims thebody as provided in paragraphs (a) and (b) ofthis subsection, the funeral establishmentmay cremate or bury the body without theconsent of persons listed in ORS 97.130 andis indemnified from any liability arising fromhaving made such disposition. The method ofdisposition must be in the least costly andmost environmentally sound manner thatcomplies with law, and that does not conflictwith known wishes of the deceased. If thedeceased person is an indigent person, theboard shall reimburse the funeral establish-ment for the costs of disposition under sub-section (5) of this section.

(4) If the deceased person is a child overwhom the Department of Human Servicesheld guardianship at the time of death, thedepartment shall promptly attempt to locateand notify the relatives of the deceased childor any other person who has an interest inthe deceased child and shall arrange withany person who will pay the expenses tomake disposition of the body. If no relativesor interested persons claim the body, the de-partment may transfer the body to an insti-tution that is on the list maintained by theboard under subsection (2) of this sectionthat desires the body for education or re-search purposes, or may authorize burial orcremation of the body. The department shallpay expenses related to burial or cremationauthorized by the department under thissubsection.

(5) Upon receipt of a qualifying statementas required by the board by rule that the de-ceased person is an indigent person, theboard shall reimburse a funeral establish-ment the reasonable costs for disposition ofthe body of any unclaimed deceased indigent



person. The method of disposition must be inthe least costly and most environmentallysound manner that complies with law. Theboard shall adopt rules establishing the re-quirements and process for reimbursementand setting the amount that may be reim-bursed to a funeral establishment under thissubsection. [Amended by 1973 c.842 §1; 1985 c.704 §1;1993 c.345 §4; 1995 c.162 §62; 2009 c.709 §8; 2015 c.651 §1]

Note: The amendments to 97.170 by section 53,chapter 678, Oregon Laws 2019, become operative July1, 2021. See section 85, chapter 678, Oregon Laws 2019.The text that is operative on and after July 1, 2021, isset forth for the user’s convenience.

97.170. (1) As used in this section, “indigentperson” means a deceased person who does not have adeath or final expense benefit or insurance policy thatpays for disposition of the deceased person’s body orother means to pay for disposition of the deceasedperson’s body and:

(a) Who does not have a relative or other personwith the legal right to direct and the means to pay fordisposition of the deceased person’s body;

(b) Whose relative, or other person, with the legalright to direct the disposition of the deceased person’sbody does not pay or arrange to pay for, or refuses todirect, the disposition of the deceased person’s bodywithin 10 days of being notified of the death; or

(c) For whom no person other than a person de-scribed in paragraph (a) or (b) of this subsection wishesto direct and pay for the disposition of the deceasedperson’s body.

(2) The State Mortuary and Cemetery Board shallmaintain a list of institutions that may accept or proc-ess bodies for education or research purposes.

(3)(a) A funeral establishment licensed under ORS692.146 that takes custody of the unclaimed body of adeceased person shall, within five days after takingcustody of the body:

(A) Submit a report of death under ORS 432.133;(B) Obtain all contact information known to the

medical examiner, a health care facility or law enforce-ment regarding persons listed in ORS 97.130;

(C) Attempt to locate and notify the persons listedin ORS 97.130;

(D) Arrange with any person listed in ORS 97.130who will pay the expenses to make disposition of thebody;

(E) If no person listed in ORS 97.130 can be locatedto pay the expenses to make disposition of the body,arrange with a person or institution not listed in ORS97.130 that will pay the expenses to make dispositionof the body;

(F) Determine whether the State Treasurer or otherperson is appointed as the personal representative ofthe deceased person pursuant to ORS 113.085; and

(G) Contact the Department of Veterans’ Affairs todetermine whether the decedent is eligible for any stateor federal benefits.

(b) If no one claims the body within 10 days afterthe funeral establishment takes custody of the body, orif the persons notified acquiesce, or if the decedent isnot eligible for any benefits described in paragraph(a)(G) of this subsection, the funeral establishment maytransfer the body to an institution on the list of insti-tutions described in subsection (2) of this section thatdesires the body for education or research purposes.

(c) If no person or institution claims the body asprovided in paragraphs (a) and (b) of this subsection,the funeral establishment may cremate or bury the bodywithout the consent of persons listed in ORS 97.130 and

is indemnified from any liability arising from havingmade such disposition. The method of disposition mustbe in the least costly and most environmentally soundmanner that complies with law, and that does not con-flict with known wishes of the deceased. If the deceasedperson is an indigent person, the board shall reimbursethe funeral establishment for the costs of dispositionunder subsection (5) of this section.

(4) If the deceased person is a child over whom theDepartment of Human Services held guardianship at thetime of death, the department shall promptly attempt tolocate and notify the relatives of the deceased child orany other person who has an interest in the deceasedchild and shall arrange with any person who will paythe expenses to make disposition of the body. If no rel-atives or interested persons claim the body, the depart-ment may transfer the body to an institution that is onthe list maintained by the board under subsection (2)of this section that desires the body for education orresearch purposes, or may authorize burial or cremationof the body. The department shall pay expenses relatedto burial or cremation authorized by the departmentunder this subsection.

(5) Upon receipt of a qualifying statement as re-quired by the board by rule that the deceased person isan indigent person, the board shall reimburse a funeralestablishment the reasonable costs for disposition of thebody of any unclaimed deceased indigent person. Themethod of disposition must be in the least costly andmost environmentally sound manner that complies withlaw. The board shall adopt rules establishing the re-quirements and process for reimbursement and settingthe amount that may be reimbursed to a funeral estab-lishment under this subsection.

97.180 Period within which body maynot be used or dismembered. An institu-tion that receives a body pursuant to ORS97.170 and that intends to use the body forongoing research may properly preserve thebody upon receipt for anatomical purposes,but may not use or dismember the body forat least 30 days after receipt. If a relative orfriend of the deceased person claims the bodywithin the 30 days specified in this section,the institution with custody of the body shallrelease the body to a funeral establishmentlicensed under ORS 692.146 on behalf of therelative or friend. [Amended by 2015 c.651 §2]

97.190 Post-mortem examination ofbody. Unless required by a medical examinerto determine the cause of death or specif-ically authorized and ordered by the super-intendent of the hospital or institution inwhich any person coming under the pro-visions of ORS 97.170 may die, no such bodyas is mentioned in ORS 97.170 is subject topost-mortem examination, except by consentof the State Mortuary and Cemetery Board.[Amended by 1959 c.629 §43; 1965 c.221 §13; 1977 c.582§1; 2015 c.651 §3]

97.200 Disposition of remains afteruse. (1) An institution that uses a body forongoing research pursuant to ORS 97.170shall bury respectfully or cremate the re-mains upon completion of use. If the institu-tion cremates the remains, the institutionshall deliver the ashes to a relative of thedeceased person if a relative is known to theinstitution. If no relative is known to the in-



stitution, the institution shall hold the ashesfor three years after cremation and may thendispose of the ashes in a respectful manner.The institution shall pay burial, cremation,storage and delivery expenses for a body theinstitution used pursuant to ORS 97.170.

(2) Notwithstanding subsection (1) of thissection, an institution that uses a body pur-suant to ORS 97.170 only for instruction onpreservation of a body shall, upon completionof use, return the body to the funeral estab-lishment from where the institution receivedthe body. [Amended by 2015 c.651 §4]

97.210 Exceptions to application ofORS 97.170 to 97.200; rules. The body ofany person who died of smallpox, diphtheria,scarlet fever or other disease that the Ore-gon Health Authority, by rule, may pre-scribe, shall not be subject to the provisionsof ORS 97.170 to 97.200. [Amended by 1977 c.582§2; 2009 c.595 §62]

97.220 Disinterment. (1) Except as pro-vided in ORS 97.223, the remains of a de-ceased person interred in a plot in acemetery may be removed from the plot withthe consent of the cemetery authority andwritten consent of:

(a) The person under ORS 97.130 (2)(a),(b) or (c) who has the authority to directdisposition of the remains of the deceasedperson; or

(b) If the remains are cremated remains,the person who had possession of thecremated remains and authorized theinterment of the cremated remains.

(2) If the consent of a person describedin subsection (1) of this section or of thecemetery authority cannot be obtained, per-mission by the county court of the countywhere the cemetery is situated is sufficient.Notice of application to the court for suchpermission must be given at least 60 daysprior thereto, personally or by mail, to thecemetery authority, to the person not con-senting and to every other person or author-ity on whom service of notice is required bythe county court.

(3) If the payment for the purchase of aninterment space is past due for a period of90 days or more, this section does not applyto or prohibit the removal of any remainsfrom one plot to another in the same ceme-tery or the removal of remains by the ceme-tery authority from a plot to some othersuitable place.

(4) This section does not apply to thedisinterment of remains upon order of courtor if ordered under the provisions of ORS146.045 (3)(e). [Amended by 1977 c.582 §3; 2007 c.661§2; 2011 c.164 §3; 2019 c.241 §3]

97.223 Interment or temporary stor-age of human remains in case of naturaldisaster or other emergency. (1) In theevent of a natural disaster or similar emer-gency that causes interred human remains tobe completely or partially dislodged fromtheir original designated plot, the cemeteryauthority of the cemetery where the plot islocated may, as the cemetery authoritydeems fit:

(a) Inter the human remains in the ori-ginal designated plot;

(b) Temporarily store the human remainsin a safe storage location until the cemeteryauthority can inter the human remains; or

(c) Inter the human remains in anotherplot in the cemetery.

(2) The cemetery authority shall, beforeperforming an act specified in subsection(1)(b) or (c) of this section, make a reason-able attempt to identify the human remainsand notify the person described in ORS97.130 (2) who has authority to direct dispo-sition of the remains of the deceased person.

(3) A cemetery authority that performsan act specified in subsection (1) of this sec-tion may not be held liable for performingthat act.

(4) A person described in ORS 97.130 (2)who has the authority to direct dispositionof the remains of the deceased person maynot be held liable, or be considered to haveviolated a provision of ORS 97.110 to 97.450,if the person:

(a) Makes a request of the cemetery au-thority to undertake an action specified insubsection (1) of this section; or

(b) Personally undertakes an action spec-ified in subsection (1) of this section. [2019c.241 §2]

97.230 [Repealed by 1973 c.286 §1]

97.250 [1969 c.175 §1; repealed by 1995 c.717 §9]

97.255 [1969 c.175 §3; repealed by 1995 c.717 §9]

97.260 [1969 c.175 §2; repealed by 1995 c.717 §9]

97.265 [1969 c.175 §4; 1973 c.823 §§98,157; 1993 c.218§1; repealed by 1995 c.717 §9]

97.268 [1985 c.379 §1; repealed by 1995 c.717 §9]

97.270 [1969 c.175 §5; repealed by 1995 c.717 §9]

97.275 [1969 c.175 §6; 1969 c.591 §278a; 1975 c.215§1; repealed by 1995 c.717 §9]

97.280 [1969 c.175 §7; repealed by 1995 c.717 §9]

97.285 [1969 c.175 §8; repealed by 1995 c.717 §9]

97.290 [1969 c.175 §9; repealed by 1995 c.717 §9]

97.295 [Formerly 116.115; 1995 c.717 §11; renumbered97.966 in 1995]

97.300 [1969 c.271 §1; 1995 c.717 §12; renumbered97.968 in 1995]



DEDICATION TO CEMETERYPURPOSES; PLATTINGS

97.310 Survey and subdivision of land;map or plat of mausoleum orcolumbarium; access easement. (1) Everycemetery authority, from time to time as itsproperty may require for cemetery purposes,shall:

(a) In case of land, survey and subdivideit into sections, blocks, plots, avenues, walksor other subdivisions and make a good andsubstantial map or plat showing them, withdescriptive names or numbers. In all in-stances this shall be done in compliance withORS 92.010 to 92.192 except that ORS 92.090(2)(a) and (b) shall not be applicable tostreets, alleys, ways and footpaths locatedwholly within a cemetery.

(b) In case of a mausoleum orcolumbarium, make a good substantial mapor plat on which are delineated the sections,halls, rooms, corridors, elevation and otherdivisions, with descriptive names or numbers.In all instances this shall be done in compli-ance with the state building code.

(2) Every lot in a cemetery subdivisionshall include an access easement across thelot for the benefit of adjacent lots. Desig-nated areas between lots for the purpose ofproviding access to separate lots are not re-quired to approve a subdivision under thissection. A cemetery authority must discloseto a potential purchaser of a lot in the cem-etery the existence of the access easementacross the lot. [Amended by 1965 c.396 §2; 1979 c.57§1; 1985 c.582 §3; 1999 c.381 §1]

97.320 Filing map or plat and declara-tion of dedication of land to cemeterypurposes. In case of a cemetery lot, thecemetery authority shall file the map or platin the office of the recording officer of thecounty in which all or a portion of the prop-erty is situated, and it forthwith shall file forrecord in that officer’s office a written dec-laration dedicating the property delineatedon the plat or map exclusively to cemeterypurposes.

97.330 When dedication is complete.Upon the filing of the map or plat and of thedeclaration for record, the dedication iscomplete for all purposes, and thereafter theproperty shall be held, occupied and usedexclusively for cemetery purposes.

97.340 Effect of dedication. After prop-erty is dedicated to cemetery purposes pur-suant to ORS 97.310 to 97.330 and 97.360 (1),neither the dedication nor the title of a plotowner shall be affected by the dissolution ofthe cemetery authority by nonuser on itspart, by alienation of the property, by anyencumbrances, by sale under execution orotherwise, except as provided in ORS 97.310

to 97.350, 97.360 (2), 97.440, 97.510 to 97.650,97.710, 97.720 and 97.810 to 97.865.

97.350 Dedication to cemetery pur-poses not invalid. Dedication to cemeterypurposes pursuant to ORS 97.010 to 97.040,97.110 to 97.450, 97.510 to 97.730, 97.810 to97.920 and 97.990 is not invalid as violatingany laws against perpetuities or the suspen-sion of the power of alienation of title to oruse of property, and is deemed to be in re-spect for the dead, and is a provision for theinterment of human remains and is a duty to,and for the benefit of, the general public.

97.360 Resurvey and alteration inshape or size; vacation of streets, walks,driveways and parks and replatting intolots. (1) Any part or subdivision of the prop-erty so mapped and platted may, by order ofthe directors and consent of the lot owners,be resurveyed and altered in shape and sizeand an amended map or plat filed, so long assuch change does not disturb any interredremains.

(2) Whenever a majority of the lots asplatted or laid out in any cemetery estab-lished before March 3, 1927, or any partthereof, has been sold without the owners orpersons in control of the cemetery havingmade provision for the establishment of anadequate endowment fund for the perpetualmaintenance, upkeep and beautification ofthe cemetery and of the lots therein, the av-enues, streets, alleys, walks, driveways andparks therein may be vacated or altered andreplatted into lots which may be sold forburial purposes in the manner provided inthis subsection and in ORS 97.370 to 97.430.Application for the vacation or alteration ofany avenues, streets, alleys, walks, drivewaysor parks, and for the replatting of the same,or any portion thereof, for cemetery lots inany such cemetery shall be made to thecounty court or board of county commission-ers in the county where the cemetery is sit-uated. The application may be by the ownersor persons in control of the cemetery or bya group of 20 or more persons owning lotsor having relatives buried therein. The ap-plication shall be verified and shall specifythe lots owned by each petitioner in whichare buried bodies of relatives in which thepetitioner is interested and shall state thereason for the proposed change and whatprovisions have theretofore been made forthe perpetual upkeep, maintenance andbeautification of the cemetery, and thereshall be presented therewith a plat of thecemetery, together with the proposed replat,which shall have clearly indicated thereonthe proposed changes.

97.370 Fixing date of hearing; notice.When any application mentioned in ORS97.360 (2) is filed, the court or board shall fix



the time for the hearing of it and notice ofthe time thereof shall be given by publicationin a paper of general circulation published inthe town in which the cemetery is situatedor in the town to which it is nearest once aweek for a period of six successive weeksprior to the date of the hearing and a copyof such notice shall be posted for a like pe-riod at three public and conspicuous placesin the cemetery. Such notice shall be ad-dressed to all persons owning lots or havingan interest in the cemetery, but need notname them, and shall set forth in a generalway the proposed changes, the reason statedin the application for making it, the timewhen the hearing of the application will behad, and shall state that a plat showing theproposed changes is on file with the countyclerk of the county in which the cemetery issituated.

97.380 Hearing; order allowingreplatting. At the hearing mentioned inORS 97.370 the court or board shall considerand hear any evidence introduced in favor ofthe proposed change and all objectionsthereto and, after a full hearing thereon, mayallow the proposed change and replat inwhole or in part. If the proposed change isallowed, either in whole or in part, an orderallowing it shall be made providing that titleto any new lot created by the alteration orvacation of any avenues, streets, alleys,driveways, walks or parks, or any partthereof, shall be vested in the owner of thefee of the part of the cemetery sought to bevacated in trust for burial purposes, orvested in any association which may beformed for the purpose of taking over thecemetery and operating and maintaining it inaccordance with the provisions of ORS97.400. [Amended by 1985 c.582 §4; 1999 c.381 §2]

97.390 Assessment of benefits anddamages. If any damages are claimed by theowner of any lot in any such cemetery as ismentioned in ORS 97.360 (2), which lot isadjacent to the avenues, streets, alleys,driveways or parks vacated as provided inORS 97.380, they shall be ascertained by thecounty court or board of county commission-ers and offset against the benefits accruingto the lot owner on account of the upkeepand beautification of the cemetery in themanner provided in ORS 97.400. Any personfeeling aggrieved at the amount of damagesso assessed by the board may appeal fromsuch order of allowance to the circuit courtof the county in which the cemetery is situ-ated in the same manner as is provided bystatute for appeal from the assessment ofdamages by the exercise of eminent domainin locating a county road and on such appealthe jury, in assessing the amount of damagesto be allowed to the appellant, shall offsetagainst such damages the benefits accruing

to the appellant as in this section above pro-vided.

97.400 Disposal of newly created lots;disposition and use of proceeds from sale;failure of owner to perform duties. Anyowner or association accepting the trust ofhandling and disposing of lots newly createdpursuant to ORS 97.380 shall by the accept-ance thereof agree to dispose of the lots onlyfor burial purposes and at a price not lessthan that fixed by the county court or boardof county commissioners. The net funds de-rived from the sale of the lots remaining af-ter the payment of the reasonable expensesincident to the vacation and of the sale shallbe placed in an irreducible and perpetualfund and the interest therefrom shall be usedfor the perpetual upkeep and beautificationof the cemetery and the lots therein situated.The fund shall be placed in some reliabletrust company specified by the court orboard, which trust company shall invest thesame and pay the income therefrom to theowner or association charged with the dis-posal of such lots. Any owner or associationtaking over the sale of the lots shall complywith such provisions as the court or boardmay require of it in the upkeep, beautifi-cation and care of the cemetery with the in-come thereof, and if such owner orassociation for any reason fails to performsuch duties, the court or board may, on itsown motion, from time to time, appoint someother association or individual to performthem. The restrictions of this section shallnot apply to the sale of lots obtained byreplatting cemeteries owned and maintainedby any county.

97.410 Right of adjacent lot ownerupon vacation of way. The vacation of anavenue, street, alley, driveway, walk or parkadjacent to a cemetery lot shall vest in theowner of such lot no interest in the vacatedportion thereof; but the adjacent owner shall,for 30 days after the date of such an orderof vacation, have the right to purchase anynew lot adjacent to the lot of the owner atthe price fixed by the court or board atwhich the lots are to be sold, and if there ismore than one adjacent lot owner, the newlot shall be sold to the one offering thehighest price therefor.

97.420 Effect of failure to object. Anyowner of such cemetery as is mentioned inORS 97.360 (2), or of any lot therein, or anyrelative or heir of any deceased personburied in such cemetery who fails to appearand file written objection to any proposedreplat, alteration or vacation, authorized byORS 97.360 (2), shall be deemed to have con-sented to the proposed change and shall beforever barred from claiming any right to useand have open for traffic or passageway any



streets, alleys, driveways or parks vacated,or any right, title or interest therein, exceptas provided in ORS 97.360 (2) and 97.370 to97.410.

97.430 Declaration of exercise of policepower and right of eminent domain. Theenactment of ORS 97.360 (2) and 97.370 to97.430 is hereby declared to be a necessaryexercise of the police powers of the state inorder to preserve and keep existing ceme-teries as resting places for the dead and topreserve old and historic cemeteries frombecoming unkempt and places of reproachand desolation in the communities in whichthey are located. The taking of avenues,streets, alleys, walks, driveways and parksfor the purpose and by the method specifiedin ORS 97.360 (2) and 97.370 to 97.420 ishereby declared an exercise of the right ofeminent domain in behalf of the publichealth, safety, comfort, pleasure and historicinstruction.

97.440 Removal of dedication. (1) Prop-erty dedicated to cemetery purposes shall beheld and used exclusively for cemetery pur-poses until the dedication is removed fromall or any part of it by an order and decreeof the county court or board of county com-missioners of the county in which the prop-erty is situated in a proceeding brought bythe cemetery authority for that purpose andupon notice of hearing and proof satisfactoryto the court that:

(a) The portion of the property fromwhich dedication is sought to be removed isnot being used for interment of human re-mains; or

(b) The Oregon Commission on HistoricCemeteries has received notice of and hadthe opportunity to comment on the removalfrom the dedicated property of all human re-mains and markers dated prior to February14, 1909.

(2) The notice of hearing required by thissection must:

(a) Be given by publication once a weekfor at least four consecutive weeks in anewspaper of general circulation in thecounty where the cemetery is located and bypublication twice in a newspaper with state-wide circulation;

(b) Be posted in three conspicuous placeson that portion of the property from whichthe dedication is to be removed;

(c) Describe the portion of the cemeteryproperty sought to be removed from dedi-cation;

(d) State that all remains and markershave been removed or that no intermentshave been made in the portion of the ceme-

tery property sought to be removed fromdedication; and

(e) Specify the time and place of thehearing. [Amended by 2003 c.237 §1]

97.445 Vacating county interest incemetery real property. Consistent withthe provisions of ORS 368.326 to 368.366, acounty may vacate any real property inter-ests the county may own in a cemetery.Consistent with ORS 368.366 (2), the countymay vacate its real property interests in fa-vor of a private nonprofit organization pro-vided the organization states its intent toprovide for the continuing maintenance andcare of the cemetery and associated facilities.[1997 c.747 §2]

97.450 Discontinuance of cemetery andremoval of remains and markers. (1)(a)Whenever any cemetery that is within thelimits of any county, city or town has beenabandoned, or it is desirable to abandon suchcemetery, the governing body of any county,if the cemetery is owned by the county, orthe corporate authorities of the city or town,if the cemetery is owned by the city or town,or the trustees or directors, if the cemeteryis owned by an association or corporation,may order that such burial ground be dis-continued, have the remains of all personsinterred in the cemetery moved to someother suitable place and provide for the re-moval and reerection of all stones and mon-uments marking said graves. Each removalmust be made in an appropriate manner andin accordance with the directions of the Di-rector of the Oregon Health Authority. Priorto any removal authorized under this section,written notice must be given to the family,or next of kin of the deceased, if known, andif unknown, notice of the removal shall bepublished for at least four successive weeksin a newspaper of general circulation in thecounty in which the cemetery is located andtwice in a newspaper with statewide circu-lation.

(b) Any removal and the costs of theproceedings under this section shall be at theexpense of the county, city or town, individ-ual, corporation or association owning thecemetery to be moved.

(2) Notwithstanding subsection (1)(a) ofthis section, a cemetery or burial groundcontaining human remains that were inter-red before February 14, 1909, may not bediscontinued or declared abandoned or haveremains removed from the burial ground orcemetery without prior notice to and com-ment by the Oregon Commission on HistoricCemeteries. When commenting on a requestto discontinue or declare abandoned a ceme-tery or burial ground, the commission shallconsider:



(a) The listing of the cemetery or burialground under ORS 97.782;

(b) The historic significance of the ceme-tery or graves included in the request; and

(c) The findings of any archaeologicalsurvey of the cemetery or burial ground.[Amended by 1955 c.472 §1; 2003 c.237 §2; 2009 c.595 §63]

97.460 Requirements for establishmentof cemetery or burial park. (1) A personmay not lay out, open up or use any propertyfor cemetery or burial park purposes unlessthe person:

(a) Is the owner of the property;(b) Has the written consent of the plan-

ning commission of the county or city havingjurisdiction under ORS 92.042 or, if there isno such commission in such county or city,the governing body of such county or city;

(c) Agrees to maintain records of thedisposition of human remains on the propertyas required by the planning commission orgoverning body of the county or city havingjurisdiction under ORS 92.042; and

(d) Agrees to disclose the disposition ofhuman remains upon sale of the property.Failure to disclose the disposition of humanremains does not invalidate the sale of theproperty.

(2) A planning commission of a county orcity or, if there is no planning commission ina county or city, the governing body of thecounty or city, shall provide to the StateMortuary and Cemetery Board a list of therequirements for laying out, opening up orusing property in the county or city forcemetery or burial park purposes. [Formerly64.060; 1965 c.396 §3; 2009 c.709 §9]

SALES AND RIGHTS IN RESPECT OF CEMETERY PLOTS

97.510 Sale and conveyance of plots bycemetery authority. (1) After filing the mapor plat and recording the declaration of ded-ication, a cemetery authority may sell andconvey plots subject to such rules and regu-lations as may be then in effect and subjectto such other and further limitations, condi-tions and restrictions made a part of thedeclaration of dedication by reference or in-cluded in the instrument of conveyance ofthe plot.

(2) Scattering of cremated remains in ascattering garden is not a sale or convey-ance. [Amended by 2007 c.661 §3]

97.520 Sale or offer to sell cemeteryplot upon promise of resale at financialprofit. A person, firm or corporation maynot sell or offer to sell a cemetery plot uponthe promise, representation or inducement ofresale at a financial profit, except with theconsent and approval of the Director of the

Department of Consumer and Business Ser-vices. Each violation of this section consti-tutes a separate offense. [Amended by 1989 c.171§13; 2007 c.661 §4]

97.530 Commission, bonus or rebatefor sale of plot or services. No cemeteryauthority shall pay or offer to pay, and noperson, firm or corporation shall receive, di-rectly or indirectly, a commission, bonus, re-bate or other thing of value for the sale of aplot or services. This does not apply to aperson regularly employed by the cemeteryauthority for such purpose. Each violation ofthis section constitutes a separate offense.

97.540 Commission, bonus or rebatefor recommendation of cemetery. No per-son shall pay, cause to be paid or offer topay, and no person, firm or corporation shallreceive, directly or indirectly, except as pro-vided in ORS 97.530, any commission, bonus,rebate or other thing of value in consider-ation of recommending or causing a deadhuman body to be disposed of in any ceme-tery. Each violation of this section consti-tutes a separate offense.

97.550 Plots are indivisible. All plots,the use of which has been conveyed by deedor certificate of ownership as a separate plot,are indivisible except with the consent of thecemetery authority, or as provided by law.

97.560 Presumption of sole ownershipin grantee of plot. All plots conveyed toindividuals are presumed to be solely andseparately owned by the person named in theinstrument of conveyance.

97.570 Spouse has vested right ofinterment. (1) The spouse of an owner ofany plot containing more than one intermentspace has a vested right of interment of theremains of the spouse in the plot, and anyperson thereafter becoming the spouse of theowner has a vested right of interment of theremains of the person in the plot if morethan one interment space is unoccupied atthe time the person becomes the spouse ofthe owner.

(2) The purchase by a married person ofmore than one interment space shall createin the spouse a right of interment therein.

97.580 Divestiture of spouse’s right ofinterment. No conveyance or other actionof the owner without the written consent orjoinder of the spouse of the owner divests thespouse of the vested right of interment, ex-cept that a judgment of divorce betweenthem terminates the right unless otherwiseprovided in the judgment. [Amended by 2003 c.576§357]

97.590 Transfer of plot or right ofinterment. No transfer of any plot, hereto-fore or hereafter made, or any right ofinterment is complete or effective until re-



corded on the books of the cemetery author-ity.

97.600 Descent of plot. Upon the deathof the owner, unless the owner has disposedof the plot either by specific direction in thewill of the owner or by a written declarationfiled and recorded in the office of the ceme-tery authority, if no interment has beenmade in an interment plot which has beentransferred by deed or certificate of owner-ship to an individual owner or if all remainspreviously interred are lawfully removed, theplot descends to the heirs at law of theowner, subject to the rights of interment ofthe decedent and the surviving spouse of thedecedent.

97.610 Determining occupant of burialplot having co-owners. When there are twoor more owners of a burial plot or of rightsof interment therein, such owners may des-ignate one or more persons to designate theburials to be made in the plot and file writ-ten notice of such designation with the cem-etery association. In the absence of suchnotice or of written objection to its so doing,the cemetery association is not liable to anyowner for interring or permitting aninterment therein upon the request or direc-tion of any registered co-owner of the plot.

97.620 Death of co-owner; authori-zation to use plot under directions ofsurviving owners. An affidavit by any per-son having knowledge of the fact, settingforth the fact of the death of one owner andestablishing the identity of the survivingowners named in the deed to any plot, whenfiled with the cemetery authority operatingthe cemetery in which the plot is located, isauthorization to the cemetery authority topermit the use of the unoccupied portion ofthe plot in accordance with the directions ofthe surviving owners or their successors ininterest.

97.630 Family plots; order of occupa-tion. (1) Whenever an interment of the re-mains of a member or of a relative of amember of the family of the record owner,or of the remains of the record owner, ismade in a plot transferred by deed or certif-icate of ownership to an individual owner,and the owner dies without making disposi-tion of the plot, either by direction in theowner’s will, or by a written declaration filedand recorded in the office of the cemeteryauthority, the plot thereby becomesinalienable and shall be held as the familyplot of the owner, and occupied in the fol-lowing order:

(a) One grave, niche or crypt may beused for the owner’s interment; one for theowner’s surviving spouse, if there is one, whoby ORS 97.010 to 97.040, 97.110 to 97.450,

97.510 to 97.730, 97.810 to 97.920 and 97.990has a vested right of interment in it; and inthose remaining, if any, the children of thedeceased owner in order of death may beinterred without the consent of any personclaiming any interest in the plot.

(b) If no child survives, the right ofinterment goes in order of death to thespouse of any child of the record owner.

(2) Any surviving spouse, child or child’sspouse who has a right of interment in afamily plot may waive such right in favor ofany other relative or spouse of a relative ofeither the deceased owner or of the deceasedowner’s spouse, and upon such waiver theremains of the person in whose favor thewaiver is made may be interred in the plot.

(3) Notwithstanding subsection (1) of thissection, the personal representative of thedeceased owner of a family plot may sell un-occupied interment spaces in the plot asproperty of the estate of the deceased ownerwhen there are no existing rights ofinterment in those spaces or all existingrights of interment in those spaces have beenwaived and thereby terminated.

(4) Whenever a plot is transferred bydeed or certificate of ownership to an indi-vidual owner and the transfer is recorded onthe books of the cemetery authority, thecemetery authority shall provide to the indi-vidual owner a written statement, in a formapproved by the State Mortuary and Ceme-tery Board, containing a clear explanation ofthe provisions of subsections (1) and (2) ofthis section and of the rights of intermentestablished thereby. [Amended by 1985 c.652 §1]

97.640 Waiver or termination ofvested right of interment. A vested rightof interment may be waived and is termi-nated upon the interment elsewhere of theremains of the person in whom it is vested.

97.650 Limitations upon vested rightof interment. No vested right of intermentgives to any person the right to have the re-mains of the person interred in anyinterment space in which the remains of anydeceased person having equal or prior vestedright of interment have been interred; nordoes it give any person the right to have theremains of more than one deceased personinterred in a single interment space in vio-lation of the rules and regulations of thecemetery in which the interment space is lo-cated.

NONPROFIT CORPORATIONS97.660 Lands of cemetery or

crematory corporation; exemption fromexecution, taxation and condemnation. Anonprofit corporation organized and existingsolely for the purposes of either owning and



operating a cemetery or cremating deadbodies and burying and caring for incinerateremains, may purchase or take, by gift ordevise, and own and hold lands for the solepurpose of either a cemetery or a crematoryand burial place for incinerate remains. Suchlands shall be exempt from execution, andfrom any appropriation for public purposes,and lots or portions of such land and spacein any buildings thereon may be sold, if in-tended to be used exclusively for burial pur-poses, and in no wise with a view to theprofit of the members of such corporation.The land so held for cemetery purposes shallnot exceed 600 acres, but if the land alreadyheld for such purpose by the corporation isall practically used, the amount thereof maybe increased by adding thereto not more than20 acres at any one time. The land so heldfor the purposes of a crematory and theburial of incinerate remains shall not exceed30 acres, but if the land already held for suchpurposes by the corporation is all practicallyused, the amount thereof may be increasedby adding thereto not more than 10 acres atany one time. Lands held for the purposesdescribed in this section shall be exemptfrom taxation as provided in ORS 307.150.[Formerly 65.855]

Note: 97.660 to 97.680 were enacted into law by theLegislative Assembly but were not added to or made apart of ORS chapter 97 or any series therein by legis-lative action. See Preface to Oregon Revised Statutesfor further explanation.

97.665 Revenues; restrictions on usesof revenue. (1) A nonprofit corporation or-ganized or existing solely for the purposes ofeither owning and operating a cemetery orcremating dead bodies and burying and car-ing for incinerate remains may, by its by-laws, provide that a stated percentage of themoney received from the sale of lots andburial space, cremation of bodies, donations,gifts or other sources of revenue shall con-stitute an irreducible fund. Any bylaw en-acted for the creation of the irreducible fundcannot be amended to reduce the fund.

(2) The board of directors may direct theinvestment of the money in the irreduciblefund, but all investments of money depositedin the fund on or after January 1, 1972, shallbe in securities in classes and amounts ap-proved by the State Treasurer and publishedin a list pursuant to ORS 97.820. If a bankor trust company qualified to engage in thetrust business is directed by the board of di-rectors to invest the money in the irreduc-ible fund, the bank or trust company shallbe governed by ORS 130.750 to 130.775 andshall not be required to invest the moneyaccording to the list approved by the StateTreasurer. An officer of the corporation shallfile with the Director of the Department ofConsumer and Business Services on or before

April 15 of each year a verified statement induplicate containing the same informationpertaining to the irreducible fund as providedin ORS 97.810 (4) regarding endowment carefunds. The director may require the corpo-ration to file, as often as the director con-siders it to be necessary, a detailed report ofthe conditions and assets of the irreduciblefund.

(3) The interest or income arising fromthe irreducible fund provided for in this sec-tion or by any bylaws, or so much thereof asis necessary, shall be devoted exclusively tothe preservation and embellishment of thegrounds, buildings and property of the cor-poration and the lots and space in buildingsor grounds sold to the members of the cor-poration, or to the payment of the interestor principal of the debts authorized by sub-section (5) of this section for the purchaseof land, erecting buildings, and improve-ments. Any surplus thereof not needed orused for such purposes shall be invested asprovided in this section and shall becomepart of the irreducible fund.

(4) After paying for the land and theerection of the original buildings and im-provements thereon, all the future receiptsand income of the corporation subject to theprovisions in this section relating to the cre-ation of an irreducible fund, whether fromthe sale of lots and burial space, cremationof bodies, donations, gifts and other sources,shall be applied exclusively to laying out,preserving, protecting, embellishing andbeautifying the cemetery or the crematoryand grounds thereof, and the avenues leadingthereto, and to the erection of such buildingsand improvements as may be necessary orconvenient for cemetery or crematory pur-poses, and to pay the necessary expenses ofthe corporation.

(5) No debts shall be contracted by suchcorporation in anticipation of any future re-ceipts, except for originally purchasing thelands authorized to be purchased by it, layingout and embellishing the grounds and ave-nues, erecting buildings and vaults on suchland, and improving them for the purposesof the corporation. The corporation may is-sue bonds or notes for debts so contractedand may secure them by way of mortgageupon any of its lands, buildings, property andimprovements excepting lots or space con-veyed to the members. [Formerly 65.860]

Note: See note under 97.660.

97.670 Selling land unsuited forburials. If in the board of directors’ opinion,any portion of the lands of a nonprofit cor-poration organized and existing solely for thepurposes of either owning or operating acemetery or the cremation of dead bodies andthe burial and care of incinerate remains is



unsuitable for burial purposes or other pur-poses of the corporation, the board of direc-tors may sell such portion and apply theproceeds to the general purposes of suchcorporation in the same proportion and man-ner as provided by ORS 97.660 to 97.680.[Formerly 65.865]


97.675 Burial lots or space; use; ex-emption from taxation, execution andliens; lien for purchase price ofgravestone. Burial lots or space for burialof incinerate remains in buildings or groundssold by a nonprofit corporation organized andexisting solely for the purposes of eitherowning and operating a cemetery orcremating dead bodies and burying and car-ing for incinerate remains shall be for thesole purpose of interment or deposit andsafekeeping of incinerate remains. Such lotsor space shall be exempt from execution, at-tachment or other lien or process, if used asintended by the purchaser thereof from suchcorporation, or the assigns or representativesof the purchaser, exclusively for burial pur-poses, and in no wise with a view to profit.Such lots or space shall be exempt from tax-ation as provided in ORS 307.150. The vendorof any gravestone, however, shall not beprevented from having and enforcing a lienthereon for all or part of its purchase price.If a suit is brought to enforce such a lien,the judgment therein is enforceable thereaf-ter; and, for the purpose of enabling the liento be had and enforced, the gravestone shallbe deemed personal property and may besevered and removed, under execution andorder of sale, from the lot where it is situ-ated and may be sold in the same manner asany other personal property. [Formerly 65.870]


97.680 Recording plan; power to im-prove and regulate grounds. (1) As used inthis section, “plan” means a document indi-cating the placement of lots or burial spaces,and of the niches or inurnment spaces in thebuildings erected thereon, as established andauthorized by the cemetery authority.

(2) A nonprofit corporation organized andexisting solely for the purposes of owningand operating a cemetery or cremating deadbodies and burying and caring for incinerateremains shall cause a plan of its land andgrounds and of the lots laid out by it and ofthe niches or burial space in the buildingserected thereon to be made and recorded inthe county in which such grounds and landare located, such lots or spaces to be num-bered by regular consecutive numbers. Suchcorporation may enclose, improve, and adornthe grounds, buildings, and avenues, pre-scribe rules for the designation, improvementand adorning of lots and burial spaces and

for erecting monuments, and prohibit anyuse, division, improvement or adornment ofa lot or burial space which it may deem im-proper. [Formerly 65.875]


CEMETERY MANAGEMENT97.710 Power of cemetery authority to

make rules and regulations. (1) The ceme-tery authority may make and enforce rulesand regulations for:

(a) The use, care, control, management,restriction and protection of its cemetery;

(b) Restricting and limiting the use of allproperty within its cemetery;

(c) Regulating the uniformity, class andkind of all markers, monuments and otherstructures within its cemetery;

(d) Prohibiting the erection of monu-ments, markers or other structures in orupon any portion of its property;

(e) Regulating or preventing the erectionof monuments, effigies and structures withinany portion of the cemetery grounds and forthe removal thereof;

(f) Regulating the care or preventing theintroduction of plants or shrubs within suchgrounds;

(g) Preventing the interment in any partthereof of a body not entitled to intermenttherein;

(h) Preventing the use of burial plots forpurposes violative of its restrictions;

(i) Regulating the conduct of persons andpreventing improper assemblages therein;and

(j) All other purposes deemed necessaryby the cemetery authority for the properconduct of its business and the protectionand safeguarding of the premises and theprinciples, plans and ideals on which thecemetery was organized.

(2) The cemetery authority from time totime may amend, add to, revise, change ormodify such rules and regulations.

(3) Such rules and regulations shall beplainly printed or typewritten and main-tained, subject to inspection, in the office ofthe cemetery authority.

97.720 Record of interments andcremations; inspection. (1) The person incharge of any premises on which intermentsor cremations are made shall keep a recordof all remains interred or cremated on thepremises under the person’s charge, in eachcase stating the name of each deceased per-son, the date of interment or cremation, andthe name and address of the funeral servicepractitioner. The interment records shall beopen to inspection by survivors of the dece-



dent during the customary office hours of thecemetery authority.

(2) A record shall be kept of the owner-ship of all plots in the cemetery which havebeen conveyed by the cemetery authority andof all transfers of plots in the cemetery.

97.725 Disposal of unclaimed burialspaces; notice; form of notice; claims. (1)As used in this section, “unclaimed burialspace” means a burial space in a cemetery:

(a) That has not been used for purposesof interment for at least 75 years by the re-cord owner of the burial space or by a partyclaiming through the record owner of theburial space; and

(b) For which the cemetery authority hasno record of any verbal or written contactfor a period of at least 75 years with the re-cord owner of the burial space or with aparty claiming through the record owner ofthe burial space.

(2) Notwithstanding ORS 97.630 or 97.810to 97.920, a cemetery authority may disposeof unclaimed burial spaces as described insubsections (3) to (7) of this section.

(3) The cemetery authority shall preparean inventory describing the unclaimed burialspaces, including the purchase date and re-cord owner of each unclaimed burial spaceas shown in the records of the cemetery.

(4) The governing body of the cemeteryauthority shall adopt a predisposition resolu-tion approving the inventory prepared undersubsection (3) of this section and directingthe officers of the cemetery authority to dis-pose of the unclaimed burial spaces as pro-vided in this section.

(5) The cemetery authority shall:(a) Send, by certified mail, return receipt

requested, a notice containing a descriptionof the unclaimed burial space and the ad-dress and telephone number of the cemeteryauthority, in substantially the form set forthin subsection (10) of this section, to the last-known address of the record owner of eachunclaimed burial space described in the in-ventory and to the last-known address of anyother person who the cemetery authority hasreason to believe has an ownership or secu-rity interest in any of the unclaimed burialspaces described in the inventory.

(b) Post the notice for at least four weeksat the cemetery containing the unclaimedburial spaces in a place reasonably likely toprovide notice to owners of the burial spaces.

(c) Publish the notice in a newspaper ofgeneral circulation in the area of the ceme-tery authority for at least four successiveweeks.

(d) Provide notice by telephone and elec-tronic mail, if telephone or electronic mail

contact information is available, to the re-cord owner of each unclaimed burial spaceand to any other person who the cemeteryauthority has reason to believe has an own-ership or security interest in any of the un-claimed burial spaces.

(6) If, within 120 days after the date ofthe notice described in subsection (5) of thissection, a person makes a claim with thecemetery presenting documentation that theperson is the lawful owner or holds a secu-rity interest in an unclaimed burial spacedescribed in the inventory, the cemetery au-thority shall, during the 30 days followingthe expiration of the 120-day period describedin this subsection:

(a) Approve the claim and execute an in-strument transferring the right of intermentin the burial space to the claimant; or

(b) Notify the claimant that the cemeteryauthority denies the claim.

(7) If a cemetery authority denies a claimunder subsection (6) of this section, theclaimant may, within 30 days after the dateof the denial, file a petition seeking returnof the unclaimed burial space in the circuitcourt for the county in which the cemeteryauthority is located. If a petition is filed, thecemetery authority shall hold the unclaimedburial space until the court issues an orderdirecting disposition of the unclaimed burialspace. If the court grants the petition, thecemetery authority shall execute an instru-ment transferring the right of interment inthe burial space to the claimant.

(8) If, 120 days after the date of the no-tice described in subsection (5) of this sec-tion, no person has made a claim with thecemetery authority with regard to an un-claimed burial space described in the notice,or if the court denies with prejudice a peti-tion filed under subsection (7) of this section,the governing body of the cemetery authoritymay adopt a resolution declaring the un-claimed burial space to be abandoned. Uponadoption of the resolution, title to an aban-doned burial space passes to the cemeteryauthority free of any right, title, estate, lienor ownership interest held by any other per-son. The cemetery authority may transfergood and sufficient title to any subsequentpurchaser or transferee, and the title shallbe recognized by all courts and governmentalagencies. Any department, agency or officerof this state or any political subdivision ofthis state whose official functions include theissuance of certificates or other evidence oftitle is immune from civil or criminal liabil-ity when such issuance is pursuant to a billof sale issued by the cemetery authority un-der this section.

(9) If, within one year after adoption ofa resolution under subsection (8) of this sec-



tion, a person files a claim with the cemeteryauthority that presents proof satisfactory tothe cemetery authority that the person’sownership of or security interest in an aban-doned burial space was extinguished by theresolution, the cemetery authority shall pro-vide the claimant with a reasonably compa-rable burial space within 30 days after theclaimant makes the claim.

(10) The notice required by subsection (5)of this section must be in substantially thefollowing form:__________________________________________

(DATE)

(name of ceme-tery authority) has identified the followingunclaimed burial spaces in

(name of cemetery):

(Description of unclaimed burial spaces, in-cluding purchase date and record owner)

If you have any right, title, estate, lienor ownership interest in any of the un-claimed burial spaces described above, youmust file a claim with (name of cemeteryauthority) within 120 days of the date of thisnotice or you will lose your interest in theunclaimed burial spaces described above.__________________________________________

[2012 c.33 §2]

97.730 Gifts and bequests in trust forcemeteries. Gifts, grants and bequests ofpersonal property in trust for the purpose ofproviding perpetual care and maintenance,improvement or embellishment of privateburial lots in or outside of cemeteries and ofthe walks, fences, monuments, structures ortombs thereon, are permitted and shall bedeemed to be for perpetual and benevolentuses. They are not invalid by reason of anyindefiniteness or uncertainty of the personsdesignated as beneficiaries in the instrumentcreating the trust; nor are they invalid asviolating any existing laws againstperpetuities or suspension of the power ofalienation of title to property. But nothing inthis section affects any existing authority orcause to pass upon the reasonableness of theamount of such gift, grant or bequest. Anycemetery association may act as trustee ofand execute any such trust with respect tolots, walks, fences, monuments, structures ortombs, both within or outside its own ceme-tery limits, but within the county where suchcemetery association has its principal office

and place of business, whether such power isotherwise included in its corporate powersor not.

INDIAN GRAVES AND PROTECTED OBJECTS

97.740 Definitions for ORS 97.740 to97.760. For the purposes of ORS 97.740 to97.760:

(1) “Burial” has the meaning given thatterm in ORS 358.905.

(2) “Funerary object” has the meaninggiven that term in ORS 358.905.

(3) “Human remains” has the meaninggiven that term in ORS 358.905.

(4) “Indian tribe” means any tribe of In-dians recognized by the Secretary of the In-terior or listed in the Klamath TerminationAct, 25 U.S.C. 3564 et seq., or listed in theWestern Oregon Indian Termination Act, 25U.S.C. 3691 et seq., if the traditional culturalarea of the tribe includes Oregon lands.

(5) “Object of cultural patrimony” hasthe meaning given that term in ORS 358.905.

(6) “Professional archaeologist” means aperson who has extensive formal trainingand experience in systematic, scientific ar-chaeology.

(7) “Sacred object” has the meaninggiven that term in ORS 358.905. [1977 c.647 §1;1981 c.442 §3; 1985 c.198 §2; 1993 c.459 §9; 1997 c.249 §34]

97.745 Prohibited acts; application;notice. (1) Except as provided in ORS 97.750,no person shall willfully remove, mutilate,deface, injure or destroy any cairn, burial,human remains, funerary object, sacred ob-ject or object of cultural patrimony of anynative Indian. Persons disturbing native In-dian cairns or burials through inadvertence,including by construction, mining, logging oragricultural activity, shall at their own ex-pense reinter the human remains or funeraryobject under the supervision of the appropri-ate Indian tribe.

(2) Except as authorized by the appropri-ate Indian tribe, no person shall:

(a) Possess any native Indian artifacts,human remains or funerary object havingbeen taken from a native Indian cairn orburial in a manner other than that author-ized under ORS 97.750.

(b) Publicly display or exhibit any nativeIndian human remains, funerary object, sa-cred object or object of cultural patrimony.

(c) Sell any native Indian artifacts, hu-man remains or funerary object having beentaken from a native Indian cairn or burialor sell any sacred object or object of culturalpatrimony.

(3) This section does not apply to:



(a) The possession or sale of native In-dian artifacts discovered in or taken fromlocations other than native Indian cairns orburials; or

(b) Actions taken in the performance ofofficial law enforcement duties.

(4) Any discovered human remains sus-pected to be native Indian shall be reportedto the state police, the State Historic Pres-ervation Officer, the appropriate Indian tribeand the Commission on Indian Services. [1977c.647 §2; 1979 c.420 §1; 1981 c.442 §4; 1985 c.198 §1; 1993c.459 §10]

97.750 Permitted acts; notice. (1) Anyproposed excavation by a professional ar-chaeologist of a native Indian cairn or burialshall be initiated only after prior written no-tification to the State Historic PreservationOfficer and the state police, as defined inORS 358.905, and with the prior written con-sent of the appropriate Indian tribe in thevicinity of the intended action. Failure of atribe to respond to a request for permissionwithin 30 days of its mailing shall be deemedconsent. All associated material objects,funerary objects and human remains removedduring such an excavation shall be reinterredat the archaeologist’s expense under thesupervision of the Indian tribe.

(2) In order to determine the appropriateIndian tribe under this section and ORS97.745, a professional archaeologist or otherperson shall consult with the Commission onIndian Services which shall designate theappropriate tribe. [1977 c.647 §3; 1979 c.420 §2; 1981c.442 §5; 1993 c.459 §11]

97.760 Civil action by Indian tribe ormember; time for commencing action;venue; damages; attorney fees. (1) Apartfrom any criminal prosecution, an Indiantribe or enrolled member thereof shall havea civil action to secure an injunction, dam-ages or other appropriate relief against anyperson who is alleged to have violated ORS97.745. The action must be brought withintwo years of the discovery of the violationby the plaintiff. The action may be filed inthe circuit court of the county in which thesubject grave, cairn, remains or artifacts arelocated, or within which the defendant re-sides.

(2) Any conviction pursuant to ORS97.990 (5) shall be prima facie evidence of aviolation of ORS 97.745 in an action broughtunder this section.

(3) If the plaintiff prevails:(a) The court may grant injunctive or

such other equitable relief as is appropriate,including forfeiture of any artifacts or re-mains acquired or equipment used in the vi-olation. The court shall order the dispositionof any items forfeited as it sees fit, including

the reinterment of any human remains inaccordance with ORS 97.745 (1);

(b) The plaintiff shall recover imputeddamages in an amount not to exceed $10,000or actual damages, whichever is greater.Actual damages include special and generaldamages, which include damages for emo-tional distress;

(c) The plaintiff may recover punitivedamages upon proof that the violation waswillful. Punitive damages may be recoveredwithout proof of actual damages. All punitivedamages shall be paid by the defendant tothe Commission on Indian Services for thepurposes of Indian historic preservation; and

(d) An award of imputed or punitivedamages may be made only once for a par-ticular violation by a particular person, butshall not preclude the award of such dam-ages based on violations by other persons oron other violations.

(4) The court may award reasonable at-torney fees to the prevailing party in an ac-tion under this section. [1981 c.442 §2; 1995 c.543§1; 1995 c.618 §55]

97.770 [1995 c.457 §7; repealed by 1999 c.731 §14]97.771 [1995 c.457 §1; 1997 c.632 §1; repealed by 1999

c.731 §14]

OREGON COMMISSION ON HISTORIC CEMETERIES

97.772 Definition of “historic ceme-tery.” For purposes of ORS 97.772 to 97.784,“historic cemetery” means any burial placethat contains the remains of one or morepersons who died before February 14, 1909.[1999 c.731 §1; 2003 c.173 §1]


97.773 [1995 c.457 §3; repealed by 1999 c.731 §14]

97.774 Oregon Commission on HistoricCemeteries; terms. (1) There is establishedwithin the State Parks and Recreation De-partment the Oregon Commission on HistoricCemeteries consisting of seven members ap-pointed by the State Parks and RecreationDirector.

(2) The term of office of each member isfour years, but a member serves at thepleasure of the director. Before the expira-tion of the term of a member, the directorshall appoint a successor whose term beginson July 1 next following. A member is eligi-ble for reappointment. If there is a vacancyfor any cause, the director shall make anappointment to become immediately effectivefor the unexpired term.

(3) A member of the commission is enti-tled to compensation and expenses as pro-



vided in ORS 292.495. [1999 c.731 §2; 2003 c.173§2]

Note: See note under 97.772.97.775 [1995 c.457 §4; repealed by 1999 c.731 §14]

97.776 Commission members; nomi-nations. The members of the Oregon Com-mission on Historic Cemeteries must becitizens of this state who are well informedon the restoration and maintenance of his-toric cemeteries. The State Parks and Recre-ation Director shall select members fromnominations made by organizations of localhistoric cemeteries, organizations of non-profit cemeteries, the State Mortuary andCemetery Board and statewide cemetery as-sociations. The director shall try to appointindividuals to the commission who representor are knowledgeable concerning NativeAmerican burial places, rural cemeteries,family burial places and metropolitan ceme-teries. [1999 c.731 §4; 2003 c.173 §3]


97.778 Chairperson; quorum; meet-ings. (1) The Oregon Commission on HistoricCemeteries shall select one of its membersas chairperson and another as vice chairper-son for such terms and with duties and pow-ers necessary for the performance of thefunctions of such offices as the commissiondetermines.

(2) A majority of the members of thecommission constitutes a quorum for thetransaction of business.

(3) The commission shall meet at leastonce every three months at a place, day andhour determined by the commission. Thecommission also shall meet at other timesand places specified by the call of the chair-person or of a majority of the members of thecommission. [1999 c.731 §5; 2003 c.173 §4]


97.780 Duties. The Oregon Commissionon Historic Cemeteries shall:

(1) Maintain a listing of all historic cem-eteries in this state.

(2) Assist in coordination of restoration,renovation and maintenance of Oregon’s his-toric cemeteries.

(3) Make recommendations to the StateParks and Recreation Director for projectsand funding to help maintain and improveOregon’s historic cemeteries.

(4) Obtain grant funding and seek legis-lative appropriations for individual historiccemeteries and groups of historic cemeteries.

(5) Make recommendations to the Legis-lative Assembly for changes in law that will

help protect historic cemeteries as part ofOregon’s heritage.

(6) Assist the director in locating andlisting historic cemeteries.

(7) Assist cemeteries listed as historiccemeteries with the commission to rehabili-tate and maintain those cemeteries and topromote public education relating to historiccemeteries.

(8) Establish a process to obtain advicefrom authorities on the subject of the careof old grave markers and graveyards as partof any restoration process. [1999 c.731 §6; 2003c.173 §5]


97.782 Listing of historic cemeteries;form. A historic cemetery that is not an op-erating cemetery, as defined in ORS 692.010,shall be listed with the Oregon Commissionon Historic Cemeteries. An owner or anyother person or association of individualsthat maintains such a historic cemetery shalllist the historic cemetery with the OregonCommission on Historic Cemeteries on aform provided by the commission. No feeshall be required from a historic cemeteryfor listing. [1999 c.731 §7; 2003 c.173 §6]


97.784 Executive secretary; supportservices. The State Parks and RecreationDepartment shall provide support services tothe Oregon Commission on Historic Ceme-teries. One staff person of the departmentshall be the executive secretary of the com-mission. [1999 c.731 §8; 2003 c.173 §7]


CEMETERY CARE97.810 Endowment care and nonen-

dowed care cemeteries. (1) As used in ORS97.810 to 97.920:

(a) “Endowment care cemetery” means acemetery that maintains an endowment carefund placed in an irrevocable trust fund.

(b) “Grave liner” means a burial recepta-cle designed to be installed in a grave, asdefined in ORS 97.010, to assist in preventingthe ground from collapsing.

(2) An endowment care cemetery shalldeposit with the trustee or custodian of itsendowment care fund the following amountsreceived from the sale of plots, niches, cryptsor private mausoleums:

(a) At least 15 percent of the gross salesprice with a minimum of $5 for each gravesold without a grave liner installed at thetime of sale or, when the gross sales price ispaid in installments, at least 15 percent ofeach installment until at least 15 percent ofthe gross sales price has been deposited, with



a minimum of $5 for each grave sold withouta grave liner installed at the time of sale.

(b) At least nine percent of the grosssales price for each grave sold with a graveliner installed at the time of sale or, whenthe gross sales price is paid in installments,at least nine percent of each installment un-til at least nine percent of the gross salesprice has been deposited.

(c) At least five percent of the gross salesprice for each niche or, when the gross salesprice is paid in installments, at least fivepercent of each installment until at least fivepercent of the gross sales price has been de-posited.

(d) At least five percent of the gross salesprice for each crypt or, when the gross salesprice is paid in installments, at least fivepercent of each installment until at least fivepercent of the gross sales price has been de-posited.

(e) At least five percent of the gross salesprice for each private mausoleum or, whenthe gross sales price is paid in installments,at least five percent of each installment untilat least five percent of the gross sales pricehas been deposited.

(3) The cemetery authority shall, within30 days from the receipt of a payment, de-posit with the trustee or custodian of its en-dowment care fund any payment received bythe cemetery authority that is:

(a) Required by subsection (2) of thissection to be paid into the fund; or

(b) A payment for special care, gifts,grants, contributions, devises or bequestsmade with respect to the separate or specialcare of a particular plot, grave, niche, crypt,mausoleum, monument or marker or that ofa particular family.

(4) Within 75 days of the end of its fiscalyear, each endowment care cemetery, exceptone owned by a city or a county, shall filewith the Director of the Department of Con-sumer and Business Services a statementcontaining the following information pertain-ing to the endowment care fund:

(a) The total amount invested in bonds,securities, mortgages and other investments;

(b) The total amount of cash on hand notinvested at the close of the previous calendaror fiscal year;

(c) The income earned by investments inthe preceding calendar or fiscal year;

(d) The amounts of such income expendedfor maintenance in the preceding calendar orfiscal year;

(e) The amount paid into the fund in thepreceding calendar or fiscal year; and

(f) Such other items as the director mayfrom time to time require to show accuratelythe complete financial condition of the truston the date of the statement.

(5) All of the information appearing onthe statement must be verified by an owneror officer of the cemetery authority, and thecemetery authority shall maintain a copy ofthe statement in the business office of thecemetery authority.

(6) The director may require, as often asthe director deems necessary, the cemeteryauthority to make under oath a detailed re-port of the condition and assets of any cem-etery endowment care fund.

(7) At the time of the filing of the state-ments of its endowment care fund each cem-etery authority shall pay to the director anannual fee as follows:

(a) Up to 100 interments per year, $40.(b) Over 100 interments per year, $100.(8) All fees received by the director un-

der this section shall be immediately turnedover to the State Treasurer who shall depositthe moneys in the Consumer and BusinessServices Fund created under ORS 705.145.

(9) A cemetery may not operate as anendowment care, permanent maintenance orfree care cemetery until the provisions ofthis section are complied with.

(10) The head of all contracts and certif-icates of ownership or deeds referring toplots in an endowment care cemetery mustcontain the following statement: “This ceme-tery is an endowment care cemetery,” in atleast 10-point black type.

(11) All contracts and certificates ofownership or deeds referring to plots in anendowment care cemetery must contain thefollowing statement: “Endowment caremeans the general care and maintenance ofall developed portions of the cemetery andmemorials erected thereon.”

(12) A cemetery that otherwise complieswith this section may be designated an en-dowment care cemetery even though it con-tains a small area that may be sold withoutendowed care, if it is separately set off fromthe remainder of the cemetery. The head ofall contracts and certificates of ownership ordeeds referring to plots in this area mustcontain the phrase “nonendowed care” in atleast 10-point black type.

(13) A nonendowed care cemetery is acemetery that does not deposit in an endow-ment care fund the minimum amounts speci-fied in subsection (2) of this section.

(14) A cemetery authority may not in anyway advertise or represent that it operateswholly or partially as an endowment carecemetery, or otherwise advertise or represent



that it provides general care or maintenanceof all or portions of the cemetery or memo-rials erected thereon, unless the provisionsof this section are complied with. [Amended by1955 c.545 §2; 1965 c.396 §4; 1967 c.213 §1; 1987 c.295 §1;1995 c.144 §4; 1999 c.66 §1; 2001 c.796 §23; 2007 c.661 §5;2011 c.163 §1; 2019 c.8 §6]

97.813 Standards of care for and pub-lic access to endowment care cemeteries;rules. The Department of Consumer andBusiness Services, in collaboration with theState Mortuary and Cemetery Board, shalladopt rules relating to:

(1) Minimum standards of care for themaintenance and operation of endowmentcare cemeteries; and

(2) The ability of the public to access thepremises of endowment care cemeteries. [2019c.8 §4]

Note: 97.813 was added to and made a part of97.810 to 97.920 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

97.820 Placing cemetery under en-dowed care; deposit; commingling endow-ment and special care funds; trustee orcustodian of fund. (1) Every cemetery au-thority that operates a cemetery may placeits cemetery under endowed care and estab-lish, maintain and operate an endowmentcare fund. All endowed care funds shall bedeposited with and held solely by the trusteeor custodian appointed by the cemetery au-thority.

(2) Endowment care and special carefunds may be commingled for investment andthe income therefrom shall be divided be-tween the endowment care and special carefunds in the proportion that each fund con-tributed to the principal sum invested. Theincome of the endowment care fund may beused only to finance the care of the ceme-tery.

(3) The cemetery authority shall appointas sole trustee of the endowment care funda trust company as defined in ORS 706.008that is authorized to transact trust businessin this state, or an insured institution as de-fined in ORS 706.008 that is authorized toaccept deposits in this state. Such trustcompany or insured institution shall receiveand accept the fund, including any accumu-lated endowment care fund in existence atthe time of its appointment and perform suchduties as are agreed upon in the agreementbetween it and the cemetery authority. Aninsured institution not qualified to transacttrust business in this state may act ascustodian of such endowment care fund pro-vided:

(a) The duties of the insured institutionare essentially custodial or ministerial innature; and

(b) The insured institution invests thefunds from such plan only in its own time orsavings deposits.

(4) The trustee or custodian may resignupon written notice to the cemetery author-ity or the cemetery authority may removethe trustee or custodian by written notice toit. In case of the resignation or removal ofthe trustee or custodian, the cemetery au-thority forthwith shall appoint a successortrustee or custodian and provide for the di-rect transfer of all endowed care funds andearnings thereon from the former trustee orcustodian to the successor trustee or custo-dian. [Amended by 1955 c.545 §3; 1965 c.396 §5; 1985c.450 §1; 1987 c.295 §2; 1993 c.18 §19; 1993 c.229 §22; 1993c.318 §11; 1997 c.167 §2; 1997 c.631 §395; 2007 c.661 §6]

97.823 Prohibitions related to endow-ment care cemeteries. A person may not,in connection with operating an endowmentcare cemetery:

(1) Employ any device, scheme or artificeto defraud;

(2) Knowingly make any untrue state-ment of a material fact or omit stating amaterial fact necessary in order to make thestatements made, in light of the circum-stances under which the statements aremade, not misleading;

(3) Engage in an act, practice or courseof business that operates or would operateas a fraud or deceit upon any person; or

(4) Make or file, or cause to be made orfiled, to or with the Director of the Depart-ment of Consumer and Business Services, astatement, report or document that is knownto be false in any material respect or matter.[2019 c.8 §5]


97.825 Suits to enforce endowed carestatutes; attorney fees. (1)(a) If the ceme-tery authority fails to remit to the trustee ortrustees, in accordance with the law, thefunds herein provided for endowment andspecial care, or fails to expend the net in-come from the funds and generally care forand maintain any portion of a cemetery en-titled to endowment care, any of the follow-ing may bring an action for a mandatoryinjunction or for an appointment of a re-ceiver to sue for, take charge of and expendthe net income:

(A) Any three lot owners, or a lotowner’s next of kin, heir or personal repre-sentative whose lots are entitled to endow-ment care;

(B) Any one lot owner, or the lot owner’snext of kin, heir or personal representative,whose lot is entitled to special care;



(C) The district attorney of the countywhere a lot described in this subsection islocated; or

(D) A local government with jurisdictionover the county or municipality where a lotdescribed in this subsection is located.

(b) The suit may be filed in the circuitcourt of the county where the cemetery islocated in order to compel the cemetery au-thority or the appointed receiver to make theexpenditure of the net income from the en-dowment care fund for the purposes set outin ORS 97.010 to 97.040, 97.110 to 97.450,97.510 to 97.730, 97.810 to 97.920 and 97.990.

(2) When the Director of the Departmentof Consumer and Business Services has rea-son to believe that a cemetery endowmentcare fund does not conform to the require-ment of law, or when the director has reasonto believe that any cemetery is operating inviolation of ORS 97.810 or 97.820, or whenthe director has sent an endowment carecemetery a notice of delinquency to makeany report to the director required by ORS97.810, the director shall, as soon thereafteras reasonable, give notice of the foregoing tothe trustee or trustees of the cemetery en-dowment care fund, the cemetery authority,the Attorney General of Oregon and theState Mortuary and Cemetery Board.

(3) Within 120 days after the receipt ofsuch notice, the Attorney General shall in-stitute suit in the circuit court of any countyof this state in which such cemetery is lo-cated, for a mandatory injunction againstfurther sales of graves, plots, crypts, niches,burial vaults, markers or other cemeterymerchandise by such cemetery or for the ap-pointment of a receiver to take charge of thecemetery, unless the Attorney General shallprior to that time be notified by the directorthat such failure to conform to the require-ments of the law or to report has been cor-rected.

(4) The Attorney General may delay in-stituting any suit brought under subsection(3) of this section for no more than an addi-tional 30 days if, in the discretion of the At-torney General after consulting with thedirector, it appears to the Attorney General:

(a) That the failure to conform to the re-quirements of the law or to report will becorrected; and

(b) That no harm to the public will occurduring the additional 30 days.

(5) If a trustee fails to perform the dutiesof the trustee under ORS 97.810 to 97.920,the trustee shall be liable for any damageresulting from that failure to any lot ownersor the next of kin, heirs at law or personalrepresentatives of such lot owners.

(6) The court may award reasonable at-torney fees, costs and disbursements to theprevailing party in an action under this sec-tion. [1955 c.545 §5; 1965 c.396 §6; 1985 c.450 §2; 1999c.67 §1; 2001 c.796 §24; 2007 c.661 §7; 2019 c.8 §7]

97.830 Investment and reinvestmentof principal of endowed care funds; useand application of income. (1) The princi-pal of all funds for endowed care shall beinvested, from time to time reinvested andkept invested. If a trust agreement imposesupon the trustee or custodian the duty to di-rect the investment or reinvestment of en-dowed care funds, the trustee or custodianshall perform this duty governed by ORS130.750 to 130.775. Otherwise, the cemeteryauthority, governed by ORS 130.750 to130.775, shall direct the investment and rein-vestment of endowed care funds in the timeor savings deposits of the custodian bank orsavings association.

(2) The principal of invested endowedcare funds shall never be voluntarily re-duced, but shall be maintained separate anddistinct by the trustee or custodian from allother funds except that it shall be proper tocommingle endowment care funds with spe-cial care funds. The payment of chargeschargeable against principal under ORSchapter 129 or of other expenses necessarilyincurred in the administration of the trust inaccordance with subsection (1) of this sectionshall not constitute a voluntary reduction ofprincipal. The net income earned shall beused solely for the general care and mainte-nance of the cemetery property entitled toendowment care, as stipulated in the resolu-tion, bylaw and other action or instrumentby which the fund was established, and insuch manner as the cemetery authority mayfrom time to time determine to be in the bestinterests of such endowed property. Suchnet income shall never be used for the im-provement or embellishment of undevelopedproperty offered for sale. [Amended by 1955 c.545§4; 1985 c.450 §3; 1987 c.295 §3; 1995 c.157 §24; 1995 c.297§1; 2003 c.279 §32; 2005 c.348 §125]

97.835 Limitation of duties and liabil-ity of trustee. The trustee shall have noduty whatsoever to operate, maintain or tosupervise the general maintenance of anyendowment fund cemetery, and the trusteeshall have no duty whatsoever to enforcecollection of any of the trust funds eitherfrom the purchasers of lots, or from thecemetery authority, and the trustee shallhave no duty whatsoever to see to the appli-cation of the net income after payment of thenet income to the cemetery authority. Thetrustee shall be entitled to rely without li-ability upon the affidavit of the cemeteryauthority showing the amount payable to thetrustee as endowment care funds. [1955 c.545§6]



97.840 Cemetery authority authorizedto receive and hold gifts of property; dis-position of gifts. A cemetery authoritywhich has established an endowment carefund may take, receive and hold any prop-erty, real, personal or mixed, bequeathed,devised, granted, given or otherwise contrib-uted to it for its endowment care fund.Within 30 days of the receipt of such con-tributions, the cemetery authority shall de-posit, with the trustee or custodian of thefund to which the property was contributed,all moneys and all documents or instrumentsof title or conveyance evidencing the con-tribution. As soon as practicable, the ceme-tery authority shall provide for the sale ofall property for fair market value and, within30 days of the receipt of the proceeds thereof,shall deposit the proceeds with the trusteeor custodian. The trustee or custodian shallexecute all documents necessary to effect thesale, consistent with the purposes of thissection. [Amended by 1987 c.295 §4]

97.843 Endowment and special carefunds are charitable. The endowment andspecial care funds and all payments or con-tributions to them are expressly permitted asand for charitable and eleemosynary pur-poses. Endowment care is a provision for thedischarge of a duty from the persons con-tributing to the persons interred and to beinterred in the cemetery and a provision forthe benefit and protection of the public bypreserving and keeping cemeteries from be-coming unkempt and places of reproach anddesolation in the communities in which theyare situated. [Formerly 97.850]

97.846 Agreements for care. (1) Uponpayment of the purchase price, including theamount fixed as a proportionate contributionfor endowed care, there may be included inthe deed of conveyance, or by separate in-strument, an agreement to care, in accor-dance with the plan adopted, for thecemetery and its appurtenances to the pro-portionate extent the income received by thecemetery authority from the contributionpermits.

(2) Upon the application of an owner ofany plot, and upon the payment by the ownerof the amount fixed as a reasonable and pro-portionate contribution for endowed care, acemetery authority may enter into an agree-ment with the owner for the care of the plotof the owner and its appurtenances. [Formerly97.860]

97.849 Authority of Department ofConsumer and Business Services to takeaction regarding endowment care ceme-tery. (1) The Department of Consumer andBusiness Services may, if a cemetery author-ity responsible for an endowment care ceme-

tery violates a provision of ORS 97.810 to97.920 with respect to the endowment carecemetery:

(a) Issue an emergency order to suspendor restrict the operations of an endowmentcare cemetery; or

(b) Take other action deemed necessaryby the Director of the Department of Con-sumer and Business Services.

(2) After taking an action described insubsection (1) of this section, the directorshall promptly provide opportunity for ahearing pursuant to ORS chapter 183.

(3) An emergency order is:(a) Effective upon issuance;(b) Reviewable as provided in ORS

183.480; and(c) Enforceable in the courts of this

state. [2019 c.8 §2]Note: 97.849 was added to and made a part of

97.810 to 97.920 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

97.850 [Renumbered 97.843 in 2019]

97.852 Receivership of endowmentcare cemetery. (1) The following may peti-tion the circuit courts of this state for anappointment of receiver for an endowmentcare cemetery:

(a) The Department of Consumer andBusiness Services;

(b) The district attorney of the countywhere the endowment care cemetery is lo-cated; or

(c) A local government with jurisdictionover the county or municipality where theendowment care cemetery is located.

(2) If a court determines that a receiver-ship is necessary or advisable, the court shallappoint a receiver:

(a) To ensure the orderly and properconduct of an endowment care cemetery’sprofessional business and affairs during orafter an administrative proceeding;

(b) To protect the public’s interest andrights in the business, premises or activitiesof the endowment care cemetery;

(c) Upon a showing of serious and re-peated violations of ORS 97.810 to 97.920demonstrating an inability or unwillingnessto comply with the provisions of ORS 97.810to 97.920;

(d) To prevent loss, wasting, dissipation,theft or conversion of assets that should bemarshaled and held available for the honor-ing of obligations under ORS 97.810 to97.920; or

(e) When the court receives proof ofother grounds that the court deems good and



sufficient for instituting receivership actionconcerning the endowment care cemetery.

(3)(a) A receivership under this sectionmay be temporary or for the winding up anddissolution of a business, as the petitionermay request and as the court determines tobe necessary or advisable in the circum-stances.

(b) Venue of receivership proceedingsshall be in the county where the endowmentcare cemetery is located. The receiver shallbe the petitioner or a person nominated bythe petitioner and approved by the court.[2019 c.8 §3]


97.860 [Renumbered 97.846 in 2019]

97.865 Application of ORS 97.810 to97.865 to religious, county and city ceme-teries. (1) A cemetery authority that oper-ates a cemetery for any religious oreleemosynary corporation, church, religioussociety or denomination, corporation sole ad-ministering temporalities of any church orreligious society or denomination and anycounty or city may make an irrevocableelection to have ORS 97.810 to 97.865 applyto any cemetery controlled or operated bythe cemetery authority, county or city byfiling a written statement indicating suchaction with the Director of the Departmentof Consumer and Business Services. Thestatement shall be in the form prescribed bythe director and shall contain the informa-tion specified by the director.

(2)(a) When a cemetery authority, countyor city files a statement described in thissection with the director, ORS 97.810 to97.865 applies to a cemetery controlled oroperated by the cemetery authority, countyor city beginning on the first day of the fis-cal year next following the filing of thestatement.

(b) ORS 294.035 does not apply to fundsheld by a county or city under ORS 97.810 to97.865. [1997 c.167 §4; 2001 c.796 §25; 2007 c.661 §8]

97.870 Unused and uncared for por-tions of cemetery declared common nui-sances. (1) In all cases where a cemeteryauthority has owned a site for a cemetery formore than 40 years and has during that pe-riod sold lots, subdivisions of lots, pieces orparcels of the cemetery for burial purposesand the grantee or party claiming throughthe grantee has not used portions of suchlots, subdivisions of lots, pieces or parcels ofthe cemetery for purposes of burial and hasnot kept them free of weeds or brush, buthas allowed them to remain entirely unusedfor more than 40 years or uncared for and

unused for more than 20 years prior to theadoption of the resolution provided for inORS 97.880, and such lots, subdivisions oflots, pieces and parcels of the cemetery areadjacent to improved parts thereof, and byreason of their uncared-for condition detractfrom the appearance of the cemetery and in-terfere with the harmonious improvementthereof, and furnish a place for the propa-gation of weeds and brush, thereby becominga menace to adjacent property, such lots,subdivisions of lots, pieces and parcels ofsuch cemetery, which are unused and un-cared for as aforesaid, hereby are declared tobe a common nuisance and contrary to publicpolicy.

(2) The provisions of this section are notapplicable to portions of cemeteries whichhave been or are sold with agreements be-tween the cemetery authority or its succes-sor in interest, or both, and the granteeproviding for endowment care, permanentmaintenance or free care. [Amended by 1965 c.396§7; 2007 c.661 §9]

97.880 Resolution declaring a nui-sance. The governing board of a cemeteryauthority described in ORS 97.870 may adopta resolution declaring such unused and un-improved portion of its cemetery as is de-scribed in ORS 97.870 a common nuisanceand an abandoned and unused portion ofsuch cemetery, and may direct its officers tofile the complaint described in ORS 97.890.[Amended by 1983 c.740 §9]

97.890 Complaint. (1) Upon the adoptionof the resolution described in ORS 97.880 theofficers of the cemetery authority may file acomplaint in the circuit court for the countyin which the cemetery is located against theowners, holders or parties interested in suchabandoned portion of its cemetery demandingthat the court require such owners, holdersor interested parties to keep the premisesclear of weeds and brush and in condition inharmony with other lots and, if the owners,holders, or interested parties fail to appearin court and comply with the order of thecourt, demanding that the court make ajudgment declaring such portions of thecemetery a common nuisance, directing thegoverning board to abate the nuisance byclearing the premises and keeping them clearof weeds and brush, creating a lien uponsuch lots and parcels in favor of the ceme-tery authority, providing that the lien beforeclosed and the lots and parcels be sold inthe same manner as other sales upon exe-cution are made and authorizing the govern-ing board to become a purchaser thereof onbehalf of the cemetery authority.

(2) In such suit any number of owners ofdifferent lots, subdivisions of lots, pieces or



parcels of the cemetery may be included inthe one suit.

(3) It is a sufficient designation of theproperty so abandoned and unimproved togive the lot number or portion thereof, or adescription of the piece or parcel having nolot number, together with the name of theowner thereof, as appears on the record ofthe cemetery authority.

(4) In addition to the names of the per-sons that appear on the records of the ceme-tery authority as the record owners of suchunused and unimproved portions of the cem-etery, the plaintiff shall include as a defend-ant in a complaint the following: “Also allother persons unknown claiming any right,title, estate, lien or interest in the unusedand unimproved portions of the cemetery de-scribed in the complaint.” [Amended by 2003 c.576§358; 2007 c.661 §10]

97.900 Summons. (1) Summons shall beserved upon all owners or holders who areresidents of this state in like manner as inservice of summons in a civil action if suchowners and holders are known to the sheriffin the county in which the cemetery is lo-cated. If the defendants are not known to thesheriff, it is sufficient to serve the ownersand holders whose names appear on the taxrolls of the county for the year previous tothat in which the suit is started. Theplaintiff is not required to mail a copy of thesummons or complaint to nonresident de-fendants.

(2) All owners and holders of such unim-proved lots whose names do not appear onthe tax rolls as aforesaid as shown by thereturn of the sheriff may be served by publi-cation in any legal newspaper published inthe county in which the cemetery is locatedfor four consecutive weeks upon return ofthe sheriff that such owners and holders arenot known and cannot be served in the ju-risdiction of the sheriff.

(3) The published summons shall containthe names of the record owners, as shown bythe records of the cemetery authority, and“also all other persons unknown claimingany right, title, estate, lien or interest in theunused and unimproved portions of the cem-etery described in the complaint,” togetherwith a brief description of the lot, or subdi-visions of lots, pieces or parcels of the cem-etery and a statement setting forth the orderand judgment described in ORS 97.890 (1) forwhich the plaintiff has applied to the courtin the complaint. Such summons shall re-quire all parties defendant to appear andshow cause why an order should not be madedeclaring the unused and unimproved por-tions of the cemeteries to be a common nui-sance, directing the cemetery authority toabate the nuisance, creating a lien thereon,

providing that it be foreclosed and directingthat the unused and unimproved portion ofthe cemetery be sold within four weeks fromand after the date of the first publicationthereof. [Amended by 2003 c.576 §359; 2007 c.661 §11]

97.910 Disuse as prima facie evidenceof abandonment. In all cases arising underORS 97.870 to 97.900, the fact that theowner, holder or interested party, of the un-used and unimproved portion of the cemeteryhas not, for a term of 20 years or more, usedthe plot and has failed to keep it clear ofweeds or brush is prima facie evidence thatthe owner, holder or interested party hasabandoned it.

97.920 Judgment declaring nuisance,authorizing abatement and creating andforeclosing lien. Upon the failure of theowner of the premises to comply with theorder of the court requiring proper care ofthe premises or upon the failure of any of thedefendants to appear and answer the com-plaint or upon the trial of the cause, if thecourt finds that the allegations of the com-plaint are supported by the evidence and thatthe summons has been served as provided inORS 97.900, the court may enter a judgmentin accordance with the allegations of thecomplaint and the provisions of ORS 97.890(1). [Amended by 2003 c.576 §360]

PREARRANGEMENT SALES ANDPRECONSTRUCTION SALES

97.923 Definitions for ORS 97.923 to97.949. As used in ORS 97.923 to 97.949 and97.994 unless the context requires otherwise:

(1) “Beneficiary” means the person whois to receive the funeral and cemetery mer-chandise, funeral and cemetery services orcompleted interment spaces.

(2) “Certified provider” means an entitycertified under ORS 97.933 to:

(a) Sell or offer for sale prearrangementsales contracts or preconstruction sales con-tracts;

(b) Administer prearrangement sales con-tracts or preconstruction sales contracts; or

(c) Provide merchandise or services tofulfill prearrangement sales contracts or pre-construction sales contracts.

(3) “Delivery” occurs when:(a) Physical possession of the funeral or

cemetery merchandise is transferred to thepurchaser; or

(b) If authorized by a purchaser under apurchase agreement:

(A) The title to the funeral or cemeterymerchandise has been transferred to thepurchaser, has been paid for, and is in thepossession of the seller, who has documented



the sale in the purchaser’s records throughuse of a serial or other identifying numberand placed the merchandise, until needed, forstorage on the seller’s premises; or

(B) The merchandise has been identifiedfor the purchaser or the beneficiary as docu-mented by the manufacturer’s receipt placedby the seller in the purchaser’s records andheld by the manufacturer for future delivery.

(4) “Depository” means a financial insti-tution or trust company, as those terms aredefined in ORS 706.008, that is authorized toaccept deposits in this state or to transacttrust business in this state and is not regis-tered as a master trustee.

(5) “Guaranteed contract” means a writ-ten preconstruction sales contract or prear-rangement sales contract that guarantees thebeneficiary the specific undeveloped space orspaces or funeral and cemetery merchandiseor funeral and cemetery services containedin the contract and under which no chargesother than the sales price contained in thecontract are required upon delivery or per-formance of the funeral or cemetery mer-chandise or services, if:

(a) Required payments have been madeas specified in the contract; and

(b) The balance of payment required bythe contract is paid before the death of thebeneficiary.

(6) “Joint trust fund account” meanstrust funds received by a certified providerfrom two or more beneficiaries.

(7)(a) “Master trustee” means an entitythat is not a certified provider under ORS97.923 to 97.949 and that has fiduciary re-sponsibility for the uniform administrationof funds including, but not limited to, ac-ceptance, custodianship, investment and ac-counting, delivered to it by a certifiedprovider for the benefit of purchasers of pre-construction sales contracts or prearrange-ment sales contracts.

(b) “Master trustee” does not include afinancial institution, as defined in ORS706.008, that acts solely as a depository un-der ORS 97.923 to 97.949.

(8) “Nonguaranteed contract” means awritten preconstruction sales contract orprearrangement sales contract that guaran-tees the beneficiary the specific undevelopedspace or spaces or funeral or cemetery mer-chandise or services contained in the con-tract, when the price of the merchandise andservices selected has not been fixed and willbe determined by existing prices at the timethe merchandise and services are deliveredor provided.

(9) “Prearrangement sales” or “prear-rangement sales contract” means any sale,

excluding the sale and contemporaneous orsubsequent assignment of a life insurancepolicy or an annuity contract, made to apurchaser, that has as its purpose the fur-nishing of funeral or cemetery merchandiseor services in connection with the final dis-position or commemoration of the memory ofa dead human body, for use at a time deter-minable by the death of the person or per-sons whose body or bodies are to be disposedand where the sale terms require payment orpayments to be made at a currently determi-nable time.

(10) “Preconstruction sale” or “precon-struction sales contract” means a sale madeto a purchaser, for the purpose of furnishingundeveloped interment spaces and when thesale terms require payment or payments tobe made at a currently determinable time.

(11) “Purchaser” means a beneficiary ora person acting on behalf of a beneficiarywho enters into a prearrangement sales con-tract or a preconstruction sales contractwith a certified provider under which anypayment or payments made under the con-tract are required to be deposited in trustunder ORS 97.941.

(12) “Salesperson” means an individualregistered under ORS 97.931 and employedby a certified provider to engage in the saleof prearrangement or preconstruction salescontracts on behalf of the certified provider.

(13) “Sales price” means the grossamount paid by a purchaser for a prear-rangement sales contract or preconstructionsales contract, excluding sales taxes, creditlife insurance premiums and finance charges.

(14) “Trust” means an express trust cre-ated under ORS 97.941 whereby a trustee hasthe duty to administer the amounts specifiedunder ORS 97.941 received under a prear-rangement sales contract or a preconstruc-tion sales contract for the benefit of thepurchaser of a prearrangement sales contractor preconstruction sales contract.

(15) “Undeveloped interment spaces” or“undeveloped spaces” means any space to beused for the reception of human remains thatis not completely constructed or developedat the time of initial payment. [Formerly128.400; 2003 c.362 §1; 2007 c.661 §12; 2012 c.7 §1]


97.925 Purpose. It is the purpose of ORS97.923 to 97.949, 97.992, 97.994 and 692.180 toensure funds for performance to purchaserswho contract through prearrangement salescontracts for the purchase of funeral orcemetery merchandise or services, andthrough preconstruction sales contracts for



undeveloped interment spaces. It is also thepurpose of ORS 97.923 to 97.949, 97.992,97.994 and 692.180 to provide for the certi-fication or registration of entities selling, of-fering for sale, administering or providingmerchandise or services to fulfill prear-rangement sales contracts and preconstruc-tion sales contracts, the creation andadministration of prearrangement sales con-tract and preconstruction sales contracttrust funds, the disbursement and allocationof trust funds upon the certified provider’sperformance of its contractual obligationsand the protection for the purchaser uponthe certified provider’s default. [Formerly128.405; 2007 c.661 §13; 2012 c.7 §2]


97.926 Rulemaking authority. The Di-rector of the Department of Consumer andBusiness Services may adopt rules that arenecessary or appropriate to:

(1) Protect purchasers of prearrangementsales contracts and preconstruction salescontracts and the public; and

(2) Administer ORS 97.923 to 97.949. [2007c.661 §25]


97.927 Applicability of ORS 97.923 to97.949. (1) ORS 97.923 to 97.949, 97.992,97.994 and 692.180 do not apply to a nonprofitmemorial society charging less than a $100membership fee.

(2) Notwithstanding subsection (1) of thissection, ORS 97.937 applies to a nonprofitmemorial society charging less than a $100membership fee. [Formerly 128.407; 2003 c.362 §2;2007 c.661 §14; 2012 c.7 §3]


97.928 Prohibitions. A person may not,in connection with performing certified pro-vider activities, providing services as a mas-ter trustee or providing related services:

(1) Employ any device, scheme or artificeto defraud;

(2) Knowingly make any untrue state-ment of a material fact or omit stating amaterial fact necessary in order to make thestatements made, in the light of the circum-stances under which the statements aremade, not misleading;

(3) Engage in any act, practice or courseof business that operates or would operateas a fraud or deceit upon any person; or

(4) Make or file, or cause to be made orfiled, to or with the Director of the Depart-ment of Consumer and Business Services anystatement, report or document that is knownto be false in any material respect or matter.[2012 c.7 §13; 2019 c.8 §8]


97.929 Exceptions to ORS 97.923 to97.949. (1) The provisions of ORS 97.923 to97.949, 97.992, 97.994 and 692.180 do not ap-ply to:

(a) Agreements to sell or sales of graves,crypts or niches where such graves, cryptsor niches are in existence at the time of thesale or agreement to sell and are located inan endowment care cemetery as defined inORS 97.810.

(b) Agreements to sell or sales of cryptsor niches where such crypts or niches arenot in existence at the time of the sale oragreement to sell and are to be located in anendowment care cemetery, provided that:

(A) Thirty-five percent of the sales priceof each crypt or niche described in this par-agraph is deposited in accordance with theprovisions of ORS 97.937; or

(B) Such endowment care cemetery de-posits a bond with a corporate surety au-thorized to do business in this state, or anirrevocable letter of credit issued by an in-sured institution, as defined in ORS 706.008.The bond or letter of credit shall be in anamount equal to 35 percent of the total salesprice of all crypts or niches described in thisparagraph that have been sold by the en-dowment care cemetery and that have notyet been completed.

(c) Agreements to sell or sales of burialvaults or markers for installation in an en-dowment care cemetery, provided that:

(A) Sixty-six and two-thirds percent ofthe sale price of such vaults or markers isdeposited in accordance with the provisionsof ORS 97.937;

(B) Such endowment care cemetery is atthe time of the sale or agreement to sell andfor not less than 24 months before such saleor agreement has been in continuous opera-tion as an endowment care cemetery and hasassumed the obligation to supply and installthe vault or marker and maintain it as partof its endowment care program; and

(C) Such endowment care cemetery de-posits with the Director of the Departmentof Consumer and Business Services:

(i) A bond in a form approved by the di-rector in the amount of $10,000 issued by acorporate surety authorized to do business inthis state; or

(ii) An irrevocable letter of credit in aform approved by the director in the amountof $10,000 issued by an insured institution,as defined in ORS 706.008.

(2) Notwithstanding the exception pro-vided in subsection (1) of this section, a per-son who would otherwise have a claimagainst a certified provider, a master trusteeor a salesperson under the provisions of ORS



97.923 to 97.949 or ORS chapter 692 shallhave a right against the bond or letter ofcredit described in subsection (1)(b) and (c)of this section. [Formerly 128.412; 2003 c.271 §1]

Note: Section 2, chapter 68, Oregon Laws 1999,provides:

Sec. 2. (1) The amendments to ORS 128.412[renumbered 97.929] by section 1 of this 1999 Act applyonly to agreements to sell crypts or niches entered intoon or after the effective date of this 1999 Act [October23, 1999], and sales of crypts and niches made on or af-ter the effective date of this 1999 Act.

(2) An endowment care cemetery that deposited abond or an irrevocable letter of credit under the pro-visions of ORS 128.412 (2)(b) (1997 Edition) before theeffective date of this 1999 Act must continue to maintainthe bond or irrevocable letter of credit in the amountprovided by ORS 128.412 (2)(b) (1997 Edition) until suchtime as all the crypts and niches that were part of thedevelopment covered by the bond or letter of credit arecompleted. Any endowment care cemetery that main-tains a bond or letter of credit pursuant to this subsec-tion is not required to maintain a bond or letter ofcredit in the amount required by ORS 128.412 (2)(b)[renumbered 97.929 (2)(b)], as amended by section 1 ofthis 1999 Act, for the purpose of crypts and niches lo-cated in the development covered by the bond or letterof credit maintained under the provisions of this sub-section, but the endowment care cemetery must main-tain a bond or letter of credit in the amount requiredby ORS 128.412 (2)(b) [renumbered 97.929 (2)(b)], asamended by section 1 of this 1999 Act, for sales of, andagreements to sell, crypts or niches located in any de-velopment commenced on or after the effective date ofthis 1999 Act. [1999 c.68 §2]


97.930 [1977 c.715 §§2,3; renumbered 97.975 in 2001]

97.931 Registration of salesperson forendowment care cemeteries, precon-struction sales and prearrangementsales; rules; background check; civil pen-alties. (1) A salesperson may not engage inprearrangement sales made by endowmentcare cemeteries under ORS 97.929 or in pre-construction sales or prearrangement salesunless the salesperson is registered with theState Mortuary and Cemetery Board or holdsa current funeral service practitioner license,embalmer license, funeral service practi-tioner trainee registration or embalmertrainee registration. The board by rule shall:

(a) Establish procedures for issuingsalesperson registrations under this subsec-tion;

(b) Establish standards for determiningwhether a salesperson registration should beissued;

(c) Set renewal and salesperson registra-tion fees; and

(d) Require biennial renewal of salesper-son registrations.

(2) The board may conduct a backgroundcheck of any salesperson applying for regis-tration under subsection (1) of this section.

The background check may include informa-tion solicited from the Department of StatePolice. After consideration of informationobtained from any background check and anyother information in its possession, the boardshall determine whether to register thesalesperson.

(3)(a) The board may impose a civil pen-alty of up to $1,000 per violation or suspend,revoke or refuse to issue or renew the regis-tration of a salesperson described in subsec-tion (1) of this section upon a determinationthat the applicant or holder has not compliedwith the provisions of ORS 97.923 to 97.949or ORS chapter 692, or any rules adoptedthereunder. When the board proposes to takesuch action, the person affected by the actionshall be accorded notice and an opportunityfor hearing as provided by ORS chapter 183.The board shall notify the Director of theDepartment of Consumer and Business Ser-vices of its intent to take action against asalesperson or person acting as a salesper-son.

(b) The board shall suspend, revoke orrefuse to issue or renew the registration ofa salesperson if the director requests theboard to take such action.

(4) Fees and other moneys received bythe board under this section shall be depos-ited into the State Mortuary and CemeteryBoard Account established in ORS 692.375.[Formerly 128.414; 2005 c.726 §2; 2015 c.367 §12]


97.933 Certification of provider of pre-arrangement or preconstruction sales;annual reports; rules; audits; fees. (1) Anentity may not engage in prearrangementsales or preconstruction sales, administerprearrangement sales or preconstructionsales or provide merchandise or services tofulfill prearrangement sales or preconstruc-tion sales unless the entity is certified by theDirector of the Department of Consumer andBusiness Services. Each location at which anentity engages in prearrangement sales orpreconstruction sales, administers prear-rangement sales or preconstruction sales orprovides merchandise or services to fulfillprearrangement sales or preconstructionsales must be separately certified. The direc-tor shall:

(a) Establish procedures for issuing cer-tificates required by this section.

(b) Establish standards for determiningwhether a certificate should be issued.

(c) Set certification and renewal fees.(d) Require annual renewal of certifica-

tion.(e) Establish standards for rules of con-

duct of certified providers.



(2) The fees described in this sectionmust be sufficient to meet the costs associ-ated with the administration of ORS 97.923to 97.949 and to maintain a reasonable emer-gency fund.

(3)(a) A certified provider shall file anannual report with the director on formsprescribed by the director by rule. The an-nual report must contain any informationreasonably considered necessary by the di-rector, including but not limited to:

(A) A disclosure of deposits and with-drawals of trust funds;

(B) The number of consecutively num-bered prearrangement or preconstructionsales contracts sold during the reporting pe-riod;

(C) A complete inventory of the funeralmerchandise and cemetery merchandise de-livered in lieu of trust fund requirementsunder ORS 97.941, including:

(i) The location of the merchandise;(ii) Merchandise serial numbers or ware-

house receipt numbers identified by the nameof the purchaser or the beneficiary; and

(iii) The statement of the certified pro-vider that each item of merchandise is in theseller’s possession at the specified location;and

(D) The number of withdrawals from orterminations of any trusts.

(b) If the annual report is not filed or isfiled and shows any material discrepancy, thedirector may take appropriate action andsend notification of the matter to the StateMortuary and Cemetery Board.

(c) The director may relieve a certifiedprovider of the duty to file the annual reportupon a determination that the certified pro-vider has performed all obligations under theprearrangement sales contract or precon-struction sales contract, or that such obli-gations lawfully have been assumed byanother certified provider or have been dis-charged or canceled.

(4) The director may audit the records ofa certified provider that relate to prear-rangement sales or preconstruction sales, asthe director may consider appropriate. Thedirector may refer any matter outside ofnormal auditing procedures to the office ofthe Attorney General for investigation andsend notification of the referral to the StateMortuary and Cemetery Board.

(5) The conduct of individuals, includingsalespersons as defined in ORS 97.923, em-ployed by a certified provider is the directresponsibility of the certified provider.

(6) Authority to operate as a certifiedprovider is not transferable. An entity that

seeks to purchase or otherwise acquire con-trol of a cemetery or funeral establishmentshall first apply to the director to become acertified provider. [2001 c.796 §1; 2003 c.362 §3; 2007c.661 §15; 2012 c.7 §4]


97.935 Registration of master trustees;annual reports; rules; annual audits; fees.(1) An entity may not operate as a mastertrustee unless the entity is registered withthe Director of the Department of Consumerand Business Services. The director shall:

(a) Establish procedures for registeringmaster trustees under this section.

(b) Establish standards for master trus-tees.

(c) Set registration and renewal fees.(d) Establish standards for rules of con-

duct of master trustees.(2)(a) A master trustee shall file an an-

nual report with the director on forms pre-scribed by the director by rule. The annualreport must contain any information reason-ably considered necessary by the director,including but not limited to:

(A) A disclosure of changes in trust de-posits; and

(B) A list of all certified providers forwhich the master trustee holds funds and thetotal amount of funds held for each certifiedprovider.

(b) The director may take appropriateaction under ORS 97.948 and 97.949 if amaster trustee fails to file the annual reportor the report contains any material discrep-ancy.

(c) The director may relieve a mastertrustee of the duty to file the annual reportupon a determination that the master trusteehas performed all obligations under the trustagreement with each certified provider, orthat the master trustee’s obligations havebeen lawfully assumed by another mastertrustee or have been discharged or canceled.

(3) The director may conduct an annualaudit of a master trustee. The director shallprescribe the form of audits under this sec-tion by rule.

(4) A master trustee who is audited underthis section shall pay all expenses and costsincurred by the director in conducting theaudit. [2001 c.796 §2; 2003 c.362 §4; 2007 c.661 §16; 2012c.7 §5]


97.936 Emergency orders of suspen-sion or restriction. (1) In addition to otheractions authorized under ORS 97.948 (2), theDirector of the Department of Consumer andBusiness Services may:



(a) Issue an emergency order suspendingor restricting a certificate or registration orordering a certified provider or master trus-tee or an entity acting as a certified provideror master trustee to cease and desist fromspecified conduct; or

(b) Take other action deemed necessaryby the director in the circumstances.

(2) The director shall promptly provideopportunity for hearing pursuant to ORSchapter 183.

(3) Emergency orders are:(a) Effective when issued;(b) Reviewable as provided in ORS

183.480; and(c) Enforceable in the courts of this

state. [2007 c.661 §23; 2012 c.7 §6]Note: See note under 97.923.

97.937 Deposit of trust funds made byendowment care cemeteries. (1) This sec-tion applies to trust deposits required to bemade by endowment care cemeteries underORS 97.929.

(2) As used in this section, “commontrust account” means trust funds received bya provider from two or more purchasers.

(3) All such trust funds shall be depositedby the provider with a financial institutionin the State of Oregon carrying deposit in-surance, within 15 days after receipt thereof.A trust fund shall be held in a separate ac-count in the name of the provider followedby the words “funeral plan trust account,” intrust for the person for whom such prear-ranged funeral plan is made, or in a commontrust account in the name of the provider intrust for each person for whom such prear-ranged funeral plan is made, until a trustfund is released under any of the followingconditions:

(a) Upon presentation of proof of thedeath of the person for whom a prearrangedfuneral plan is made, the financial institutionshall release the principal and accrued in-come allocable to that person’s account tothe provider.

(b) Upon presentation of the written re-quest of the purchaser of a revocable trust,the financial institution shall release theprincipal and accrued income allocable to thepurchaser’s account as directed in such re-quest.

(c) Upon presentation of proof of thedeath, dissolution, insolvency or merger withanother of the provider of a revocable trust,the financial institution shall release theprincipal and accrued income allocable toeach purchaser’s account to that purchaser.

(d) Upon presentation of proof of thedeath, dissolution, insolvency or merger with

another of the provider of an irrevocabletrust, the financial institution shall continueto hold such trust fund subject to the funeralplan trust, and upon appointment of a suc-cessor provider by the purchaser, thepurchaser’s legal representative, the Directorof the Department of Consumer and BusinessServices or a court of competent jurisdiction,the financial institution shall release suchtrust fund to the successor provider only asprovided in paragraph (a) of this subsection.

(4) If trust funds are held in a commontrust account under subsection (3) of thissection, the provider shall maintain recordsshowing the purchaser and beneficiary ofeach individual trust fund in the account andthe allocation to each individual trust fundof interest earned by the account. The re-cords concerning allocation of interest mustbe updated at least annually.

(5) The provider may appoint a successordepository. The original depository shall onlyrelease the trust funds to the successor de-pository as described in subsections (1) to (4)of this section.

(6) The financial institution is not re-sponsible for the fulfillment of any prear-ranged funeral plan, excepting only suchfinancial institution shall release a trustfund as provided in this section.

(7) The director may appoint a successorprovider upon a determination that the ori-ginal provider has ceased to provide thekinds of services and things which the ori-ginal provider agreed to provide, that thepurchaser or the purchaser’s legal represen-tative cannot be readily identified or con-tacted and that the appointment of asuccessor provider is appropriate in order toprotect the interests of the trust benefici-aries. Financial institutions holding depositsof such trust funds shall change their re-cords to reflect such appointment of a suc-cessor provider upon receipt of writtennotice of the appointment from the director.Where the director proposes to take suchaction under this subsection, the providerbeing replaced shall be accorded notice andan opportunity for hearing as provided inORS chapter 183. [Formerly 128.415; 2007 c.661 §17]

Note: Section 16, chapter 813, Oregon Laws 1987,provides:

Sec. 16. Notwithstanding the repeal of ORS 128.410by section 17 of this Act and the amendments to ORS128.415 [renumbered 97.937] by section 12 of this Act,ORS 128.410 and ORS 128.415 (1985 Replacement Part)shall continue to apply to any prearranged funeral planentered into prior to the effective date of this Act[September 27, 1987]. [1987 c.813 §16]




97.939 Prearrangement or precon-struction sales contracts; contents; deliv-ery. (1) Three copies of a written salescontract shall be executed for each prear-rangement sales contract or preconstructionsales contract sold by a certified provider.The certified provider shall retain one copyof the contract and a copy of the completedcontract shall be given to:

(a) The purchaser; and(b) The depository or the master trustee,

if applicable.(2) Upon receiving trust funds under ORS

97.941, the master trustee shall sign a copyof the contract received under subsection (1)of this section, retain a copy for its files andreturn the contract to the purchaser.

(3) Each completed contract shall:(a) Comply with the plain language stan-

dards described in ORS 180.545 (1);(b) Be consecutively numbered;(c) Have a corresponding consecutively

numbered receipt;(d) Be preprinted or, if the certified pro-

vider uses a master trustee, be obtained fromthe master trustee;

(e) Identify the purchaser and certifiedprovider who sold the contract;

(f) Specify whether the contract is aguaranteed contract or a nonguaranteedcontract;

(g) Specify the specific funeral or ceme-tery merchandise or services or undevelopedinterment spaces included and not includedin the contract; and

(h) If a guaranteed contract, disclose thatthe certified provider is entitled to receive10 percent of the sales price.

(4)(a) Notwithstanding ORS 97.943 (8), inthe case of a prearrangement sales contract,if at the time of entering into the contract,the beneficiary of the contract is a recipientof public assistance or medical assistance, asdefined in ORS 414.025, or reasonably antic-ipates becoming a recipient of public assist-ance or medical assistance, the contract mayprovide that the contract is irrevocable.

(b) The contract may provide for anelection by the beneficiary, or by the pur-chaser on behalf of the beneficiary, to makethe contract thereafter irrevocable if afterthe contract is entered into, the beneficiarybecomes eligible or seeks to become eligiblefor public assistance or medical assistance.[Formerly 128.421; 2007 c.661 §18; 2012 c.7 §7; 2013 c.688§11]


97.941 Prearrangement or precon-struction trust fund deposits. (1) Upon re-ceiving anything of value under a

prearrangement sales contract or precon-struction sales contract, the certified pro-vider who sold the contract shall deposit thefollowing amounts into one or more trustfunds maintained pursuant to ORS 97.923 to97.949, 97.992, 97.994 and 692.180:

(a) If the amount received is in paymentof a guaranteed prearrangement sales con-tract or guaranteed preconstruction salescontract, 90 percent of the amount received.The certified provider who sold the contractis entitled to receive the remaining 10 per-cent.

(b) If the amount received is in paymentof a nonguaranteed prearrangement salescontract or nonguaranteed preconstructionsales contract, 100 percent of the amount re-ceived.

(2) A certified provider shall pay all trustfunds required by ORS 97.923 to 97.949,97.992, 97.994 and 692.180 directly to a mas-ter trustee or depository within five businessdays after the certified provider receives thefunds from the purchaser.

(3)(a) If a certified provider places trustfunds in a depository, the funds may be in-vested only in:

(A) Certificates of deposit;(B) United States Treasury bills;(C) Issues of United States government

agencies;(D) Guaranteed investment contracts; or(E) Banker’s acceptances or corporate

bonds rated A or better by Standard & Poor’sCorporation or Moody’s Investors Service.

(b) Prearrangement sales contract trustfund and preconstruction sales contract trustfund accounts must be in the name of thecertified provider who sold the contract un-der ORS 97.923 to 97.949, 97.992, 97.994 and692.180.

(4) A certified provider shall identifyfunds deposited in the trust fund account inthe records of the certified provider by thename of the purchaser and beneficiary. Thecertified provider shall maintain records thatspecify the allocation of all earnings to eachprearrangement sales contract or precon-struction sales contract. Nothing prohibitsthe certified provider from directing a mastertrustee or a depository to commingle the de-posits in a trust fund account for purposesof managing and investing the funds. A jointtrust fund account must be identified by thename of the certified provider.

(5) When a prearrangement sales con-tract or preconstruction sales contract in-cludes rights of interment and funeral orcemetery merchandise or services, the termsof the contract must clearly provide for the



application of payments received under thecontract.

(6) An entity engaging in prearrangementsales or preconstruction sales that involvethe sale of items subject to trust and anyitem not subject to trust may not increasethe sales price of those items not subject totrust with the purpose of allocating a lessersales price to items that require a deposit oftrust funds.

(7)(a) Except when the Director of theDepartment of Consumer and Business Ser-vices has made the determination describedin subsection (9)(a) of this section, a certifiedprovider may appoint a successor certifiedprovider. The master trustee or depositoryshall release the trust funds deposited underORS 97.923 to 97.949, 97.992, 97.994 and692.180 and accrued income only to the suc-cessor certified provider as described in ORS97.943 and 97.944.

(b) If appointing a successor certifiedprovider under this subsection, the originalcertified provider shall notify the director ofthe proposed change at least 30 days beforethe appointment.

(8) A certified provider may appoint asuccessor depository or a master trustee andshall notify the director of the proposedchange at least 30 days before the appoint-ment.

(9)(a) The director may appoint a succes-sor certified provider upon a determinationthat:

(A) The original certified provider hasfailed to perform the duties of a certifiedprovider;

(B) The certificate issued to the originalcertified provider has been revoked or sur-rendered; and

(C) The appointment of a successor cer-tified provider is necessary to protect the in-terests of the purchasers and beneficiaries ofprearrangement sales contracts or precon-struction sales contracts.

(b) Depositories or master trustees hold-ing deposits of trust funds by the originalcertified provider shall change their recordsto reflect the appointment of a successorcertified provider upon receipt of written no-tice of the appointment from the director.

(10) A trust fund account must be a sin-gle purpose fund. In the event of the certifiedprovider’s bankruptcy, the funds and accruedincome are not available to any creditor asassets of the certified provider, but must bedistributed to the purchasers or managed forthe purchasers’ benefit by the trustee inbankruptcy, receiver or assignee.

(11)(a) If the original certified provider islicensed under ORS chapter 692 and volun-

tarily surrenders the license to the StateMortuary and Cemetery Board, prearrange-ment sales contracts and preconstructionsales contracts must be transferred to thesuccessor certified provider appointed by thedirector.

(b) If the original certified provider is notlicensed under ORS chapter 692, upon pres-entation of proof of the dissolution or insol-vency, or merger with another certifiedprovider, of the original certified provider,the depository shall release the prearrange-ment trust fund deposits or preconstructiontrust fund deposits to the purchaser.

(c) If the original certified provider is li-censed under ORS chapter 692, upon proofof the insolvency or involuntary surrenderof the license of the original certified pro-vider, the depository shall release the prear-rangement trust fund deposits orpreconstruction trust fund deposits to thepurchaser.

(12) The purchaser or beneficiary of aprearrangement sales contract or precon-struction sales contract may be namedcotrustee with the certified provider with thewritten consent of the purchaser or benefici-ary.

(13) A certified provider who has not ap-pointed a master trustee and is placing fundswith a depository shall have an annual auditof all trust account funds performed by anindependent certified public accountant inaccordance with generally accepted account-ing procedures. The certified provider shallprovide the audit results to the director aspart of the annual report required underORS 97.933. [Formerly 128.423; 2007 c.661 §19; 2012c.7 §8]


97.942 Appointment of receiver; crite-ria. (1) The Attorney General, on behalf ofthe Director of the Department of Consumerand Business Services, may petition the cir-cuit courts of this state for appointment of areceiver for a certified provider or entityacting as a certified provider without certi-fication.

(2) If the court determines that a receiv-ership is necessary or advisable, the courtshall appoint a receiver:

(a) When a receiver would ensure theorderly and proper conduct of a certifiedprovider’s professional business and affairsduring or in the aftermath of an administra-tive proceeding to revoke or suspend thecertified provider;

(b) When a receiver would protect thepublic’s interest and rights in the business,premises or activities of the certified pro-vider or entity sought to be placed in receiv-ership;



(c) Upon a showing of serious and re-peated violations of ORS 97.923 to 97.949demonstrating an inability or unwillingnessto comply with the provisions of ORS 97.923to 97.949;

(d) When a receiver would prevent loss,wasting, dissipation, theft or conversion ofassets that should be marshaled and heldavailable for the honoring of obligations un-der ORS 97.923 to 97.949; or

(e) When the court receives proof ofother grounds that the court deems good andsufficient for instituting receivership actionconcerning the certified provider or entitysought to be placed in receivership.

(3)(a) A receivership under this sectionmay be temporary or for the winding up anddissolution of a business, as the director mayrequest and the court determines to be nec-essary or advisable in the circumstances.

(b) Venue of receivership proceedingsmay be, at the director’s request, in MarionCounty or the county where the subject ofthe receivership is located. The appointedreceiver shall be the director or a personthat the director nominates and that thecourt approves.

(c) The director may expend money frombudgeted funds or the Funeral and CemeteryConsumer Protection Trust Fund to imple-ment a receivership. Any expenditures are aclaim against the estate in the receivershipproceedings. [2007 c.661 §24; 2012 c.7 §9]


97.943 Distributions from prearrange-ment trust fund deposits. (1) A mastertrustee or a depository may not make anydistributions from prearrangement sales con-tract trust fund deposits except as providedin this section.

(2) The principal of a trust created pur-suant to a prearrangement sales contractshall be paid to the certified provider whosold the contract if the certified providerwho sold the contract swears, by affidavit,that the certified provider has delivered allmerchandise and performed all services re-quired under the prearrangement sales con-tract and delivers to the master trustee orthe depository one of the following:

(a) A certified copy of a death record ofthe beneficiary; or

(b) A sworn affidavit signed by the certi-fied provider and by:

(A) One member of the beneficiary’s fam-ily; or

(B) The executor of the beneficiary’s es-tate.

(3) The principal of a trust created pur-suant to a prearrangement sales contract

must be paid to the purchaser if the originalcertified provider is no longer qualified toserve as the certified provider under ORS97.941 (11).

(4) Upon completion by the certified pro-vider of the actions described in subsection(2) of this section, the master trustee or thedepository shall pay to the certified providerfrom the prearrangement sales contract trustfund an amount equal to the sales price ofthe merchandise delivered.

(5) Upon the final payment to the certi-fied provider of the principal in trust undersubsection (2) of this section, the undistrib-uted earnings of the trust must be paid to:

(a) The certified provider who sold thecontract if the contract is a guaranteed con-tract; or

(b) The contract purchaser, or thepurchaser’s estate, if the contract is a non-guaranteed contract.

(6) The master trustee or the depositorymay rely upon the certifications and affida-vits made to it under the provisions of ORS97.923 to 97.949, 97.992, 97.994 and 692.180,and is not liable to any person for such reli-ance.

(7) If a certified provider who sold a pre-arrangement sales contract does not complywith the terms of the prearrangement salescontract within a reasonable time after thecertified provider is required to do so, thepurchaser or heirs or assigns or duly au-thorized representative of the purchaser orthe beneficiary has the right to a refund inthe amount equal to the sales price paid forundelivered merchandise and unperformedservices plus undistributed earnings amountsheld in trust attributable to such contract,within 30 days of the filing of a sworn affi-davit with the certified provider who sold thecontract and the master trustee or the de-pository setting forth the existence of thecontract and the fact of breach. A copy ofthis affidavit shall be filed with the Directorof the Department of Consumer and BusinessServices. In the event a certified providerwho has sold a prearrangement sales con-tract is prevented from performing by strike,shortage of materials, civil disorder, naturaldisaster or any like occurrence beyond thecontrol of the certified provider, the certifiedprovider’s time for performance is extendedby the length of such delay.

(8) Except for an irrevocable contractdescribed in ORS 97.939 (4), at any time priorto the death of the beneficiary of a prear-rangement sales contract, the purchaser ofthe prearrangement sales contract may can-cel the contract and is entitled to a refundof all amounts paid on the contract, allamounts in trust including earnings allocated



to the contract that are in excess of allamounts paid on the contract and unallo-cated earnings on trust contract amountsfrom the date of the last allocation to thedate of the refund request, less any amountspaid for merchandise already delivered orservices already performed, which amountsmay be retained by the certified provider ascompensation.

(9) Notwithstanding ORS 97.941 (4) andsubsection (5) of this section, a master trus-tee or certified provider may pay accountingfees, taxes, depository fees, investment man-ager fees and master trustee fees from earn-ings of trust fund deposits. Any payment ofexpenses or fees from earnings of a trustfund deposit under this subsection must not:

(a) Exceed an amount equal to two per-cent per calendar year of the value of thetrust as determined at least once every sixmonths as prescribed by the director by rule;

(b) Include the payment of any fee to thecertified provider in consideration for ser-vices rendered as certified provider; or

(c) Reduce, diminish or in any other waylessen the value of the trust fund deposit sothat the merchandise or services provided forunder the contract are reduced, diminishedor in any other way lessened. [Formerly 128.425;2005 c.66 §1; 2007 c.661 §20; 2012 c.7 §10; 2013 c.366 §53]


97.944 Distributions from precon-struction trust fund deposits. (1) A depos-itory may not make any distributions frompreconstruction sales contract trust depositsexcept as provided in this section.

(2)(a) The construction or development ofundeveloped interment spaces shall be com-menced on the phase of construction or de-velopment, or the section or sections ofspaces in which sales are made within fiveyears of the date of the first sale. The cer-tified provider who sold the preconstructionsales contract shall give written notice in-cluding a description of the project to theDirector of the Department of Consumer andBusiness Services no later than 30 days afterthe first sale.

(b) Once commenced, construction or de-velopment shall be pursued diligently tocompletion. The first phase of constructionmust be completed within seven years of thefirst sale. However, any delay caused bystrike, shortage of materials, civil disorder,natural disaster or any similar occurrencebeyond the control of the certified providerextends the time of completion by the lengthof a delay.

(c) If construction or development is notcommenced or completed within the timesspecified, any contract purchaser may sur-render and cancel the contract and upon

cancellation shall be entitled to a refund ofthe actual amounts paid toward the purchaseprice, together with interest accrued on theamount deposited to the trust.

(3) Except as otherwise authorized bythis section, every certified provider sellingundeveloped spaces shall provide facilitiesfor temporary interment for purchasers orbeneficiaries of contracts who die prior tocompletion of the space. Such temporary fa-cilities shall be constructed of permanentmaterials, and, insofar as practical, be land-scaped and groomed to the extent customaryin that community. The heirs, assigns orpersonal representative of a purchaser orbeneficiary shall not be required to accepttemporary underground interment spacewhere undeveloped space contracted for wasan aboveground entombment or inurnmentspace. In the event that temporary facilitiesas described in this subsection are not madeavailable upon the death of a purchaser orbeneficiary, the heirs, assigns or personalrepresentative is entitled to a refund of theentire sales price paid plus undistributed in-terest attributable to such amount while intrust.

(4) If the certified provider who sold thepreconstruction sales contract delivers acompleted space acceptable to the heirs, as-signs or personal representative of a pur-chaser or beneficiary, other than atemporary facility, in lieu of the undevelopedspace purchased, the certified provider shallprovide the depository with a delivery certif-icate and all sums deposited under the pre-construction sales contract and incomeallocable to that contract shall be paid to thecertified provider.

(5) During the construction or develop-ment of interment spaces, upon receiving thesworn certification of the certified providerwho sold the preconstruction sales contractand the contractor, the depository shall dis-burse from the trust fund the amount equiv-alent to the cost of performed labor ordelivered materials as certified, not to exceedthe amounts deposited and income allocableto those contracts. A person who executesand delivers a completion certificate withactual knowledge of a falsity containedtherein shall be considered in violation ofORS 97.923 to 97.949 and 692.180.

(6) Upon completion of the phase of con-struction or development, section or sectionsof the project as certified to the depositoryby the certified provider and the contractor,the trust requirements shall terminate andall funds held in the preconstruction salescontract trust fund attributable to the com-pleted phase, section or sections shall be paidto the certified provider who sold the pre-construction sales contract.



(7) Upon the payment to a certified pro-vider of preconstruction sales contract trustfunds under subsection (4) or (6) of this sec-tion, the undistributed income of the trustshall be paid to:

(a) The certified provider who sold thecontract if the contract is a guaranteed con-tract; or

(b) The contract purchaser, or thepurchaser’s estate, if the contract is a non-guaranteed contract.

(8) If the preconstruction sales contractpurchaser defaults in making payments un-der an installment preconstruction salescontract, and default continues for at least30 days after the purchaser has receivedwritten notice of default, the certified pro-vider who sold the contract may cancel thecontract and withdraw from the trust fundthe entire balance of the defaultingpurchaser’s account as liquidated damages.Upon certification of the default, the deposi-tory shall deliver the balance to the certifiedprovider. The depository may rely on thecertification and affidavits made to it underthe provisions of ORS 97.923 to 97.949,97.992, 97.994 and 692.180 and shall not beliable to any person for such reliance.[Formerly 128.430; 2007 c.661 §21]


97.945 Funeral and Cemetery Con-sumer Protection Trust Fund; fee; rules;maximum balance. (1) A certified providershall pay to the Director of the Departmentof Consumer and Business Services a $5 feefor each prearrangement sales contract orpreconstruction sales contract entered into,to be paid into a special income earning fundin the State Treasury, separate from theGeneral Fund, known as the Funeral andCemetery Consumer Protection Trust Fund.The fees shall be remitted to the directorannually within 30 days after the end of De-cember for all contracts that have been en-tered into during the 12-month period.

(2) Except as provided in this section, thefund shall be used solely for the purpose ofproviding restitution to purchasers who havesuffered pecuniary loss arising out of prear-rangement sales contracts or preconstructionsales contracts. The fund may be used forpayment of actual administrative expensesincurred in administering the fund. All mon-eys in the Funeral and Cemetery ConsumerProtection Trust Fund are appropriated con-tinuously to the director for the payment ofrestitution under this section and the pay-ment of expenses incurred in performing theduties and functions of the director requiredunder ORS 97.923 to 97.949, 97.992, 97.994and 692.180.

(3) The director shall administer the fundand shall adopt rules governing the paymentof restitution from the fund.

(4) Payments for restitution shall bemade only upon order of the director wherethe director determines that the obligation isnoncollectible from the certified provider.Restitution must not exceed the amount ofthe sales price paid plus interest at the stat-utory rate.

(5) The fund must not be applied towardany restitution for losses on a prearrange-ment sales contract or preconstruction salescontract entered into prior to September 27,1987.

(6) The fund must not be allocated forany purpose other than that specified in ORS97.923 to 97.949, 97.992, 97.994 and 692.180.

(7) If the director proposes to deny anapplication for restitution from the fund, thedirector shall accord an opportunity for ahearing as provided in ORS chapter 183.

(8) Notwithstanding any other provisionof this section, the payment of restitutionfrom the fund is a matter of grace and notof right and no purchaser has vested rightsin the fund as a beneficiary or otherwise.

(9)(a) The director shall annually reviewthe status of the fund. If the director deter-mines that the fund together with all accu-mulated income earned on the fund issufficient to cover costs of potential claimsagainst the fund and that the total numberof outstanding claims filed against the fundis less than 10 percent of the fund’s currentbalance, then payments to the fund may beadjusted accordingly at the discretion of thedirector.

(b) If the fund’s balance falls below ac-ceptable levels to meet future obligations,the director by rule may increase the fee orimpose an assessment on certified providers.

(c) The balance of the fund may not ex-ceed $2 million. The director is authorized toadjust the fee or assessment as necessary tocomply with this paragraph. [Formerly 128.435;2003 c.362 §5; 2012 c.7 §11]


97.946 Advertising and marketingprohibitions. (1) A person may not engagein unsolicited door to door or telephone ad-vertising and marketing of prearrangementsales contracts or preconstruction sales con-tracts. The costs of advertising and market-ing may not be paid from trust funds.

(2) Advertising and marketing a prear-rangement sales contract or a preconstruc-tion sales contract by a funeral servicepractitioner, embalmer or funeral service es-tablishment licensed under ORS chapter 692



does not constitute a violation of ORS692.180 (1)(c). [Formerly 128.440]


97.947 Examination of providers andmaster trustees by director; subpoenapower; depositions. (1)(a) The Director ofthe Department of Consumer and BusinessServices may examine the conditions and re-sources, including sales contracts, of a certi-fied provider, master trustee or entity actingas a certified provider or master trusteewithout certification or registration to deter-mine whether the certified provider, mastertrustee or entity acting as a certified pro-vider or master trustee without certificationor registration is complying with ORS 97.923to 97.949, the rules of the director and anyother laws of this state applicable to a certi-fied provider or master trustee.

(b) In addition to the authority conferredby ORS 97.948, the director may require acertified provider, master trustee or entityacting as a certified provider or master trus-tee without certification or registration topay the actual and reasonable costs of theexamination.

(2) For the purpose of an examinationunder this section, the director may admin-ister oaths and affirmations, compel the at-tendance of witnesses, take evidence andrequire the production of books, papers, cor-respondence, memoranda, agreements orother documents or records that the directorconsiders relevant or material to the exam-ination.

(3) If a certified provider, master trusteeor entity acting as a certified provider ormaster trustee without certification or regis-tration fails to comply with a subpoena is-sued under this section or a party or witnessrefuses to testify on any matter, the judge ofthe circuit court for any county, on the ap-plication of the director, shall compel obedi-ence by proceedings for contempt as in thecase of disobedience of the requirements ofa subpoena issued from the court or a refusalto testify on a matter before the court.

(4) Each witness who appears before thedirector under a subpoena issued under thissection shall receive the fees and mileageprovided for witnesses in ORS 44.415 (2), ex-cept that a witness subpoenaed at the in-stance of parties other than the director oran examiner may not be compensated for at-tendance or travel unless the director certi-fies that the testimony of the witness wasmaterial to the matter investigated.

(5) During the course of any examination,the director may cause the depositions ofwitnesses to be taken in the manner pre-scribed by law for like depositions in civil

suits in the circuit court. [2001 c.796 §3; 2003c.362 §6; 2005 c.338 §1; 2012 c.7 §14]


97.948 Grounds for discipline by direc-tor for violation of ORS 97.923 to 97.949;suspension and revocation of certificateor registration; civil penalties; notifica-tion of board. (1) The Director of the De-partment of Consumer and Business Servicesmay discipline a certified provider, mastertrustee or entity acting as a certified pro-vider or master trustee without certificationor registration who has been found by anaudit or examination conducted by the direc-tor:

(a) To be in violation of ORS 97.923 to97.949;

(b) To have liabilities that exceed assets;(c) To be unable to meet obligations as

they come due; or(d) To be in a financial condition that

fails to adequately protect the interests ofcustomers.

(2) In disciplining a certified provider,master trustee or entity acting as a certifiedprovider or master trustee without certifica-tion or registration under subsection (1) ofthis section, the director may take the fol-lowing actions:

(a) Impose probation.(b) Suspend the certificate or registra-

tion.(c) Revoke the certificate or registration.(d) Place limitations on the certificate or

registration.(e) Refuse to issue or renew a certificate

or registration.(f) Issue an order to cease and desist

from the activities that support the disci-pline.

(g) Take any other disciplinary actionthat the director finds proper, including as-sessment of the costs of the investigation anddisciplinary proceedings and assessment of acivil penalty not to exceed $10,000 per vio-lation.

(3) If the certificate or registration of acertified provider or master trustee is sus-pended under this section, the holder of thecertificate or registration may not engage inthe activities allowed by the certificate orregistration during the term of suspension.Upon the expiration of the term of suspen-sion, the director shall reinstate the certif-icate or registration if the conditions forwhich the certificate or registration wassuspended no longer exist.

(4) The director shall enter each case ofdisciplinary action on the records of the De-partment of Consumer and Business Services.



(5) Civil penalties under this section maybe imposed as provided in ORS 183.745.

(6) If the director takes disciplinary ac-tion under this section, the director maysend a notice of the action to the StateMortuary and Cemetery Board and to theAttorney General. [2001 c.796 §4; 2003 c.362 §7; 2005c.338 §2; 2012 c.7 §15]


97.949 Notification by director to ap-propriate federal, state or local law en-forcement officer of violation of ORS97.923 to 97.949. (1) If the Director of theDepartment of Consumer and Business Ser-vices has reason to believe that a person hasviolated any provision of ORS 97.923 to97.949, the director may give the informationrelative to the violation to the appropriatefederal, state or local law enforcement officerhaving jurisdiction over the violation.

(2) If the director, in the course of takingan action against a certified provider, mastertrustee or entity acting as a certified pro-vider or master trustee without certificationor registration, finds that a salesperson orperson acting as a salesperson has violatedany provision of ORS 97.923 to 97.949, thedirector shall provide the State Mortuaryand Cemetery Board with a copy of the find-ings and the order of the director. The boardshall, upon receipt of such information, dis-cipline the salesperson or person acting as asalesperson as required by law. [2001 c.796 §5;2003 c.362 §8; 2005 c.338 §3; 2012 c.7 §16]

Note: See note under 97.923.97.950 [1995 c.717 §1; 1997 c.472 §4; 1999 c.201 §1;

2005 c.505 §1; repealed by 2007 c.681 §31]

REVISED UNIFORM ANATOMICAL GIFT ACT

97.951 Short title. ORS 97.951 to 97.982may be cited as the Revised Uniform Ana-tomical Gift Act. [2007 c.681 §1]


97.952 [1995 c.717 §2; 1997 c.472 §5; 2005 c.505 §2;repealed by 2007 c.681 §31]

97.953 Definitions for ORS 97.951 to97.982. As used in ORS 97.951 to 97.982:

(1) “Adult” means an individual who is18 years of age or older.

(2) “Agent” means:(a) A health care representative or an

alternate health care representative ap-pointed under ORS 127.510; or

(b) An individual expressly authorized tomake an anatomical gift on the principal’sbehalf by any record signed by the principal.

(3) “Anatomical gift” means a donationof all or part of a human body to take effectafter the donor’s death for the purpose oftransplantation, therapy, research or educa-tion.

(4) “Body part” means an organ, an eyeor tissue of a human being. The term doesnot include the whole body.

(5) “Decedent” means a deceased individ-ual whose body or body part is or may be thesource of an anatomical gift, and includes astillborn infant or a fetus.

(6)(a) “Disinterested witness” means awitness other than:

(A) A spouse, child, parent, sibling,grandchild, grandparent or guardian of theindividual who makes, amends, revokes orrefuses to make an anatomical gift; or

(B) An adult who exhibited special careand concern for the individual.

(b) “Disinterested witness” does not in-clude a person to whom an anatomical giftcould pass under ORS 97.969.

(7) “Document of gift” means a donorcard or other record used to make an ana-tomical gift. The term includes a statement,symbol or designation on a driver license,identification card or donor registry.

(8) “Donor” means an individual whosebody or body part is the subject of an ana-tomical gift.

(9) “Donor registry” means a centralizeddatabase that contains records of anatomicalgifts and amendments to or revocations ofanatomical gifts.

(10) “Driver license” means a license orpermit issued under ORS 807.021, 807.040,807.200, 807.280 or 807.730, regardless ofwhether conditions are attached to the li-cense or permit.

(11) “Eye bank” means an organizationlicensed, accredited or regulated under fed-eral or state law to engage in the recovery,screening, testing, processing, storage or dis-tribution of human eyes or portions of hu-man eyes.

(12) “Guardian” means a person ap-pointed by a court to make decisions regard-ing the support, care, education, health orwelfare of an individual. “Guardian” does notinclude a guardian ad litem.

(13) “Hospital” means a facility licensedas a hospital under the law of any state ora facility operated as a hospital by theUnited States, a state or a subdivision of astate.

(14) “Identification card” means the cardissued under ORS 807.021, 807.400 or 807.730,or a comparable provision of the motor vehi-cle laws of another state.



(15) “Know” means to have actual know-ledge.

(16) “Minor” means an individual who isunder 18 years of age.

(17) “Organ procurement organization”means an organization designated by theSecretary of the United States Departmentof Health and Human Services as an organprocurement organization.

(18) “Parent” means a parent whose par-ental rights have not been terminated.

(19) “Physician” means an individual au-thorized to practice medicine under the lawof any state.

(20) “Procurement organization” meansan eye bank, organ procurement organizationor tissue bank.

(21) “Prospective donor” means an indi-vidual who is dead or near death and hasbeen determined by a procurement organiza-tion to have a body part that could be med-ically suitable for transplantation, therapy,research or education. The term does not in-clude an individual who has made a refusal.

(22) “Reasonably available” means ableto be contacted by a procurement organiza-tion without undue effort and willing andable to act in a timely manner consistentwith existing medical criteria necessary forthe making of an anatomical gift.

(23) “Recipient” means an individual intowhose body a decedent’s body part has beenor is intended to be transplanted.

(24) “Record” means information that isinscribed on a tangible medium or that isstored in an electronic or other medium andis retrievable in perceivable form.

(25) “Refusal” means a record that ex-pressly states an intent to prohibit otherpersons from making an anatomical gift ofan individual’s body or body part.

(26) “Sign” means, with the present in-tent to authenticate or adopt a record:

(a) To execute or adopt a tangible sym-bol; or

(b) To attach to or logically associatewith the record an electronic symbol, soundor process.

(27) “State” means a state of the UnitedStates, the District of Columbia, Puerto Rico,the United States Virgin Islands or any ter-ritory or insular possession subject to thejurisdiction of the United States.

(28) “Technician” means an individualdetermined to be qualified to remove orprocess body parts by an appropriate organ-ization that is licensed, accredited or regu-lated under federal or state law. The termincludes an enucleator.

(29) “Tissue” means a portion of the hu-man body other than an organ or an eye. Theterm does not include blood unless the bloodis donated for the purpose of research or ed-ucation.

(30) “Tissue bank” means a person thatis licensed, accredited or regulated underfederal or state law to engage in the recov-ery, screening, testing, processing, storage ordistribution of tissue.

(31) “Transplant hospital” means a hos-pital that furnishes organ transplants andother medical and surgical specialty servicesrequired for the care of transplant patients.[2007 c.681 §2; 2008 c.1 §33; 2017 c.409 §2; 2018 c.36 §24]

Note: The amendments to 97.953 by section 15,chapter 701, Oregon Laws 2019, become operative Janu-ary 1, 2021, and apply to driver licenses, driver permitsand identification cards issued, renewed or replaced onor after January 1, 2021. See sections 25 and 26, chapter701, Oregon Laws 2019. The text that is operative onand after January 1, 2021, is set forth for the user’sconvenience.

97.953. As used in ORS 97.951 to 97.982:(1) “Adult” means an individual who is 18 years of

age or older.(2) “Agent” means:(a) A health care representative or an alternate

health care representative appointed under ORS 127.510;or

(b) An individual expressly authorized to make ananatomical gift on the principal’s behalf by any recordsigned by the principal.

(3) “Anatomical gift” means a donation of all orpart of a human body to take effect after the donor’sdeath for the purpose of transplantation, therapy, re-search or education.

(4) “Body part” means an organ, an eye or tissueof a human being. The term does not include the wholebody.

(5) “Decedent” means a deceased individual whosebody or body part is or may be the source of an ana-tomical gift, and includes a stillborn infant or a fetus.

(6)(a) “Disinterested witness” means a witness otherthan:

(A) A spouse, child, parent, sibling, grandchild,grandparent or guardian of the individual who makes,amends, revokes or refuses to make an anatomical gift;or

(B) An adult who exhibited special care and con-cern for the individual.

(b) “Disinterested witness” does not include a per-son to whom an anatomical gift could pass under ORS97.969.

(7) “Document of gift” means a donor card or otherrecord used to make an anatomical gift. The term in-cludes a statement, symbol or designation on a driverlicense, identification card or donor registry.

(8) “Donor” means an individual whose body orbody part is the subject of an anatomical gift.

(9) “Donor registry” means a centralized databasethat contains records of anatomical gifts and amend-ments to or revocations of anatomical gifts.

(10) “Driver license” means a license or permit is-sued under ORS 807.040, 807.200, 807.280 or 807.730, re-gardless of whether conditions are attached to thelicense or permit.



(11) “Eye bank” means an organization licensed,accredited or regulated under federal or state law toengage in the recovery, screening, testing, processing,storage or distribution of human eyes or portions ofhuman eyes.

(12) “Guardian” means a person appointed by acourt to make decisions regarding the support, care,education, health or welfare of an individual.“Guardian” does not include a guardian ad litem.

(13) “Hospital” means a facility licensed as a hos-pital under the law of any state or a facility operatedas a hospital by the United States, a state or a subdi-vision of a state.

(14) “Identification card” means the card issuedunder ORS 807.400 or 807.730, or a comparable provisionof the motor vehicle laws of another state.

(15) “Know” means to have actual knowledge.(16) “Minor” means an individual who is under 18

years of age.(17) “Organ procurement organization” means an

organization designated by the Secretary of the UnitedStates Department of Health and Human Services as anorgan procurement organization.

(18) “Parent” means a parent whose parental rightshave not been terminated.

(19) “Physician” means an individual authorized topractice medicine under the law of any state.

(20) “Procurement organization” means an eyebank, organ procurement organization or tissue bank.

(21) “Prospective donor” means an individual whois dead or near death and has been determined by aprocurement organization to have a body part thatcould be medically suitable for transplantation, therapy,research or education. The term does not include anindividual who has made a refusal.

(22) “Reasonably available” means able to be con-tacted by a procurement organization without undueeffort and willing and able to act in a timely mannerconsistent with existing medical criteria necessary forthe making of an anatomical gift.

(23) “Recipient” means an individual into whosebody a decedent’s body part has been or is intended tobe transplanted.

(24) “Record” means information that is inscribedon a tangible medium or that is stored in an electronicor other medium and is retrievable in perceivable form.

(25) “Refusal” means a record that expressly statesan intent to prohibit other persons from making an an-atomical gift of an individual’s body or body part.

(26) “Sign” means, with the present intent toauthenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or(b) To attach to or logically associate with the re-

cord an electronic symbol, sound or process.(27) “State” means a state of the United States, the

District of Columbia, Puerto Rico, the United StatesVirgin Islands or any territory or insular possessionsubject to the jurisdiction of the United States.

(28) “Technician” means an individual determinedto be qualified to remove or process body parts by anappropriate organization that is licensed, accredited orregulated under federal or state law. The term includesan enucleator.

(29) “Tissue” means a portion of the human bodyother than an organ or an eye. The term does not in-clude blood unless the blood is donated for the purposeof research or education.

(30) “Tissue bank” means a person that is licensed,accredited or regulated under federal or state law toengage in the recovery, screening, testing, processing,storage or distribution of tissue.

(31) “Transplant hospital” means a hospital thatfurnishes organ transplants and other medical and sur-gical specialty services required for the care of trans-plant patients.


2005 c.505 §3; repealed by 2007 c.681 §31]

97.955 Purpose of anatomical gift;persons authorized to make gift. (1) Sub-ject to ORS 97.963, a donor may make ananatomical gift of a donor’s body or bodypart during the life of the donor for the pur-pose of transplantation, therapy, research oreducation.

(2) An anatomical gift may be made inthe manner provided in ORS 97.957 by:

(a) The donor, if the donor is an adult orif the donor is a minor and is:

(A) Emancipated; or(B) Authorized under ORS 807.280 to ap-

ply for an instruction driver permit becausethe donor is at least 15 years of age;

(b) An agent of the donor, unless theform appointing a health care representative,as defined in ORS 127.505, or other recordprohibits the agent from making an anatom-ical gift;

(c) A parent of the donor, if the donor isan unemancipated minor; or

(d) The donor’s guardian. [2007 c.681 §3; 2018c.36 §25]


repealed by 2007 c.681 §31]

97.957 Methods of making anatomicalgift before death of donor. (1) A donor maymake an anatomical gift:

(a) By a designation on the donor’s driverlicense or identification card;

(b) In a will;(c) During a terminal illness or injury of

the donor, by any form of communicationaddressed to at least two adults, at least oneof whom is a disinterested witness;

(d) By a donor card or other recordsigned by the donor or other person makingthe gift; or

(e) By authorizing that a statement, sym-bol or designation indicating that the donorhas made an anatomical gift is to be includedon a donor registry.

(2) If the donor or other person author-ized to make an anatomical gift under ORS97.955 is physically unable to sign a record,the record may be signed by another individ-ual at the direction of the donor or otherperson and must:

(a) Be witnessed by at least two adults,at least one of whom is a disinterested wit-



ness, who have signed at the request of thedonor or the other person; and

(b) State that it has been signed and wit-nessed as provided in paragraph (a) of thissubsection.

(3) Revocation, suspension, expiration orcancellation of a driver license or identifica-tion card upon which an anatomical gift isindicated does not invalidate the gift.

(4) An anatomical gift made by will takeseffect upon the donor’s death whether or notthe will is probated. Invalidation of the willafter the donor’s death does not invalidatethe gift.

(5) An anatomical gift made by a desig-nation on the donor’s driver license or iden-tification card is conclusively presumedvalid. [2007 c.681 §4; 2009 c.106 §1]


2005 c.505 §4; repealed by 2007 c.681 §31]

97.959 Revocation or amendment ofanatomical gift by donor or agent orguardian of donor. (1) Except as providedin subsection (7) or (8) of this section, ananatomical gift made under ORS 97.957 maybe amended or revoked only by the donor inaccordance with the provisions of this sec-tion and may not be amended or revoked byany other person otherwise authorized tomake, amend or revoke a gift under ORS97.963 or 97.967.

(2) A donor or other person authorized toamend or revoke an anatomical gift undersubsection (7) or (8) of this section mayamend or revoke an anatomical gift by:

(a) A record signed by:(A) The donor;(B) The other person; or(C) Subject to subsection (3) of this sec-

tion, another individual acting at the direc-tion of the donor or the other person if thedonor or other person is physically unable tosign; or

(b) A later-executed document of gift thatamends or revokes a previous anatomical giftor portion of an anatomical gift, either ex-pressly or by inconsistency.

(3) A record signed pursuant to subsec-tion (2)(a)(C) of this section must:

(a) Be witnessed by at least two adults,at least one of whom is a disinterested wit-ness, who have signed at the request of thedonor or the other person; and

(b) State that it has been signed and wit-nessed as required in this subsection.

(4) A donor or other person authorized torevoke an anatomical gift under subsection(7) or (8) of this section may revoke an ana-tomical gift by the destruction or cancella-

tion of the document of gift, or the portionof the document of gift used to make the gift,with the intent to revoke the gift.

(5) A donor may amend or revoke an an-atomical gift that was not made in a will byany form of communication during a termi-nal illness or injury addressed to at least twoadults, at least one of whom is a disinter-ested witness.

(6) A donor who makes an anatomicalgift in a will may amend or revoke the giftin the manner provided for amendment orrevocation of wills or as provided in subsec-tion (4) of this section.

(7) If a donor who is an unemancipatedminor dies, a parent of the donor who isreasonably available may revoke or amendan anatomical gift of the donor’s body orbody part.

(8) An agent or guardian of a donor mayamend or revoke an anatomical gift only if:

(a) The agent or guardian made the giftunder ORS 97.955 (2)(b) or (d); or

(b) The form appointing a health carerepresentative, as defined in ORS 127.505, orother record appointing the agent expresslyauthorizes the agent to amend or revoke an-atomical gifts. [2007 c.681 §5; 2009 c.106 §2; 2011 c.61§1; 2018 c.36 §26]

Note: See note under 97.951.97.960 [1995 c.717 §6; 1997 c.472 §9; repealed by 2007

c.681 §31]

97.961 Refusal to make anatomicalgift; effect of refusal. (1) An individual mayrefuse to make an anatomical gift of theindividual’s body or body part by:

(a) A record signed by:(A) The individual; or(B) Subject to subsection (2) of this sec-

tion, another individual acting at the direc-tion of the individual if the individual isphysically unable to sign;

(b) The individual’s will, whether or notthe will is admitted to probate or invalidatedafter the individual’s death; or

(c) Any form of communication made bythe individual during the individual’s termi-nal illness or injury addressed to at least twoadults, at least one of whom is a disinter-ested witness.

(2) A record signed under subsection(1)(a)(B) of this section must:

(a) Be witnessed by at least two adults,at least one of whom is a disinterested wit-ness, who have signed at the request of theindividual; and

(b) State that it has been signed and wit-nessed as provided in this subsection.

(3) An individual who has made a refusalmay amend or revoke the refusal:



(a) In the manner provided in subsection(1) of this section for making a refusal;

(b) By subsequently making an anatom-ical gift pursuant to ORS 97.957 that is in-consistent with the refusal; or

(c) By destroying or canceling the recordevidencing the refusal, or the portion of therecord used to make the refusal, providedthat the destruction or cancellation is donewith the intent to revoke the refusal.

(4) Except as otherwise provided in sub-section (5) of this section, in the absence ofan express, contrary indication by the indi-vidual set forth in the refusal, an individual’sunrevoked refusal to make an anatomical giftof the individual’s body or body part prohib-its all other persons from making an ana-tomical gift of the individual’s body or bodypart.

(5) If an unemancipated minor whosigned a refusal dies, a parent of the minorwho is reasonably available may revoke theminor’s refusal. [2007 c.681 §6; 2009 c.106 §3]


97.963 Effect of making, amending orrevoking anatomical gift. (1) An anatom-ical gift of a donor’s body or body part, if thedonor or another person made an anatomicalgift of the donor’s body or body part underORS 97.957 or an amendment to an anatom-ical gift of the donor’s body or body part un-der ORS 97.959, may not be revoked exceptin accordance with ORS 97.959.

(2) A donor’s revocation of an anatomicalgift of the donor’s body or body part underORS 97.959 is not a refusal and does notprohibit another person specified in ORS97.955 or 97.965 from making an anatomicalgift of the donor’s body or body part underORS 97.957 or 97.967.

(3) If a person other than the donormakes an unrevoked anatomical gift of thedonor’s body or body part under ORS 97.957or an amendment to an anatomical gift of thedonor’s body or body part under ORS 97.959,another person may not make, amend or re-voke the gift of the donor’s body or body partunder ORS 97.967.

(4) A revocation of an anatomical gift ofa donor’s body or body part under ORS97.959 by a person other than the donor doesnot prohibit another person from making ananatomical gift of the body or body part un-der ORS 97.957 or 97.967.

(5) In the absence of an express, contraryindication by the donor or other person au-thorized to make an anatomical gift underORS 97.955, an anatomical gift of a body partis neither a refusal to give another body partnor a limitation on the making of an ana-

tomical gift of another body part at a latertime by the donor or other person.

(6) In the absence of an express, contraryindication by the donor or other person au-thorized to make an anatomical gift underORS 97.955, an anatomical gift of a body partfor one or more of the purposes set forth inORS 97.955 is not a limitation on the makingof an anatomical gift of the body part for anyof the other purposes by the donor or otherperson under ORS 97.957 or 97.967. [2007 c.681§7; 2009 c.106 §4; 2011 c.61 §2]

Note: See note under 97.951.97.964 [1995 c.717 §8; 2005 c.505 §5; repealed by 2007

c.681 §31]

97.965 Persons authorized to makeanatomical gift of body or body part ofdecedent. (1) Subject to subsections (2) and(3) of this section and unless prohibited byORS 97.961 or 97.963, an anatomical gift ofa decedent’s body or body part for purposeof transplantation, therapy, research or edu-cation may be made by any member of thefollowing classes of persons who is reason-ably available, in the following order:

(a) An agent of the decedent at the timeof death who could have made an anatomicalgift under ORS 97.955 (2)(b) immediately be-fore the decedent’s death;

(b) The spouse of the decedent;(c) An adult child of the decedent;(d) A parent of the decedent;(e) An adult sibling of the decedent;(f) An adult grandchild of the decedent;(g) A grandparent of the decedent;(h) An adult who exhibited special care

and concern for the decedent;(i) A guardian of the decedent at the time

of death; or(j) Any other person having the authority

to dispose of the decedent’s body.(2) If there is more than one member of

a class listed in subsection (1) of this sectionentitled to make an anatomical gift, an ana-tomical gift may be made by a member of theclass unless that member or a person towhich the gift may pass under ORS 97.969knows of an objection by another member ofthe class. If an objection is known, the giftmay be made only by a majority of the mem-bers of the class who are reasonably avail-able.

(3) A person may not make an anatomicalgift if, at the time of the decedent’s death, aperson in a prior class under subsection (1)of this section is reasonably available tomake or to object to the making of an ana-tomical gift. [2007 c.681 §8]




97.966 [Formerly 97.295; 2007 c.681 §30; renumbered97.984 in 2007]

97.967 Methods for making, amendingor revoking anatomical gift of body orbody part of decedent by authorized per-son. (1) A person authorized to make an an-atomical gift under ORS 97.965 may make ananatomical gift by a document of gift signedby the person making the gift or by thatperson’s oral communication that is elec-tronically recorded or is contemporaneouslyreduced to a record and signed by the indi-vidual receiving the oral communication.

(2) Subject to subsection (3) of this sec-tion, an anatomical gift by a person author-ized under ORS 97.965 may be amended orrevoked orally or in a record by any memberof a prior class who is reasonably available.If more than one member of the prior classis reasonably available, the gift made by aperson authorized under ORS 97.965 may be:

(a) Amended only if a majority of thereasonably available members agree toamendment of the gift; or

(b) Revoked only if a majority of thereasonably available members agree to therevocation of the gift or if they are equallydivided as to whether to revoke the gift.

(3) A revocation under subsection (2) ofthis section is effective only if, before anincision has been made to remove a bodypart from the donor’s body or before invasiveprocedures have begun to prepare the recipi-ent, the procurement organization, transplanthospital, physician or technician knows ofthe revocation. [2007 c.681 §9]

Note: See note under 97.951.97.968 [Formerly 97.300; renumbered 97.985 in 2007]

97.969 Authorized recipients of ana-tomical gifts; purposes for which giftmay be used. (1) An anatomical gift may bemade to the following persons named in thedocument of gift:

(a) A hospital, accredited medical school,dental school, college, university, organ pro-curement organization or other appropriateperson, for research or education;

(b) Subject to subsection (2) of this sec-tion, an individual designated by the personmaking the anatomical gift if the individualis the recipient of the body part; or

(c) An eye bank or tissue bank.(2) If an anatomical gift to an individual

under subsection (1)(b) of this section cannotbe transplanted into the individual, the bodypart passes in accordance with subsection (7)of this section in the absence of an express,contrary indication by the person making theanatomical gift.

(3) If an anatomical gift of one or morespecific body parts or of all body parts is

made in a document of gift that does notname a person described in subsection (1) ofthis section but identifies the purpose forwhich an anatomical gift may be used, thefollowing rules apply:

(a) If the body part is an eye and the giftis for the purpose of transplantation or ther-apy, the gift passes to the appropriate eyebank.

(b) If the body part is tissue and the giftis for the purpose of transplantation or ther-apy, the gift passes to the appropriate tissuebank.

(c) If the body part is an organ and thegift is for the purpose of transplantation ortherapy, the gift passes to the appropriateorgan procurement organization as custodianof the organ.

(d) If the body part is an organ, an eyeor tissue and the gift is for the purpose ofresearch or education, the gift passes to theappropriate procurement organization.

(4) For the purposes of subsection (3) ofthis section, if there is more than one pur-pose of an anatomical gift set forth in thedocument of gift but the purposes are not setforth in any priority, the gift must be usedfor transplantation or therapy, if suitable. Ifthe gift cannot be used for transplantationor therapy, the gift may be used for researchor education.

(5) If an anatomical gift of one or morespecific body parts is made in a document ofgift that does not name a person described insubsection (1) of this section and does notidentify the purpose of the gift, the gift maybe used only for transplantation or therapy,and the gift passes in accordance with sub-section (7) of this section.

(6) If a document of gift specifies only ageneral intent to make an anatomical gift bywords such as “donor,” “organ donor” or“body donor” or by a symbol or statement ofsimilar import, the gift may be used only fortransplantation or therapy, and the giftpasses in accordance with subsection (7) ofthis section.

(7) For purposes of subsections (2), (5)and (6) of this section, the following rulesapply:

(a) If the body part is an eye, the giftpasses to the appropriate eye bank.

(b) If the body part is tissue, the giftpasses to the appropriate tissue bank.

(c) If the body part is an organ, the giftpasses to the appropriate organ procurementorganization as custodian of the organ.

(8) An anatomical gift of an organ fortransplantation or therapy, other than ananatomical gift under subsection (1)(b) of this



section, passes to the organ procurement or-ganization as custodian of the organ.

(9) If an anatomical gift does not passpursuant to subsections (1) to (8) of this sec-tion or the decedent’s body or body part isnot used for transplantation, therapy, re-search or education, custody of the body orbody part passes to the person under obli-gation to dispose of the body or body part.

(10) A person may not accept an anatom-ical gift if the person knows that the gift wasnot effectively made under ORS 97.957 or97.967 or if the person knows that the dece-dent made a refusal under ORS 97.961 thatwas not revoked. For purposes of this sub-section, if a person knows that an anatomicalgift was made on a document of gift, theperson is deemed to know of any amendmentor revocation of the gift or any refusal tomake an anatomical gift on the same docu-ment of gift.

(11) Except as otherwise provided in sub-section (1)(b) of this section, ORS 97.951 to97.982 do not affect the allocation of organsfor transplantation or therapy. [2007 c.681 §10]


97.970 Search for document of ana-tomical gift or refusal; duty to send doc-ument or refusal to hospital. (1) Thefollowing persons shall make a reasonablesearch of an individual who the persons rea-sonably believe is dead or near death for adocument of gift or other information identi-fying the individual as a donor or as an in-dividual who made a refusal:

(a) A law enforcement officer, firefighter,emergency medical services provider or otheremergency rescuer finding the individual;and

(b) If no other source of the informationis immediately available, a hospital, as soonas practicable after the individual’s arrivalat the hospital.

(2) If a document of gift or a refusal tomake an anatomical gift is located by thesearch required by subsection (1)(a) of thissection and the individual or deceased indi-vidual to whom it relates is taken to a hos-pital, the person responsible for conductingthe search shall send the document of gift orthe refusal to the hospital.

(3) A person is not subject to criminal orcivil liability for failing to discharge the du-ties imposed by this section but may be sub-ject to administrative sanctions. [2007 c.681 §11;2011 c.703 §22]


97.971 Delivery of document of gift orrefusal not required; right to examine. (1)A document of gift need not be deliveredduring the donor’s lifetime to be effective.

(2) Upon or after an individual’s death, aperson in possession of a document of gift ora refusal to make an anatomical gift withrespect to the individual shall allow exam-ination and copying of the document of giftor the refusal by a person authorized tomake or object to the making of an anatom-ical gift with respect to the individual or bya person to whom the gift could pass underORS 97.969. [2007 c.681 §12]


97.972 Rights and duties of procure-ment organizations and others; author-ized examinations. (1) When a hospitalrefers an individual at or near death to aprocurement organization, the organizationshall make a reasonable search of the re-cords of the Department of Transportationand any donor registry that it knows existsfor the geographical area in which the indi-vidual resides to ascertain whether the indi-vidual has made an anatomical gift.

(2) A procurement organization must beallowed reasonable access to information inthe records of the Department of Transpor-tation to ascertain whether an individual ator near death is a donor.

(3) When a hospital refers an individualat or near death to a procurement organiza-tion, the organization may conduct any rea-sonable examination necessary to ensure themedical suitability of a body part that is orcould be the subject of an anatomical gift fortransplantation, therapy, research or educa-tion from a donor or a prospective donor.During the examination period, measuresnecessary to ensure the medical suitabilityof the body part may not be withdrawn un-less the hospital or procurement organizationknows that the individual expressed a con-trary intent.

(4)(a) Unless otherwise prohibited by law,at any time after a donor’s death, the personto whom a body part passes under ORS97.969 may conduct any reasonable examina-tion necessary to ensure the medical suit-ability of the body or body part for itsintended purpose.

(b) A transplant hospital may not deny arecipient from receiving an anatomical giftexclusively on the basis that the recipient isa registry identification cardholder as de-fined in ORS 475B.791.

(5) Unless otherwise prohibited by law,an examination under subsection (3) or (4)(a)of this section may include an examinationof all medical and dental records of the do-nor or prospective donor.

(6) Upon the death of a minor who wasa donor or had signed a refusal, unless aprocurement organization knows the minoris emancipated, the procurement organiza-



tion shall conduct a reasonable search forthe parents of the minor and provide theparents with an opportunity to revoke oramend the anatomical gift or revoke the re-fusal.

(7) Upon referral by a hospital undersubsection (1) of this section, a procurementorganization shall make a reasonable searchfor any person listed in ORS 97.965 havingpriority to make an anatomical gift on behalfof a prospective donor. If a procurement or-ganization receives information that an ana-tomical gift to any other person was made,amended or revoked, it shall promptly advisethe other person of all relevant information.

(8) Subject to ORS 97.969 (9) and 97.980,the rights of the person to whom a body partpasses under ORS 97.969 are superior to therights of all others with respect to the bodypart. The person may accept or reject an an-atomical gift in whole or in part. Subject tothe terms of the document of gift and ORS97.951 to 97.982, a person who accepts ananatomical gift of an entire body may allowembalming, burial or cremation and use ofremains in a funeral service. If the gift is ofa body part, the person to whom the bodypart passes under ORS 97.969, upon thedeath of the donor and before embalming,burial or cremation, shall cause the bodypart to be removed without unnecessarymutilation.

(9) Neither the physician who attends thedecedent at death nor the physician who de-termines the time of the decedent’s deathmay participate in the procedures for remov-ing or transplanting a body part from thedecedent.

(10) A physician or technician may re-move from the body of a donor a donatedbody part that the physician or technician isqualified to remove. [2007 c.681 §13; subsection(4)(b) of 2015 Edition enacted as 2015 c.844 §8]


97.973 Coordination of procurementand use of anatomical gifts. Each hospitalin this state shall enter into agreements oraffiliations with procurement organizationsfor coordination of procurement and use ofanatomical gifts. [2007 c.681 §14]


97.974 Immunity of persons acting inaccordance with ORS 97.951 to 97.982. (1)A person who acts in accordance with ORS97.951 to 97.982 or with the applicable ana-tomical gift law of another state, or attemptsin good faith to do so, is not liable for theact in a civil action, criminal prosecution oradministrative proceeding.

(2) Neither the person making an ana-tomical gift nor the donor’s estate is liable

for any injury or damage that results fromthe making or use of the gift.

(3) In determining whether an anatomicalgift has been made, amended or revoked un-der ORS 97.951 to 97.982, a person may relyupon representations of an individual listedin ORS 97.965 (1)(b), (c), (d), (e), (f), (g) or (h)relating to the individual’s relationship tothe donor or prospective donor unless theperson knows that the representation is un-true. [2007 c.681 §15]

Note: See note under 97.951.97.975 [Formerly 97.930; renumbered 97.987 in 2007]

97.976 Law governing validity of doc-ument of gift; presumption of validity. (1)A document of gift is valid if executed inaccordance with:

(a) ORS 97.951 to 97.982;(b) The laws of the state or country

where it was executed; or(c) The laws of the state or country

where the person making the anatomical giftwas domiciled, had a place of residence orwas a national at the time the document ofgift was executed.

(2) If a document of gift is valid underthis section, the law of this state governs theinterpretation of the document of gift.

(3) A person may presume that a docu-ment of gift or amendment of an anatomicalgift is valid unless that person knows that itwas not validly executed or was revoked.[2007 c.681 §16]


97.977 Donor registry; duty of Depart-ment of Transportation to cooperate withdonor registry. (1)(a) The Oregon HealthAuthority may allow an organ procurementorganization to establish a donor registry.

(b) Only one donor registry may be es-tablished within this state.

(c) The donor registry shall comply withsubsections (3) and (4) of this section.

(2) The Department of Transportationshall:

(a) Cooperate with a person who admin-isters the donor registry established undersubsection (1) of this section for the purposeof transferring to the donor registry all rele-vant information regarding a donor’s making,amending or revoking an anatomical gift.

(b) When requested by the organ pro-curement organization that has establishedthe donor registry in this state, the depart-ment shall electronically transfer to the or-gan procurement organization the name,address, birthdate and donor designationlisted on the driver license or identificationcard of a person designated as a donor. Theorgan procurement organization shall treat



the information transferred from the depart-ment as confidential and may use the infor-mation only to expedite the making ofanatomical gifts authorized by the donor.

(3) The donor registry must:(a) Allow a donor or other person au-

thorized under ORS 97.955 to include on thedonor registry a statement or symbol thatthe donor has made, amended or revoked ananatomical gift;

(b) Be accessible to a procurement or-ganization to allow the procurement organ-ization to obtain relevant information on thedonor registry to determine, at or near deathof the donor or a prospective donor, whetherthe donor or prospective donor has made,amended or revoked an anatomical gift; and

(c) Be accessible for purposes of thissubsection seven days a week on a 24-hourbasis.

(4) Personally identifiable information onthe donor registry about a donor or prospec-tive donor may not be used or disclosedwithout the express consent of the donor,prospective donor or person who made theanatomical gift for any purpose other than todetermine, at or near death of the donor orprospective donor, whether the donor or pro-spective donor has made, amended or re-voked an anatomical gift. [2007 c.681 §17; 2009c.595 §64]


97.978 Resolution of conflict betweenpotential anatomical gift and advance di-rective. (1) As used in this section:

(a) “Advance directive” has the meaninggiven that term in ORS 127.505.

(b) “Declaration” means a record signedby a prospective donor specifying the cir-cumstances under which a life support sys-tem may be withheld or withdrawn from theprospective donor.

(c) “Health care decision” means any de-cision regarding the health care of a pro-spective donor.

(2) If a prospective donor has a declara-tion or advance directive and the terms ofthe declaration or advance directive and theexpress or implied terms of a potential ana-tomical gift are in conflict regarding admin-istration of measures necessary to ensure themedical suitability of a body part for trans-plantation, therapy, research or education,the prospective donor and the prospectivedonor’s attending physician shall confer toresolve the conflict.

(3) If the prospective donor is incapableof resolving the conflict, one of the followingpersons shall act for the prospective donorto resolve the conflict:

(a) An agent acting under the prospectivedonor’s declaration or advance directive; or

(b) If an agent is not named in the dec-laration or advance directive or the agent isnot reasonably available, another person au-thorized by law, other than in ORS 97.951 to97.982, to make health care decisions for theprospective donor.

(4) The conflict must be resolved as ex-peditiously as possible.

(5) Information relevant to the resolutionof the conflict may be obtained from the ap-propriate procurement organization and anyperson authorized under ORS 97.965 to makean anatomical gift for the prospective donor.

(6) During the resolution of the conflict,measures necessary to ensure the medicalsuitability of the body part may not be with-held or withdrawn from the prospective do-nor unless withholding or withdrawing themeasures is medically indicated by appropri-ate end of life care. [2007 c.681 §18]


97.979 Cooperation between medicalexaminer and procurement organization.(1) A medical examiner shall cooperate withprocurement organizations to maximize theopportunity to recover anatomical gifts forthe purpose of transplantation, therapy, re-search or education.

(2) Subject to ORS 97.980, if a medicalexaminer receives notice from a procurementorganization that an anatomical gift mightbe available or was made with respect to adecedent whose body is under the jurisdic-tion of the medical examiner and a post-mortem examination is going to beperformed, the medical examiner or designeeshall conduct a post-mortem examination ofthe body or the body part in a manner andwithin a period compatible with its preserva-tion for the purposes of the gift.

(3) A body part may not be removed fromthe body of a decedent under the jurisdictionof a medical examiner for transplantation,therapy, research or education unless thebody part is the subject of an anatomical gift.The body of a decedent under the jurisdictionof the medical examiner may not be deliveredto a person for research or education unlessthe body is the subject of an anatomical gift.This subsection does not preclude a medicalexaminer from performing the medicolegalinvestigation upon the body or body parts ofa decedent under the jurisdiction of themedical examiner. [2007 c.681 §19]


97.980 Facilitation of anatomical giftfrom decedent whose body is under juris-diction of medical examiner. (1) Upon re-quest of a procurement organization, a



medical examiner shall release to the pro-curement organization the name, contact in-formation and available medical and socialhistory of a decedent whose body is underthe jurisdiction of the medical examiner. Ifthe decedent’s body or body part is medicallysuitable for transplantation, therapy, re-search or education, the medical examinershall release post-mortem examination re-sults to the procurement organization. Theprocurement organization may make a sub-sequent disclosure of the post-mortem exam-ination results or other information receivedfrom the medical examiner only if relevantto transplantation, therapy, research or edu-cation.

(2) The medical examiner may conduct amedicolegal examination by reviewing allmedical records, laboratory test results, X-rays, other diagnostic results and other in-formation that any person possesses about adonor or prospective donor whose body isunder the jurisdiction of the medical exam-iner that the medical examiner determinesmay be relevant to the investigation.

(3) A person who has any informationrequested by a medical examiner pursuant tosubsection (2) of this section shall providethat information as expeditiously as possibleto allow the medical examiner to conduct themedicolegal investigation within a periodcompatible with the preservation of bodyparts for the purpose of transplantation,therapy, research or education.

(4) If an anatomical gift has been ormight be made of a body part of a decedentwhose body is under the jurisdiction of themedical examiner and a post-mortem exam-ination is not required, or the medical exam-iner determines that a post-mortemexamination is required but that the recov-ery of the body part that is the subject of ananatomical gift will not interfere with theexamination, the medical examiner and pro-curement organization shall cooperate in thetimely removal of the body part from the de-cedent for the purpose of transplantation,therapy, research or education.

(5) If an anatomical gift of a body partfrom the decedent under the jurisdiction ofthe medical examiner has been or might bemade, but the medical examiner initially be-lieves that the recovery of the body partcould interfere with the post-mortem investi-gation into the decedent’s cause or mannerof death, the medical examiner shall consultwith the procurement organization, or physi-cian or technician designated by the pro-curement organization, about the proposedrecovery. The procurement organization shallprovide the medical examiner with all of theinformation that the procurement organiza-

tion possesses that could relate to thedecedent’s cause or manner of death.

(6)(a) The medical examiner and the pro-curement organization may enter into anagreement establishing protocols and proce-dures governing their relationship when:

(A) An anatomical gift of a body partfrom a decedent whose body is under the ju-risdiction of the medical examiner has beenor might be made; and

(B) The medical examiner believes thatthe recovery of the body part could interferewith the post-mortem investigation into thedecedent’s cause or manner of death or thedocumentation or preservation of evidence.

(b) A decision regarding the recovery ofthe body part from the decedent shall bemade in accordance with the agreement.

(c) The medical examiner and the pro-curement organization shall evaluate the ef-fectiveness of the agreement at regularintervals but not less frequently than everytwo years.

(7)(a) In the absence of an agreement es-tablishing protocols and procedures govern-ing the relationship between the medicalexaminer and the procurement organizationwhen an anatomical gift of an eye or tissuefrom a decedent whose body is under the ju-risdiction of the medical examiner has beenor might be made, and following the consul-tation under subsection (5) of this section,the medical examiner may delay the recoveryof the eye or tissue until after the collectionof evidence or the post-mortem examination,in order to preserve and collect evidence, tomaintain a proper chain of custody and toallow an accurate determination of thedecedent’s cause or manner of death.

(b) When a determination to delay therecovery of an eye or tissue is made, everyeffort possible shall be made by the medicalexaminer to complete the collection of evi-dence or the post-mortem examination in atimely manner compatible with the preserva-tion of the eye or tissue for the purpose oftransplantation, therapy, research or educa-tion.

(c) The collection of evidence or thepost-mortem examination shall occur duringthe normal business hours of the medical ex-aminer and, when possible and practicable,at times other than the normal businesshours of the medical examiner.

(d) If the collection of evidence or thepost-mortem examination occurs at timesother than the normal business hours of themedical examiner, the procurement organiza-tion shall reimburse the medical examiner amutually agreed-upon reasonable fee.



(8) If the medical examiner denies or de-lays recovery under subsection (6) or (7) ofthis section, the medical examiner shall:

(a) Explain in a record the specific rea-sons for not allowing or for delaying recov-ery of the body part;

(b) Include the specific reasons in therecords of the medical examiner; and

(c) Provide a record with the specificreasons to the procurement organization.

(9) If the medical examiner allows recov-ery of a body part, the procurement organ-ization shall cooperate with the medicalexaminer in any documentation of injuriesand the preservation and collection of evi-dence prior to and during the recovery of thebody part and, upon request of the medicalexaminer, shall cause the physician or tech-nician who removes the body part to providethe medical examiner with a record describ-ing the condition of the body part, a photo-graph and any other information andobservations that would assist in the post-mortem examination. [2007 c.681 §20]


97.981 Purchase or sale of body partsprohibited. (1) Except as otherwise providedin subsection (3) of this section, a personcommits the crime of purchase or sale of abody part for transplantation or therapy ifthe person, for valuable consideration, know-ingly purchases or sells a body part fortransplantation or therapy if removal of thebody part from an individual is intended tooccur after the individual’s death.

(2) Purchase or sale of a body part fortransplantation or therapy is a Class C fel-ony.

(3) A person may charge a reasonableamount for the removal, processing, preser-vation, quality control, storage, transporta-tion, implantation or disposal of a body part.[2007 c.681 §21]


97.982 Alteration of document of ana-tomical gift prohibited. (1) A person com-mits the crime of alteration of a documentof gift if the person, in order to obtain a fi-nancial gain, intentionally falsifies, forges,conceals, defaces or obliterates a documentof gift, an amendment or revocation of adocument of gift or a refusal.

(2) Alteration of a document of gift is aClass C felony. [2007 c.681 §22]


97.983 Relation to Electronic Signa-tures in Global and National CommerceAct. The provisions of ORS 97.951 to 97.982modify, limit and supersede the Electronic

Signatures in Global and National CommerceAct, 15 U.S.C. 7001 et seq., but do not mod-ify, limit or supersede section 101(a) of theElectronic Signatures in Global and NationalCommerce Act, 15 U.S.C. 7001, or authorizeelectronic delivery of any of the notices de-scribed in section 103(b) of the ElectronicSignatures in Global and National CommerceAct, 15 U.S.C. 7003(b) as in effect January1, 2008. [2007 c.681 §23]


ANATOMICAL GIFTS97.984 Liability of executor who car-

ries out anatomical gift. A person namedexecutor who carries out an anatomical giftof the testator made under the provisions ofORS 97.957 before issuance of letters testa-mentary or under a will which is not admit-ted to probate shall not be liable to thesurviving spouse or next of kin for perform-ing acts necessary to carry out the gift of thetestator. [Formerly 97.966]

97.985 Transplants not covered by im-plied warranty. (1) The procuring, process-ing, furnishing, distributing, administering orusing of any part of a human body for thepurpose of injecting, transfusing or trans-planting that part into a human body is nota sales transaction covered by an impliedwarranty under the Uniform CommercialCode or otherwise.

(2) As used in this section, “part” meansorgans or parts of organs, tissues, eyes orparts of eyes, bones, arteries, blood, otherfluids and any other portions of a humanbody. [Formerly 97.968]

FEDERAL AID FOR CEMETERIES97.987 Department of Transportation

use of federal moneys for cemetery care.(1) In addition to any other duties of the De-partment of Transportation, the departmentmay apply for, accept and expend, use ordispose of moneys and property received fromthe federal government for the purpose ofestablishing any program of restoration, care,maintenance and preservation of cemeteries.The department shall administer any fundsreceived pursuant to this section in accor-dance with the conditions established by thefederal government.

(2) In carrying out the provisions of sub-section (1) of this section the Department ofTransportation may contract or consult withany nonprofit corporation established for thepurpose of promoting cemetery care andmaintenance. [Formerly 97.975]



PENALTIES97.990 Penalties. (1) Violation of ORS

97.160 is a Class A misdemeanor.(2) Every officer, agent or employee of

this state or of any county, city or any othermunicipal subdivision thereof who willfullyneglects to notify the State Mortuary andCemetery Board of the existence of a bodyas required by ORS 97.170 to 97.210 or whorefuses to deliver possession of such bodyaccording to the provisions of ORS 97.170 to97.210 or who mutilates or permits any suchbody to be mutilated so that it is not valu-able for anatomical purposes or who refusesor neglects to perform any of the duties en-joined upon the officer, agent or employee byORS 97.170 to 97.210, commits a Class Amisdemeanor.

(3) Violation of ORS 97.520, 97.530 or97.540 is a Class A misdemeanor.

(4) Any person, association or corpo-ration who operates a cemetery, mausoleumor columbarium contrary to the provisionsof ORS 97.020 to 97.040, 97.110 to 97.130,97.145, 97.150, 97.220, 97.310 to 97.360 (1),97.440, 97.510 to 97.560, 97.710, 97.720, 97.810,97.820, 97.830 and 97.840 to 97.846 commits aClass B misdemeanor.

(5)(a) Violation of ORS 97.745 is a ClassC felony.

(b) In addition to any other sentenceprovided by law for criminal violations ofORS 97.745, the judge shall impose a penalty

not to exceed $10,000 on any person con-victed of a criminal violation of ORS 97.745.

(6) In addition to the penalty of subsec-tion (5) of this section, any native Indian ar-tifacts or human remains taken by, or inpossession of, any person sentenced undersubsection (5) of this section and all equip-ment used in the violation may be orderedforfeited by the court in which convictionoccurs, and may be disposed of as the courtdirects. [Subsections (5) to (7) enacted as 1977 c.183§12; subsection (8) enacted as 1977 c.647 §4; 1979 c.420§3; 1983 c.526 §6; 1985 c.198 §5; subsections (5) to (7) re-numbered 127.990 in 1991; subsection (5)(b) of 1995 Edi-tion enacted as 1995 c.543 §3; 2011 c.597 §156; 2015 c.651§5]

97.992 Penalties for ORS 97.937. Vio-lation of any of the provisions of ORS 97.937is a Class A misdemeanor. [Formerly 128.990;2011 c.597 §157]


97.994 Penalties for ORS 97.931, 97.933,97.941 and 97.943. Violation of any of theprovisions of ORS 97.931, 97.933, 97.941 or97.943 is punishable as a Class A misde-meanor. [Formerly 128.991; 2003 c.362 §9]



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