justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 97 — Rights

ORS 97.820. Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund. (1) Every cemetery authority that operates a cemetery may place its cemetery under endowed care and establish, maintain and operate an endowment care fund. All endowed care funds shall be deposited with and held solely by the trustee or custodian appointed by the cemetery authority. (2) Endowment care and special care funds may be commingled for investment and the income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. The income of the endowment care fund may be used only to finance the care of the cemetery. (3) The cemetery authority shall appoint as sole trustee of the endowment care fund a trust company as defined in ORS 706.008 that is authorized to transact trust business in this state, or an insured institution as defined in ORS 706.008 that is authorized to accept deposits in this state. Such trust company or insured institution shall receive and accept the fund, including any accumulated endowment care fund in existence at the time of its appointment and perform such duties as are agreed upon in the agreement between it and the cemetery authority. An insured institution not qualified to transact trust business in this state may act as custodian of such endowment care fund provided: (a) The duties of the insured institution are essentially custodial or ministerial in nature; and (b) The insured institution invests the funds from such plan only in its own time or savings deposits. (4) The trustee or custodian may resign upon written notice to the cemetery authority or the cemetery authority may remove the trustee or custodian by written notice to it. In case of the resignation or removal of the trustee or custodian, the cemetery authority forthwith shall appoint a successor trustee or custodian and provide for the direct transfer of all endowed care funds and earnings thereon from the former trustee or custodian to the successor trustee or custodian.
ORS Chapter 97 — Rights

ORS 97.823. Prohibitions related to endowment care cemeteries. A person may not, in connection with operating an endowment care cemetery: (1) Employ any device, scheme or artifice to defraud; (2) Knowingly make any untrue statement of a material fact or omit stating a material fact necessary in order to make the statements made, in light of the circumstances under which the statements are made, not misleading; (3) Engage in an act, practice or course of business that operates or would operate as a fraud or deceit upon any person; or (4) Make or file, or cause to be made or filed, to or with the Director of the Department of Consumer and Business Services, a statement, report or document that is known to be false in any material respect or matter. [2019 c.8 5] Note:
ORS Chapter 97 — Rights

ORS 97.825. Suits to enforce endowed care statutes; attorney fees. (1)(a) If the cemetery authority fails to remit to the trustee or trustees, in accordance with the law, the funds herein provided for endowment and special care, or fails to expend the net income from the funds and generally care for and maintain any portion of a cemetery entitled to endowment care, any of the following may bring an action for a mandatory injunction or for an appointment of a receiver to sue for, take charge of and expend the net income: (A) Any three lot owners, or a lot owners next of kin, heir or personal representative whose lots are entitled to endowment care; (B) Any one lot owner, or the lot owners next of kin, heir or personal representative, whose lot is entitled to special care; (C) The district attorney of the county where a lot described in this subsection is located; or (D) A local government with jurisdiction over the county or municipality where a lot described in this subsection is located. (b) The suit may be filed in the circuit court of the county where the cemetery is located in order to compel the cemetery authority or the appointed receiver to make the expenditure of the net income from the endowment care fund for the purposes set out in ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730,
ORS Chapter 97 — Rights

ORS 97.830. Investment and reinvestment of principal of endowed care funds; use and application of income. (1) The principal of all funds for endowed care shall be invested, from time to time reinvested and kept invested. If a trust agreement imposes upon the trustee or custodian the duty to direct the investment or reinvestment of endowed care funds, the trustee or custodian shall perform this duty governed by ORS 130.750 to 130.775. Otherwise, the cemetery authority, governed by ORS 130.750 to 130.775, shall direct the investment and reinvestment of endowed care funds in the time or savings deposits of the custodian bank or savings association. (2) The principal of invested endowed care funds shall never be voluntarily reduced, but shall be maintained separate and distinct by the trustee or custodian from all other funds except that it shall be proper to commingle endowment care funds with special care funds. The payment of charges chargeable against principal under ORS chapter 129 or of other expenses necessarily incurred in the administration of the trust in accordance with subsection (1) of this section shall not constitute a voluntary reduction of principal. The net income earned shall be used solely for the general care and maintenance of the cemetery property entitled to endowment care, as stipulated in the resolution, bylaw and other action or instrument by which the fund was established, and in such manner as the cemetery authority may from time to time determine to be in the best interests of such endowed property. Such net income shall never be used for the improvement or embellishment of undeveloped property offered for sale.
ORS Chapter 97 — Rights

ORS 97.835. Limitation of duties and liability of trustee. The trustee shall have no duty whatsoever to operate, maintain or to supervise the general maintenance of any endowment fund cemetery, and the trustee shall have no duty whatsoever to enforce collection of any of the trust funds either from the purchasers of lots, or from the cemetery authority, and the trustee shall have no duty whatsoever to see to the application of the net income after payment of the net income to the cemetery authority. The trustee shall be entitled to rely without liability upon the affidavit of the cemetery authority showing the amount payable to the trustee as endowment care funds.
ORS Chapter 97 — Rights

ORS 97.840. Cemetery authority authorized to receive and hold gifts of property; disposition of gifts. A cemetery authority which has established an endowment care fund may take, receive and hold any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. Within 30 days of the receipt of such contributions, the cemetery authority shall deposit, with the trustee or custodian of the fund to which the property was contributed, all moneys and all documents or instruments of title or conveyance evidencing the contribution. As soon as practicable, the cemetery authority shall provide for the sale of all property for fair market value and, within 30 days of the receipt of the proceeds thereof, shall deposit the proceeds with the trustee or custodian. The trustee or custodian shall execute all documents necessary to effect the sale, consistent with the purposes of this section. [Amended by 1987 c.295 4]
ORS Chapter 97 — Rights

ORS 97.843. Endowment and special care funds are charitable. The endowment and special care funds and all payments or contributions to them are expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. [Formerly 97.850]
ORS Chapter 97 — Rights

ORS 97.846. Agreements for care. (1) Upon payment of the purchase price, including the amount fixed as a proportionate contribution for endowed care, there may be included in the deed of conveyance, or by separate instrument, an agreement to care, in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution permits. (2) Upon the application of an owner of any plot, and upon the payment by the owner of the amount fixed as a reasonable and proportionate contribution for endowed care, a cemetery authority may enter into an agreement with the owner for the care of the plot of the owner and its appurtenances. [Formerly 97.860]
ORS Chapter 97 — Rights

ORS 97.849. Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery. (1) The Department of Consumer and Business Services may, if a cemetery authority responsible for an endowment care cemetery violates a provision of ORS 97.810 to 97.920 with respect to the endowment care cemetery: (a) Issue an emergency order to suspend or restrict the operations of an endowment care cemetery; or (b) Take other action deemed necessary by the Director of the Department of Consumer and Business Services. (2) After taking an action described in subsection (1) of this section, the director shall promptly provide opportunity for a hearing 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:
ORS Chapter 97 — Rights

ORS 97.850. [Renumbered
ORS Chapter 97 — Rights

ORS 97.852. Receivership of endowment care cemetery. (1) The following may petition the circuit courts of this state for an appointment of receiver for an endowment care cemetery: (a) The Department of Consumer and Business Services; (b) The district attorney of the county where the endowment care cemetery is located; or (c) A local government with jurisdiction over the county or municipality where the endowment care cemetery is located. (2) If a court determines that a receivership is necessary or advisable, the court shall appoint a receiver: (a) To ensure the orderly and proper conduct of an endowment care cemeterys professional business and affairs during or after an administrative proceeding; (b) To protect the publics interest and rights in the business, premises or activities of the endowment care cemetery; (c) Upon a showing of serious and repeated violations of ORS 97.810 to 97.920 demonstrating an inability or unwillingness to comply with the provisions of ORS 97.810 to 97.920; (d) To prevent loss, wasting, dissipation, theft or conversion of assets that should be marshaled and held available for the honoring of obligations under ORS 97.810 to 97.920; or (e) When the court receives proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the endowment care cemetery. (3)(a) A receivership under this section may be temporary or for the winding up and dissolution of a business, as the petitioner may request and as the court determines to be necessary or advisable in the circumstances. (b) Venue of receivership proceedings shall be in the county where the endowment care cemetery is located. The receiver shall be the petitioner or a person nominated by the petitioner and approved by the court. [2019 c.8 3] Note:
ORS Chapter 97 — Rights

ORS 97.860. [Renumbered
ORS Chapter 97 — Rights

ORS 97.865. county or city by filing a written statement indicating such action with the Director of the Department of Consumer and Business Services. The statement shall be in the form prescribed by the director and shall contain the information specified by the director. (2)(a) When a cemetery authority, county or city files a statement described in this section with the director, ORS 97.810 to 97.865 applies to a cemetery controlled or operated by the cemetery authority, county or city beginning on the first day of the fiscal year next following the filing of the statement. (b) ORS 294.035 does not apply to funds held by a county or city under ORS 97.810 to 97.865.
ORS Chapter 97 — Rights

ORS 97.870. Unused and uncared for portions of cemetery declared common nuisances. (1) In all cases where a cemetery authority has owned a site for a cemetery for more than 40 years and has during that period sold lots, subdivisions of lots, pieces or parcels of the cemetery for burial purposes and the grantee or party claiming through the grantee has not used portions of such lots, subdivisions of lots, pieces or parcels of the cemetery for purposes of burial and has not kept them free of weeds or brush, but has allowed them to remain entirely unused for more than 40 years or uncared for and unused for more than 20 years prior to the adoption of the resolution provided for in ORS 97.880, and such lots, subdivisions of lots, pieces and parcels of the cemetery are adjacent to improved parts thereof, and by reason of their uncared-for condition detract from the appearance of the cemetery and interfere with the harmonious improvement thereof, and furnish a place for the propagation of weeds and brush, thereby becoming a menace to adjacent property, such lots, subdivisions of lots, pieces and parcels of such cemetery, which are unused and uncared for as aforesaid, hereby are declared to be a common nuisance and contrary to public policy. (2) The provisions of this section are not applicable to portions of cemeteries which have been or are sold with agreements between the cemetery authority or its successor in interest, or both, and the grantee providing for endowment care, permanent maintenance or free care.
ORS Chapter 97 — Rights

ORS 97.880. Resolution declaring a nuisance. The governing board of a cemetery authority described in ORS 97.870 may adopt a resolution declaring such unused and unimproved portion of its cemetery as is described in ORS 97.870 a common nuisance and an abandoned and unused portion of such cemetery, and may direct its officers to file the complaint described in ORS 97.890. [Amended by 1983 c.740 9]
ORS Chapter 97 — Rights

ORS 97.890. Complaint. (1) Upon the adoption of the resolution described in ORS 97.880 the officers of the cemetery authority may file a complaint in the circuit court for the county in which the cemetery is located against the owners, holders or parties interested in such abandoned portion of its cemetery demanding that the court require such owners, holders or interested parties to keep the premises clear of weeds and brush and in condition in harmony with other lots and, if the owners, holders, or interested parties fail to appear in court and comply with the order of the court, demanding that the court make a judgment declaring such portions of the cemetery a common nuisance, directing the governing board to abate the nuisance by clearing the premises and keeping them clear of weeds and brush, creating a lien upon such lots and parcels in favor of the cemetery authority, providing that the lien be foreclosed and the lots and parcels be sold in the same manner as other sales upon execution are made and authorizing the governing board to become a purchaser thereof on behalf of the cemetery authority. (2) In such suit any number of owners of different lots, subdivisions of lots, pieces or parcels of the cemetery may be included in the one suit. (3) It is a sufficient designation of the property so abandoned and unimproved to give the lot number or portion thereof, or a description of the piece or parcel having no lot number, together with the name of the owner thereof, as appears on the record of the cemetery authority. (4) In addition to the names of the persons that appear on the records of the cemetery authority as the record owners of such unused and unimproved portions of the cemetery, the plaintiff shall include as a defendant in a complaint the following: Also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint.
ORS Chapter 97 — Rights

ORS 97.900. Summons. (1) Summons shall be served upon all owners or holders who are residents of this state in like manner as in service of summons in a civil action if such owners and holders are known to the sheriff in the county in which the cemetery is located. If the defendants are not known to the sheriff, it is sufficient to serve the owners and holders whose names appear on the tax rolls of the county for the year previous to that in which the suit is started. The plaintiff is not required to mail a copy of the summons or complaint to nonresident defendants. (2) All owners and holders of such unimproved lots whose names do not appear on the tax rolls as aforesaid as shown by the return of the sheriff may be served by publication in any legal newspaper published in the county in which the cemetery is located for four consecutive weeks upon return of the sheriff that such owners and holders are not known and cannot be served in the jurisdiction of the sheriff. (3) The published summons shall contain the names of the record owners, as shown by the records of the cemetery authority, and also all other persons unknown claiming any right, title, estate, lien or interest in the unused and unimproved portions of the cemetery described in the complaint, together with a brief description of the lot, or subdivisions of lots, pieces or parcels of the cemetery and a statement setting forth the order and judgment described in ORS 97.890 (1) for which the plaintiff has applied to the court in the complaint. Such summons shall require all parties defendant to appear and show cause why an order should not be made declaring the unused and unimproved portions of the cemeteries to be a common nuisance, directing the cemetery authority to abate the nuisance, creating a lien thereon, providing that it be foreclosed and directing that the unused and unimproved portion of the cemetery be sold within four weeks from and after the date of the first publication thereof.
ORS Chapter 97 — Rights

ORS 97.910. Disuse as prima facie evidence of abandonment. In all cases arising under ORS 97.870 to 97.900, the fact that the owner, holder or interested party, of the unused and unimproved portion of the cemetery has not, for a term of 20 years or more, used the plot and has failed to keep it clear of weeds or brush is prima facie evidence that the owner, holder or interested party has abandoned it.
ORS Chapter 97 — Rights

ORS 97.923. of funds including, but not limited to, acceptance, custodianship, investment and accounting, delivered to it by a certified provider for the benefit of purchasers of preconstruction sales contracts or prearrangement sales contracts. (b) Master trustee does not include a financial institution, as defined in ORS 706.008, that acts solely as a depository under ORS 97.923 to 97.949. (8) Nonguaranteed contract means a written preconstruction sales contract or prearrangement sales contract that guarantees the beneficiary the specific undeveloped space or spaces or funeral or cemetery merchandise or services contained in the contract, when the price of the merchandise and services selected has not been fixed and will be determined by existing prices at the time the merchandise and services are delivered or provided. (9) Prearrangement sales or prearrangement sales contract means any sale, excluding the sale and contemporaneous or subsequent assignment of a life insurance policy or an annuity contract, made to a purchaser, that has as its purpose the furnishing of funeral or cemetery merchandise or services in connection with the final disposition or commemoration of the memory of a dead human body, for use at a time determinable by the death of the person or persons whose body or bodies are to be disposed and where the sale terms require payment or payments to be made at a currently determinable time. (10) Preconstruction sale or preconstruction sales contract means a sale made to a purchaser, for the purpose of furnishing undeveloped interment spaces and when the sale terms require payment or payments to be made at a currently determinable time. (11) Purchaser means a beneficiary or a person acting on behalf of a beneficiary who enters into a prearrangement sales contract or a preconstruction sales contract with a certified provider under which any payment or payments made under the contract are required to be deposited in trust under ORS 97.941. (12) Salesperson means an individual registered under ORS 97.931 and employed by a certified provider to engage in the sale of prearrangement or preconstruction sales contracts on behalf of the certified provider. (13) Sales price means the gross amount paid by a purchaser for a prearrangement sales contract or preconstruction sales contract, excluding sales taxes, credit life insurance premiums and finance charges. (14) Trust means an express trust created under ORS 97.941 whereby a trustee has the duty to administer the amounts specified under ORS 97.941 received under a prearrangement sales contract or a preconstruction sales contract for the benefit of the purchaser of a prearrangement sales contract or preconstruction sales contract. (15) Undeveloped interment spaces or undeveloped spaces means any space to be used for the reception of human remains that is not completely constructed or developed at the time of initial payment. [Formerly 128.400; 2003 c.362 1; 2007 c.661 12; 2012 c.7 1] Note:
ORS Chapter 97 — Rights

ORS 97.925. Purpose. It is the purpose of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 to ensure funds for performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral or cemetery merchandise or services, and through preconstruction sales contracts for undeveloped interment spaces. It is also the purpose of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 to provide for the certification or registration of entities selling, offering for sale, administering or providing merchandise or services to fulfill prearrangement sales contracts and preconstruction sales contracts, the creation and administration of prearrangement sales contract and preconstruction sales contract trust funds, the disbursement and allocation of trust funds upon the certified providers performance of its contractual obligations and the protection for the purchaser upon the certified providers default. [Formerly 128.405; 2007 c.661 13; 2012 c.7 2] Note: See note under
ORS Chapter 97 — Rights

ORS 97.926. Rulemaking authority. The Director of the Department of Consumer and Business Services may adopt rules that are necessary or appropriate to: (1) Protect purchasers of prearrangement sales contracts and preconstruction sales contracts and the public; and (2) Administer ORS 97.923 to 97.949. [2007 c.661 25] Note: See note under
ORS Chapter 97 — Rights

ORS 97.927. Applicability of ORS 97.923 to 97.949. (1) ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 do not apply to a nonprofit memorial society charging less than a $100 membership fee. (2) Notwithstanding subsection (1) of this section, ORS 97.937 applies to a nonprofit memorial society charging less than a $100 membership fee. [Formerly 128.407; 2003 c.362 2; 2007 c.661 14; 2012 c.7 3] Note: See note under