ORS 97.923
Definitions for ORS 97.923 to 97.949


As used in ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) and 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943) unless the context requires otherwise:

(1)

“Beneficiary” means the person who is to receive the funeral and cemetery merchandise, funeral and cemetery services or completed interment spaces.

(2)

“Certified provider” means an entity certified under ORS 97.933 (Certification of provider of prearrangement or preconstruction sales) to:

(a)

Sell or offer for sale prearrangement sales contracts or preconstruction sales contracts;

(b)

Administer prearrangement sales contracts or preconstruction sales contracts; or

(c)

Provide merchandise or services to fulfill prearrangement sales contracts or preconstruction sales contracts.

(3)

“Delivery” occurs when:

(a)

Physical possession of the funeral or cemetery merchandise is transferred to the purchaser; or

(b)

If authorized by a purchaser under a purchase agreement:

(A)

The title to the funeral or cemetery merchandise has been transferred to the purchaser, has been paid for, and is in the possession of the seller, who has documented the sale in the purchaser’s records through use of a serial or other identifying number and placed the merchandise, until needed, for storage on the seller’s premises; or

(B)

The merchandise has been identified for the purchaser or the beneficiary as documented by the manufacturer’s receipt placed by the seller in the purchaser’s records and held by the manufacturer for future delivery.

(4)

“Depository” means a financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), that is authorized to accept deposits in this state or to transact trust business in this state and is not registered as a master trustee.

(5)

“Guaranteed contract” means a written preconstruction sales contract or prearrangement sales contract that guarantees the beneficiary the specific undeveloped space or spaces or funeral and cemetery merchandise or funeral and cemetery services contained in the contract and under which no charges other than the sales price contained in the contract are required upon delivery or performance of the funeral or cemetery merchandise or services, if:

(a)

Required payments have been made as specified in the contract; and

(b)

The balance of payment required by the contract is paid before the death of the beneficiary.

(6)

“Joint trust fund account” means trust funds received by a certified provider from two or more beneficiaries.

(7)

Intentionally left blank —Ed.

(a)

“Master trustee” means an entity that is not a certified provider under ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) and that has fiduciary responsibility for the uniform administration 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 (Additional definitions for Bank Act), that acts solely as a depository under ORS 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of 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 (Prearrangement or preconstruction trust fund deposits).

(12)

“Salesperson” means an individual registered under ORS 97.931 (Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales) 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 (Prearrangement or preconstruction trust fund deposits) whereby a trustee has the duty to administer the amounts specified under ORS 97.941 (Prearrangement or preconstruction trust fund deposits) 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: 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 97.923 — Definitions for ORS 97.923 to 97.949, https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html.

97.010
Definitions
97.020
Exemption of certain organizations and cemeteries from certain sections of chapter
97.030
Vested rights not acquired
97.040
Private family burial grounds
97.082
Consent for certain autopsies
97.110
Human remains not to be attached
97.120
Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990
97.130
Right to control disposition of remains
97.145
Liability for failure to conform to written instrument directing control of remains
97.150
Disposition of cremated remains
97.153
Diagnostic or therapeutic radioisotopes in body
97.160
Duty of hospital or sanitarium to notify before sending remains to undertaker
97.170
Disposition of unclaimed body of deceased person
97.180
Period within which body may not be used or dismembered
97.190
Post-mortem examination of body
97.200
Disposition of remains after use
97.210
Exceptions to application of ORS 97.170 to 97.200
97.220
Disinterment
97.223
Interment or temporary storage of human remains in case of natural disaster or other emergency
97.310
Survey and subdivision of land
97.320
Filing map or plat and declaration of dedication of land to cemetery purposes
97.330
When dedication is complete
97.340
Effect of dedication
97.350
Dedication to cemetery purposes not invalid
97.360
Resurvey and alteration in shape or size
97.370
Fixing date of hearing
97.380
Hearing
97.390
Assessment of benefits and damages
97.400
Disposal of newly created lots
97.410
Right of adjacent lot owner upon vacation of way
97.420
Effect of failure to object
97.430
Declaration of exercise of police power and right of eminent domain
97.440
Removal of dedication
97.445
Vacating county interest in cemetery real property
97.450
Discontinuance of cemetery and removal of remains and markers
97.460
Requirements for establishment of cemetery or burial park
97.510
Sale and conveyance of plots by cemetery authority
97.520
Sale or offer to sell cemetery plot upon promise of resale at financial profit
97.530
Commission, bonus or rebate for sale of plot or services
97.540
Commission, bonus or rebate for recommendation of cemetery
97.550
Plots are indivisible
97.560
Presumption of sole ownership in grantee of plot
97.570
Spouse has vested right of interment
97.580
Divestiture of spouse’s right of interment
97.590
Transfer of plot or right of interment
97.600
Descent of plot
97.610
Determining occupant of burial plot having co-owners
97.620
Death of co-owner
97.630
Family plots
97.640
Waiver or termination of vested right of interment
97.650
Limitations upon vested right of interment
97.660
Lands of cemetery, crematory or reduction corporation
97.665
Revenues
97.670
Selling land unsuited for burials
97.675
Burial lots or space
97.680
Recording plan
97.710
Power of cemetery authority to make rules and regulations
97.720
Record of interments, cremations and reductions
97.725
Disposal of unclaimed burial spaces
97.730
Gifts and bequests in trust for cemeteries
97.740
Definitions for ORS 97.740 to 97.760
97.745
Prohibited acts
97.750
Permitted acts
97.760
Civil action by Indian tribe or member
97.772
Definition of “historic cemetery.”
97.774
Oregon Commission on Historic Cemeteries
97.776
Commission members
97.778
Chairperson
97.780
Duties
97.782
Listing of historic cemeteries
97.784
Executive secretary
97.810
Endowment care and nonendowed care cemeteries
97.813
Standards of care for and public access to endowment care cemeteries
97.820
Placing cemetery under endowed care
97.823
Prohibitions related to endowment care cemeteries
97.825
Suits to enforce endowed care statutes
97.830
Investment and reinvestment of principal of endowed care funds
97.835
Limitation of duties and liability of trustee
97.840
Cemetery authority authorized to receive and hold gifts of property
97.843
Endowment and special care funds are charitable
97.846
Agreements for care
97.849
Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery
97.852
Receivership of endowment care cemetery
97.865
Application of ORS 97.810 to 97.865 to religious, county and city cemeteries
97.870
Unused and uncared for portions of cemetery declared common nuisances
97.880
Resolution declaring a nuisance
97.890
Complaint
97.900
Summons
97.910
Disuse as prima facie evidence of abandonment
97.920
Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien
97.923
Definitions for ORS 97.923 to 97.949
97.925
Purpose
97.926
Rulemaking authority
97.927
Applicability of ORS 97.923 to 97.949
97.928
Prohibitions
97.929
Exceptions to ORS 97.923 to 97.949
97.931
Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales
97.933
Certification of provider of prearrangement or preconstruction sales
97.935
Registration of master trustees
97.936
Emergency orders of suspension or restriction
97.937
Deposit of trust funds made by endowment care cemeteries
97.939
Prearrangement or preconstruction sales contracts
97.941
Prearrangement or preconstruction trust fund deposits
97.942
Appointment of receiver
97.943
Distributions from prearrangement trust fund deposits
97.944
Distributions from preconstruction trust fund deposits
97.945
Funeral and Cemetery Consumer Protection Trust Fund
97.946
Advertising and marketing prohibitions
97.947
Examination of providers and master trustees by director
97.948
Grounds for discipline by director for violation of ORS 97.923 to 97.949
97.949
Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949
97.951
Short title
97.953
Definitions for ORS 97.951 to 97.982
97.955
Purpose of anatomical gift
97.957
Methods of making anatomical gift before death of donor
97.959
Revocation or amendment of anatomical gift by donor or agent or guardian of donor
97.961
Refusal to make anatomical gift
97.963
Effect of making, amending or revoking anatomical gift
97.965
Persons authorized to make anatomical gift of body or body part of decedent
97.967
Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person
97.969
Authorized recipients of anatomical gifts
97.970
Search for document of anatomical gift or refusal
97.971
Delivery of document of gift or refusal not required
97.972
Rights and duties of procurement organizations and others
97.973
Coordination of procurement and use of anatomical gifts
97.974
Immunity of persons acting in accordance with ORS 97.951 to 97.982
97.976
Law governing validity of document of gift
97.977
Donor registry
97.978
Resolution of conflict between potential anatomical gift and advance directive
97.979
Cooperation between medical examiner and procurement organization
97.980
Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner
97.981
Purchase or sale of body parts prohibited
97.982
Alteration of document of anatomical gift prohibited
97.983
Relation to Electronic Signatures in Global and National Commerce Act
97.984
Liability of executor who carries out anatomical gift
97.985
Transplants not covered by implied warranty
97.987
Department of Transportation use of federal moneys for cemetery care
97.990
Penalties
97.992
Penalties for ORS 97.937
97.994
Penalties for ORS 97.931, 97.933, 97.941 and 97.943
Green check means up to date. Up to date