Terms Used In Oregon Statutes > Chapter 307 - Property Subject to Taxation; Exemptions

• Account debtor: means a person obligated on an account, chattel paper or general intangible. See Oregon Statutes 79.0102
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
• Allegation: something that someone says happened.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means an applicant for a loan to construct a small scale local energy project. See Oregon Statutes 470.050
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Base efficiency package: means the package of energy efficiency upgrades or renewable energy projects for a property that, when energy savings, project repayment costs, tax or other incentives, loan offset grants and other relevant economic factors are considered, is estimated to not increase the utility bill of the customer over the loan repayment term. See Oregon Statutes 470.050
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Certificate of limited partnership: means the certificate referred to in ORS § 70. See Oregon Statutes 70.005
• Chambers: A judge's office.
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial establishment: means a place of business:

  (a) Where food is cooked and served;

  (b) That has kitchen facilities adequate for the preparation and serving of meals;

  (c) That has dining facilities adequate for the serving and consumption of meals; and

  (d) That:

  (A) If not a for-profit private club, serves meals to the general public; or

  (B) If a for-profit private club, serves meals to the club's members and guests and complies with any minimum membership and food service requirements established by Oregon Liquor and Cannabis Commission rules. See Oregon Statutes 471.001

• Commercial tort claim: means a claim arising in tort with respect to which:

  (A) The claimant is an organization; or

  (B) The claimant is an individual and the claim:

  (i) Arose in the course of the claimant's business or profession; and

  (ii) Does not include damages arising out of personal injury to or the death of an individual. See Oregon Statutes 79.0102

• Commission: means the Oregon Liquor and Cannabis Commission. See Oregon Statutes 471.001
• Committee: means the Small Scale Local Energy Project Advisory Committee created under ORS § 470. See Oregon Statutes 470.050
• Commodity customer: means a person for which a commodity intermediary carries a commodity contract on its books. See Oregon Statutes 79.0102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consignment: means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

  (A) The merchant:

  (i) Deals in goods of that kind under a name other than the name of the person making delivery;

  (ii) Is not an auctioneer; and

  (iii) Is not generally known by its creditors to be substantially engaged in selling the goods of others;

  (B) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

  (C) The goods are not consumer goods immediately before delivery; and

  (D) The transaction does not create a security interest that secures an obligation. See Oregon Statutes 79.0102

• Consumer transaction: means a transaction in which:

  (i) An individual incurs an obligation primarily for personal, family or household purposes;

  (ii) A security interest secures the obligation; and

  (iii) The collateral is held or acquired primarily for personal, family or household purposes. See Oregon Statutes 79.0102

• Consumer-goods transaction: means a consumer transaction in which:

  (A) An individual incurs an obligation primarily for personal, family or household purposes; and

  (B) A security interest in consumer goods secures the obligation. See Oregon Statutes 79.0102

• Contested case: means a proceeding before an agency:

  (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

  (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

  (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

  (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310

• Continuance: Putting off of a hearing ot trial until a later time.
• Continuation statement: means an amendment of a financing statement which:

  (A) Identifies, by its file number, the initial financing statement to which it relates; and

  (B) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. See Oregon Statutes 79.0102

• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Oregon Statutes 72.1060
• Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, that a partner contributes to a limited partnership in the capacity as a partner. See Oregon Statutes 70.005
• Cooperative: means a cooperative corporation organized under ORS Chapter 62. See Oregon Statutes 470.050
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Dependent: A person dependent for support upon another.
• Director: means the Director of the State Department of Energy appointed under ORS § 469. See Oregon Statutes 470.050
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distilled liquor: includes distilled spirits. See Oregon Statutes 471.001
• Docket: A log containing brief entries of court proceedings.
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Electronic chattel paper: means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. See Oregon Statutes 79.0102
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Eligible federal agency: means a federal agency or public corporation created by the federal government that proposes to use a loan for a small scale local energy project. See Oregon Statutes 470.050
• Eligible state agency: means a state officer, board, commission, department, institution, branch or agency of the state whose costs are paid wholly or in part from funds held in the State Treasury. See Oregon Statutes 470.050
• Energy efficiency and sustainable technology loan: means a loan for a small scale local energy project that is repayable by means of:

  (a) A charge included with the participant's utility customer account billing; or

  (b) An alternative repayment method identified by the department and the borrower and specified in the loan agreement. See Oregon Statutes 470.050

• Energy Project Bond Loan Fund: means the fund established under ORS § 470. See Oregon Statutes 470.050
• Energy Project Supplemental Fund: means the fund established under ORS § 470. See Oregon Statutes 470.050
• Energy Revenue Bond Repayment Fund: means the fund established under ORS § 470. See Oregon Statutes 470.050
• Energy savings projection: means an examination of the energy performance and site characteristics of a property that, at a minimum, identifies:

  (a) A base efficiency package; and

  (b) Any additional optional measures that a customer is able to repay and that the sustainable energy project manager believes to be feasible for the site. See Oregon Statutes 470.050

• Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in ORS § 70. See Oregon Statutes 70.005
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farming operation: means raising, cultivating, propagating, fattening, grazing or any other farming, livestock or aquacultural operation. See Oregon Statutes 79.0102
• File number: means the number assigned to an initial financing statement pursuant to ORS § 79. See Oregon Statutes 79.0102
• Filing office: means an office designated in ORS § 79. See Oregon Statutes 79.0102
• Filing-office rule: means a rule adopted pursuant to ORS § 79. See Oregon Statutes 79.0102
• Final order: means final agency action expressed in writing. See Oregon Statutes 183.310
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign limited partnership: means a partnership formed under laws other than the laws of this state and having as partners one or more general partners and one or more limited partners. See Oregon Statutes 70.005
• Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See Oregon Statutes 70.005
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental unit: means a subdivision, agency, department, county, parish, municipality or other unit of the government of the United States, a state or a foreign country. See Oregon Statutes 79.0102
• Grantor: The person who establishes a trust and places property into it.
• Health-care-insurance receivable: means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided. See Oregon Statutes 79.0102
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intestate: Dying without leaving a will.
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• License: includes the whole or part of any agency permit, certificate, approval, registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession. See Oregon Statutes 183.310
• licensed premises: includes areas outside of a building that the commission has specifically designated as approved for alcoholic beverage service or consumption. See Oregon Statutes 471.001
• Licensee: means any person holding a license issued under this chapter. See Oregon Statutes 471.001
• Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See Oregon Statutes 70.005
• Lineal descendant: Direct descendant of the same ancestors.
• Livestock: means equines, cattle, sheep, goats, llamas, alpacas and swine. See Oregon Statutes 72.1030
• Loan: includes the purchase or other acquisition of evidence of indebtedness and money used for the purchase or other acquisition of evidence of indebtedness. See Oregon Statutes 470.050
• Loan contract: means the evidence of indebtedness and all instruments used in the purchase or acquisition of the evidence of indebtedness. See Oregon Statutes 470.050
• Loan offset grant: means moneys from the Jobs, Energy and Schools Fund that are used to help offset the initial project costs or loan payments for energy efficiency, renewable energy and energy conservation projects. See Oregon Statutes 470.050
• Loan repayment charge: means an amount charged to a utility customer account through on-bill financing as a mechanism for the repayment of an energy efficiency and sustainable technology loan. See Oregon Statutes 470.050
• Malt beverage: means beer, ale, porter, stout and other similar fermented beverages that contain more than one-half of one percent and not more than 16 percent of alcohol by volume and that are brewed or produced from malt, wholly or in part, or from rice, grain, bran, glucose, sugar or molasses as a substitute for malt. See Oregon Statutes 471.001
• Manufacturer: means every person who produces, brews, ferments, manufactures or blends an alcoholic beverage within this state or who imports or causes to be imported into this state an alcoholic beverage for sale or distribution within the state. See Oregon Statutes 471.001
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• monetary obligation: means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. See Oregon Statutes 79.0102
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Municipal corporation: has the meaning given in ORS § 297. See Oregon Statutes 470.050
• Noncash proceeds: means proceeds other than cash proceeds. See Oregon Statutes 79.0102
• Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:

  (i) Owes payment or other performance of the obligation;

  (ii) Has provided property other than the collateral to secure payment or other performance of the obligation; or

  (iii) Is otherwise accountable in whole or in part for payment or other performance of the obligation. See Oregon Statutes 79.0102

• On-bill financing: means a mechanism for collecting the repayment of an energy efficiency and sustainable technology loan through a utility customer account billing system. See Oregon Statutes 470.050
• Optional package: means measures for promoting energy efficiency or the use of renewable energy:

  (a) That are in addition to the measures described in the customer's base efficiency package;

  (b) For which a customer has the ability to repay; and

  (c) That the sustainable energy project manager believes to be feasible for the site. See Oregon Statutes 470.050

• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
• Oregon business: means a sole proprietorship, partnership, company, cooperative, corporation or other form of business entity that is organized or authorized to do business under Oregon law for profit. See Oregon Statutes 470.050
• Oversight: Committee review of the activities of a Federal agency or program.
• Partner: means a limited or general partner. See Oregon Statutes 70.005
• Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of the business of the limited partnership. See Oregon Statutes 70.005
• Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See Oregon Statutes 70.005
• Permittee: means a person holding a permit issued under ORS § 471. See Oregon Statutes 471.001
• Person: means an individual, partnership, limited partnership (domestic or foreign), association or corporation. See Oregon Statutes 70.005
• Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• present sale: means a sale which is accomplished by the making of the contract. See Oregon Statutes 72.1060
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary contractor: means a contractor that:

  (a) Has entered into a contract with an owner of property for which a proposed small scale local energy project will be located;

  (b) Is responsible for the completion of the small scale local energy project;

  (c) Undertakes to complete the small scale local energy project; and

  (d) Is responsible for any subcontractors performing work on the small scale local energy project. See Oregon Statutes 470.050

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proposal: means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to ORS § 79. See Oregon Statutes 79.0102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public organic record: means a record that is available to the public for inspection and is:

  (A) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States that amends or restates the initial record;

  (B) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state that amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

  (C) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States that forms or organizes an organization, any record amending the legislation and any record filed with or issued by the state or the United States that amends or restates the name of the organization. See Oregon Statutes 79.0102

• Public Purpose Fund Administrator: means the entity designated by the Public Utility Commission to administer moneys collected by a company through the public purpose charge described under ORS § 757. See Oregon Statutes 470.050
• Public-finance transaction: means a secured transaction in connection with which:

  (A) Debt securities are issued;

  (B) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

  (C) The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state. See Oregon Statutes 79.0102

• Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
• Secondary obligor: means an obligor to the extent that:

  (A) The obligor's obligation is secondary; or

  (B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Oregon Statutes 79.0102

• Security agreement: means an agreement that creates or provides for a security interest. See Oregon Statutes 79.0102
• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• Small scale local energy program loan: means a loan for a small scale local energy project other than an energy efficiency and sustainable technology loan. See Oregon Statutes 470.050
• Small scale local energy project: means any of the following:

  (a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly uses or enables the use of, by the applicant or another person, renewable resources including, but not limited to, solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, electricity and substitute fuels, to meet a local community or regional energy need in this state. See Oregon Statutes 470.050

• Small Scale Local Energy Project Administration and Bond Sinking Fund: means the fund created under ORS § 470. See Oregon Statutes 470.050
• Small Scale Local Energy Project Loan Fund: means the loan fund created by Article XI-J of the Oregon Constitution and appropriated to the State Department of Energy under ORS § 470. See Oregon Statutes 470.050
• state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Summons: Another word for subpoena used by the criminal justice system.
• Sustainable energy project manager: means the organization responsible for promoting the energy efficiency and sustainable technology loan program or the clean energy deployment program and related incentives for energy efficiency and renewable energy at the neighborhood and community level. See Oregon Statutes 470.050
• Termination statement: means an amendment of a financing statement which:

  (A) Identifies, by its file number, the initial financing statement to which it relates; and

  (B) Indicates either that it is a termination statement or that the identified financing statement is no longer effective. See Oregon Statutes 79.0102

• Testate: To die leaving a will.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transmitting utility: means an organization primarily engaged in the business of:

  (A) Operating a railroad, subway, street railway or trolley bus;

  (B) Transmitting communications electrically, electromagnetically or by light;

  (C) Transmitting goods by pipeline or sewer; or

  (D) Transmitting or producing and transmitting electricity, steam, gas or water. See Oregon Statutes 79.0102

• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Utility service territory: means the allocated territory in which a utility subject to this chapter provides a utility service. See Oregon Statutes 470.050
• Verdict: The decision of a petit jury or a judge.
• Wine: includes fortified wine. See Oregon Statutes 471.001