(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. [Amended by 1955 c.545 §3; 1965 c.396 §5; 1985 c.450 §1; 1987 c.295 §2; 1993 c.18 §19; 1993 c.229 §22; 1993 c.318 §11; 1997 c.167 §2; 1997 c.631 §395; 2007 c.661 §6]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 097 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gift
Section 97.020 - Exemption of certain organizations and cemeteries from certain sections of chapter.
Section 97.082 - Consent for certain autopsies; form.
Section 97.130 - Right to control disposition of remains; delegation.
Section 97.150 - Disposition of cremated remains; procedures; notice; limitations on liability.
Section 97.153 - Diagnostic or therapeutic radioisotopes in body.
Section 97.170 - Disposition of unclaimed body of deceased person; rules.
Section 97.200 - Disposition of remains after use.
Section 97.220 - Disinterment.
Section 97.440 - Removal of dedication.
Section 97.450 - Discontinuance of cemetery and removal of remains and markers.
Section 97.460 - Requirements for establishment of cemetery or burial park.
Section 97.510 - Sale and conveyance of plots by cemetery authority.
Section 97.570 - Spouse has vested right of interment.
Section 97.630 - Family plots; order of occupation.
Section 97.665 - Revenues; restrictions on uses of revenue.
Section 97.670 - Selling land unsuited for burials.
Section 97.680 - Recording plan; power to improve and regulate grounds.
Section 97.710 - Power of cemetery authority to make rules and regulations.
Section 97.720 - Record of interments, cremations and reductions; inspection.
Section 97.725 - Disposal of unclaimed burial spaces; notice; form of notice; claims.
Section 97.740 - Definitions for ORS 97.740 to 97.760.
Section 97.745 - Prohibited acts; application; notice.
Section 97.750 - Permitted acts; notice.
Section 97.772 - Definition of "historic cemetery."
Section 97.774 - Oregon Commission on Historic Cemeteries; terms.
Section 97.776 - Commission members; nominations.
Section 97.778 - Chairperson; quorum; meetings.
Section 97.782 - Listing of historic cemeteries; form.
Section 97.784 - Executive secretary; support services.
Section 97.810 - Endowment care and nonendowed care cemeteries.
Section 97.813 - Standards of care for and public access to endowment care cemeteries; rules.
Section 97.823 - Prohibitions related to endowment care cemeteries.
Section 97.825 - Suits to enforce endowed care statutes; attorney fees.
Section 97.846 - Agreements for care.
Section 97.852 - Receivership of endowment care cemetery.
Section 97.865 - Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.
Section 97.870 - Unused and uncared for portions of cemetery declared common nuisances.
Section 97.923 - Definitions for ORS 97.923 to 97.949.
Section 97.926 - Rulemaking authority.
Section 97.927 - Applicability of ORS 97.923 to 97.949.
Section 97.928 - Prohibitions.
Section 97.929 - Exceptions to ORS 97.923 to 97.949.
Section 97.935 - Registration of master trustees; annual reports; rules; annual audits; fees.
Section 97.936 - Emergency orders of suspension or restriction.
Section 97.937 - Deposit of trust funds made by endowment care cemeteries.
Section 97.939 - Prearrangement or preconstruction sales contracts; contents; delivery.
Section 97.941 - Prearrangement or preconstruction trust fund deposits.
Section 97.942 - Appointment of receiver; criteria.
Section 97.943 - Distributions from prearrangement trust fund deposits.
Section 97.944 - Distributions from preconstruction trust fund deposits.
Section 97.945 - Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance.
Section 97.946 - Advertising and marketing prohibitions.
Section 97.953 - Definitions for ORS 97.951 to 97.982.
Section 97.955 - Purpose of anatomical gift; persons authorized to make gift.
Section 97.957 - Methods of making anatomical gift before death of donor.
Section 97.959 - Revocation or amendment of anatomical gift by donor or agent or guardian of donor.
Section 97.961 - Refusal to make anatomical gift; effect of refusal.
Section 97.963 - Effect of making, amending or revoking anatomical gift.
Section 97.965 - Persons authorized to make anatomical gift of body or body part of decedent.
Section 97.969 - Authorized recipients of anatomical gifts; purposes for which gift may be used.
Section 97.971 - Delivery of document of gift or refusal not required; right to examine.
Section 97.972 - Rights and duties of procurement organizations and others; authorized examinations.
Section 97.973 - Coordination of procurement and use of anatomical gifts.
Section 97.974 - Immunity of persons acting in accordance with ORS 97.951 to 97.982.
Section 97.976 - Law governing validity of document of gift; presumption of validity.
Section 97.978 - Resolution of conflict between potential anatomical gift and advance directive.
Section 97.979 - Cooperation between medical examiner and procurement organization.
Section 97.981 - Purchase or sale of body parts prohibited.
Section 97.982 - Alteration of document of anatomical gift prohibited.
Section 97.983 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 97.985 - Transplants not covered by implied warranty.
Section 97.987 - Department of Transportation use of federal moneys for cemetery care.
Section 97.992 - Penalties for ORS 97.937.
Section 97.994 - Penalties for ORS 97.931, 97.933, 97.941 and 97.943.