83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1038
Sponsored by Senator THATCHER, Representative CATE; Senator GOLDEN, Representatives GAMBA, MANNIX,
WALLAN
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act, for the part of the state in the Pacific Time Zone, stops the one-hour change
of time in the spring and fall of each year and keeps the zone at standard time year-round if CA and
WA states do the same within 10 years. The Act, for the part of the state in the Pacific Time Zone,
permits the one-hour change of time to remain at daylight saving time year-round if Congress au-
thorizes it and if CA and WA states have daylight saving time year-round, within 10 years. The Act
keeps the part of the state in the Mountain Time Zone unchanged. (Flesch Readability Score: 64.2).
Maintains current time standards in Oregon unless certain conditions are met. For the part of
the state located in the Pacific Time Zone, abolishes the annual one-hour change in time from
standard time to daylight saving time and maintains the Pacific Time Zone portion of Oregon on
standard time for all 12 months of the calendar year, if California and Washington make the same
change within the next 10 years. Restores current time standards if California and Washington do
not make the standard time change within 10 years. Alternatively, for the part of the state located
in the Pacific Time Zone, abolishes the annual one-hour change in time and maintains the Pacific
Time Zone portion of Oregon on daylight saving time for all 12 months of the calendar year, if
Congress enacts a law authorizing states to elect year-round daylight saving time and if California
and Washington establish daylight saving time as the standard of time year-round. Restores current
time standards if Congress fails to authorize daylight saving time or if California and Washington
do not make daylight saving time their year-round standard of time within 10 years. Provides that
standards of time in the Mountain Time Zone portion of Oregon remain unchanged.
1 A BILL FOR AN ACT
2 Relating to standards of time; creating new provisions; amending ORS 86.782; and repealing ORS
3 187.110.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 187.110 is repealed.
6 SECTION 2. The standard of time for the State of Oregon shall be the United States
7 standard of time as established by the Congress of the United States for any particular area
8 of the state under 15 U.S.C. 261, except that from 2 a.m. on the second Sunday in March until
9 2 a.m. on the first Sunday in November the standard of time for any area of this state shall
10 be one hour in advance of the standard established for that particular area by the Congress
11 of the United States under 15 U.S.C. 261. No department of the state government and no
12 county, city or other political subdivision shall employ any other time or adopt any statute,
13 ordinance or order providing for the use of any other standard of time.
14 SECTION 3. If the State of California and the State of Washington have each adopted the
15 standard of time that is the United States standard of time for California and Washington
16 and that does not contain a one-hour advancement of the standard time in those states, then
17 notwithstanding section 2 of this 2025 Act:
18 (1) The standard of time for the State of Oregon shall be the United States standard of
19 time as established by the Congress of the United States for any particular area of the state
20 under 15 U.S.C. 261.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 863
 SB 1038
1 (2) The portion of the State of Oregon that is located in the Pacific Time Zone is exempt
2 from 15 U.S.C. 260a, pursuant to the authority set forth in 15 U.S.C. 260a(a)(2).
3 (3) From 2 a.m. on the second Sunday in March until 2 a.m. on the first Sunday in No-
4 vember the standard of time for the portion of the State of Oregon that is located in the
5 Mountain Time Zone shall be one hour in advance of the standard established for that par-
6 ticular area by the Congress of the United States under 15 U.S.C. 261.
7 (4) No department of the state government and no county, city or other political subdi-
8 vision shall employ any other time or adopt any statute, ordinance or order providing for the
9 use of any other standard of time.
10 SECTION 4. If the Congress of the United States has enacted law authorizing states to
11 adopt standards of time that are one hour in advance of the United States standard of time
12 as established under 15 U.S.C. 261 and that may apply for all 12 months of each calendar
13 year, and if the standard of time for the States of California and Washington is one hour in
14 advance of the United States standard of time for California and Washington for all 12
15 months of each calendar year, then notwithstanding sections 2 and 3 of this 2025 Act:
16 (1) The standard of time for the portion of the State of Oregon that is located in the
17 Pacific Time Zone shall be one hour in advance of the United States standard of time as es-
18 tablished by the Congress of the United States under 15 U.S.C. 261.
19 (2) The standard of time for the portion of the State of Oregon that is located in the
20 Mountain Time Zone shall be:
21 (a) The United States standard of time as established by the Congress of the United
22 States under 15 U.S.C. 261; and
23 (b) From 2 a.m. on the second Sunday in March until 2 a.m. on the first Sunday in No-
24 vember, one hour in advance of the standard established for that area by the Congress of the
25 United States under 15 U.S.C. 261.
26 (3) No department of the state government and no county, city or other political subdi-
27 vision shall employ any other time or adopt any statute, ordinance or order providing for the
28 use of any other standard of time.
29 SECTION 5. If, on December 31, 2035:
30 (1) The standards of time for the State of Oregon are established by section 4 of this 2025
31 Act, sections 2 and 3 of this 2025 Act are repealed.
32 (2) The standards of time for the State of Oregon are established by section 3 of this 2025
33 Act, sections 2 and 4 of this 2025 Act are repealed.
34 (3) The standards of time for the State of Oregon are established by section 2 of this 2025
35 Act, sections 3 and 4 of this 2025 Act are repealed.
36 SECTION 6. ORS 86.782 is amended to read:
37 86.782. (1)(a) A trustee shall hold a trustee’s sale on the date and at the time and place desig-
38 nated in the notice of sale given under ORS 86.764. The designated time of the trustee’s sale must
39 be after 9 a.m. and before 4 p.m., based on the standard of time set forth in [ORS 187.110] Oregon
40 law, and the designated place of the trustee’s sale must be in the county or one of the counties in
41 which the property is situated. Except as provided in paragraph (b) of this subsection, the trustee
42 may sell the property in one parcel or in separate parcels and shall sell the parcel or parcels at
43 auction to the highest bidder for cash. Any person, including the beneficiary under the trust deed,
44 but excluding the trustee, may bid at the trustee’s sale. An attorney for the trustee, or an agent that
45 the trustee or the attorney designates, may conduct the sale and act in the sale as the trustee’s
[2]
 SB 1038
1 auctioneer.
2 (b) If the trustee sells property upon which a single residential unit that is subject to an af-
3 fordable housing covenant is situated, the eligible covenant holder may purchase the property from
4 the trustee at the trustee’s sale for cash or cash equivalent in an amount that is the lesser of:
5 (A) The sum of the amounts payable under ORS 86.794 (1) and (2); or
6 (B) The highest bid received for the property other than a bid from the eligible covenant holder.
7 (c)(A) Except as provided in subparagraph (B) of this paragraph, if an eligible covenant holder
8 purchases the property in accordance with paragraph (b) of this subsection, the sale forecloses and
9 terminates all other interests in the property as provided in ORS 86.797 (1).
10 (B) If an interest in the property exists that is prior to the eligible covenant holder’s interest,
11 other than the interest set forth in the trust deed that was the subject of the foreclosure proceeding
12 under ORS 86.752, notwithstanding the provisions of ORS 86.797 (1) the sale does not foreclose and
13 terminate the prior interest and the eligible covenant holder’s title to the property is subject to the
14 prior interest.
15 (2)(a) The trustee or the attorney for the trustee, or an agent that the trustee or the attorney
16 designates, may postpone the sale for one or more periods that total not more than 180 days from
17 the original sale date, giving notice of each postponement by public proclamation made at the time
18 and place set for sale. The trustee, the attorney or an agent that the trustee or the attorney desig-
19 nates may make the proclamation.
20 (b) If a person postpones the sale date as provided in paragraph (a) of this subsection, the
21 trustee, in the manner provided for the notice of sale under ORS 86.764 (1), shall provide written
22 notice of the new time, date and place for the sale to the grantor and to any person to whom notice
23 of the sale was given under ORS 86.771. The notice must be given at least 15 days before the new
24 sale date. The person may postpone the sale once, for not more than two calendar days, without
25 giving notice as provided in this paragraph. The person may not postpone the sale for more than two
26 calendar days or more than once without giving notice as provided in this paragraph.
27 (3) The purchaser shall pay at the time of sale the price bid or the price determined in accord-
28 ance with subsection (1)(b) of this section, and, within 10 days following payment, the trustee shall
29 execute and deliver the trustee’s deed to the purchaser.
30 (4)(a) Within 10 calendar days after the date of the trustee’s sale, the trustee may rescind the
31 trustee’s sale and void the trustee’s deed only if:
32 (A) The trustee asserts that during the trustee’s sale a bona fide error occurred in:
33 (i) Setting, advertising or otherwise specifying the opening bid amount for the property that is
34 the subject of the trustee’s sale;
35 (ii) Providing a correct legal description of the property that is the subject of the trustee’s sale;
36 or
37 (iii) Complying with a requirement or procedure that is imposed by law;
38 (B) The grantor and the beneficiary agreed to a foreclosure avoidance measure, as defined in
39 ORS 86.707, that would postpone or discontinue the trustee’s sale; or
40 (C) The beneficiary accepted funds to reinstate the trust deed and obligation in accordance with
41 ORS 86.778, even if the beneficiary did not have a legal duty to do so.
42 (b) Within 10 calendar days after the date of the trustee’s sale that the trustee rescinded under
43 paragraph (a) of this subsection, the trustee shall provide notice of the rescission of the trustee’s
44 sale to any person to whom notice of the sale was given. The trustee shall mail or serve notice of
45 the rescission in the manner provided for serving or mailing the notice of sale under ORS 86.764 (1).
[3]
 SB 1038
1 The notice of rescission must:
2 (A) Display the date on which the trustee mailed the notice, served the notice or delivered the
3 notice for service; and
4 (B) State that, and explain why, the trustee rescinded the trustee’s sale and voided the trustee’s
5 deed.
6 (c) Not later than three calendar days after the date displayed on the rescission notice described
7 in paragraph (b) of this subsection, the trustee shall refund to the purchaser the amount the pur-
8 chaser paid for the property that is the subject of the rescission notice.
9 (d) If the trustee rescinded a trustee’s sale and voided a trustee’s deed in accordance with this
10 subsection, the trustee, not later than 21 days after the date of the trustee’s sale that resulted in
11 the rescission, shall present for recording an affidavit that states that the trustee provided the no-
12 tice of rescission described in paragraph (b) of this subsection. The affidavit must identify the trust
13 deed that was subject to the rescinded trustee’s sale and the voided trustee’s deed.
14 (e) The trustee’s deed conveys to the purchaser the interest in the property that the grantor
15 had, or had the power to convey, at the time the grantor executed the trust deed, together with any
16 interest the grantor or the grantor’s successors in interest acquire after the execution of the trust
17 deed.
18 (5)(a) If property purchased at the trustee’s sale includes one or more dwelling units that are
19 subject to ORS chapter 90, the purchaser must provide written notice of the change in ownership
20 to the occupants of each unit within 30 days after the date of sale and before or concurrently with
21 service of a written termination notice authorized by subsection (6)(c)(B) of this section.
22 (b) The notice required by this subsection must:
23 (A) Explain that the dwelling unit has been sold at a foreclosure sale and that the purchaser
24 at the foreclosure sale is the new owner.
25 (B) Include the date on which the foreclosure sale took place.
26 (C) Include the name, contact address and contact telephone number of the purchaser or the
27 purchaser’s representative.
28 (D) Provide information about the rights of bona fide residential tenants as provided in sub-
29 sections (6)(c) and (e) and (9)(a) of this section.
30 (E) Include contact information for the Oregon State Bar and a person or organization that
31 provides legal help to individuals at no charge to the individual.
32 (c) The notice must be served by one or more of the following methods:
33 (A) Personal delivery to the tenant.
34 (B) First class mail to the tenant at the dwelling unit.
35 (C) First class mail to the tenant at the dwelling unit and attachment of a second notice copy.
36 The second notice copy must be attached in a secure manner to the main entrance to the portion
37 of the premises in the possession of the tenant.
38 (D) If the purchaser does not know the names of the tenants, the notice may be addressed to
39 “occupants.”
40 (d) A notice that contains the information required under paragraph (b)(B) and (C) of this sub-
41 section meets the requirements of paragraph (b) of this subsection if the notice is in substantially
42 the following form:
43 _______________________________________________________________________________________
44
45 NOTICE TO RESIDENTIAL TENANTS OF
[4]
 SB 1038
1 CHANGE IN OWNERSHIP
2 The property in which you are living has gone through foreclosure and was sold to a new owner
3 on ________ (date). The contact information for the new owner or the owner’s representative is
4 _____________ (name, address, telephone number).
5
6 IF YOU ARE A BONA FIDE TENANT RENTING THIS PROPERTY AS A RESIDENTIAL
7 DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE
8 FORECLOSURE SALE FOR:
9 • 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF
10 YOU HAVE A FIXED TERM LEASE; OR
11 • AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION
12 NOTICE, IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT.
13 If the new owner wants to move in and use this property as a primary residence, the new owner
14 can give you written notice and require you to move out after 30 days, even though you have a fixed
15 term lease with more than 30 days left.
16 You must be provided with at least 30 days’ written notice after the foreclosure sale before you
17 can be required to move.
18 A bona fide tenant is a residential tenant who is not the borrower (property owner), or a child,
19 spouse or parent of the borrower, and whose rental agreement:
20 • Is the result of an arm’s-length transaction;
21 • Requires the payment of rent that is not substantially less than fair market rent for the
22 property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and
23 • Was entered into prior to the date of the foreclosure sale.
24 IMPORTANT:
25 YOU SHOULD CONTACT THE NEW OWNER OR THE OWNER’S REPRESENTATIVE AT
26 THE ADDRESS LISTED ON THIS NOTICE AS SOON AS POSSIBLE TO LET THE NEW OWNER
27 KNOW IF YOU ARE A BONA FIDE TENANT. YOU SHOULD PROVIDE WRITTEN EVIDENCE
28 OF THE EXISTENCE OF YOUR RENTAL AGREEMENT, ESPECIALLY IF YOU HAVE A FIXED
29 TERM RENTAL AGREEMENT OR LEASE WITH MORE THAN 30 DAYS LEFT. Written evidence
30 of your rental agreement can be a copy of your lease or rental agreement, or other documentation
31 of the existence of your rental agreement. Keep your original documents and a record of any infor-
32 mation you give