(1) A surplus is unclaimed property under ORS 98.302 to 98.436. (2)(a) Except as provided in paragraph (b) of this subsection, the governing body of the county shall file the report, and deliver the surplus, in the amount determined under ORS 312.530, to the State Treasurer for deposit, as provided in ORS 98.352. (b) Notwithstanding ORS 98.352 (4), the governing body shall file the report and deliver the surplus within 30 days after the date on which the surplus is determined. (3) The report shall include: (a) The information required under ORS 98.352 (2); and (b) An itemized accounting of all allowable costs charged against the property when determining the surplus under ORS 312.530 (4). (4) The State Treasurer may adopt rules governing the reports required under this section. (5)(a) Except as provided in paragraph (b) of this subsection, no person may maintain an action for damages incurred as a result of the performance of duties or exercise of authority under ORS 312.500 to 312.560 by the State Treasurer or the respective officers, employees or agents of the State Treasurer and the several counties. (b) The immunity provided in paragraph (a) of this subsection does not apply to the liability of any person for damages resulting from gross negligence, fraud or abuse. Note: Section 13, chapter 475, Oregon Laws 2025, provides: Sec. 13. Applicability to new foreclosures. (1) Sections 3 to 6 and 8 to 10 of this 2025 Act [312.500 to 312.560] and the amendments to ORS 98.352, 279A.025, 312.040 and 312.125 by sections 1, 2, 7 and 11 of this 2025 Act apply to claims for which the claimant received notice under ORS 312.125 on or after May 25, 2023. (2) For claims for a surplus that could arise under section 9 of this 2025 Act [312.540] with respect to which the claimant received notice under ORS 312.125 before the effective date of this 2025 Act [September 26, 2025], the notice of a surplus required under section 3 of this 2025 Act [312.550] shall be made within 60 days after the effective date of this 2025 Act. PENALTIES
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