71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 705
A-Engrossed
House Bill 2212
Ordered by the House April 18
Including House Amendments dated April 18
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
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.
{ - Limits Oregon No Call List database to only telephone
numbers of parties who do not wish to receive telephone
solicitations at listed numbers. - } { + Changes time period
for updating Oregon No Call List from monthly to quarterly. + }
Prohibits Attorney General { - and administrator of Oregon No
Call List - } from disclosing names and residence addresses of
and methods of fee payment by parties who do not wish to receive
telephone solicitations. { + Permits administrator of Oregon
No Call List to furnish, to specified persons and associations,
separate list of names of parties whose telephone numbers are on
Oregon No Call List. + }
A BILL FOR AN ACT
Relating to list of persons who do not wish to receive telephone
solicitations; amending ORS 646.567 and 646.574.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 646.567 is amended to read:
646.567. As used in ORS 646.567 to 646.578, unless the context
otherwise requires:
(1) 'Charitable organization' means an organization organized
for charitable purposes as defined in ORS 128.801.
{ + (2) 'Information about a party' means information
specific to a party, including but not limited to the name and
residence address of the party and the method by which the party
paid the fee required by ORS 646.574. + }
{ - (2) - } { + (3) + } 'Party' means a residential
telephone customer of a telecommunications company.
{ - (3) - } { + (4) + } 'Qualified trade association' means
an organization with at least the following characteristics:
(a) Written bylaws or governing documents including a code of
conduct for its members; and
(b) Criteria and procedures for expelling or suspending members
who violate the association's bylaws or governing documents.
{ - (4) - } { + (5) + } 'Telephone solicitation' means the
solicitation by telephone by any person of a party at the
residence of the party for the purpose of encouraging the party
to purchase property, goods or services, or make a donation.
'Telephone solicitation' does not include:
(a) Calls made in response to a request or inquiry by the
called party;
(b) Calls made by a charitable organization, a public agency or
volunteers on behalf of the organization or agency to members of
the organization or agency or to persons who have donated or
expressed an interest in donating goods, services or real estate;
(c) Calls limited to polling or soliciting the expression of
ideas, opinions or votes; or
(d) Business to business contacts.
SECTION 2. ORS 646.574 is amended to read:
646.574. (1) The administrator referred to in ORS 646.572 shall
create, maintain and distribute a database containing a list of
telephone numbers of parties who do not wish to receive any
telephone solicitation at the listed numbers. Beginning on the
date specified in the contract between the administrator and the
Attorney General and at least once each { - month - }
{ + quarter + } thereafter, the administrator shall update the
list by:
(a) Adding the numbers of parties who have filed notice and
paid the fee as required in this section; and
(b) Removing the numbers of those parties who have requested
that their numbers be removed or whose listing has expired
without renewal.
(2) A party may file notice together with a fee of $10 per
listed number, or such lesser amount as may be specified in the
contract, with the administrator indicating the party's desire to
place telephone numbers on the list described in subsection (1)
of this section. The notice shall be filed in the form and manner
specified in the contract between the administrator and the
Attorney General. { - The notice shall be effective for the
calendar year in which it is filed and may be renewed by the
filing and payment of an additional notice and fee as specified
in the contract. - } { + The notice is effective for one year
from the date the party files the notice. The party may renew the
notice for additional periods of one year by filing an additional
notice and paying an additional fee by the anniversary of the
original filing date of the notice.
(3) Information about a party is confidential. The Attorney
General may not disclose information about a party. + }
{ - (3) - } { + (4) + } The administrator shall not furnish
the list or { + disclose + } any information about a party to
any person, except as follows:
(a) Upon request of a person engaging or intending to engage in
telephone solicitations and after payment of { - a fee in an
amount - } { + the fees in the amounts + } specified in the
contract between the administrator and the Attorney General, the
administrator shall furnish { - the most recent copy of the
list described in subsection (1) of this section to the person.
The list shall be made available in printed and electronic
form. - } { + to the person:
(A) The most recent copy of the list described in subsection
(1) of this section.
(B) The names of the parties whose telephone numbers are on the
list. + }
(b) Upon request of a qualified trade association and after
payment of { - a fee in an amount - } { + the fees in the
amounts + } specified in the contract between the administrator
and the Attorney General, the administrator shall furnish
{ - the most recent copy of the list described in subsection (1)
of this section to the qualified trade association. The list
shall be made available in printed and electronic form. A
qualified trade association receiving a list under this
subsection may make the list available to its members on any
terms the association and its members may impose. - } { + to
the qualified trade association:
(A) The most recent copy of the list described in subsection
(1) of this section.
(B) The names of the parties whose telephone numbers are on the
list.
(c) A qualified trade association that receives a list or the
names of the parties whose telephone numbers are on the list
under this subsection may make the list or the names available to
its members on any terms the association and its members may
impose. + }
{ - (c) - } { + (d) + } Upon request of the Attorney
General for the purpose of enforcing ORS 646.569, the
administrator shall furnish the Attorney General with all
{ + requested + } information { - requested by the Attorney
General concerning - } { + about + } a party or any person who
the Attorney General believes has engaged in a solicitation
prohibited by ORS 646.569. The administrator shall not charge any
fee for furnishing the information to the Attorney General.
{ - (d) - } { + (e) + } Upon request of any party who has
filed a notice and paid the fee as provided in subsection (2) of
this section, the administrator shall furnish the party with all
{ + requested + } information { - requested by that party
concerning - } { + about + } the party or any person who the
party believes has engaged in a solicitation prohibited by ORS
646.569. The administrator shall not charge any fee for
furnishing the information to the party.
{ - (e) - } { + (f) + } The administrator shall comply with
any lawful subpoena or court order directing disclosure of the
list and of any other information.
{ - (f) - } { + (g) + } The administrator shall provide all
information that may be requested by any successor administrator
who may be selected by the Attorney General. The administrator
shall not charge any fee for furnishing the information to the
successor administrator.
{ - (4) - } { + (5) + } The administrator shall promptly
forward any complaints concerning alleged violations of ORS
646.569 to the Attorney General.
{ - (5) - } { + (6) + } Fees paid to the administrator
under this section shall be considered income to the
administrator in the manner specified in the contract between the
administrator and the Attorney General.
{ + (7) When furnishing the list or names under subsection
(4) of this section, the administrator shall make the information
available in printed and electronic form. + }
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