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
 
                         House Bill 2212
 
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 as
introduced.
 
  Limits Oregon No Call List database to only telephone numbers
of parties who do not wish to receive telephone solicitations at
listed numbers. 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.
 
                        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 - }
 { + that contains only + } a list of telephone numbers of
parties who do not wish to receive any telephone solicitation at
the listed numbers.   { +  The list shall not include other
information about a party. + } Beginning on the date specified in
the contract between the administrator and the Attorney General
and at least once each month 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.
   { +  (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
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.
  (b) Upon request of a qualified trade association and after
payment of a fee in an amount 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.
  (c) 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) 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) The administrator shall comply with any lawful subpoena or
court order directing disclosure of the list and of any other
information.
  (f) 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.
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