71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 3917
 
LC 3697/HB 3917-A8
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3917
 
             By COMMITTEE ON RULES AND REDISTRICTING
 
                             June 19
 
  On page 1 of the printed A-engrossed bill, line 2, after '
646.608' delete the rest of the line and insert ', 646.638 and
697.005.'.
  In line 5, before the period insert 'from a manufactured
dwelling dealer'.
  After line 5, insert:
  ' (b) 'Cash sale price' means the price for which a
manufactured dwelling dealer would sell to a buyer, and the buyer
would buy from a dealer, a manufactured dwelling that is covered
by a purchase agreement, if the sale were a sale for cash instead
of a retail installment sale.'.
  In line 6, delete '(b)' and insert '(c)'.
  Delete line 7 and insert:
  ' (d) 'Manufactured dwelling dealer' means a vehicle dealer
issued a certificate under ORS 822.020 who sells a manufactured
dwelling.
  ' (e) 'Retail installment sale' has the meaning given that term
in ORS 83.510.'.
  In line 8, delete 'person' and insert 'manufactured dwelling
dealer'.
  In line 9, delete 'person' and insert 'dealer'.
  Delete lines 10 through 18 and insert:
  ' (a) Misrepresents to a buyer that, as a condition of
financing, the buyer must purchase:
  ' (A) Credit life insurance;
  ' (B) Credit disability insurance;
  ' (C) Credit unemployment insurance;
  ' (D) Credit property insurance;
  ' (E) Health insurance;
  ' (F) Life insurance; or
  ' (G) An extended warranty.'.
  In line 19, delete '(d)' and insert '(b)'.
  On page 6, after line 26, insert:
  '  { +  SECTION 5. + } ORS 697.005 is amended to read:
  ' 697.005. As used in ORS 697.005 to 697.095:
  ' (1)(a) 'Collection agency' means:
  ' (A) Any person directly or indirectly engaged in soliciting
claims for collection, or collecting or attempting to collect
claims owed, due or asserted to be owed or due to another person
or to a public body;
  ' (B) Any person who directly or indirectly furnishes, attempts
to furnish, sells or offers to sell forms represented to be a
collection system even though the forms direct the debtor to make
payment to the creditor and even though the forms may be or are
actually used by the creditor in the creditor's own name;
  ' (C) Any person who in attempting to collect or in collecting
the person's own claim uses a fictitious name or any name other
than the person's own that indicates to the debtor that a third
person is collecting or attempting to collect the claim;
 
  ' (D) Any person in the business of engaging in the
solicitation of the right to repossess or in the repossession of
collateral security due or asserted to be due to another person;
or
  ' (E) Any person who in the collection of claims from another
person:
  ' (i) Uses any name other than the name regularly used in the
conduct of the business out of which the claim arose; and
  ' (ii) Engages in any action or conduct that tends to convey
the impression that a third party has been employed or engaged to
collect the claim.
  ' (b) 'Collection agency' does not include:
  ' (A) Any individual engaged in soliciting claims for
collection, or collecting or attempting to collect claims on
behalf of a registrant under ORS 697.005 to 697.095, if the
individual is an employee of the registrant;
  ' (B) Any individual collecting or attempting to collect claims
for not more than three employers, if all collection efforts are
carried on in the name of the employer and the individual is an
employee of the employer;
  ' (C) Any person who prepares or mails monthly or periodic
statements of accounts due on behalf of another person if all
payments are made to that other person and no other collection
efforts are made by the person preparing the statements of
accounts;
  ' (D) Any attorney-at-law rendering services in the performance
of the duties of an attorney-at-law;
  ' (E) Any licensed certified public accountant or public
accountant rendering services in the performance of the duties of
a licensed certified public accountant or public accountant;
  ' (F) Any bank, mutual savings bank, consumer finance company,
trust company, savings and loan association, credit union or debt
consolidation agency;
  ' (G) Any real estate licensee or escrow agent licensed under
the provisions of ORS chapter 696, as to any collection or
billing activity involving a real estate transaction or
collection escrow transaction of the licensee or escrow agent;
  ' (H) Any individual regularly employed as a credit person or
in a similar capacity by one person, firm or corporation that is
not a collection agency as defined in this section;
  ' (I) Any public officer or any person acting under order of
any court;
  ' (J) Any person acting as a property manager in collecting or
billing for rent, fees, deposits or other sums due landlords of
managed units;
  ' (K) Any person while the person is providing billing
services. A person is providing billing services for the purposes
of this subparagraph if the person engages, directly or
indirectly, in the business or pursuit of collection of claims
for other persons, whether in the other person's name or any
other name, by any means that:
  ' (i) Is an accounting procedure, preparation of mail billing
or any other means intended to accelerate cash flow to the other
person's bank account or to any separate trust account; and
  ' (ii) Does not include any personal contact or contact by
telephone with the person from whom the claim is sought to be
collected;
  ' (L) Any person while the person is providing factoring
services. A person is providing factoring services for the
purposes of this subparagraph if the person engages, directly or
indirectly, in the business or pursuit of:
  ' (i) Lending or advancing money to commercial clients on the
security of merchandise or accounts receivable and then enforcing
collection actions or procedures on such accounts; or
 
 
  ' (ii) Soliciting or collecting on accounts that have been
purchased from commercial clients under an agreement whether or
not the agreement:
  ' (I) Allows recourse against the commercial client;
  ' (II) Requires the commercial client to provide any form of
guarantee of payment of the purchased account; or
  ' (III) Requires the commercial client to establish or maintain
a reserve account in any form;
  ' (M) Any individual employed by another person who operates as
a collection agency if the person does not operate as a
collection agency independent of that employment;
  ' (N) Any mortgage banker as defined in ORS 59.840;
  ' (O) Any public utility, as defined in ORS 757.005, any
telecommunications utility, as defined in ORS 759.005, any
people's utility district, as defined in ORS 261.010, and any
cooperative corporation engaged in furnishing electric or
communication service to consumers;   { - or - }
  ' (P) Any public body or any individual collecting or
attempting to collect claims owed, due or asserted to be owed or
due to any public body, if the individual is an employee of the
public body  { - . - }  { + ; or + }
  '  { +  (Q) Any person for whom the Director of the Department
of Consumer and Business Services determines by order or by rule
that the protection of the public health, safety and welfare does
not require registration with the department as a collection
agency. + }
  ' (2) 'Collection system' means a scheme intended or calculated
to be used to collect claims sent, prepared or delivered by:
  ' (a) A person who in collecting or attempting to collect the
person's own claim uses a fictitious name or any name other than
the person's own that indicates to the debtor that a third person
is collecting or attempting to collect the claim; or
  ' (b) A person directly or indirectly engaged in soliciting
claims for collection, or collecting or attempting to collect
claims owed or due or asserted to be owed or due another person.
  ' (3) 'Claim' means any obligation for the payment of money or
thing of value arising out of any agreement or contract, express
or implied.
  ' (4) 'Client' or 'customer' means any person authorizing or
employing a collection agency to collect a claim.
  ' (5) 'Debtor' means any person owing or alleged to owe a
claim.
  ' (6) 'Debts incurred outside this state' means any action or
proceeding that:
  ' (a) Arises out of a promise, made anywhere to the plaintiff
or a third party for the plaintiff's benefit, by the defendant to
perform services outside of this state or to pay for services to
be performed outside of this state by the plaintiff;
  ' (b) Arises out of services actually performed for the
plaintiff by the defendant outside of this state or services
actually performed for the defendant by the plaintiff outside of
this state, if the performance outside of this state was
authorized or ratified by the defendant;
  ' (c) Arises out of a promise, made anywhere to the plaintiff
or a third party for the plaintiff's benefit, by the defendant to
deliver or receive outside of this state or to send from outside
of this state goods, documents of title or other things of value;
  ' (d) Relates to goods, documents of title or other things of
value sent from outside of this state by the defendant to the
plaintiff or a third person on the plaintiff's order or
direction;
  ' (e) Relates to goods, documents of title or other things of
value actually received outside of this state by the plaintiff
from the defendant or by the defendant from the plaintiff,
without regard to where delivery to carrier occurred; or
 
  ' (f) Where jurisdiction at the time the debt was incurred was
outside of this state.
  ' (7) 'Department' means the Department of Consumer and
Business Services.
  ' (8) 'Director' means the Director of the Department of
Consumer and Business Services.
  ' (9) 'Out-of-state collection agency' means a collection
agency located outside of this state whose activities within this
state are limited to collecting debts incurred outside of this
state from debtors located in this state. As used in this
subsection, 'collecting debts' means collecting by means of
interstate communications, including telephone, mail or facsimile
transmission from the collection agency location in another state
on behalf of clients located outside of this state.
  ' (10) 'Person' includes an individual, firm, partnership,
trust, joint venture, association, limited liability company or
corporation.
  ' (11) 'Public body' means:
  ' (a) The state and any branch, department, agency, board or
commission of the state;
  ' (b) Any city, county, district or other political subdivision
or municipal or public corporation and any instrumentality
thereof; and
  ' (c) Any intergovernmental agency, department, council, joint
board of control created under ORS 190.125 or other like entity,
which is created under ORS 190.003 to 190.130 and which does not
act under the direction and control of any single member
government.
  ' (12) 'Registered' or 'registrant' means any person registered
under ORS 697.005 to 697.095 or registered or licensed as a
collection agency under the laws of another state.
  ' (13) 'Statement of account' means a report setting forth
amounts billed, invoices, credits allowed or aged balance due.'.
  In line 27, delete '5' and insert '6'.
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