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 1820
 
                         Senate Bill 187
 
Sponsored by Senator HANNON (at the request of Oregon Bankers
  Association)
 
 
                             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.
 
  Raises costs financial institution may recover when disclosing
financial records.
 
                        A BILL FOR AN ACT
Relating to disclosure of financial records; amending ORS 192.580
  and 192.805.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.580 is amended to read:
  192.580. (1) A financial institution shall have a reasonable
period of time in which to comply with any proper customer
authorization, summons, subpoena or search warrant permitting or
seeking disclosure of financial records. For the purposes of this
section, a 'reasonable period of time' shall in no case be less
than 10 days from the date upon which the financial institution
receives or is served with a customer authorization, summons,
subpoena or search warrant. However, in all cases in which
disclosure is sought pursuant to ORS 192.565, the reasonable
period of time shall be not less than 20 days.
  (2)   { - Prior to - }   { + Before + } making disclosures, a
financial institution may require that the requesting state or
local agency reimburse the financial institution for the
reasonable costs incurred by   { - it - }   { + the financial
institution + } in the course of compliance. These costs include,
but are not limited to, personnel costs, reproduction costs and
travel expenses. The following charges shall be   { - deemed - }
 { +  considered + } reasonable costs:
  (a) Personnel costs,   { - $10 - }   { + $30 + } per hour per
person, computed on the basis of   { - $2.50 - }   { + $7.50 + }
per quarter hour or fraction thereof, for time expended by
personnel of the financial institution in searching, locating,
retrieving, copying and transporting or conveying the requested
material to the place of examination.
  (b) Reproduction costs,   { - 10 cents - }   { + $1 + } per
page, including copies produced by reader and printer
reproduction processes.  Photographs, films and other materials
shall be reimbursed at actual costs.
  (c) Travel expenses,   { - 20 - }   { + 50 + } cents per mile,
plus other actual costs, necessary to transport personnel to
locate and retrieve the information required or requested and to
 
convey the required or requested material to the place of
examination.
  (3) The provisions of subsection (2) of this section shall not
apply in the case of records subpoenaed by a prosecuting attorney
as evidence of the crimes of negotiating a bad check under ORS
165.065, forgery under ORS 165.007 and 165.013, theft by
deception by means of a bad check under ORS 164.085 or fraudulent
use of a credit card under ORS 165.055.
  SECTION 2. ORS 192.805 is amended to read:
  192.805. Before producing any documents or making any
disclosures, a financial institution may require the requesting
person who caused the subpoena to be issued to reimburse the
financial institution for the reasonable costs incurred by the
financial institution in the course of compliance. These costs
shall include but are not limited to personnel costs,
reproduction costs and travel expenses. The following charges
shall be   { - deemed - }  { +  considered + } reasonable costs:
  (1) Personnel costs,   { - $10 - }   { + $30 + } per hour per
person, computed on the basis of   { - $2.50 - }   { + $7.50 + }
per quarter hour or fraction thereof, for time expended by
personnel of the financial institution in searching, locating,
retrieving, copying and transporting or conveying the requested
material to the place of examination.
  (2) Reproduction costs,   { - 10 cents - }   { + $1 + } per
page, including copies produced by reader and printer
reproduction processes.  Photographs, films and other materials
shall be reimbursed at actual cost.
  (3) Travel expenses,   { - 20 - }   { + 50 + } cents per mile,
plus other actual costs, necessary to transport personnel to
locate and retrieve the information required or requested and to
convey the required or requested material to the place of
examination.
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