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 2559
 
                           A-Engrossed
 
                         Senate Bill 846
                 Ordered by the Senate April 17
           Including Senate Amendments dated April 17
 
Sponsored by COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC
  DEVELOPMENT
 
 
                             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.
 
  Changes renewal date of notice to join Attorney General's No
Call List from January 1 to anniversary of original filing
notice.   { +  Excludes certain calls from definition of
telephone solicitation. + }
 
                        A BILL FOR AN ACT
Relating to telephone solicitations; amending ORS 646.569 and
  646.574.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 - }  { + one  + }year   { - in
which it - }   { + from the date the notice  + }is filed and may
be renewed  { + for additional periods of one year  + }by the
filing and payment of an additional notice and fee   { - as
specified in the contract - }   { + by the anniversary of the
original filing date of the notice + }.
 
  (3) The administrator   { - shall - }   { + may + } not furnish
the list or 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 information requested by the Attorney
General concerning a party or any person who the Attorney General
believes has engaged in a solicitation prohibited by ORS 646.569.
The administrator   { - shall - }   { + may + } 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 information
requested by that party concerning the party or any person who
the party believes has engaged in a solicitation prohibited by
ORS 646.569. The administrator   { - shall - }   { + may + } 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 - }
 { + may + } not charge any fee for furnishing the information to
the successor administrator.
  (4) The administrator shall promptly forward any complaints
concerning alleged violations of ORS 646.569 to the Attorney
General.
  (5) 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.
  SECTION 2. ORS 646.569 is amended to read:
  646.569. (1) A person   { - shall - }   { + may + } not engage
in the telephone solicitation of a party at a telephone number
included on the then current list published by the administrator
of the telephone solicitation program established under ORS
646.572 and 646.574.
  (2) For purposes of this section  { - , - }  { + :
  (a) 'Predecessor of a business enterprise' means a financial
institution as defined in 15 U.S.C. 6827 that has:
  (A) Merged with or been acquired by the business enterprise for
which the person is calling; or
  (B) Sold or assigned an account of a party who has previously
purchased from the business enterprise, to the business
enterprise for which the person is calling.
  (b) + } 'Telephone solicitation' does not include a person
soliciting business from prospective purchasers who have
previously purchased from { + :
  (A) + } The person making the solicitation { + ; + }
 { - or - }
   { +  (B) + } The business enterprise for which the person is
calling { + ; or
  (C) A predecessor of the business enterprise for which the
person is calling + }.
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