Chapter 40 Oregon Laws 2003

AN ACT

HB 2098

Relating to charitable solicitations; creating new provisions; and amending ORS 128.866.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 128.801 to 128.898.

SECTION 2. (1) A person may t use an address in this state, including a return address, in a solicitation, or in written material issued in connection with a solicitation, made on behalf of a nonprofit organization unless:

(a) The nonprofit organization actually maintains and staffs an office in this state; or

(b) The solicitation, or written material issued in connection with a solicitation, discloses:

(A) The address of the actual headquarters of the nonprofit organization; and

(B) That the address in this state is a mail drop or that the address in this state is solely the address of a mail handling facility.

(2) If the disclosures described in subsection (1) of this section are required in a written solicitation, or in written material issued in connection with a solicitation, the disclosures shall be printed immediately proximate to the address in this state and in a location and typeface no less prominent than the address in this state.

SECTION 3. ORS 128.866 is amended to read:

128.866. The Attorney General may obtain an injunction against solicitation of contributions until:

(1) The charitable organization, beneficiary, professional fund raising firm or commercial fund raising firm has complied with all registration and reporting requirements of the Charitable Solicitations Act and ORS 128.610 to 128.750; or

(2) Breaches of fiduciary duties [as described in ORS 128.814] have been corrected and the officers and directors responsible for the breaches have been removed.

SECTION 4. (1) Section 2 of this 2003 Act applies to solicitations occurring on or after the effective date of this 2003 Act.

(2) The amendments to ORS 128.866 by section 3 of this 2003 Act apply to breaches of fiduciary duty occurring on or after the effective date of this 2003 Act.

Approved by the Governor April 1, 2003

Filed in the office of Secretary of State April 2, 2003

Effective date January 1, 2004

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