72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2528
 
                         House Bill 2019
 
Sponsored by Representative CLOSE (at the request of Jan Amling,
  Consumer Credit Counseling)
 
 
                             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.
 
  Authorizes debt consolidating agencies to charge credit
counseling fee under specified conditions.
 
                        A BILL FOR AN ACT
Relating to debt consolidating agencies; creating new provisions;
  and amending ORS 697.692.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 697.692 is amended to read:
  697.692. (1) This section specifies fees that a debt
consolidating agency may charge.
  (2) A debt consolidating agency may charge a client an initial
set-up fee of not more than $25.
  (3) A debt consolidating agency may charge for services
performed for the client in an amount of not more than 15 percent
of the amount actually received by the debt consolidating agency
on behalf of a client for payment to creditors.
  (4) Except as provided in   { - subsection (5) - }
 { + subsections (5) and (6) + } of this section, a debt
consolidating agency   { - shall - }   { + may + } not charge a
person for any discussion with that person that may or may not
result in an agreement for services of a debt consolidating
agency.
   { +  (5) A debt consolidating agency may charge a fee in an
amount set by the Director of the Department of Consumer and
Business Services by rule to cover the expenses of credit
counseling if:
  (a) The debt consolidating agency demonstrates the need for the
fee to the director or the credit counseling is required by rule
or order of a federal or state agency and the debt consolidating
agency is certified by the federal or state agency to provide the
credit counseling; and
  (b) A request to charge the fee has been approved in writing by
the director. + }
    { - (5) - }   { + (6) + } A debt consolidating agency may
charge a fee to cover the expenses for education classes if:
  (a) The classes are approved by the director   { - of the
Department of Consumer and Business Services - } , or the classes
are required by rule or order of a federal or state agency and
the debt consolidating agency is certified by the federal or
state agency to provide the education; and
  (b) A request to charge the fee has been approved in writing by
the director.
    { - (6) - }   { + (7) + } A debt consolidating agency that
charges a fee not authorized under this section is subject to ORS
697.752, 697.762, 697.832 and 697.990 (3).
  SECTION 2.  { + The amendments to ORS 697.692 by section 1 of
this 2003 Act apply to fees charged for counseling that occurs on
or after the effective date of this 2003 Act. + }
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