72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 2055
 
LC 432/HB 2055-A4
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2055
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                            March 25
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
and' and after '293.231' insert '; and declaring an emergency'.
  Delete lines 4 through 8 and insert:
  '  { +  SECTION 1. + }  { + (1) Except as provided in ORS 1.202
and 293.231, if a public body, as defined in ORS 174.109, uses a
private collection agency to collect a debt owed to the public
body, the public body may add a reasonable fee to the amount of
the debt, payable by the debtor, for the collection agency fee
incurred or to be incurred.
  ' (2) A fee may not be added under subsection (1) of this
section unless the public body has provided notice to the debtor:
  ' (a) Of the existence of the debt;
  ' (b) That the debt may be assigned to a private collection
agency for collection; and
  ' (c) Of the amount of the fee that may be added to the debt
under subsection (1) of this section.
  ' (3) Except as provided by federal law, the public body may
not add a fee under this section that exceeds the collection fee
of the private collection agency. + } ' .
  Delete line 16 and insert 'under this section that:
  ' (a) Exceeds the collection fee of the private collection
agency; or
  ' (b) Was not authorized in the agreement or contract creating
the commercial debt.'.
  On page 2, line 37, after the period insert 'A fee may not be
added under this subsection unless the state agency has provided
notice to the debtor:
  ' (a) Of the existence of the debt;
  ' (b) That the debt may be assigned to a private collection
agency for collection; and
  ' (c) Of the amount of the fee that may be added to the debt
under this subsection.
  ' (10) Except as provided by federal law, the state agency may
not add a fee under subsection (9) of this section that exceeds
the collection fee of the private collection agency.
  '  { +  SECTION 4. + }  { + Sections 1 and 2 of this 2003 Act
and the amendments to ORS 293.231 by section 3 of this 2003 Act
apply to debts assigned to a private collection agency on or
after the effective date of this 2003 Act. + }
  '  { +  SECTION 5. This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + } ' .
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