72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2098
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
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 not 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. + }
Enrolled House Bill 2098 (HB 2098-INTRO) Page 1
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Passed by House February 12, 2003
...........................................................
Chief Clerk of House
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Speaker of House
Passed by Senate March 12, 2003
...........................................................
President of Senate
Enrolled House Bill 2098 (HB 2098-INTRO) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
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Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2098 (HB 2098-INTRO) Page 3