Chapter 130 Oregon Laws 2005

AN ACT

HB 2982

Relating to disclosure of financial institution records; amending ORS 192.550, 192.585 and 192.800.

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

SECTION 1. ORS 192.550 is amended to read:

192.550. As used in ORS 192.550 to 192.595:

(1) “Customer” means any person, partnership, limited partnership, corporation, trust or other legal entity, who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom or which a financial institution has acted or is acting as a fiduciary.

(2) “Financial institution” [has the meaning given that term in ORS 706.008] means:

(a) A “financial institution” as defined in ORS 706.008; or

(b) A “trust company” as defined in ORS 706.008.

(3) “Financial records” means any original written or electronic document, any copy [thereof] of the document, or any information contained [therein] in the document, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers of such an institution.

(4) “Local agency” means every county, city, school district, municipal organization, district, political subdivision; or any board, commission or agency thereof; or any other local public agency; and every officer, agent or employee thereof.

(5) “State agency” means every state office, department, division, bureau, board or commission or other state agency, including the Legislative Assembly and every officer, agent or employee thereof.

[(5)] (6) “Summons or subpoena” means an administrative summons or administrative subpoena issued by any state or local agency, or a judicial subpoena or subpoena duces tecum.

SECTION 2. ORS 192.585 is amended to read:

192.585. (1) When a police or sheriff’s department or district attorney’s office in this state requests account information from a financial institution to assist in a criminal investigation, the financial institution shall supply a statement setting forth the requested account information with respect to a customer account specified by the police or sheriff’s department or district attorney’s office, for a period of up to [15 days] three months prior to and [15 days] three months following the date of occurrence of the account transaction giving rise to the criminal investigation. The disclosure statement [provided for herein shall] required under this subsection may include only account information as defined in subsection (2) of this section. The police or sheriff’s department or district attorney’s office requesting the information shall, within 24 hours of making the request, confirm the [same in a writing] request in a written or electronic message delivered or mailed to the financial institution, setting forth the nature of the account information sought, the time period for which account information is sought, and that the information has been requested pursuant to a criminal investigation.

(2) As used in this section, “account information” means, whether or not the financial institution has an account under a particular customer’s name, the number of customer account items dishonored or which created overdrafts, dollar volume of dishonored items and items which when paid created overdrafts, a statement explaining any credit arrangement between the financial institution and the customer to pay overdrafts, dates and amounts of deposits and debits to a customer’s account, copies of deposit slips and deposited items, the account balance on such dates, a copy of the customer’s signature card and the dates the account opened or closed.

SECTION 3. ORS 192.800 is amended to read:

192.800. As used in this section and ORS 192.805 and 192.810:

(1) “Customer” means any person who or which is transacting or has transacted business with a financial institution, or who or which is using or has used the services of such an institution, or for whom or which a financial institution has acted or is acting as a fiduciary.

(2) “Financial institution” means a financial institution or a trust company, as those terms are defined in ORS 706.008.

(4) “Subpoena” means a judicial subpoena or subpoena duces tecum.

Approved by the Governor June 6, 2005

Filed in the office of Secretary of State June 7, 2005

Effective date January 1, 2006

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