74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2314
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon Collectors Association)
CHAPTER ................
AN ACT
Relating to collection of debt; creating new provisions; amending
ORS 697.105 and 697.115; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 697.105 is amended to read:
697.105. (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, { + to compensate the public body, in whole or in
part, + } 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.
SECTION 2. ORS 697.115 is amended to read:
697.115. (1) As used in this section, 'commercial debt ' means
any obligation for payment of money or thing of value arising out
of an agreement or contract, express or implied, in which the
transaction that is the subject of the agreement or contract is
not primarily for personal, family or household purposes.
(2) A person using a private collection agency to collect a
commercial debt owed to the person may add a reasonable fee to
the amount of the commercial debt, payable by the debtor, { + to
compensate the person, in whole or in part, + } for the
collection agency fee incurred or to be incurred. A person may
not add a fee 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.
SECTION 3. { + The amendments to ORS 697.105 and 697.115 by
sections 1 and 2 of this 2007 Act apply to debts assigned to
Enrolled House Bill 2314 (HB 2314-INTRO) Page 1
private collection agencies on or after the effective date of
this 2007 Act. + }
SECTION 4. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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Passed by House March 19, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 8, 2007
...........................................................
President of Senate
Enrolled House Bill 2314 (HB 2314-INTRO) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2314 (HB 2314-INTRO) Page 3