75th OREGON LEGISLATIVE ASSEMBLY--2009 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 361
House Bill 2191
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
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 Director of Department of Consumer and Business
Services to register persons that provide debt management
services. Requires person to register as debt management services
organization in order to provide debt management services, unless
exempt. Specifies information director may require for
registration. Authorizes director to require registrants or
applicants for registration to file and maintain corporate surety
bond or irrevocable letter of credit.
Specifies contents of contracts for debt management services
between registrants and consumers. Prohibits registrants from
taking certain actions. Requires registrant to provide report to
consumer for whom registrant holds funds in trust account.
Authorizes director to investigate violations of Act and impose
civil penalty in amount not to exceed $2,500 for violation of
Act. Permits person aggrieved by registrant to maintain action
against registrant's corporate surety bond or irrevocable letter
of credit.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to debt management services; creating new provisions;
amending ORS 192.501, 192.502, 646.608, 646A.628, 697.005,
697.990, 697.992 and 705.137; repealing ORS 646A.250, 646A.252,
646A.254, 646A.256, 646A.258, 646A.260, 646A.262, 646A.264,
646A.266, 646A.268, 646A.270, 697.602, 697.612, 697.622,
697.632, 697.642, 697.652, 697.662, 697.672, 697.682, 697.692,
697.702, 697.707, 697.712, 697.722, 697.732, 697.742, 697.752,
697.762, 697.772, 697.782, 697.792, 697.802, 697.812, 697.822,
697.825, 697.832 and 697.842; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 12 of this 2009 Act:
(1) 'Affiliate' means a person that directly or indirectly,
through one or more intermediaries, controls, is controlled by or
is under common control with a registrant.
(2) 'Applicant' means a person that applies to register or to
renew a registration under section 3 of this 2009 Act.
(3) 'Consumer' means an individual who is a resident of this
state.
(4) 'Debt management service organization' means a person that
sells, provides or performs, or represents that the person can or
will sell, provide or perform, debt management services to a
consumer in return for money or other valuable consideration.
(5) 'Debt management services' means:
(a) Receiving or offering to receive funds from a consumer for
the purpose of distributing the funds among the consumer's
creditors in full or partial payment of the consumer's debts;
(b) Improving or offering to improve a consumer's credit
record, credit history or credit rating;
(c) Negotiating or offering to negotiate with a consumer's
creditor to settle or eliminate the consumer's debt;
(d) Providing a briefing, as described in 11 U.S.C. 109(h), or
an instructional course, as described in 11 U.S.C. 111, to a
debtor, as defined in 11 U.S.C. 109; or
(e) Providing advice, assistance, instruction or instructional
materials to a consumer as part of an effort to:
(A) Distribute funds among a consumer's creditors in full or
partial payment of the consumer's debts;
(B) Improve a consumer's credit record, credit history or
credit rating; or
(C) Negotiate, settle or eliminate a consumer's debt.
(6) 'Person' means an individual, corporation, partnership,
association, limited liability company, limited liability
partnership, public body or other entity, however organized and
whether organized for profit or not for profit.
(7) 'Registrant' means a debt management service organization
registered under section 3 of this 2009 Act.
(8) 'Trust account' means:
(a) An account a registrant or an applicant establishes with an
insured institution, as defined in ORS 706.008, in order to hold
funds a consumer pays to the registrant or applicant for
disbursement on the consumer's behalf among the consumer's
creditors;
(b) An account the registrant or applicant designates as a
trust account; or
(c) An account, the funds of which the registrant or applicant
indicates are:
(A) Not the registrant's or applicant's funds or the funds of
the registrant's or applicant's owners, officers or employees;
and
(B) Unavailable to the registrant's or applicant's
creditors. + }
SECTION 2. { + (1) A person may not engage in or offer to
engage in, represent to the public in any manner that the person
is engaged in or charge fees related to debt management services
unless the person is registered as a debt management service
organization under section 3 of this 2009 Act.
(2) Subsection (1) of this section does not apply to:
(a) An attorney licensed or authorized to practice law in this
state, if the attorney provides debt management services only
incidentally in the practice of law;
(b) A financial institution or a trust company, as defined in
ORS 706.008;
(c) An escrow agent licensed under ORS 696.505 to 696.590;
(d) A public officer;
(e) A person obeying or acting in accordance with a court
order;
(f) A registrant's employees, while performing services for the
registrant;
(g) The employees of a person exempted under this subsection
from the requirement to register, while performing services for
the person;
(h) A certified public accountant or public accountant licensed
or otherwise authorized to practice accountancy in this state, if
the certified public accountant or public accountant provides
debt management services only incidentally in the practice of
accountancy; or
(i) A person or individual the Director of the Department of
Consumer and Business Services exempts from the requirement to
register. + }
SECTION 3. { + (1) The Director of the Department of Consumer
and Business Services shall maintain a registry of debt
management service organizations. The director shall require a
person that provides debt management services, unless the person
is exempted under section 2 (2) of this 2009 Act, to apply to the
director for registration as a debt management service
organization. In the application for registration, the person
shall provide the following information:
(a) The person's name and address;
(b) The name and address of the business the person owns or
operates for the purpose of providing debt management services;
(c) The assumed business name, if any, the person uses while
providing debt management services;
(d) A description of the activities the person conducts or
plans to conduct;
(e) The name and address of the person's agent or affiliate or
another person that contracts with the person to provide debt
management services to a consumer;
(f) The name and address of the person's registered agent or
another person designated to receive service of process on the
person's behalf; and
(g) Other information the director may require to administer
sections 1 to 12 of this 2009 Act.
(2)(a) The director may require an applicant or registrant to
file a corporate surety bond or an irrevocable letter of credit
provided by one or more corporate sureties or financial
institutions that are authorized to do business in this state.
The amount of the corporate surety bond or irrevocable letter of
credit required under this section may not exceed $75,000. The
director may set the amount of the corporate surety bond or
irrevocable letter of credit based on:
(A) The amount of consumer funds the applicant or registrant
receives and distributes in a particular period of time;
(B) The degree to which the applicant or registrant has access
to consumer funds;
(C) The number of places of business the applicant or
registrant owns or operates; or
(D) Other considerations of a similar nature.
(b) The corporate surety bond or irrevocable letter of credit
must:
(A) Run to the benefit of the State of Oregon;
(B) Name the applicant or registrant as obligor; and
(C) Be conditioned such that:
(i) The applicant or registrant pledges faithfully to conform
with and obey the provisions of sections 1 to 12 of this 2009 Act
and all rules or orders the director adopts or issues; and
(ii) The corporate surety bond or letter of credit is subject
to an action brought by the State of Oregon for, or by a person
injured because of, the applicant's or registrant's violation of
a provision of sections 1 to 12 of this 2009 Act or of a rule or
order the director adopted or issued.
(c) The registrant or applicant shall maintain the corporate
surety bond or irrevocable letter of credit continuously in the
amount the director requires under this subsection.
(3) The director by rule may:
(a) Require an applicant or registrant to pay a fee with an
application for registration or an application to renew a
registration or any filing submitted to the director. The
director shall ensure that the aggregate of the fees collected
under this section is not more than is necessary to pay the costs
incurred in administering and enforcing sections 1 to 12 of this
2009 Act, plus a reasonable amount held as a reserve. Fees
collected under this section shall be paid into the State
Treasury and credited to the Consumer and Business Services Fund
in accordance with ORS 705.145.
(b) Require a registrant to file an annual report, submit
information necessary to update or keep current the director's
records in the registry established under subsection (1) of this
section or periodically renew a registration.
(c) Specify how an applicant or registrant may establish or use
a trust account.
(d) Limit how much or specify when a registrant may charge a
consumer for debt management services.
(e) Establish classifications for registrants.
(f) Issue a certificate or other indicia of registration that
describes the activities a registrant may perform.
(g) Specify which books and records a registrant must keep and
how long the registrant must keep the books and records.
(4) The director shall ensure that the information recorded in
the director's registry under this section is current. + }
SECTION 4. { + The Director of the Department of Consumer and
Business Services by order may deny an application for
registration or an application to renew a registration made under
section 3 of this 2009 Act or may suspend or revoke a
registration issued under section 3 of this 2009 Act if the
director finds any of the following:
(1) The applicant or registrant is insolvent, in that the
applicant or registrant:
(a) Has liabilities that exceed the applicant's or registrant's
assets; or
(b) Has filed for reorganization under the protection of
federal bankruptcy law.
(2) The character, reputation, experience, financial
responsibility or general fitness of the applicant or registrant,
or of a member, senior officer, director, trustee or principal of
the applicant or registrant, does not warrant the director's
belief that the applicant or registrant would conduct business
fairly, efficiently, in the public interest or in accordance with
law.
(3) The applicant or registrant made a false or misleading
statement on an application submitted under section 3 of this
2009 Act or in information submitted to the director.
(4) The applicant or registrant knowingly or repeatedly
violated a material provision of sections 1 to 12 of this 2009
Act or a rule or order the director adopted or issued.
(5) The applicant or registrant failed to pay a fee required
under sections 1 to 12 of this 2009 Act.
(6) The applicant or registrant commingled a consumer's funds
with the applicant's or registrant's funds.
(7) The applicant or registrant failed to account to the
consumer for funds the consumer entrusted to the applicant or
registrant.
(8) The applicant or registrant charged a consumer a fee that
exceeded limits set by the director.
(9) The applicant or registrant failed to file or keep in
effect the corporate surety bond or irrevocable letter of credit
required by the director or failed to maintain the prescribed
amount of the corporate surety bond or letter of credit. + }
SECTION 5. { + The Director of the Department of Consumer and
Business Services may:
(1) Conduct investigations within or outside this state that
the director considers necessary to:
(a) Determine whether to grant or deny an application for
registration or an application to renew a registration submitted
under section 3 of this 2009 Act;
(b) Determine whether to suspend or revoke a registration
issued under section 3 of this 2009 Act;
(c) Determine whether a person has violated, is violating or is
about to violate a provision of sections 1 to 12 of this 2009 Act
or a rule or order the director adopted or issued; or
(d) Develop information needed to enforce a provision of or
adopt a rule or issue an order concerning sections 1 to 12 of
this 2009 Act.
(2) Charge the person the director investigates under this
section for the reasonable costs of the investigation, including
actual expenses for travel and lodging and a per diem, and bring
an action in a court with appropriate jurisdiction to recover the
costs charged.
(3) Require a person to file a statement in writing, under oath
or otherwise, concerning a matter under investigation.
(4) Compel the attendance of witnesses.
(5) Compel the production of evidence by:
(a) Taking testimony from witnesses; and
(b) Requiring the production of books, papers, correspondence,
memoranda, agreements or other documents or records the director
considers relevant or material to a proceeding or a matter under
investigation.
(5) Issue an order to cease and desist from violating a
provision of sections 1 to 12 of this 2009 Act or a rule or order
the director has adopted or issued.
(6) Exchange information with an agency of the United States or
another state that regulates the applicant or registrant or that
administers laws, rules or programs related to debt management
services. + }
SECTION 6. { + (1) The Director of the Department of Consumer
and Business Services shall serve an order the director issues
under section 5 of this 2009 Act on the person named in the
order.
(2) An order issued under section 5 of this 2009 Act becomes
effective upon service of the order on the person named in the
order.
(3) ORS 183.413 to 183.470 apply to an order the director
issues under section 5 of this 2009 Act.
(4) Notwithstanding subsection (3) of this section, a person
may not obtain a hearing on an order issued under section 5 of
this 2009 Act unless the person requests the hearing in writing
within 20 days of service of the order.
(5) A person that does not request a hearing under ORS 183.413
to 183.470 may not obtain judicial review of an order issued
under section 5 of this 2009 Act.
(6) The director may vacate or modify an order the director
issues under section 5 of this 2009 Act. A modified order is
effective upon service of the order on the person named in the
order. + }
SECTION 7. { + (1) A registrant may not perform debt
management services for a consumer unless the registrant and the
consumer have first signed a written contract, the subject matter
of which is the debt management services the registrant will
provide for the consumer. The registrant shall give a copy of the
signed contract to the consumer and shall retain a copy of the
signed contract.
(2) The contract between the registrant and the consumer must:
(a) Display the consumer's signature and the date on which the
parties executed the contract;
(b) Identify the registrant and the consumer by name and
address;
(c) Describe the debt management services the registrant will
provide to the consumer fully and in detail;
(d) Estimate the date by which the registrant will provide the
debt management services or the length of time the registrant
will take to provide the debt management services;
(e) Describe fully the fees the registrant will charge the
consumer for debt management services and the fees, charges or
contributions the consumer has agreed to pay or make to the
registrant or to the registrant's agent or affiliate;
(f) Include the following disclosures, if the registrant will
have direct or indirect access to the consumer's funds:
(A) A complete list of the consumer's debts concerning which
the registrant will provide debt management services under the
terms of the contract, together with a list of the names and
addresses of the creditors that hold the debts;
(B) A full description and schedule of the amount of consumer
funds that the registrant or the registrant's agent or affiliate
will collect from the consumer and distribute to the consumer's
creditors, itemized according to the identity of each creditor
and the amount that will be distributed to each creditor;
(C) The name, address and phone number or other contact
information for the insured institution in which the registrant
will establish a trust account in accordance with the contract;
(D) Whether the registrant has filed a corporate surety bond or
irrevocable letter of credit with the Director of the Department
of Consumer and Business Services and the amount of the corporate
surety bond or irrevocable letter of credit; and
(E) A statement that informs the consumer that by signing the
contract the consumer authorizes the insured institution that
administers the trust account in which the registrant holds the
consumer's funds to disclose financial records concerning the
trust account to the director;
(g) State that the consumer may contact the director with any
questions or complaints the consumer may have about the
registrant; and
(h) Display, in a conspicuous manner near the space in the
contract reserved for the consumer's signature, the following
notice: + }
________________________________________________________________
{ +
NOTICE TO CONSUMER + } { + Do not sign this contract if it
contains blanks to be filled in later. Do not sign this contract
before you read it. You must be given a copy of this
contract. + }
________________________________________________________________
{ + (3) A registrant, at the time the consumer signs a
contract for debt management services, shall provide the consumer
with a form the consumer may use to cancel the contract. The
director by rule shall prescribe the format and contents of the
form.
(4) A consumer may cancel a contract for debt management
services made with a registrant:
(a) Without penalty or obligation if the consumer notifies the
registrant of the consumer's intention to cancel at any time
before midnight of the third business day after the date on which
the consumer signs the contract. The registrant shall refund all
fees or other charges the consumer paid and return to the
consumer all unexpended consumer funds the registrant or the
registrant's agent or affiliate holds, directly or indirectly.
(b) For any reason at any time by giving the registrant 10
calendar days' written notice of the consumer's intention to
cancel. The registrant shall return to the consumer all
unexpended consumer funds the registrant or the registrant's
agent or affiliate holds, directly or indirectly.
(5) A registrant may cancel a contract for debt management
services made with a consumer if:
(a) The consumer has failed for 60 calendar days to make
payments required under the terms of the contract; and
(b) The registrant immediately returns to the consumer all
unexpended consumer funds the registrant or the registrant's
agent or affiliate holds, directly or indirectly. + }
SECTION 8. { + A registrant that, directly or indirectly,
holds a consumer's funds under the terms of a contract for debt
management services shall provide or make available to the
consumer each month and upon the cancellation or termination of
the contract a report that states:
(1) The total amount of consumer funds the registrant has
received since the date of the previous report;
(2) The total amount the registrant has paid to each of the
consumer's creditors since the date of the previous report;
(3) The amount of debt principal that remains to be paid to
each of the consumer's creditors that agreed to accept payments
made under the terms of the debt management services contract as
payment in full for the debt the consumer owes to the creditor;
(4) The amount of fees paid to the registrant by or on behalf
of the consumer since the date of the previous report; and
(5) The amount of the consumer's funds the registrant holds in
a trust account established in accordance with the contract for
debt management services. + }
SECTION 9. { + A registrant may not:
(1) Make a statement or counsel or advise a consumer to make a
statement about the consumer's creditworthiness, credit standing
or credit capacity that is untrue or misleading to:
(a) A person that extended credit to the consumer; or
(b) A person to which the consumer applies for an extension of
credit.
(2) Make a statement or counsel or advise a consumer to make a
statement, the intended effect of which is to conceal or fail to
correctly display information material to the consumer's credit
record, credit history or credit rating that is accurate and up
to date, to:
(a) A consumer reporting agency;
(b) A person that extended credit to the consumer; or
(c) A person to which the consumer applies for an extension of
credit.
(3) Represent the registrant's debt management services falsely
or misleadingly in any manner.
(4) Engage, directly or indirectly, in an act, a practice or a
course of business that constitutes or results in the commission
of or an attempt to commit a fraud or deception upon a person in
connection with the sale or offer to sell debt management
services.
(5) Perform any of the following acts in connection with debt
management services provided to a consumer:
(a) Purchase a debt or obligation of a consumer;
(b) Lend money or extend credit to a consumer; or
(c) Obtain a mortgage or other security interest in a
consumer's property.
(6) Own, operate or function as a debt collection agency in
this state.
(7) Structure a contract for a consumer that, at the
termination of the contract for debt management services between
the registrant and the consumer, would result in negative
amortization of the consumer's debt to a creditor.
(8) Provide debt management services for compensation to a
consumer if the registrant was previously one of the consumer's
creditors.
(9) Transfer or assign or attempt to transfer or assign a
registration issued to the registrant under section 3 of this
2009 Act to another person.
(10) Encourage a voluntary contribution or require a payment
from a consumer that would cause the registrant or an agent or
affiliate of the registrant to receive fees that exceed the
maximum fees established by the Director of the Department of
Consumer and Business Services.
(11) Require a consumer to purchase a counseling session, an
educational program or materials or supplies as a condition of
entering into a contract under which the registrant will collect
funds from the consumer for the purpose of distributing the funds
among the consumer's creditors.
(12) Cause or attempt to cause a consumer to waive a right or
benefit provided under sections 1 to 12 of this 2009 Act. + }
SECTION 10. { + (1) In addition to any other liability or
penalty provided by law, the Director of the Department of
Consumer and Business Services may impose a civil penalty in an
amount not to exceed $2,500 on a person that violates a provision
of sections 1 to 12 of this 2009 Act or a rule or order the
director adopts or issues.
(2) The director shall impose a civil penalty under this
section in the manner provided under ORS 183.745.
(3) Notwithstanding ORS 183.745, the person on which the
director imposes a civil penalty has 20 days from the date on
which the notice imposing the civil penalty is mailed in which to
apply for a hearing before the director.
(4) A person's paying or tendering payment for a civil penalty
imposed under this section does not relieve the person of the
obligation to comply with the statute, rule or order the
violation of which caused the director to impose the civil
penalty.
(5) All civil penalties recovered under this section shall be
paid into the State Treasury and credited to the General Fund and
are available for general governmental expenses. + }
SECTION 11. { + (1) A person may maintain an action in a court
with appropriate jurisdiction against a corporate surety bond or
irrevocable letter of credit the Director of the Department of
Consumer and Business Services required a registrant to file
under section 3 of this 2009 Act if the person is aggrieved by:
(a) The registrant's violation of a provision of sections 1 to
12 of this 2009 Act or a rule or order the director adopted or
issued; or
(b) Other misconduct by the registrant.
(2) The aggregate liability of the surety or the person that
provided the irrevocable letter of credit for claims against the
bond or letter of credit may not exceed the penal sum set forth
in the bond or letter of credit for as long as the bond or letter
of credit remains in force. An extension of the term of the bond
or letter of credit by continuation certificate, reinstatement,
reissue or renewal does not increase the liability of the surety
or the person that provided the letter of credit. + }
SECTION 12. { + In accordance with ORS chapter 183, the
Director of the Department of Consumer and Business Services may
adopt rules for the purposes of protecting consumers, providing
clarity to registrants and applicants and otherwise carrying out
and enforcing sections 1 to 12 of this 2009 Act. + }
SECTION 13. ORS 192.501, as amended by section 1, chapter 48,
Oregon Laws 2008, is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it.
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding.
(6) Information relating to the appraisal of real estate prior
to its acquisition.
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under { - ORS 697.732 - } { + section 5 of
this 2009 Act + }.
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction.
(12) A personnel discipline action, or materials or documents
supporting that action.
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually.
(16) Data and information provided by participants to mediation
under ORS 36.256.
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6).
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a state institution of higher education, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(25) The home address, professional address and telephone
number of a person who has or who is interested in donating money
or property to the Oregon University System.
(26) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(27) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(28) Social Security numbers as provided in ORS 107.840.
(29) The electronic mail address of a student who attends a
state institution of higher education listed in ORS 352.002 or
Oregon Health and Science University.
(30) The name, home address, professional address or location
of a person that is engaged in, or that provides goods or
services for, medical research at Oregon Health and Science
University that is conducted using animals other than rodents.
This subsection does not apply to Oregon Health and Science
University press releases, websites or other publications
circulated to the general public.
(31)(a) If requested by a public safety officer, as defined in
ORS 181.610, by a district attorney, by a deputy district
attorney or by an assistant attorney general designated by the
Attorney General, the home address and home telephone number of
the public safety officer or attorney contained in the voter
registration records for the public safety officer or attorney.
(b) If requested by a public safety officer, as defined in ORS
181.610, the home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(32) If requested by a public safety officer, as defined in ORS
181.610, by a district attorney, by a deputy district attorney or
by an assistant attorney general designated by the Attorney
General, the name of the public safety officer or attorney
contained in county real property assessment or taxation records.
This exemption:
(a) Applies only to the name of the public safety officer or
attorney and any other owner of the property in connection with a
specific property identified by the officer or attorney in a
request for exemption from disclosure;
(b) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(c) Applies until the public safety officer or attorney
requests termination of the exemption;
(d) Does not apply to disclosure of records among public bodies
as defined in ORS 174.109 for governmental purposes; and
(e) May not result in liability for a county if the name of a
public safety officer or attorney is disclosed after a request
for exemption from disclosure is made under this subsection.
(33) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
SECTION 14. ORS 192.501, as amended by section 3, chapter 455,
Oregon Laws 2005, section 7, chapter 608, Oregon Laws 2007,
section 2, chapter 687, Oregon Laws 2007, and section 2, chapter
48, Oregon Laws 2008, is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation.
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it.
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice.
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected.
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding.
(6) Information relating to the appraisal of real estate prior
to its acquisition.
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections.
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850.
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180.
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under { - ORS 697.732 - } { + section 5 of
this 2009 Act + }.
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction.
(12) A personnel discipline action, or materials or documents
supporting that action.
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species.
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented.
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually.
(16) Data and information provided by participants to mediation
under ORS 36.256.
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation.
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared or used by a public
body, if public disclosure of the plans would endanger an
individual's life or physical safety or jeopardize a law
enforcement activity.
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.390, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.390, with a telecommunications carrier, as
defined in ORS 133.721.
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967.
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005, or to
an urban renewal agency as defined in ORS 457.010, by applicants
for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests.
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, services; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body.
(23) Records or information that would reveal or otherwise
identify security measures, or weaknesses or potential weaknesses
in security measures, taken or recommended to be taken to
protect:
(a) An individual;
(b) Buildings or other property;
(c) Information processing, communication or telecommunication
systems, including the information contained in the systems; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6).
(24) Personal information held by or under the direction of
officials of the Oregon Health and Science University or the
Oregon University System about a person who has or who is
interested in donating money or property to the university, the
system or a state institution of higher education, if the
information is related to the family of the person, personal
assets of the person or is incidental information not related to
the donation.
(25) The home address, professional address and telephone
number of a person who has or who is interested in donating money
or property to the Oregon University System.
(26) Records of the name and address of a person who files a
report with or pays an assessment to a commodity commission
established under ORS 576.051 to 576.455, the Oregon Beef Council
created under ORS 577.210 or the Oregon Wheat Commission created
under ORS 578.030.
(27) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number.
(28) Social Security numbers as provided in ORS 107.840.
(29) The electronic mail address of a student who attends a
state institution of higher education listed in ORS 352.002 or
Oregon Health and Science University.
(30)(a) If requested by a public safety officer, as defined in
ORS 181.610, by a district attorney, by a deputy district
attorney or by an assistant attorney general designated by the
Attorney General, the home address and home telephone number of
the public safety officer or attorney contained in the voter
registration records for the public safety officer or attorney.
(b) If requested by a public safety officer, as defined in ORS
181.610, the home address and home telephone number of the public
safety officer contained in records of the Department of Public
Safety Standards and Training.
(31) If requested by a public safety officer, as defined in ORS
181.610, by a district attorney, by a deputy district attorney or
by an assistant attorney general designated by the Attorney
General, the name of the public safety officer or attorney
contained in county real property assessment or taxation records.
This exemption:
(a) Applies only to the name of the public safety officer or
attorney and any other owner of the property in connection with a
specific property identified by the officer or attorney in a
request for exemption from disclosure;
(b) Applies only to records that may be made immediately
available to the public upon request in person, by telephone or
using the Internet;
(c) Applies until the public safety officer or attorney
requests termination of the exemption;
(d) Does not apply to disclosure of records among public bodies
as defined in ORS 174.109 for governmental purposes; and
(e) May not result in liability for a county if the name of a
public safety officer or attorney is disclosed after a request
for exemption from disclosure is made under this subsection.
(32) Land management plans required for voluntary stewardship
agreements entered into under ORS 541.423.
SECTION 15. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if public
disclosure would constitute an unreasonable invasion of privacy,
unless the public interest by clear and convincing evidence
requires disclosure in the particular instance. The party seeking
disclosure shall have the burden of showing that public
disclosure would not constitute an unreasonable invasion of
privacy.
(3) Public body employee or volunteer addresses, Social
Security numbers, dates of birth and telephone numbers contained
in personnel records maintained by the public body that is the
employer or the recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates of birth and
telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(b) Does not apply to employees or volunteers to the extent
that the party seeking disclosure shows by clear and convincing
evidence that the public interest requires disclosure in a
particular instance;
(c) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of
which the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9)(a) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(b) Subject to ORS 192.423, paragraph (a) of this subsection
does not apply to factual information compiled in a public record
when:
(A) The basis for the claim of exemption is ORS 40.225;
(B) The factual information is not prohibited from disclosure
under any applicable state or federal law, regulation or court
order and is not otherwise exempt from disclosure under ORS
192.410 to 192.505;
(C) The factual information was compiled by or at the direction
of an attorney as part of an investigation on behalf of the
public body in response to information of possible wrongdoing by
the public body;
(D) The factual information was not compiled in preparation for
litigation, arbitration or an administrative proceeding that was
reasonably likely to be initiated or that has been initiated by
or against the public body; and
(E) The holder of the privilege under ORS 40.225 has made or
authorized a public statement characterizing or partially
disclosing the factual information compiled by or at the
attorney's direction.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
(13) Records of or submitted to the State Treasurer, the Oregon
Investment Council or the agents of the treasurer or the council
relating to active or proposed publicly traded investments under
ORS chapter 293, including but not limited to records regarding
the acquisition, exchange or liquidation of the investments. For
the purposes of this subsection:
(a) The exemption does not apply to:
(A) Information in investment records solely related to the
amount paid directly into an investment by, or returned from the
investment directly to, the treasurer or council; or
(B) The identity of the entity to which the amount was paid
directly or from which the amount was received directly.
(b) An investment in a publicly traded investment is no longer
active when acquisition, exchange or liquidation of the
investment has been concluded.
(14)(a) Records of or submitted to the State Treasurer, the
Oregon Investment Council, the Oregon Growth Account Board or the
agents of the treasurer, council or board relating to actual or
proposed investments under ORS chapter 293 or 348 in a privately
placed investment fund or a private asset including but not
limited to records regarding the solicitation, acquisition,
deployment, exchange or liquidation of the investments including
but not limited to:
(A) Due diligence materials that are proprietary to an
investment fund, to an asset ownership or to their respective
investment vehicles.
(B) Financial statements of an investment fund, an asset
ownership or their respective investment vehicles.
(C) Meeting materials of an investment fund, an asset ownership
or their respective investment vehicles.
(D) Records containing information regarding the portfolio
positions in which an investment fund, an asset ownership or
their respective investment vehicles invest.
(E) Capital call and distribution notices of an investment
fund, an asset ownership or their respective investment vehicles.
(F) Investment agreements and related documents.
(b) The exemption under this subsection does not apply to:
(A) The name, address and vintage year of each privately placed
investment fund.
(B) The dollar amount of the commitment made to each privately
placed investment fund since inception of the fund.
(C) The dollar amount of cash contributions made to each
privately placed investment fund since inception of the fund.
(D) The dollar amount, on a fiscal year-end basis, of cash
distributions received by the State Treasurer, the Oregon
Investment Council, the Oregon Growth Account Board or the agents
of the treasurer, council or board from each privately placed
investment fund.
(E) The dollar amount, on a fiscal year-end basis, of the
remaining value of assets in a privately placed investment fund
attributable to an investment by the State Treasurer, the Oregon
Investment Council, the Oregon Growth Account Board or the agents
of the treasurer, council or board.
(F) The net internal rate of return of each privately placed
investment fund since inception of the fund.
(G) The investment multiple of each privately placed investment
fund since inception of the fund.
(H) The dollar amount of the total management fees and costs
paid on an annual fiscal year-end basis to each privately placed
investment fund.
(I) The dollar amount of cash profit received from each
privately placed investment fund on a fiscal year-end basis.
(15) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(16) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(17) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(18) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(19) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(20) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(21) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(22) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(23) The records of a library, including:
(a) Circulation records, showing use of specific library
material by a named person;
(b) The name of a library patron together with the address or
telephone number of the patron; and
(c) The electronic mail address of a patron.
(24) The following records, communications and information
obtained by the Housing and Community Services Department in
connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(25) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(26) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(28) Personally identifiable information about customers of a
municipal electric utility or a people's utility district or the
names, dates of birth, driver license numbers, telephone numbers,
electronic mail addresses or Social Security numbers of customers
who receive water, sewer or storm drain services from a public
body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and
a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone
number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically,
if the disclosure is necessary for the utility, district or other
public body to render services to the customer, if the disclosure
is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of
providing such information. The utility, district or other public
body may make customer records available to third party credit
agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts
are delinquent.
(29) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(30) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(31) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners { - , its - }
{ + or + } affiliates or subsidiaries { + of the National
Association of Insurance Commissioners + } under ORS
{ - 646A.250 to 646A.270, - } 697.005 to 697.095, { - 697.602
to 697.842, - } 705.137, 717.200 to 717.320, 717.900 or 717.905,
ORS chapter 59, 722, 723, 725 or 726, the Bank Act or the
Insurance Code { + or sections 1 to 12 of this 2009 Act + }
when:
(a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(32) A county elections security plan developed and filed under
ORS 254.074.
(33) Information about review or approval of programs relating
to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided.
(34) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
SECTION 16. ORS 646.608, as amended by section 8, chapter 19,
Oregon Laws 2008, and section 5, chapter 31, Oregon Laws 2008, is
amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646A.070 (1).
(cc) Violates any requirement of ORS 646A.030 to 646A.040.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates any provision of ORS 646A.020.
(gg) Violates ORS 646.569.
(hh) Violates the provisions of ORS 646A.142.
(ii) Violates ORS 646A.360.
(jj) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(kk) Violates ORS 646.563.
(LL) Violates ORS 759.690 or any rule adopted pursuant thereto.
(mm) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(nn) Violates ORS 646A.210 or 646A.214.
(oo) Violates any provision of ORS 646A.124 to 646A.134.
(pp) Violates { - ORS 646A.254 - } { + section 7 or 9 of
this 2009 Act + }.
(qq) Violates ORS 646A.095.
(rr) Violates ORS 822.046.
(ss) Violates ORS 128.001.
(tt) Violates ORS 646.649 (2) to (4).
(uu) Violates ORS 646A.090 (2) to (4).
(vv) Violates ORS 87.686.
(ww) Violates ORS 646.651.
(xx) Violates ORS 646A.362.
(yy) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
(zz) Violates ORS 180.440 (1).
(aaa) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(bbb) Violates ORS 87.007 (2) or (3).
(ccc) Violates ORS 92.405 (1), (2) or (3).
(ddd) Engages in an unlawful practice under ORS 646.648.
(eee) Violates ORS 646A.365.
(fff) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
(ggg) Sells a gift card in violation of ORS 646A.276.
(hhh) Violates ORS 646A.102, 646A.106 or 646A.108.
(iii) Violates ORS 646A.430 to 646A.450.
(jjj) Violates a provision of sections 2 to 6, chapter 19,
Oregon Laws 2008.
(kkk) Violates section 2, chapter 31, Oregon Laws 2008, 30 or
more days after a recall notice, warning or declaration described
in section 2, chapter 31, Oregon Laws 2008, is issued for the
children's product, as defined in section 1, chapter 31, Oregon
Laws 2008, that is the subject of the violation.
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(zz)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
SECTION 17. ORS 646A.628 is amended to read:
646A.628. Notwithstanding ORS 705.145 (2), (3) and (5), the
Director of the Department of Consumer and Business Services
{ - can - } { + may + } allocate as deemed appropriate the
moneys derived pursuant to ORS { - 646A.252 to 646A.270, - }
650.005 to 650.100, 697.005 to 697.095, { - 697.602 to
697.842, - } 705.350 and 717.200 to 717.320 and 731.804 and ORS
chapters 59, 645, 706 to 716, 722, 723, 725 and 726 { + and
sections 1 to 12 of this 2009 Act + } to implement ORS 646A.600
to 646A.628.
SECTION 18. ORS 697.005 is amended to read:
697.005. As used in ORS 697.005 to 697.095:
(1)(a) 'Collection agency' means:
(A) Any person directly or indirectly engaged in soliciting
claims for collection, or collecting or attempting to collect
claims owed, due or asserted to be owed or due to another person
or to a public body;
(B) Any person who directly or indirectly furnishes, attempts
to furnish, sells or offers to sell forms represented to be a
collection system even though the forms direct the debtor to make
payment to the creditor and even though the forms may be or are
actually used by the creditor in the creditor's own name;
(C) Any person who in attempting to collect or in collecting
the person's own claim uses a fictitious name or any name other
than the person's own that indicates to the debtor that a third
person is collecting or attempting to collect the claim;
(D) Any person in the business of engaging in the solicitation
of the right to repossess or in the repossession of collateral
security due or asserted to be due to another person; or
(E) Any person who in the collection of claims from another
person:
(i) Uses any name other than the name regularly used in the
conduct of the business out of which the claim arose; and
(ii) Engages in any action or conduct that tends to convey the
impression that a third party has been employed or engaged to
collect the claim.
(b) 'Collection agency' does not include:
(A) Any individual engaged in soliciting claims for collection,
or collecting or attempting to collect claims on behalf of a
registrant under ORS 697.005 to 697.095, if the individual is an
employee of the registrant;
(B) Any individual collecting or attempting to collect claims
for not more than three employers, if all collection efforts are
carried on in the name of the employer and the individual is an
employee of the employer;
(C) Any person who prepares or mails monthly or periodic
statements of accounts due on behalf of another person if all
payments are made to that other person and no other collection
efforts are made by the person preparing the statements of
accounts;
(D) Any attorney-at-law rendering services in the performance
of the duties of an attorney-at-law;
(E) Any licensed certified public accountant or public
accountant rendering services in the performance of the duties of
a licensed certified public accountant or public accountant;
(F) Any bank, mutual savings bank, consumer finance company,
trust company, savings and loan association, credit union or
{ - debt consolidation agency - } { + debt management service
organization, as defined in section 1 of this 2009 Act + };
(G) Any real estate licensee or escrow agent licensed under the
provisions of ORS chapter 696, as to any collection or billing
activity involving a real estate transaction or collection escrow
transaction of the licensee or escrow agent;
(H) Any individual regularly employed as a credit person or in
a similar capacity by one person, firm or corporation that is not
a collection agency as defined in this section;
(I) Any public officer or any person acting under order of any
court;
(J) Any person acting as a property manager in collecting or
billing for rent, fees, deposits or other sums due landlords of
managed units;
(K) Any person while the person is providing billing services.
A person is providing billing services for the purposes of this
subparagraph if the person engages, directly or indirectly, in
the business or pursuit of collection of claims for other
persons, whether in the other person's name or any other name, by
any means that:
(i) Is an accounting procedure, preparation of mail billing or
any other means intended to accelerate cash flow to the other
person's bank account or to any separate trust account; and
(ii) Does not include any personal contact or contact by
telephone with the person from whom the claim is sought to be
collected;
(L) Any person while the person is providing factoring
services. A person is providing factoring services for the
purposes of this subparagraph if the person engages, directly or
indirectly, in the business or pursuit of:
(i) Lending or advancing money to commercial clients on the
security of merchandise or accounts receivable and then enforcing
collection actions or procedures on such accounts; or
(ii) Soliciting or collecting on accounts that have been
purchased from commercial clients under an agreement whether or
not the agreement:
(I) Allows recourse against the commercial client;
(II) Requires the commercial client to provide any form of
guarantee of payment of the purchased account; or
(III) Requires the commercial client to establish or maintain a
reserve account in any form;
(M) Any individual employed by another person who operates as a
collection agency if the person does not operate as a collection
agency independent of that employment;
(N) Any mortgage banker as defined in ORS 59.840;
(O) Any public utility, as defined in ORS 757.005, any
telecommunications utility, as defined in ORS 759.005, any
people's utility district, as defined in ORS 261.010, and any
cooperative corporation engaged in furnishing electric or
communication service to consumers;
(P) Any public body or any individual collecting or attempting
to collect claims owed, due or asserted to be owed or due to any
public body, if the individual is an employee of the public body;
or
(Q) Any person for whom the Director of the Department of
Consumer and Business Services determines by order or by rule
that the protection of the public health, safety and welfare does
not require registration with the department as a collection
agency.
(2) 'Collection system' means a scheme intended or calculated
to be used to collect claims sent, prepared or delivered by:
(a) A person who in collecting or attempting to collect the
person's own claim uses a fictitious name or any name other than
the person's own that indicates to the debtor that a third person
is collecting or attempting to collect the claim; or
(b) A person directly or indirectly engaged in soliciting
claims for collection, or collecting or attempting to collect
claims owed or due or asserted to be owed or due another person.
(3) 'Claim' means any obligation for the payment of money or
thing of value arising out of any agreement or contract, express
or implied.
(4) 'Client' or 'customer' means any person authorizing or
employing a collection agency to collect a claim.
(5) 'Debtor' means any person owing or alleged to owe a claim.
(6) 'Debts incurred outside this state' means any action or
proceeding that:
(a) Arises out of a promise, made anywhere to the plaintiff or
a third party for the plaintiff's benefit, by the defendant to
perform services outside of this state or to pay for services to
be performed outside of this state by the plaintiff;
(b) Arises out of services actually performed for the plaintiff
by the defendant outside of this state or services actually
performed for the defendant by the plaintiff outside of this
state, if the performance outside of this state was authorized or
ratified by the defendant;
(c) Arises out of a promise, made anywhere to the plaintiff or
a third party for the plaintiff's benefit, by the defendant to
deliver or receive outside of this state or to send from outside
of this state goods, documents of title or other things of value;
(d) Relates to goods, documents of title or other things of
value sent from outside of this state by the defendant to the
plaintiff or a third person on the plaintiff's order or
direction;
(e) Relates to goods, documents of title or other things of
value actually received outside of this state by the plaintiff
from the defendant or by the defendant from the plaintiff,
without regard to where delivery to carrier occurred; or
(f) Where jurisdiction at the time the debt was incurred was
outside of this state.
(7) 'Department' means the Department of Consumer and Business
Services.
(8) 'Director' means the Director of the Department of Consumer
and Business Services.
(9) 'Out-of-state collection agency' means a collection agency
located outside of this state whose activities within this state
are limited to collecting debts incurred outside of this state
from debtors located in this state. As used in this subsection,
'collecting debts' means collecting by means of interstate
communications, including telephone, mail or facsimile
transmission from the collection agency location in another state
on behalf of clients located outside of this state.
(10) 'Person' includes an individual, firm, partnership, trust,
joint venture, association, limited liability company or
corporation.
(11) 'Public body' means:
(a) The state and any branch, department, agency, board or
commission of the state;
(b) Any city, county, district or other political subdivision
or municipal or public corporation and any instrumentality
thereof; and
(c) Any intergovernmental agency, department, council, joint
board of control created under ORS 190.125 or other like entity,
which is created under ORS 190.003 to 190.130 and which does not
act under the direction and control of any single member
government.
(12) 'Registered' or 'registrant' means any person registered
under ORS 697.005 to 697.095 or registered or licensed as a
collection agency under the laws of another state.
(13) 'Statement of account' means a report setting forth
amounts billed, invoices, credits allowed or aged balance due.
SECTION 19. ORS 697.990 is amended to read:
697.990. (1) Violation of ORS 697.015 or 697.058 by an
individual is a Class A violation.
(2) Violation of ORS 697.015 or 697.058 by a corporation or
association is a Class A violation. Any officer or agent of a
corporation or association who personally participates in any
violation of ORS 697.015 or 697.058 by the corporation or
association is subject to the penalty prescribed in subsection
(1) of this section.
{ - (3) Violation of ORS 697.612 or 697.642 to 697.702 is
punishable, upon conviction, as a Class A misdemeanor. - }
SECTION 20. ORS 697.992 is amended to read:
697.992. Justice courts have concurrent jurisdiction with
circuit courts in all criminal prosecutions for violation of ORS
697.015 { - , - } { + and + } 697.058 { + . + } { - , 697.612
and 697.642 to 697.702. - }
SECTION 21. ORS 705.137 is amended to read:
705.137. (1) Except as provided in subsection (3) of this
section, any document, material or other information that is in
the possession or control of the Department of Consumer and
Business Services for the purpose of administering ORS
{ - 646A.250 to 646A.270, - } 697.005 to 697.095, { - 697.602
to 697.842, - } 717.200 to 717.320, 717.900 and 717.905, ORS
chapters 59, 722, 723, 725 and 726, the Bank Act and the
Insurance Code { + and sections 1 to 12 of this 2009 Act + } and
that is described in statute as confidential or as not subject to
disclosure is not subject to disclosure under ORS 192.410 to
192.505, is not subject to subpoena and is not subject to
discovery or admissible in evidence in any private civil action.
The Director of the Department of Consumer and Business Services
may use such confidential documents, materials or other
information in administering ORS { - 646A.250 to 646A.270, - }
697.005 to 697.095, { - 697.602 to 697.842, - } 717.200 to
717.320, 717.900 and 717.905, ORS chapters 59, 722, 723, 725 and
726, the Bank Act and the Insurance Code { + and sections 1 to
12 of this 2009 Act, + } and in the furtherance of any other
regulatory or legal action brought as a part of the director's
duties.
(2) Any document, material or other information to which
subsection (1) of this section applies is subject to the public
officer privilege described in ORS 40.270.
(3) In order to assist in the performance of the director's
duties, the director:
(a) May authorize the sharing of confidential documents,
materials and other information subject to subsection (1) of this
section as appropriate among the administrative divisions and
staff offices of the department created under ORS 705.115 for the
purpose of administering and enforcing the statutes referred to
in subsection (1) of this section, in order to enable the
administrative divisions and staff offices to carry out their
functions and responsibilities.
(b) May share documents, materials and other information,
including the confidential documents, materials and other
information that is subject to subsection (1) of this section or
that is otherwise confidential under ORS 192.501 or 192.502, with
other state, federal, foreign and international regulatory and
law enforcement agencies and with the National Association of
Insurance Commissioners and its affiliates or subsidiaries, if
the recipient agrees to maintain the confidentiality of the
documents, materials and other information.
(c) May receive documents, materials and other information,
including otherwise confidential documents, materials and other
information, from state, federal, foreign and international
regulatory and law enforcement agencies and from the National
Association of Insurance Commissioners and its affiliates or
subsidiaries. The director shall maintain as confidential as
provided in this section any such document, material or other
information received upon notice or with an understanding that it
is confidential or privileged under the laws of the jurisdiction
that is the source of the document, material or other
information.
(4) Neither disclosure of documents, materials or other
information to the director under this section nor the sharing of
documents, materials or other information as authorized in
subsection (3) of this section waives any applicable privilege or
claim of confidentiality in the documents, materials or other
information.
(5) This section does not prohibit the director from releasing
final, adjudicated actions, including suspensions or revocations
of certificates of authority or licenses, when the actions are
otherwise open to public inspection, to a database or other
clearinghouse service maintained by the National Association of
Insurance Commissioners or its affiliates or subsidiaries.
SECTION 22. { + ORS 646A.250, 646A.252, 646A.254, 646A.256,
646A.258, 646A.260, 646A.262, 646A.264, 646A.266, 646A.268,
646A.270, 697.602, 697.612, 697.622, 697.632, 697.642, 697.652,
697.662, 697.672, 697.682, 697.692, 697.702, 697.707, 697.712,
697.722, 697.732, 697.742, 697.752, 697.762, 697.772, 697.782,
697.792, 697.802, 697.812, 697.822, 697.825, 697.832 and 697.842
are repealed. + }
SECTION 23. { + Sections 1 to 12 of this 2009 Act, the
amendments to ORS 192.501, 192.502, 646.608, 646A.628, 697.005,
697.990, 697.992 and 705.137 by sections 13 to 21 of this 2009
Act and the repeal of ORS 646A.250, 646A.252, 646A.254, 646A.256,
646A.258, 646A.260, 646A.262, 646A.264, 646A.266, 646A.268,
646A.270, 697.602, 697.612, 697.622, 697.632, 697.642, 697.652,
697.662, 697.672, 697.682, 697.692, 697.702, 697.707, 697.712,
697.722, 697.732, 697.742, 697.752, 697.762, 697.772, 697.782,
697.792, 697.802, 697.812, 697.822, 697.825, 697.832 and 697.842
by section 22 of this 2009 Act apply to:
(1) A person that engages in or offers to engage in, represents
to the public in any manner that the person is engaged in or
charges fees related to debt management services on or after the
operative date specified in section 24 (1) of this 2009 Act; and
(2) A contract for debt management services entered into on or
after the operative date specified in section 24 (1) of this 2009
Act. + }
SECTION 24. { + (1) Sections 1 to 12 of this 2009 Act, the
amendments to ORS 192.501, 192.502, 646.608, 646A.628, 697.005,
697.990, 697.992 and 705.137 by sections 13 to 21 of this 2009
Act and the repeal of ORS 646A.250, 646A.252, 646A.254, 646A.256,
646A.258, 646A.260, 646A.262, 646A.264, 646A.266, 646A.268,
646A.270, 697.602, 697.612, 697.622, 697.632, 697.642, 697.652,
697.662, 697.672, 697.682, 697.692, 697.702, 697.707, 697.712,
697.722, 697.732, 697.742, 697.752, 697.762, 697.772, 697.782,
697.792, 697.802, 697.812, 697.822, 697.825, 697.832 and 697.842
by section 22 of this 2009 Act become operative January 2, 2010.
(2) The Director of the Department of Consumer and Business
Services may take any action before the operative date set forth
in subsection (1) of this section that is necessary to enable the
director to exercise, on and after the operative date, all the
duties, functions and powers conferred on the director by
sections 1 to 12 of this 2009 Act, the amendments to ORS 192.501,
192.502, 646.608, 646A.628, 697.005, 697.990, 697.992 and 705.137
by sections 13 to 21 of this 2009 Act and the repeal of ORS
646A.250, 646A.252, 646A.254, 646A.256, 646A.258, 646A.260,
646A.262, 646A.264, 646A.266, 646A.268, 646A.270, 697.602,
697.612, 697.622, 697.632, 697.642, 697.652, 697.662, 697.672,
697.682, 697.692, 697.702, 697.707, 697.712, 697.722, 697.732,
697.742, 697.752, 697.762, 697.772, 697.782, 697.792, 697.802,
697.812, 697.822, 697.825, 697.832 and 697.842 by section 22 of
this 2009 Act.
(3) The director by rule or order may provide a procedure by
which a person registered under ORS 646A.252 to 646A.270 or
697.602 to 697.842 may become registered under sections 1 to 12
of this 2009 Act. + }
SECTION 25. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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