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 1399
House Bill 2368
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Consumer Protection)
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.
Prohibits person from providing or offering to provide debt
management service in return for money or other consideration.
Exempts certain persons.
Provides that court may enjoin violation of Act. Punishes
violation by maximum of one year's imprisonment, $6,250 fine, or
both.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to debt management service; creating new provisions;
amending ORS 192.501, 192.502, 646.608, 646A.110, 646A.628,
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 3 of this 2009 Act:
(1) 'Debt management service' means, in return for a payment of
money or other valuable consideration or in the expectation of
receiving a payment of money or other valuable consideration:
(a) Accepting or offering to accept funds from a debtor for the
purpose of distributing all or a portion of the funds among the
debtor's creditors in full or partial payment of the debtor's
debts, whether or not the person accepting the funds from the
debtor holds the funds;
(b) Improving or offering to improve, by means of negotiation
or otherwise, a debtor's credit record, credit history or credit
rating;
(c) Negotiating or offering to negotiate to settle a debtor's
debts incurred by reason of another person's extension of credit
to the debtor; or
(d) Providing advice, assistance, instruction or instructional
materials to a debtor with respect to any of the activities
described in paragraphs (a) to (c) of this subsection.
(2) 'Debtor' means an individual who owes or is alleged to owe
money as a result of another person's extension of credit to the
individual.
(3) 'Person' means an individual, partnership, corporation,
association or other entity. + }
SECTION 2. { + (1) A person may not engage in a business in
this state the purpose of which is to perform a debt management
service.
(2) Violation of this section is a Class A misdemeanor.
(3) Subsections (1) and (2) of this section do not apply to:
(a) A public body;
(b) An attorney licensed or otherwise authorized to practice
law in this state if the attorney performs a debt management
service only incidentally in the practice of law;
(c) A person acting within the scope of the person's employment
to provide a debt management service to the person's employer;
(d) A person acting under an order or judgment of a court;
(e) A person that is a creditor for a debtor or an agent of a
creditor for the debtor, if the person performs a debt management
service at no cost to the debtor;
(f) A person for which the provision of a debt management
service is subject to regulation under federal law that preempts
the provisions of this section;
(g) A person that, at the debtor's request, extends credit to
the debtor and that, with the debtor's authorization, performs a
debt management service in the course of providing the credit
without compensation for the debt management service;
(h) An accredited educational institution or program that
offers or performs a debt management service incidentally in the
performance of the institution's or program's primary functions
and at no cost to the debtor;
(i) A nonprofit organization organized for the purpose of
providing a debt management service as a community service at no
cost to the debtor; or
(j) A nonprofit budget and credit counseling agency exempt from
taxation under section 501(c)(3) of the Internal Revenue Code of
1986 and approved by the United States trustee under 11
U.S.C. 111 that:
(A) Provides only instructional courses concerning personal
financial management, as described in 11 U.S.C. 111; and
(B) Does not receive or offer to receive funds from a debtor
for the purpose of distributing the funds among the debtor's
creditors in full or partial payment of the debtor's debts. + }
SECTION 3. { + (1) A prosecuting attorney who has probable
cause to believe that a person has violated, is violating or is
about to violate a provision of section 2 of this 2009 Act may
bring suit in the name of the State of Oregon in an appropriate
court to restrain the person from engaging in the violation and
to enforce compliance with section 2 of this 2009 Act. Upon a
proper showing, the court shall grant a permanent or temporary
injunction or restraining order and may appoint a receiver for
the funds and property employed in a violation of section 2 of
this 2009 Act for the purpose of returning to a debtor any money
or property that the person received from the debtor in the
course of the violation that the person has not paid to the
debtor's creditors.
(2) As used in this section, 'prosecuting attorney' means the
Attorney General or the district attorney of the county in which
a violation of section 2 of this 2009 Act is alleged to have
occurred. + }
SECTION 4. 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. - }
{ - (11) - } { + (10) + } 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) - } { + (11) + } A personnel discipline action, or
materials or documents supporting that action.
{ - (13) - } { + (12) + } 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) - } { + (13) + } Writings prepared by or under the
direction of faculty of public educational institutions, in
connection with research, until publicly released, copyrighted or
patented.
{ - (15) - } { + (14) + } 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) - } { + (15) + } Data and information provided by
participants to mediation under ORS 36.256.
{ - (17) - } { + (16) + } 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) - } { + (17) + } 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) - } { + (18)(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) - } { + (19) + } The residence address of an
elector if authorized under ORS 247.965 and subject to ORS
247.967.
{ - (21) - } { + (20) + } 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) - } { + (21) + } 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) - } { + (22) + } 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) - } { + (23) + } 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) - } { + (24) + } 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) - } { + (25) + } 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) - } { + (26) + } 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) - } { + (27) + } Social Security numbers as
provided in ORS 107.840.
{ - (29) - } { + (28) + } 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) - } { + (29) + } 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) - } { + (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.
{ - (32) - } { + (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.
{ - (33) - } { + (32) + } Land management plans required
for voluntary stewardship agreements entered into under ORS
541.423.
SECTION 5. 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. - }
{ - (11) - } { + (10) + } 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) - } { + (11) + } A personnel discipline action, or
materials or documents supporting that action.
{ - (13) - } { + (12) + } 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) - } { + (13) + } Writings prepared by or under the
direction of faculty of public educational institutions, in
connection with research, until publicly released, copyrighted or
patented.
{ - (15) - } { + (14) + } 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) - } { + (15) + } Data and information provided by
participants to mediation under ORS 36.256.
{ - (17) - } { + (16) + } 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) - } { + (17) + } 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) - } { + (18)(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) - } { + (19) + } The residence address of an
elector if authorized under ORS 247.965 and subject to ORS
247.967.
{ - (21) - } { + (20) + } 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) - } { + (21) + } 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) - } { + (22) + } 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) - } { + (23) + } 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) - } { + (24) + } 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) - } { + (25) + } 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) - } { + (26) + } 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) - } { + (27) + } Social Security numbers as
provided in ORS 107.840.
{ - (29) - } { + (28) + } 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) - } { + (29)(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) - } { + (30) + } 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) - } { + (31) + } Land management plans required
for voluntary stewardship agreements entered into under ORS
541.423.
SECTION 6. 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 when:
(a) The document, material or other information is received
upon notice or with an understanding that { - it - } { + the
document + } 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 7. 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. - }
{ - (qq) - } { + (pp) + } Violates ORS 646A.095.
{ - (rr) - } { + (qq) + } Violates ORS 822.046.
{ - (ss) - } { + (rr) + } Violates ORS 128.001.
{ - (tt) - } { + (ss) + } Violates ORS 646.649 (2) to (4).
{ - (uu) - } { + (tt) + } Violates ORS 646A.090 (2) to (4).
{ - (vv) - } { + (uu) + } Violates ORS 87.686.
{ - (ww) - } { + (vv) + } Violates ORS 646.651.
{ - (xx) - } { + (ww) + } Violates ORS 646A.362.
{ - (yy) - } { + (xx) + } Violates ORS 646A.052 or any rule
adopted under ORS 646A.052 or 646A.054.
{ - (zz) - } { + (yy) + } Violates ORS 180.440 (1).
{ - (aaa) - } { + (zz) + } Commits the offense of acting as
a vehicle dealer without a certificate under ORS 822.005.
{ - (bbb) - } { + (aaa) + } Violates ORS 87.007 (2) or (3).
{ - (ccc) - } { + (bbb) + } Violates ORS 92.405 (1), (2) or
(3).
{ - (ddd) - } { + (ccc) + } Engages in an unlawful practice
under ORS 646.648.
{ - (eee) - } { + (ddd) + } Violates ORS 646A.365.
{ - (fff) - } { + (eee) + } Violates ORS 98.854 or 98.858
or a rule adopted under ORS 98.864.
{ - (ggg) - } { + (fff) + } Sells a gift card in violation
of ORS 646A.276.
{ - (hhh) - } { + (ggg) + } Violates ORS 646A.102, 646A.106
or 646A.108.
{ - (iii) - } { + (hhh) + } Violates ORS 646A.430 to
646A.450.
{ - (jjj) - } { + (iii) + } Violates a provision of
sections 2 to 6, chapter 19, Oregon Laws 2008.
{ - (kkk) - } { + (jjj) + } 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) - } { + (1)(yy) + } 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 8. ORS 646A.110 is amended to read:
646A.110. (1) ORS 646.608 { - (1)(fff) - } { +
(1)(eee) + }, 646A.100 to 646A.110 and 646A.112 apply only to
{ - persons - } { + a person + } who
{ - engage - } { + engages + } in the retail sale of
merchandise in the regular course of { - their - } { + the
person's + } business.
(2) ORS 646.608 { - (1)(fff) - } { + (1)(eee) + }, 646A.100
to 646A.110 and 646A.112 do not apply to { + a + } public
{ - officials - } { + official + } acting within the scope of
{ - their - } { + the public official's + } duties { - as
public officials - } .
SECTION 9. 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
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 to implement ORS 646A.600 to 646A.628.
SECTION 10. 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 - } { + An + }
officer or agent of a corporation or association who personally
participates in { - any - } { + a + } 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 11. 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 12. ORS 705.137 is amended to read:
705.137. (1) Except as provided in subsection (3) of this
section, { - any - } { + a + } 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 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 - } { + a + } 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 in the furtherance of { - any other - }
{ + a + } 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 { + of the National Association of
Insurance Commissioners + }. 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 - } { + the document + } 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 { + of the National Association of Insurance
Commissioners + }.
SECTION 13. { + 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 14. { + Sections 1 to 3 of this 2009 Act, the
amendments to ORS 192.501, 192.502, 646.608, 646A.110, 646A.628,
697.990, 697.992 and 705.137 by sections 4 to 12 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 13 of this 2009 Act apply to a provision of or an
offer to provide a debt management service that occurs on or
after the effective date of this 2009 Act. + }
SECTION 15. { + 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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