75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SMRA to SB 328
LC 864/SB 328-MR1
SENATE MINORITY REPORT
AMENDMENTS TO
SENATE BILL 328
February 24
President Courtney:
A minority of your Committee on Consumer Protection and Public
Affairs, to whom was referred Senate Bill 328, having had the
same under consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:
In line 2 of the printed bill, delete 'creating new provisions;
and amending ORS 646.607' and insert 'amending ORS 697.039,
697.091, 697.093 and 697.095'.
Delete lines 4 through 21 and insert:
' { + SECTION 1. + } ORS 697.039 is amended to read:
' 697.039. (1) The Director of the Department of Consumer and
Business Services may refuse to issue or renew or may revoke or
suspend { - any - } { + a + } registration under ORS 697.031
if the director determines that { + a person that is registered
under ORS 697.031 + }:
' (a) { - Any information a person - } Files { + false or
untruthful information + } with the director under ORS 697.031
{ - is false or untruthful - } ;
' (b) { - A person has - } Violated { - any of the
rules - } { + a rule + } of the director for registration under
ORS 697.031;
' (c) { - A person has - } Violated the provisions of ORS
697.045 or 697.058;
' { + (d) Violated a provision of ORS 646.639; + }
' { - (d) - } { + (e) + } { - A person has - } Failed to
maintain in effect the bond or { - an - } irrevocable letter
of credit required under ORS 697.031;
' { - (e) - } { + (f) + } { - A person has - } Died or
{ - become - } { + became + } incapacitated;
' { - (f) - } { + (g) + } { - A person has - } Engaged in
dishonest, fraudulent or illegal practices or conduct in
{ - any - } { + a + } business or profession; or
' { - (g) - } { + (h) + } { - A person has been - } { +
Was + } convicted of a felony or misdemeanor, an essential
element of which is fraud.
' (2) A revocation or suspension under this section may be for
a time certain or upon condition that certain acts be performed.
' (3) If the director issued an initial order { - of
revocation of - } { + to revoke + } a registration before
{ - the expiration of - } the registration { + expired + },
the director may enter a final order of revocation even though
the registration has expired.
' (4) { + The director's + }actions { - of the director - }
under this section are subject to the provisions of ORS chapter
183.
' { + SECTION 2. + } ORS 697.091 is amended to read:
' 697.091. (1) A person who violates { - any - } { + a + }
provision of ORS { + 646.639, + } 697.015 or 697.058 or
{ - any - } { + a + } rule adopted under ORS 697.031 or
697.085 { - shall - } { + may + } not charge or receive
{ - any - } { + a + } fee or compensation on { - any - }
moneys received or collected while in violation of { - any - }
{ + a + } provision of ORS { + 646.639, + } 697.015 or 697.058
or { - any - } { + a + } rule adopted under ORS 697.031 or
697.085.
' (2) A person { - shall - } { + may + } not charge or
receive { - any - } { + a + } fee or compensation on
{ - any - } moneys received or collected while operating in
accordance with { - any - } { + a + } provision of ORS
697.015 or 697.058 or { - any - } { + a + } rule adopted
under ORS 697.031 or 697.085 but that is received or collected as
a result of the person's acts as a collection agency or
out-of-state collection agency operating in violation of
{ - any - } { + a + } provision of ORS { + 646.639, + }
697.015 or 697.058 or { - any - } { + a + } rule adopted
under ORS 697.031 or 697.085.
' (3) { - All - } Moneys collected or received in violation
of this section shall be immediately returned to the assignors,
or their assigns, of the account on which the moneys were paid.
' { + SECTION 3. + } ORS 697.093 is amended to read:
' 697.093. (1) The Director of the Department of Consumer and
Business Services may:
' (a) Undertake { - the - } investigations, including
investigations outside this state, that the director considers
necessary to determine whether a person has:
' (A) Violated, is violating or is about to violate:
' (i) ORS { + 646.639, + } 697.015, 697.031, 697.045, 697.058,
697.091, 697.105 or 697.115;
' (ii) A rule adopted under ORS 697.031, 697.085 or 697.086; or
' (iii) An order issued under this section;
' (B) Filed information under ORS 697.031 that is false or
untruthful; or
' (C) Failed to maintain in effect the bond or { - an - }
irrevocable letter of credit required under ORS 697.031.
' (b) Require a person to file a statement in writing, under
oath or otherwise, concerning the matter being investigated.
' (c) Take evidence from witnesses and compel the attendance of
witnesses and the production of books, papers, correspondence,
memoranda, agreements or other documents or records that the
director considers relevant or material to an investigation or
proceeding.
' (d) If the director has reason to believe that a person has:
' (A) Violated, is violating or is about to violate ORS { +
646.639, + } 697.015, 697.031, 697.045, 697.058, 697.091, 697.105
or 697.115 or a rule adopted under ORS 697.031, 697.085 or
697.086, issue an order to cease and desist from the violation.
' (B) Filed information under ORS 697.031 that is false or
untruthful, issue an order to correct the filing.
' (C) Failed to maintain in effect the bond or { - an - }
irrevocable letter of credit required under ORS 697.031, issue an
order to remedy the failure.
' (2) The authority conferred by this section is in addition to
and not in lieu of { - any - } other authority conferred on
the director.
' { + SECTION 4. + } ORS 697.095 is amended to read:
' 697.095. (1) In addition to any other penalty provided by
law, a person who violates any provision of ORS { + 646.639, + }
697.015 or 697.058 or { - any - } { + a + } rule adopted
under ORS 697.031, 697.085 or 697.086 is subject to forfeiture
and payment of a civil penalty to the Department of Consumer and
Business Services in an amount of not more than $1,000 for each
offense.
' (2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
' (3) All penalties recovered shall be deposited in the
Consumer and Business Services Fund created by ORS 705.145.'.
/sLarry George
Senator
/sFred Girod
Senator
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