Recapping The 2017 Legislative Session

The 2017 legislative session is over. There are a number of bills that may impact your practice – or at least that you will want to know about in order to better screen and advise prospective clients. Below is a list of bills with very short summaries. If you are interested in any of them, you can read the full bill text at olis.leg.state.or.us. Or, you can wait until a more detailed summary of many of these bills is available through the Bar. Unless noted below, the effective date of these bills is January 1, 2018.

Mortgage / Foreclosure / Housing / Rental

SB 79 – Effective date: June 6, 2017. The VA can opt out of participating in a resolution conference.

SB 98 – Waiting for the governor’s signature. Titled the Mortgage Loan Servicer Practices Act. Requires a license from DCBS for mortgage servicers. Sections 9, 12 and 14 set forth requirements for mortgage servicers.

SB 277 – Effective date: June 14, 2017. Requires at least 30 days written notice before terminating a rental agreement for a manufactured dwelling or floating home in serious disrepair. Otherwise, termination notice for disrepair is extended to 60 days. A landlord needs to provide information about disrepair to prospective tenants.

SB 381 – Requires certain loan notices to be mailed to all addresses on file, including a PO Box.

SB 838 – Adds exceptions to ORS 94.807 related to timeshares.

HB 2359 – Removes the requirement in ORS 86.748 for a beneficiary to mail a copy of the notice to DOJ.

HB 2562 – Enhances notice provisions relating to taxes for reverse mortgages.

HB 2624 – Changes exemption for certain banks under ORS 713.300.

HB 3184 – Effective date: June 6, 2017. DCBS can develop a loan counseling program.

Motor Vehicles / Towing

SB 117 – Requires a tower to get written consent from a parking lot owner prior to towing a vehicle, unless the vehicle blocks the entrance or another vehicle or in certain apartment complexes. Requires tower to tow vehicle to tower’s nearest storage facility in the same county. Adds additional causes of action under ORS 646.608.

SB 134 – Amends ORS 646A.090. Allows dealer to provide notice through written electronic communication. Dealers can charge for all mileage added to the vehicle, unless the consumer made a reasonable attempt to return the vehicle within 5 days of receiving notice, in which case the dealer cannot charge for any mileage.

SB 338 – Exempts consumer finance companies from needing to comply with GAP waiver provisions.

SB 488 – Requires law enforcement to share contact information from a stolen vehicle report with a tower, when the tower tows a vehicle reported as stolen. Allows a consumer who does not have applicable insurance coverage to transfer title to a tower in lieu of paying the towing and storage fees.

SB 974 – Increases motorcycle dealers’ bond to $10,000, but limits claims to retail customers. Increases other vehicle dealers’ bond to $50,000 and limits non-retail customer bond claims to $10,000. Eliminates any new motorcycle dealer certificates (aka DMV dealer license).

Collections Activities / Student Loans

SB 253 – Requires colleges to provide certain information to students about federal student loans.

SB 254 – Waiting for the governor’s signature. Requires financial institutions to participate in a data match system established by the Department of Revenue. Prohibits garnishment for delinquent child support obligors.

HB 2134 – Effective date: January 2, 2018. Raises the amount that can be collected for low-income electric bill payment assistance.

HB 2356 – Debt buyers need to include certain information in a complaint. A debt buyer needs to provide a consumer the underlying documents within 30 days of receiving a request from the consumer. Amends ORS 646.639 to prohibit: collection of certain medical expenses; filing a legal action after the statute of limitations expires; collecting amounts not authorized by the agreement creating the debt or permitted by law; and a debt buyer from filing a legal action without having certain documents in its possession. Requires a license from DCBS for debt buyers.

Court / Notices / Business Records

HB 2191 – Waiting for the governor’s signature. Gives the Secretary of State investigatory and enforcement authority. Provides that officers, directors, employees and agents of shell entities are liable for damages in certain instances. Articles of incorporation must include a physical street address and contact information for at least one individual. A registered agent cannot be at a mail forwarding company or a virtual office.

HB 2357 – Amends ORS 33.025 relating to contempt of court to include LLCs and partnerships.

HB 2619 – Amends ORS 726.400 to permit pawnbrokers to provide electronic notice.

HB 2734 – Allows a spouse to appear in certain circumstances in small claims court.

HB 2920 – Requires judgment creditor to file a satisfaction. Permits judgment debtor’s reasonable attorney fees in certain circumstances if judgment debtor does not file a satisfaction.

Residential care facilities

HB 2661 – Waiting for the governor’s signature. Requires certain disclosures by a referral agent before providing a client with a long term care referral. Prohibits certain referrals and sharing of information when the referral agent has a potential conflict of interest. Creates a cause of action under ORS 646.608. Requires referral agents to be registered with DHS.

HB 3359 – Waiting for the governor’s signature. Gives DHS investigatory and enforcement authority over residential care facilities and long term care facilities. Requires DHS to publish annual reports. Increases licensing fees. Requires facilities to have certain employee training.

Misc.

SB 330 – Requires customer to affirmatively agree to receive electronic notices for portable electronics insurance. Reduces advance notice of modification or termination of insurance to 30 days.

HB 2090 – Requires company to follow its publicly published privacy policy. Enforced by the Attorney General under ORS 646.607.

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