Bill Text: OR HB2083 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the confidentiality of documents obtained during a mortgage lending examination; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-06-16 - Chapter 350, (2011 Laws): Effective date June 16, 2011. [HB2083 Detail]
Download: Oregon-2011-HB2083-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2083
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for
Department of Consumer and Business Services)
CHAPTER ................
AN ACT
Relating to the confidentiality of documents obtained during a
mortgage lending examination; amending ORS 86A.124; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 86A.124, as amended by section 20, chapter 863,
Oregon Laws 2009, is amended to read:
86A.124. { + (1) + } The Director of the Department of
Consumer and Business Services has general supervision and
control over mortgage loan originators, mortgage bankers and
mortgage brokers
{ - residing or doing - } { + that reside or do + } business
in this state and
{ - engaged - } { + that engage + } in an activity that is
subject to the provisions of ORS 86A.095 to 86A.198. { + The
director may examine at any time + }mortgage bankers and
mortgage brokers and the records and activities connected with
mortgage bankers, mortgage brokers and mortgage loan originators
{ - are subject to examination by the director at any time - } .
The provisions of this section and of any other section of ORS
86A.095 to 86A.198 relating to examinations extend to a person
that is or should have been licensed as a mortgage loan
originator under ORS 86A.200 to 86A.239 or licensed as a mortgage
banker or mortgage broker, a person exempted by rule from the
definitions of mortgage banker, mortgage broker or mortgage loan
originator or a person whose license has expired or has been
withdrawn, canceled, suspended, conditioned or revoked. The
director may collect from the person the actual expenses incurred
in the examination.
{ + (2)(a) A mortgage loan document the director obtains as
part of an examination under this section is exempt from
disclosure and is confidential for the purposes of ORS 705.137.
(b) This subsection does not prohibit an individual from
inspecting and requesting the director to disclose any of the
individual's mortgage loan documents that the director obtained
during the course of an examination. The director shall
authenticate the individual's identity before disclosing the
mortgage loan documents to the individual. + }
SECTION 2. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
Enrolled House Bill 2083 (HB 2083-A) Page 1
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House March 7, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 31, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2083 (HB 2083-A) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2083 (HB 2083-A) Page 3
