Bill Text: OR SB558 | 2013 | Regular Session | Enrolled
Bill Title: Relating to foreclosures of residential trust deeds; and declaring an emergency.
Sponsorship: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2013-06-06 - Effective date, June 4, 2013. [SB558 Detail]
Download: Oregon-2013-SB558-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 558
Sponsored by Senators BOQUIST, BEYER, ROSENBAUM, HASS; Senators
BATES, COURTNEY, DEVLIN, EDWARDS, MONNES ANDERSON, ROBLAN,
SHIELDS, Representatives GALLEGOS, HOLVEY
CHAPTER ................
AN ACT
Relating to foreclosures of residential trust deeds; creating new
provisions; amending ORS 86.735, 86.740, 88.010, 646.607 and
646.638 and sections 2, 4 and 4a, chapter 112, Oregon Laws
2012; repealing sections 2a and 3, chapter 112, Oregon Laws
2012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2, 3, 4, 5 and 6 of this 2013 Act are
added to and made a part of ORS 86.705 to 86.795. + }
SECTION 2. { + (1)(a) Except as provided in paragraph (b) of
this subsection, a beneficiary that intends to foreclose a
residential trust deed shall first request a resolution
conference with the grantor before the beneficiary or the trustee
files a notice of default under ORS 86.735 or before the
beneficiary brings suit under ORS 88.010.
(b)(A) The requirement to request or participate in a
resolution conference with a grantor in accordance with
subsection (2) or (3) of this section does not apply to a
beneficiary if the beneficiary submits to the Attorney General a
sworn affidavit that states that during the preceding calendar
year the beneficiary did not commence or cause an affiliate,
subsidiary or agent of the beneficiary to commence more than 175
actions to foreclose a residential trust deed by advertisement
and sale under ORS 86.735 or by suit under ORS 88.010. A
beneficiary that is a trustee shall include as part of the total
number of foreclosure actions that the beneficiary commenced in
the previous calendar year all foreclosure actions that the
beneficiary commenced under ORS 86.735 or 88.010 in the
beneficiary's capacity as a trustee. A beneficiary that intends
to claim an exemption under this subparagraph shall submit the
affidavit in a form and with the contents the Attorney General
specifies by rule either:
(i) Not later than January 31 in any calendar year in which the
beneficiary intends to claim the exemption for the remainder of
the calendar year; or
(ii) At the time the beneficiary files a notice of default
under ORS 86.735 or brings suit under ORS 88.010.
(B) An exemption under subparagraph (A) of this paragraph
expires at the end of the calendar year in which the beneficiary
claims the exemption.
Enrolled Senate Bill 558 (SB 558-A) Page 1
(c) A beneficiary that claims an exemption under this
subsection is not exempt from the requirements set forth in
section 4a, chapter 112, Oregon Laws 2012.
(2) The beneficiary shall request a resolution conference
through the service provider. The beneficiary shall submit the
request to the service provider electronically, by facsimile or
by mail and shall submit a processing fee in an amount and in a
manner that the Attorney General specifies by rule. The service
provider shall pay to the Attorney General, for deposit into the
Foreclosure Avoidance Fund established under section 4, chapter
112, Oregon Laws 2012, moneys the service provider receives from
the beneficiary under this subsection. The beneficiary's request
under this subsection must identify the residential trust deed
that the beneficiary intends to foreclose and list the name,
title, address, telephone number and other available contact
information for:
(a) The beneficiary;
(b) Any agent of the beneficiary that will attend the
resolution conference;
(c) Any person other than a person identified in paragraph (a)
or (b) of this subsection that will receive, on the beneficiary's
behalf, notices or other communications related to the resolution
conference; and
(d) The grantor.
(3)(a) If a beneficiary does not request a resolution
conference under subsection (1) of this section, a grantor may
request a resolution conference with the beneficiary if:
(A) The beneficiary or the trustee has not filed a notice of
default under ORS 86.735 or the beneficiary has not commenced a
suit under ORS 88.010; and
(B) The grantor first obtains from a housing counselor a
certification in writing that the grantor is more than 30 days in
default on the obligation that the residential trust deed secures
or, if the grantor is not in default, that the grantor has a
financial hardship that the housing counselor believes may
qualify the grantor for a foreclosure avoidance measure.
(b) A grantor shall request a resolution conference through the
service provider. The grantor shall submit the request to the
service provider electronically, by facsimile or by mail and
shall enclose with the request the written certification the
housing counselor provides under paragraph (a)(B) of this
subsection. The Attorney General by rule shall specify the
information that the request must include.
(c) A beneficiary that receives a notice from a service
provider after the service provider receives a request from a
grantor under paragraph (b) of this subsection is subject to the
requirements set forth in this section and sections 3, 4 and 5 of
this 2013 Act and section 4a, chapter 112, Oregon Laws 2012.
(d) This subsection does not apply to a beneficiary that has
submitted an affidavit and is exempt under subsection (1)(b) of
this section.
(4) A beneficiary that submitted an affidavit in accordance
with subsection (1)(b) of this section may, without waiving the
exemption the beneficiary claimed in the affidavit, request a
resolution conference with a grantor. The beneficiary shall
submit a request under this subsection in accordance with the
requirements set forth in subsection (2) of this section, except
that submitting the request does not require a processing
fee. + }
Enrolled Senate Bill 558 (SB 558-A) Page 2
SECTION 3. { + (1)(a) Within 10 days after a service provider
receives a request for a resolution conference under section 2 of
this 2013 Act, the service provider shall schedule the resolution
conference and mail a notice to the beneficiary and to the
grantor. The service provider shall schedule the resolution
conference to occur within 75 days after the date on which the
service provider sends the notice.
(b) A notice under this subsection must:
(A) Specify a range of dates within which and a location at
which the resolution conference will occur;
(B) State that the beneficiary and the grantor each must pay
the facilitator's fees for the resolution conference;
(C) List and describe the documents that the beneficiary and
the grantor must submit to the service provider;
(D) State that the grantor must consult a housing counselor
before attending the resolution conference unless the grantor
notifies the service provider that the grantor could not obtain
an appointment with a housing counselor before the date of the
resolution conference;
(E) State that the grantor may have an attorney or housing
counselor present to represent the grantor at the resolution
conference, and that the attorney or housing counselor must
attend the resolution conference in person unless there are
compelling circumstances that prevent attendance in person; and
(F) Include any other information the Attorney General requires
by rule.
(2) Within 25 days after the date on which the service provider
sends a notice under subsection (1) of this section:
(a) The grantor shall pay a fee to the service provider in an
amount and in a manner that the Attorney General specifies by
rule. The grantor's fee may not exceed $200. Within five days
after receiving the fee from the grantor, the service provider
shall send a written notice to the grantor and the beneficiary
that specifies the date, time and location of the resolution
conference.
(b) The service provider shall pay to the Attorney General, for
deposit into the Foreclosure Avoidance Fund established under
section 4, chapter 112, Oregon Laws 2012, moneys the service
provider receives from the grantor under paragraph (a) of this
subsection.
(c) The grantor shall submit to the service provider:
(A) Information about the grantor's income, expenses, debts and
other obligations;
(B) A description of the grantor's financial hardship, if any;
(C) Documents that verify the grantor's income; and
(D) Any other information the Attorney General requires by
rule.
(3) The grantor shall consult a housing counselor before
attending the resolution conference unless the grantor cannot
obtain an appointment with a housing counselor before the date of
the resolution conference.
(4) Within 25 days after the service provider makes the
information the grantor submitted under subsection (2) of this
section available to the beneficiary, the beneficiary shall:
(a) Pay a fee to the service provider in an amount that is not
more than $600 and in a manner that the Attorney General
specifies by rule. The service provider shall pay to the Attorney
General, for deposit into the Foreclosure Avoidance Fund
established under section 4, chapter 112, Oregon Laws 2012,
Enrolled Senate Bill 558 (SB 558-A) Page 3
moneys the service provider receives from the beneficiary under
this paragraph.
(b) Submit to the service provider:
(A) Copies of:
(i) The residential trust deed; and
(ii) The promissory note that is evidence of the obligation
that the residential trust deed secures and that the beneficiary
or beneficiary's agent certifies is a true copy;
(B) The name and address of the person that owns the obligation
that is secured by the residential trust deed;
(C) A record of the grantor's payment history for the longer of
the preceding 12 months or since the beneficiary last deemed the
grantor current on the obligation;
(D) An itemized statement that shows:
(i) The amount the grantor owes on the obligation, itemized to
reflect the principal, interest, fees, charges and any other
amounts included within the obligation; and
(ii) The amount the grantor must pay to cure the grantor's
default;
(E) A document that identifies:
(i) The input values for each net present value model that the
beneficiary or the beneficiary's agent uses; and
(ii) The output values that each net present value model
produces;
(F) The appraisal or price opinion the beneficiary relied on
most recently to determine the value of the property that is the
subject of the residential trust deed;
(G) The portion of any pooling agreement, servicing agreement
or other agreement that the beneficiary cites as a limitation or
prohibition on modifying the terms of the obligation, together
with a statement that describes the extent to which the
beneficiary sought to have the limitation or prohibition waived;
(H) A description of any additional documents the beneficiary
requires to evaluate the grantor's eligibility for a foreclosure
avoidance measure; and
(I) Any other information the Attorney General requires by
rule.
(5)(a) The service provider may postpone or reschedule a
resolution conference that the service provider scheduled under
subsection (1) of this section if:
(A) The beneficiary and the grantor agree to a new date;
(B) The beneficiary or the grantor requests a new date in
writing that is not more than 30 days after the original date
scheduled for the resolution conference and can show good cause
for the request; or
(C) The beneficiary does not pay the fee required under
subsection (4)(a) of this section by the date the fee is due. The
service provider may wait until the beneficiary has paid the fee
before rescheduling the resolution conference.
(b) The service provider shall cancel a resolution conference
that the service provider scheduled under subsection (1) of this
section if the grantor does not pay the fee required under
subsection (2)(a) of this section by the date the fee is due.
(6)(a) A resolution conference conducted in accordance with
this section and sections 2, 4 and 5 of this 2013 Act is not
subject to ORS chapter 36 and does not preclude mediation that a
court or another provision of law requires.
(b) A facilitator is not subject to a subpoena and cannot be
compelled to testify in any proceeding that is related to a
resolution conference, other than a proceeding against a
Enrolled Senate Bill 558 (SB 558-A) Page 4
facilitator for an act or omission for which the facilitator may
be liable under paragraph (c) of this subsection.
(c) A facilitator is not civilly liable for any act or omission
done or made while engaged in efforts to assist or facilitate a
resolution conference unless the facilitator acted or made an
omission in bad faith, with malicious intent or in an manner that
exhibited a willful or wanton disregard of the rights, safety or
property of another person.
(d) The limitations on liability provided by this subsection
apply to the officers, directors, employees and agents of the
service provider and any dispute resolution program engaged in
facilitating resolution conferences.
(e) Information that a beneficiary or grantor submits under
this section is not subject to ORS 192.410 to 192.505. + }
SECTION 4. { + (1)(a) Except as provided in paragraph (b) of
this subsection, a beneficiary that must request a resolution
conference with a grantor under section 2 of this 2013 Act shall
attend and participate in the resolution conference in person.
(b)(A) A beneficiary may send an agent to the resolution
conference if the agent attends the resolution conference in
person and has complete authority to negotiate on the
beneficiary's behalf and commit the beneficiary to a foreclosure
avoidance measure or, if the agent who attends the resolution
conference in person does not have complete authority, the
beneficiary also requires the participation, by remote
communication, of a person who does have complete authority to
negotiate on the beneficiary's behalf and commit the beneficiary
to a foreclosure avoidance measure.
(B) A grantor may have an attorney or a housing counselor, or
both, present to represent the grantor at the resolution
conference, but the grantor, or any individual that a court
appoints to act on the grantor's behalf, must attend the
resolution conference in person unless there are compelling
circumstances that prevent attendance in person.
(2) If the beneficiary agrees to a foreclosure avoidance
measure with the grantor, the beneficiary and the grantor shall
sign a written document that sets forth the terms of the
foreclosure avoidance measure.
(3) A facilitator may suspend or postpone a resolution
conference after the resolution conference has begun:
(a) One time only on the facilitator's initiative or in
response to a request for a suspension or postponement from the
beneficiary or the grantor;
(b) After a suspension or postponement under paragraph (a) of
this subsection only if the beneficiary and the grantor agree to
the additional suspension or postponement; or
(c) If the beneficiary or the grantor needs additional time to
write or sign a document that sets forth the terms of a
foreclosure avoidance measure.
(4) After the resolution conference concludes, the facilitator
shall submit to the service provider a written report that:
(a) Lists the date or dates on which the resolution conference
occurred;
(b) Lists the name, title, address, telephone number and other
available contact information for each person that participated
in the resolution conference, noting whether the person attended
the resolution conference in person or participated by remote
communication;
(c) States whether the beneficiary or the agent of the
beneficiary who attended the resolution conference had complete
Enrolled Senate Bill 558 (SB 558-A) Page 5
authority to negotiate and commit to a foreclosure avoidance
measure;
(d) Summarizes the terms of the foreclosure avoidance measure
to which the beneficiary and the grantor agreed or notes that the
beneficiary and the grantor did not agree to a foreclosure
avoidance measure; and
(e) Provides any other information the Attorney General
requires by rule. + }
SECTION 5. { + (1)(a) The service provider shall issue, within
five days after receiving a report from a facilitator under
section 4 (4) of this 2013 Act, a certificate of compliance to a
beneficiary that:
(A) Complied with sections 2, 3 and 4 of this 2013 Act;
(B) Submitted the materials required under section 3 (4) of
this 2013 Act to the service provider;
(C) Appeared in person at, or sent an agent in person to, the
resolution conference with complete authority to negotiate on the
beneficiary's behalf and commit the beneficiary to a foreclosure
avoidance measure or, if the beneficiary or agent did not have
complete authority, required the participation by remote
communication of a person with complete authority to negotiate on
the beneficiary's behalf and commit the beneficiary to a
foreclosure avoidance measure; and
(D) Signed a document that sets forth the terms of any
foreclosure avoidance measure to which the beneficiary and the
grantor agreed.
(b) A certificate of compliance expires one year after the date
on which the service provider issues the certificate of
compliance under paragraph (a) of this subsection.
(c) The service provider shall notify a beneficiary that failed
to meet a requirement to which the beneficiary was subject under
section 2, 3 or 4 of this 2013 Act that the service provider will
not issue a certificate of compliance, explaining in the notice
why the service provider will not issue the certificate of
compliance. The service provider shall provide a copy of the
notice under this paragraph to the grantor and to the Attorney
General.
(2) Notwithstanding the requirements set forth in subsection
(1) of this section, if a service provider cancels a resolution
conference under section 3 (5)(b) of this 2013 Act, the service
provider shall issue a certificate of compliance to the
beneficiary within five days after canceling the resolution
conference. + }
SECTION 6. { + (1) The Attorney General shall:
(a) Appoint and enter into an agreement with a service provider
to coordinate and manage a program to implement the provisions of
sections 2, 3, 4 and 5 of this 2013 Act.
(b) Enter into an agreement for information technology goods or
services.
(c) Receive affidavits submitted under section 2 (1)(b) of this
2013 Act and copies of notices sent under section 4a (1), chapter
112, Oregon Laws 2012.
(d) Specify the amount a beneficiary must pay to the service
provider under sections 2 (2) and 3 (4)(a) of this 2013 Act and
the amount that the grantor must pay to the service provider
under section 3 (2)(a) of this 2013 Act.
(e) Prescribe qualifications, training and experience
requirements for facilitators that conduct or assist resolution
conferences.
Enrolled Senate Bill 558 (SB 558-A) Page 6
(f) Specify procedures and guidelines for conducting a
resolution conference.
(g) Adopt additional rules to implement sections 2, 3, 4 and 5
of this 2013 Act and sections 4 and 4a, chapter 112, Oregon Laws
2012.
(2) The Attorney General shall pay for the service provider's
services and for information technology goods and services from
the Foreclosure Avoidance Fund established under section 4,
chapter 112, Oregon Laws 2012. The Attorney General is not
subject to ORS chapter 279A, 279B or 279C in appointing a service
provider or entering into an agreement under subsection (1)(a) or
(b) of this section.
(3) In addition to and not in lieu of any other penalty
provided by law, violation of section 2 (1)(a) or (2), 3 (4) or 4
(1) or (2) of this 2013 Act by a beneficiary is an unlawful
practice under ORS 646.607 that is subject to enforcement under
ORS 646.632. + }
SECTION 7. Section 2, chapter 112, Oregon Laws 2012, is amended
to read:
{ + Sec. 2. + } { - (1) - } As used in this section and
{ - sections 3 and 4a of this 2012 Act, - } { + sections 2, 3,
4, 5 and 6 of this 2013 Act and sections 4 and 4a, chapter 112,
Oregon Laws 2012:
(1) 'Facilitator' means a person that a service provider
selects to conduct a resolution conference.
(2) + } 'Foreclosure avoidance measure' means an agreement
between a beneficiary and a grantor that uses one or more of the
following methods to modify an obligation that is secured by a
{ + residential + } trust deed:
(a) The beneficiary defers or forbears from collecting one or
more payments due on the obligation.
(b) The beneficiary modifies, temporarily or permanently, the
payment terms or other terms of the obligation.
(c) The beneficiary accepts a deed in lieu of foreclosure from
the grantor.
(d) The grantor conducts a short sale.
(e) The beneficiary provides the grantor with other assistance
that enables the grantor to avoid a foreclosure.
{ + (3) 'Housing counselor' means a counselor employed by a
nonprofit housing counseling agency that the Housing and
Community Services Department or a successor state agency
approves.
(4) 'Resolution conference' means a meeting at which a grantor
and a beneficiary attempt to negotiate and agree upon a
foreclosure avoidance measure.
(5) 'Service provider' means a person that the Attorney General
appoints under section 6 of this 2013 Act to coordinate a program
to implement the provisions of sections 2, 3, 4 and 5 of this
2013 Act. + }
{ - (2)(a) Except as provided in paragraph (d) of this
subsection, a beneficiary that seeks to foreclose a residential
trust deed under ORS 86.735 shall enter into mediation with the
grantor for the purpose of negotiating a foreclosure avoidance
measure in accordance with the provisions of this section. - }
{ - (b) The Attorney General shall: - }
{ - (A) Appoint a mediation service provider to coordinate a
mediation program and shall enter into an agreement to pay the
mediation service provider for the mediation service provider's
services from the Foreclosure Avoidance Mediation Fund
Enrolled Senate Bill 558 (SB 558-A) Page 7
established in section 4 of this 2012 Act. The appointment and
the agreement are not subject to ORS chapter 279A or 279B. - }
{ - (B) Prescribe qualifications, training and experience
requirements for mediators by rule. - }
{ - (C) Set the schedule of fees for the mediation by
rule. - }
{ - (c) The beneficiary and the grantor shall share the cost
of the mediation, except that the grantor's portion of the cost
may not exceed $200. The mediator may waive the grantor's portion
of the fee in accordance with rules that the Attorney General
adopts to describe circumstances that permit a waiver. - }
{ - (d) The requirement to enter into mediation with a
grantor does not apply: - }
{ - (A) To an individual, a financial institution, as defined
in ORS 706.008, a mortgage banker, as defined in ORS 86A.100, or
a licensee, as defined in ORS 725.010, if the individual,
financial institution, mortgage banker or licensee provides to
the Attorney General a sworn affidavit that states that during
the preceding calendar year the individual, financial
institution, mortgage banker or licensee did not commence or
cause an affiliate or agent of the individual, financial
institution, mortgage banker or licensee to commence more than a
total of 250 actions to foreclose a residential trust deed by
advertisement and sale under ORS 86.735 or a residential mortgage
by suit under ORS 88.010. An individual, financial institution,
mortgage banker or licensee that intends to claim an exemption
under this subparagraph shall file the affidavit either: - }
{ - (i) Within 30 days after the operative date specified in
section 11 of this 2012 Act to claim the exemption for calendar
year 2012 and not later than January 31 in any subsequent
calendar year in which the individual, financial institution,
mortgage banker or licensee intends to claim the exemption;
or - }
{ - (ii) At the time the individual, financial institution,
mortgage banker or licensee files a notice of default under ORS
86.735. - }
{ - (B) If the grantor fails to confirm that the grantor will
enter into mediation by the date specified under subsection
(3)(c) of this section. - }
{ - (3) Within 30 days after the date on which the
beneficiary caused a notice of mediation to be served or mailed
as provided in ORS 86.740, the mediation service provider shall
send a notice to the grantor and the beneficiary that: - }
{ - (a) Schedules a date, time and location for the
mediation. The date must be not earlier than 45 days and not
later than 90 days after the date on which the notice of
mediation was served or mailed as provided in ORS 86.740. - }
{ - (b) Identifies and provides contact information for the
mediation service provider. - }
{ - (c) Specifies a date at least 30 days before the
scheduled date of the mediation by which the grantor must contact
the mediation service provider to confirm that the grantor will
enter into mediation. The notice must state that the mediation
service provider will deem the grantor to have declined to enter
into mediation if the grantor fails to confirm by the specified
date. - }
{ - (d) Lists the costs of the mediation and specifies the
portion of the costs for which the grantor is responsible. - }
{ - (e) Provides any other information that the Attorney
General requires by rule. - }
Enrolled Senate Bill 558 (SB 558-A) Page 8
{ - (4)(a) If the grantor confirms by the date specified
under subsection (3)(c) of this section that the grantor will
enter into mediation, the beneficiary or the beneficiary's agent
shall appear at the time and the location identified in the
mediation service provider's notice under subsection (3) of this
section with the documentation described in paragraph (b) of this
subsection. - }
{ - (b) The beneficiary or the beneficiary's agent must
appear in person at the location of the mediation unless the
mediator permits the beneficiary or the beneficiary's agent to
appear in another manner for good cause shown. The fact that a
beneficiary or beneficiary's agent is located outside this state
does not alone constitute good cause for the purposes of this
paragraph. The beneficiary or the beneficiary's agent must
appear at the mediation with: - }
{ - (A) The grantor's complete payment history for the
obligation that is secured by the residential trust deed that the
beneficiary seeks to foreclose; - }
{ - (B) Evidence that the beneficiary is the real party in
interest with respect to the obligation, including but not
limited to: - }
{ - (i) A true copy of the original debt instrument that is
the basis for the right the beneficiary claims to foreclose the
trust deed; and - }
{ - (ii) Documents that show the chain of title for the
property that is subject to the residential trust deed from the
date of the original loan for which the beneficiary seeks
foreclosure to the date of the notices given under ORS 86.740,
including conveyances, endorsements and assignments of the
residential trust deed, the note and the security instrument,
whether recorded or unrecorded; - }
{ - (C) A copy of the authorization from the beneficiary to
the beneficiary's agent, if the beneficiary's agent appears at
the mediation; - }
{ - (D) A copy of any of the following documents that apply
to the note or obligation that is secured by the trust deed: - }
{ - (i) A servicing agreement the beneficiary entered into
with another person; or - }
{ - (ii) An agreement by means of which the beneficiary
pledged as collateral for a security the beneficiary issued or
sold all or a portion of the ownership interest in the note or
other obligation; and - }
{ - (E) Other documentation the Attorney General specifies by
rule. - }
{ - (c) The beneficiary or the beneficiary's agent that
enters into mediation with the grantor must have or be able to
obtain, before the initial mediation session concludes, authority
to accept or reject a proposal for a foreclosure avoidance
measure and authority to enter with the grantor into an agreement
for a foreclosure avoidance measure. - }
{ - (5)(a) The beneficiary or the beneficiary's agent must
enter into mediation in accordance with mediation guidelines the
Attorney General establishes by rule. - }
{ - (b) If the beneficiary or the beneficiary's agent agrees
with the grantor on a foreclosure avoidance measure, the
beneficiary or beneficiary's agent and the grantor shall set
forth the terms of the foreclosure avoidance measure in a written
agreement, a copy of which the beneficiary or beneficiary's agent
shall provide to the Attorney General. The beneficiary may elect
to pay the grantor's portion of the cost of the mediation or the
Enrolled Senate Bill 558 (SB 558-A) Page 9
grantor and the beneficiary may agree to include the cost of the
mediation as part of and in accordance with any payment plan that
is part of the foreclosure avoidance measure. - }
{ - (c) If the beneficiary or the beneficiary's agent and the
grantor do not agree on a foreclosure avoidance measure, the
mediation service provider shall notify the Attorney General that
the mediation did not result in an agreement. - }
{ - (6)(a) At the conclusion of the mediation, if the
beneficiary has complied with the requirements of subsections (4)
and (5) of this section, the mediation service provider shall
provide the beneficiary or the beneficiary's agent with a
certificate of compliance in a form and with contents that the
Attorney General specifies by rule. The certificate must state
that the beneficiary has complied with the requirements of this
section. - }
{ - (b) If the grantor does not confirm by the date specified
under subsection (3)(c) of this section that the grantor will
enter into mediation, the mediation service provider shall
provide the beneficiary or the beneficiary's agent with a
certificate of compliance in a form and with contents that the
Attorney General specifies by rule. The certificate must state
that the grantor declined to enter into mediation with the
beneficiary. - }
{ - (c) The mediation service provider shall provide a copy
of the certificate the mediation service provider issues under
paragraph (a) or (b) of this subsection to the grantor and to the
Attorney General. - }
{ - (7)(a) A grantor that is at risk of default before the
beneficiary or the trustee has filed a notice of default for
recording under ORS 86.735 may notify the beneficiary or trustee
in the trust deed or the beneficiary's or trustee's agent that
the grantor wants to enter into mediation. Within 15 days after
receiving the request, the beneficiary or trustee or the
beneficiary's or trustee's agent shall respond to the grantor's
request and shall notify the Attorney General and the mediation
service provider identified in subsection (2)(b) of this section.
The response to the grantor must include contact information for
the Attorney General and the mediation service provider. - }
{ - (b) A grantor that requests mediation under paragraph (a)
of this subsection may also notify the Attorney General and the
mediation service provider of the request. The Attorney General
shall post on the Department of Justice website contact
information for the mediation service provider and an address or
method by which the grantor may notify the Attorney General. - }
{ - (c) Within 10 days after receiving notice of the request
under paragraph (a) of this subsection, the mediation service
provider shall send a notice to the grantor and the beneficiary
that, except with respect to the date by which the mediation
service provider must send the notice, is otherwise in accordance
with the provisions of subsection (3) of this section. - }
{ - (d) A beneficiary or beneficiary's agent that receives a
request under paragraph (a) of this subsection is subject to the
same duties as are described in subsections (2), (4) and (5) of
this section. - }
SECTION 8. Section 4, chapter 112, Oregon Laws 2012, is amended
to read:
{ + Sec. 4. + } (1) The Foreclosure Avoidance
{ - Mediation - } Fund is established in the State Treasury,
separate and distinct from the General Fund. The { + Foreclosure
Avoidance + } Fund consists of moneys the Attorney General
Enrolled Senate Bill 558 (SB 558-A) Page 10
collects or receives for the purpose of paying the expenses of
coordinating a { - mediation program under section 2 of this
2012 Act and - } { + program to implement the provisions of
sections 2, 3, 4 and 5 of this 2013 Act and to pay + } related
expenses. The moneys in the fund are continuously appropriated to
the Attorney General for the purposes of paying the expenses of
coordinating { - the mediation program and - } { + a program
to implement sections 2, 3, 4 and 5 of this 2013 Act and
paying + } related expenses.
(2) The Attorney General may receive moneys for the purposes
set forth in subsection (1) of this section from any public or
private source.
{ - (3)(a) Except as provided in paragraph (b) of this
subsection, a trustee or beneficiary that files a notice of
default under ORS 86.735 shall pay to the county clerk that
records the notice $100 in addition to and not in lieu of any fee
that the county clerk charges for recording the notice of
default. The county clerk at the end of each month shall forward
the proceeds of the $100 charge to the Attorney General for
deposit into the fund described in subsection (1) of this
section. - }
{ - (b) An individual, a financial institution, as defined in
ORS 706.008, a mortgage banker, as defined in ORS 86A.100, or a
licensee, as defined in ORS 725.010, is not subject to the $100
charge described in paragraph (a) of this subsection if the
individual, financial institution, mortgage banker or licensee
provides to the county clerk a sworn affidavit that states that
during the preceding calendar year the individual, financial
institution, mortgage banker or licensee did not commence or
cause an affiliate or agent of the individual, financial
institution, mortgage banker or licensee to commence more than a
total of 250 actions to foreclose a residential trust deed by
advertisement and sale under ORS 86.735 or a residential mortgage
by suit under ORS 88.010. An individual, financial institution,
mortgage banker or licensee that intends to claim an exemption
under this paragraph shall provide the affidavit either: - }
{ - (A) Within 30 days after the operative date specified in
section 11 of this 2012 Act to claim the exemption for calendar
year 2012 and not later than January 31 in any subsequent
calendar year in which the individual, financial institution,
mortgage banker or licensee intends to claim the exemption;
or - }
{ - (B) At the time the individual, financial institution,
mortgage banker or licensee files a notice of default under ORS
86.735. - }
SECTION 9. Section 4a, chapter 112, Oregon Laws 2012, is
amended to read:
{ + Sec. 4a. + } (1)(a) { + Whether or not a beneficiary
participates in a resolution conference under section 2 of this
2013 Act, + } if { - a - } { + the + } beneficiary determines
that a grantor { + of a residential trust deed + } is not
eligible for { - any - } { + a + } foreclosure avoidance
measure or that the grantor has not complied with the terms of a
foreclosure avoidance measure to which the grantor has agreed,
the beneficiary
{ - or the beneficiary's agent, at least 30 days before the
date specified for the trustee's sale in a notice served under
ORS 86.740 or 86.755 (2)(b), shall notify the grantor in writing
of the beneficiary's determination and shall cause the notice to
be served as provided in ORS 86.740 (1). - } { + shall mail a
Enrolled Senate Bill 558 (SB 558-A) Page 11
written notice to the grantor within 10 days after making the
determination. The beneficiary shall mail a copy of the notice to
the Department of Justice on the same date that the beneficiary
mails the notice to the grantor.
(b) The notice described in paragraph (a) of this subsection
must in plain language explain the basis for the beneficiary's
determination. The notice and any information in the notice are
not subject to disclosure under ORS 192.410 to 192.505.
(c) This subsection does not impose an affirmative duty on the
beneficiary to determine if a grantor is eligible for a
foreclosure avoidance measure. + }
{ - (b) The notice must in plain language explain the basis
for the beneficiary's determination. - }
{ - (2) The beneficiary or the beneficiary's agent shall mail
a copy of the notice of the determination described in subsection
(1) of this section to the Department of Justice on the same date
on which the notice is served. - }
{ - (3)(a) - } { + (2) + } At least { - 20 - } { +
five + } days before { - the date specified for the trustee's
sale in a notice served under ORS 86.740 or 86.755 (2)(b), - }
{ + the trustee sells the property that is subject to
foreclosure, + } the beneficiary { - or the beneficiary's agent
shall: - }
{ - (A) - } { + shall + } record in the mortgage records
{ - for the property that is subject to the trustee's sale, - }
in the county or in one of the counties in which the property is
located { - , - } an affidavit that states that the beneficiary
has complied with the requirements set forth in { + subsection
(1) of this section. + } { - subsections (1) and (2) of this
section; and - }
{ - (B) Mail a copy of the affidavit to the department. - }
{ - (b) The affidavit described in paragraph (a) of this
subsection must: - }
{ - (A) Identify the property that is the subject of the
trustee's sale; - }
{ - (B) Identify the grantor and, as of the date of the
affidavit, the trustee and the beneficiary; - }
{ - (C) State that the beneficiary or beneficiary's agent has
complied with the requirements set forth in subsections (1) and
(2) of this section; and - }
{ - (D) Include proof of service on the grantor for the
notice described in subsection (1) of this section. - }
{ - (4) The Attorney General by rule shall specify a form for
and the contents of the notice of the determination described in
subsection (1) of this section and shall identify an address to
which the beneficiary or beneficiary's agent must mail the copy
of the notice under subsection (2) of this section and the
affidavit under subsection (3) of this section. - }
{ - (5)(a) A beneficiary or an agent of the beneficiary that
fails to comply with the provisions of this section is liable to
the grantor in the amount of $500 plus the amount of the
grantor's actual damages for each failure to comply with a
provision of this section. - }
{ + (3)(a) A beneficiary that fails to substantially comply
with subsection (1)(b) of this section, or otherwise fails to
comply with subsection (1)(a) or (2) of this section, is liable
to the grantor in the amount of $500 plus the amount of the
grantor's actual damages for each failure. + }
(b) A grantor may bring an action against a beneficiary
{ - or an agent of the beneficiary - } in a circuit court of
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this state to recover the amounts described in paragraph (a) of
this subsection. The grantor shall commence the action within
{ - two years - } { + one year + } after the date on which the
beneficiary { - or the beneficiary's agent - } should have
complied, but did not comply, with the provisions of this
section.
(c) Notwithstanding an agreement to the contrary, a court may
award reasonable attorney fees, costs and disbursements to a
grantor that obtains a final judgment in the grantor's favor.
SECTION 10. ORS 86.735, as amended by section 6, chapter 112,
Oregon Laws 2012, is amended to read:
86.735. A trustee may { + not + } foreclose a trust deed by
advertisement and sale in the manner provided in ORS 86.740 to
86.755 { - if - } { + unless + }:
(1) The trust deed, any assignments of the trust deed by the
trustee or the beneficiary and any appointment of a successor
trustee are recorded in the mortgage records in the counties in
which the property described in the deed is situated;
(2) There is a default by the grantor or other person that owes
an obligation, the performance of which is secured by the trust
deed, or by the grantor's or other person's successors in
interest with respect to a provision in the deed that authorizes
sale in the event of default of the provision;
(3) The trustee or beneficiary has filed for record in the
county clerk's office in each county where the trust property, or
some part of the trust property, is situated, a notice of default
containing the information required by ORS 86.745 and containing
the trustee's or beneficiary's election to sell the property to
satisfy the obligation;
(4) The beneficiary { - or the beneficiary's agent - } has
filed for recording in the official records of the county or
counties in which the property that is subject to the residential
trust deed is located { - the certificate of compliance the
beneficiary received under section 2, chapter 112, Oregon Laws
2012, if the beneficiary must enter into mediation with the
grantor under section 2 (2)(a), chapter 112, Oregon Laws
2012; - } { + :
(a) A valid and unexpired certificate of compliance that a
service provider issued to the beneficiary under section 5 of
this 2013 Act; or
(b) A copy of the affidavit with which the beneficiary claimed,
under section 2 (1)(b) of this 2013 Act, an exemption that has
not expired; + }
{ - (5)(a) - } { + (5) + } The beneficiary { - or the
beneficiary's agent - } has complied with the provisions of
section 4a, chapter 112, Oregon Laws 2012; { - and - }
{ - (b) - } { + (6) + } The grantor { - is not in
compliance - } { + has not complied + } with the terms of
{ - a - } { + any + } foreclosure avoidance measure upon which
the beneficiary and the grantor have agreed; and
{ - (6) - } { + (7) + } An action has not been commenced to
recover the debt or any part of the debt then remaining secured
by the trust deed, or, if an action has been commenced, the
action has been dismissed, except that:
(a) Subject to ORS 86.010 and the procedural requirements of
ORCP 79 and 80, an action may be commenced to appoint a receiver
or to obtain a temporary restraining order during foreclosure of
a trust deed by advertisement and sale, except that a receiver
may not be appointed with respect to a single-family residence
Enrolled Senate Bill 558 (SB 558-A) Page 13
that the grantor, the grantor's spouse or the grantor's minor or
dependent child occupies as a principal residence.
(b) An action may be commenced to foreclose, judicially or
nonjudicially, the same trust deed as to any other property
covered by the trust deed, or any other trust deeds, mortgages,
security agreements or other consensual or nonconsensual security
interests or liens that secure repayment of the debt.
SECTION 11. ORS 86.740, as amended by section 7, chapter 112,
Oregon Laws 2012, is amended to read:
86.740. { - (1)(a) - } { + (1) + } { - Subsequent to - }
{ + After + } recording { + a + } notice of default as
provided in ORS 86.735 and at least 120 days before the day the
trustee conducts the sale, notice of the sale with the contents
described in ORS 86.745 must be served pursuant to ORCP 7 D(2)
and 7 D(3) or mailed by both first class and certified mail with
return receipt requested.
{ - (b) If the sale is for the purpose of foreclosing a
residential trust deed and the beneficiary in the trust deed must
enter into mediation with the grantor under section 2 (2)(a),
chapter 112, Oregon Laws 2012, a separate notice of mediation, in
the form and with the contents described in section 3, chapter
112, Oregon Laws 2012, must be served or mailed in the manner
provided in paragraph (a) of this subsection at least 60 days
before the notice of sale described in paragraph (a) of this
subsection is served or mailed. - }
(2) The { - notices - } { + notice + } described in
subsection (1) of this section must be served or mailed to the
last-known address of the following persons or the legal
representatives of the persons, if any:
(a) The grantor in the trust deed.
(b) Any successor in interest to the grantor whose interest
appears of record, or of whose interest the trustee or the
beneficiary has actual notice.
(c) Any person, including the Department of Revenue or another
state agency, that has a lien or interest subsequent to the trust
deed if the lien or interest appears of record or the beneficiary
has actual notice of the lien or interest.
(d) A person that requests notice as provided in ORS 86.785.
{ - (e) The mediation service provider that the Attorney
General appoints under section 2 (2)(b), chapter 112, Oregon Laws
2012, if the notices are served or mailed under subsection (1)(b)
of this section. - }
(3) A notice served by mail under subsection (1) of this
section is effective when the notice is mailed.
(4)(a) The disability, insanity or death of a person to whom
the { - notices - } { + notice + } required under this
section must be given does not delay or impair in any way the
trustee's right under a trust deed to foreclose under the deed.
If the disability, insanity or death occurs before the notice of
default is recorded, the { - notices - } { + notice + }
required under this section must be given instead to the
guardian, the conservator of the estate of the person or the
administrator or personal representative of the person in the
manner and by the time set forth in this section.
(b) If the disability, insanity or death of a person to whom
the { - notices - } { + notice + } required under this
section must be given occurs on or after the notice of default is
recorded, the trustee shall, if and when the trustee has
knowledge of the disability, insanity or death, promptly give the
guardian, the conservator of the estate or the administrator or
Enrolled Senate Bill 558 (SB 558-A) Page 14
personal representative { + the + } required { - notices - }
{ + notice + } by sending the { - notices - } { +
notice + } by first class and certified mail with return receipt
requested to the last-known address of the guardian, conservator
or administrator or personal representative.
(c) If there is no administrator or personal representative of
the estate of the person to whom the { - notices - } { +
notice + } required under this section must be given, the
{ - notices - } { + notice + } may be given instead to the
heirs at law or devisees of the deceased person in the manner and
by the time set forth in this section.
(5) If the owner of real property subject to foreclosure dies
and the real property is also subject to a transfer on death
deed, as provided by ORS 93.948 to 93.979, the { - notices - }
{ + notice + } required under this section must be given to the
beneficiary designated under the transfer on death deed.
SECTION 12. ORS 88.010 is amended to read:
88.010. { + (1) + } Except as otherwise provided by law, a
lien upon real or personal property, other than that of a
judgment, whether created by mortgage or otherwise,
{ - shall - } { + must + } be foreclosed, and the property
adjudged to be sold to satisfy the debt { - secured thereby - }
{ + the lien secures, + } by { - a - } { + bringing + }
suit. Except as provided in ORS 88.070, in addition to the
judgment of foreclosure and sale, if { + the lien debtor or
another person, as principal or otherwise, has given + } a
promissory note or other personal obligation for the payment of
the debt { - has been given by the lien debtor or any other
person as principal or otherwise - } , the court also shall enter
a judgment for the amount of the debt against the
{ - person or persons - } { + lien debtor or other
person + }. The provisions of this chapter as to liens upon
personal property { - are not intended to - } { + do not + }
exclude a person { - having such - } { + that has a + } lien
from any other remedy or right { - in regard to such
property - } { + that the person otherwise has with respect to
the property + }.
{ + (2)(a) A complaint in a suit to foreclose a residential
trust deed under this section must include as an attachment a
true copy of:
(A) A valid and unexpired certificate of compliance that a
service provider issued to a beneficiary under section 5 of this
2013 Act;
(B) The affidavit the person submitted under section 2 (1)(b)
of this 2013 Act, provided that the exemption the person claimed
in the affidavit has not expired; or
(C) The notice the beneficiary received under section 5 (1)(c)
of this 2013 Act.
(b)(A) A court on the court's own motion or in response to a
motion from a defendant may dismiss without prejudice a suit that
a person brings under this section to foreclose a residential
trust deed, or may stay proceedings on the suit, if the person:
(i) Fails to file with the court the certificate described in
paragraph (a)(A) of this subsection or the affidavit described in
paragraph (a)(B) of this subsection; or
(ii) Files with the court the notice described in paragraph
(a)(C) of this subsection.
(B) The court may release a stay the court granted under
subparagraph (A) of this paragraph if the person files with the
court the certificate described in paragraph (a)(A) of this
Enrolled Senate Bill 558 (SB 558-A) Page 15
subsection or the affidavit described in paragraph (a)(B) of this
subsection.
(C) The court may award a defendant that prevails on a motion
under this paragraph reasonable costs and attorney fees
associated with bringing the motion and any other relief the
court deems proper. + }
SECTION 13. ORS 646.607 is amended to read:
646.607. A person engages in an unlawful practice
{ - when - } { + if + } in the course of the person's
business, vocation or occupation the person:
(1) Employs any unconscionable tactic in connection with
{ - the sale, rental or other disposition - } { + selling,
renting or disposing + } of real estate, goods or services, or
{ - collection or enforcement of - } { + collecting or
enforcing + } an obligation;
(2) Fails to deliver all or any portion of real estate, goods
or services as promised, and { - upon request of the
customer - } { + at a customer's request + }, fails to refund
{ - any - } money that { - has been received from the
customer that was for the purchase of - } { + the customer gave
to the person to purchase + } the undelivered real estate, goods
or services and that { - is not retained by the seller pursuant
to - } { + the person does not retain pursuant to + } any
right, claim or defense { - asserted - } { + the person may
assert + } in good faith. This subsection does not create a
warranty obligation and does not apply to a dispute over the
quality of real estate, goods or services delivered to a
customer;
(3) Violates ORS 401.965 (2);
(4) Violates a provision of ORS 646A.725 to 646A.750;
(5) Violates ORS 646A.530; { - or - }
(6) Employs a collection practice that is unlawful under ORS
646.639 { - . - } { + ; or
(7) Is a beneficiary that violates section 2 (1)(a) or (2), 3
(4) or 4 (1) or (2) of this 2013 Act. + }
SECTION 14. ORS 646.638 is amended to read:
646.638. (1) Except as provided in subsections (8) and (9) of
this section, { - any - } { + a + } person { - who - }
{ + that + } suffers { - any - } { + an + } ascertainable
loss of money or property, real or personal, as a result of
{ - willful use or employment by - } another { - person - }
{ + person's willful use or employment + } of a method, act or
practice declared unlawful { - by - } { + under + } ORS
646.608, may bring an individual action in an appropriate court
to recover actual damages or statutory damages of $200, whichever
is greater. The court or the jury { - , as the case may be, - }
may award punitive damages and the court may provide
{ - the - } { + any + } equitable relief the court considers
necessary or proper.
(2) { - Upon commencement of any action brought - } { + A
person that brings an action + } under subsection (1) of this
section { - the party bringing the action - } shall mail a
copy of the complaint or other initial pleading to the Attorney
General { + at the time the action commences + } and, upon entry
of any judgment in the action, shall mail a copy of the judgment
to the Attorney General. Failure to mail a copy of the complaint
{ - shall not be - } { + is not + } a jurisdictional defect,
but a court may not enter judgment for the plaintiff until proof
of mailing is filed with the court. Proof of mailing may be by
affidavit or by return receipt of mailing.
Enrolled Senate Bill 558 (SB 558-A) Page 16
(3) The court may award reasonable attorney fees and costs at
trial and on appeal to a prevailing plaintiff in an action under
this section. The court may award reasonable attorney fees and
costs at trial and on appeal to a prevailing defendant only if
the court finds { - there was no - } { + that an + }
objectively reasonable basis for bringing the action or asserting
the ground for appeal { + did not exist + }.
(4) The court may not award attorney fees to a prevailing
defendant under the provisions of subsection (3) of this section
if the action under this section is maintained as a class action
pursuant to ORCP 32.
(5) Any permanent injunction or final judgment or order
{ - of - } the court { - made - } { + makes + } under ORS
646.632 or 646.636 is prima facie evidence in an action brought
under this section that the respondent used or employed a method,
act or practice declared unlawful { - by - } { + under + }
ORS 646.608, but an assurance of voluntary compliance, whether or
not approved by the court, { - shall not be - } { + is
not + } evidence of the violation.
(6) Actions brought under this section { - shall - } { +
must + } be commenced within one year { - from - } { +
after + } the discovery of the unlawful method, act or practice.
{ - However, whenever any complaint is filed by - }
{ + Notwithstanding this limitation, if + } a prosecuting
{ - attorney - } { + attorney filed a complaint + } to
prevent, restrain or punish { - violations - } { + a
violation + } of ORS 646.608, { - running of - } { + the
complaint tolls + } the statute of limitations { + + }with
respect to every private right of action under this section
{ - and - } { + that is + } based in whole or in part on any
matter { + set forth in the prosecuting attorney's complaint for
the period of time in which the proceeding that the prosecuting
attorney initiated is pending + }
{ - complained of in said proceeding shall be suspended during
the pendency thereof - } .
(7) Notwithstanding subsection (6) of this section, in any
action { - brought by - } { + that + } a seller or
lessor { + brings + } against a purchaser or lessee of real
estate, goods or services, the purchaser or lessee may assert any
counterclaim { + that + } the purchaser or lessee has arising
out of a violation of ORS 646.605 to 646.652.
(8) A class action may be maintained under this section. In any
class action under this section:
(a) Statutory damages under subsection (1) of this section may
be recovered on behalf of class members only if the plaintiffs in
the action establish that the members have sustained an
ascertainable loss of money or property as a result of a reckless
or knowing use or employment by the defendant of a method, act or
practice declared unlawful by ORS 646.608;
(b) The trier of fact may award punitive damages; and
(c) The court may award appropriate equitable relief.
(9) This section does not apply to { + :
(a) + } Any method, act or practice described in ORS 646.608
(1)(aa). Actions for violation of laws relating to odometers are
provided under ORS 815.410 and 815.415.
{ + (b) A violation of section 2 (1)(a) or (2), 3 (4) or 4
(1) or (2) of this 2013 Act. + }
SECTION 15. { + Sections 2a and 3, chapter 112, Oregon Laws
2012, are repealed. + }
Enrolled Senate Bill 558 (SB 558-A) Page 17
SECTION 16. { + (1) Sections 2 to 6 of this 2013 Act, the
amendments to ORS 86.735, 86.740, 88.010, 646.607 and 646.638 and
sections 2, 4 and 4a, chapter 112, Oregon Laws 2012, by sections
7 to 14 of this 2013 Act and the repeal of sections 2a and 3,
chapter 112, Oregon Laws 2012, by section 15 of this 2013 Act
become operative 61 days after the effective date of this 2013
Act.
(2) The Attorney General may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the Attorney General to exercise, on and
after the operative date specified in subsection (1) of this
section, all of the duties, functions and powers conferred on the
Attorney General by sections 2 to 6 of this 2013 Act and the
amendments to ORS 86.735, 86.740, 88.010, 646.607 and 646.638 and
sections 2, 4 and 4a, chapter 112, Oregon Laws 2012, by sections
7 to 14 of this 2013 Act. At least 30 days before the operative
date specified in subsection (1) of this section, the Attorney
General shall publish and make available to interested persons
copies of any draft rules the Attorney General proposes to adopt
under this section. + }
SECTION 17. { + Sections 2 to 6 of this 2013 Act, the
amendments to ORS 86.735, 86.740, 88.010, 646.607 and 646.638 and
sections 2, 4 and 4a, chapter 112, Oregon Laws 2012, by sections
7 to 14 of this 2013 Act and the repeal of sections 2a and 3,
chapter 112, Oregon Laws 2012, by section 15 of this 2013 Act
apply to requests for resolution conferences that a beneficiary
or grantor submits, to notices of sale that a trustee or
beneficiary or an agent of the trustee or beneficiary sends, and
to suits to foreclose a residential trust deed that commence, on
or after the operative date specified in section 16 of this 2013
Act. + }
SECTION 18. { + The Attorney General may use moneys in the
Foreclosure Avoidance Fund established under section 4, chapter
112, Oregon Laws 2012, to pay the remaining expenses of the
program established under sections 2, 2a, 3, 4 and 4a, chapter
112, Oregon Laws 2012. + }
SECTION 19. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Passed by Senate April 16, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 22, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 558 (SB 558-A) Page 18
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 558 (SB 558-A) Page 19
