Bill Text: OR HB3070 | 2011 | Regular Session | Introduced

Oregon House Bill 3070 (Prior Session Legislation)

Introduced

Bill Title: Relating to caller identification.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3070 Detail]

Download: Oregon-2011-HB3070-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1027

                         House Bill 3070

Sponsored by Representative WINGARD

                             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 public bodies from using methods to block caller
identification service. Imposes penalty for noncompliance.

                        A BILL FOR AN ACT
Relating to caller identification; creating new provisions; and
  amending ORS 759.990.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For purposes of this section, 'caller
identification service' means a telephone service that permits
subscribers to see a caller's correct identification information
before answering the telephone.
  (2) A public body or an employee of a public body as defined in
ORS 174.109 may not use any method that prevents caller
identification information for a telephone number used by the
public body from being shown by a device that is equipped with a
caller identification service. + }
  SECTION 2. ORS 759.990 is amended to read:
  759.990. (1) Any telecommunications utility violating ORS
759.260 commits a Class A violation, and upon conviction the
court shall impose a fine of not less than $100. Violation of ORS
759.260 by an officer or agent of a telecommunications utility is
a Class D violation.
  (2) Any person violating ORS 759.275 shall, upon conviction,
forfeit and pay to the State Treasurer not less than $100 and not
more than $10,000 for each offense. Violation of ORS 759.275 by
any agent or officer of any telecommunications utility or person
is punishable, upon conviction, by a fine of not less than $100
and not more than $1,000 for each offense.
  (3) Violation of ORS 759.280 is a Class A violation.
  (4) Violation of ORS 759.355 is punishable, upon conviction, by
a fine of not less than $500 nor more than $20,000 for each
offense.
  (5) Violation of ORS 759.360 is a felony and is punishable,
upon conviction, by a fine of not less than $1,000 nor more than
$20,000, or by imprisonment in the penitentiary for not less than
one nor more than five years, or both.
  (6) A telecommunications carrier, as defined in ORS 759.400,
shall forfeit a sum of not less than $100 nor more than $50,000
for each time that the carrier:
  (a) Violates any statute administered by the Public Utility
Commission;
  (b) Commits any prohibited act, or fails to perform any duty
enjoined upon the carrier by the commission;
  (c) Fails to obey any lawful requirement or order made by the
commission; or
  (d) Fails to obey any judgment made by any court upon the
application of the commission.
  (7) In construing and enforcing subsection (6) of this section,
the act, omission or failure of any officer, agent or other
person acting on behalf of or employed by a telecommunications
carrier and acting within the scope of the person's employment
shall in every case be deemed to be the act, omission or failure
of such telecommunications carrier.
  (8) Except when provided by law that a penalty, fine,
forfeiture or other sum be paid to the aggrieved party, all
penalties, fines, forfeitures or other sums collected or paid
under subsection (6) of this section shall be paid into the
General Fund and credited to the Public Utility Commission
Account.
   { +  (9)(a) A public body or an employee of a public body, as
defined in ORS 174.109, that violates section 1 of this 2011 Act
shall forfeit a sum of not less than $100 and not more than
$1,000 for each day that the public body or employee of the
public body is found by the Public Utility Commission to have
violated section 1 of this 2011 Act.
  (b) All forfeitures collected or paid under this subsection
shall be paid into the General Fund and credited to the Public
Utility Commission Account. + }
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