68th OREGON LEGISLATIVE ASSEMBLY--1995 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 2623
A-Engrossed
House Bill 2654
Ordered by the House March 7
Including House Amendments dated March 7
Sponsored by COMMITTEE ON COMMERCE (at the request of Oregon
Bankers Association, Oregon Financial Services Association)
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.
Provides, under certain circumstances, that accurate
reproductions of original records, including electronic records,
are admissible as evidence under Oregon Evidence Code following
routine destruction of original records in regular course of
business. States exceptions.
Provides that facsimile of reproduction is admissible under
Oregon Evidence Code if original reproduction is in existence and
is available for inspection.
{ + Allows real estate broker, real estate property manager
or escrow agent to substitute copies of checks for originals
under certain circumstances. Allows broker, property manager or
escrow agent to use electronic funds transfer under certain
circumstances. + }
{ - Prohibits Real Estate Commissioner from making certain
rules relating to escrow agents and electronic fund
transfers. - }
Declares emergency, effective { - on passage - } { + July
1, 1995 + }.
A BILL FOR AN ACT
Relating to records; creating new provisions; amending ORS
40.550; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 40.550 is amended to read:
40.550. As used in ORS 40.550 to 40.585, unless the context
requires otherwise:
(1) 'Duplicate' means a counterpart produced by the same
impression as the original, or from the same matrix, or by means
of photography, including enlargements and miniatures, by
mechanical or electronic re-recording, by chemical
reproduction { + , by optical imaging + } or by other equivalent
techniques { - which - } { + that + } accurately reproduce
the original, including reproduction by facsimile machines if the
reproduction is identified as a facsimile and printed on
nonthermal paper.
(2) 'Original' of a writing or recording is the writing or
recording itself or any counterpart intended to have the same
effect by a person executing or issuing it. An 'original' of a
photograph includes the negative or any print therefrom. If data
are stored in a computer or similar device, any printout or other
output readable by sight, shown to reflect the data accurately,
is an 'original. '
(3) 'Photographs' includes still photographs, X-ray films,
video tapes and motion pictures.
(4) 'Writings' and 'recordings' mean letters, words or numbers,
or their equivalent, set down by handwriting, typewriting,
printing, photostating, photographing, magnetic impulse,
{ + optical imaging, + } mechanical or electronic recording or
other form of data compilation.
SECTION 2. { + Section 3 of this Act is added to and made a
part of ORS 40.550 to 40.585. + }
SECTION 3. { + (1) If any business, institution or member of a
profession or calling, in the regular course of business or
activity, has kept or recorded any memorandum, writing, entry,
print, representation or a combination thereof, of any act,
transaction, occurrence or event, and in the regular course of
business has caused any or all of the same to be recorded, copied
or reproduced by any photographic, photostatic, microfilm,
micro-card, miniature photographic, optical imaging or other
process that accurately reproduces or forms a durable medium for
so reproducing the original, the original may be destroyed in the
regular course of business unless held in a custodial or
fiduciary capacity or unless its preservation is required by law.
Such reproduction, when satisfactorily identified, is as
admissible in evidence as the original itself in any judicial or
administrative proceeding whether the original is in existence or
not and an enlargement or facsimile of such reproduction is
likewise admissible in evidence if the original reproduction is
in existence and available for inspection under direction of the
court. The introduction of a reproduced record, enlargement or
facsimile does not preclude admission of the original.
(2) If any department or agency of government, in the regular
course of business or activity, has kept or recorded any
memorandum, writing, entry, print, representation or combination
thereof, of any act, transaction, occurrence or event, and in the
regular course of business, and in accordance with ORS 192.040 to
192.060 and 192.105, has caused any or all of the same to be
recorded, copied or reproduced by any photographic, photostatic,
microfilm, micro-card, miniature photographic, optical imaging or
other process that accurately reproduces or forms a durable
medium for so reproducing the original, the original may be
destroyed in the regular course of business unless held in a
custodial or fiduciary capacity or unless its preservation is
required by law. Such reproduction, when satisfactorily
identified, is as admissible in evidence as the original itself
in any judicial or administrative proceeding whether the original
is in existence or not and an enlargement or facsimile of such
reproduction is likewise admissible in evidence if the original
reproduction is in existence and available for inspection under
direction of the court. The introduction of a reproduced record,
enlargement or facsimile does not preclude admission of the
original. + }
SECTION 4. { + (1) Any real estate broker, real estate
property manager or escrow agent who is required by the Real
Estate Commissioner to maintain the canceled checks used to
disburse moneys from the licensee's clients' trust account may
substitute a copy of the original canceled check, if the copy is
produced by optical imaging and the copy is at least 300 dots per
inch in quality.
(2) A real estate broker, real estate property manager or
escrow agent may use electronic fund transfers for the deposit
into or for withdrawal from a clients' trust account established
under ORS 696.241 or 696.578, if the bank furnishes to the
licensee an accurate paper record of the deposits and
withdrawals.
(3) As used in subsection (2) of this section, 'electronic fund
transfer' has the meaning set forth in section 903 of the
Electronic Transfer Act (P.L. 90-321, 15 U.S.C. �1693a). + }
SECTION 5. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect July 1, 1995. + }
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