Bill Text: OR SB756 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to gift cards.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2011-06-22 - Effective date, January 1, 2012. [SB756 Detail]

Download: Oregon-2011-SB756-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 756

Sponsored by Senator VERGER, Representative J SMITH; Senators
  DINGFELDER, JOHNSON, MONNES ANDERSON, Representatives CLEM,
  COWAN, HOLVEY

                     CHAPTER ................

                             AN ACT

Relating to gift cards; creating new provisions; and amending ORS
  646A.276.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 646A.276 is amended to read:
  646A.276.  { + (1) + } Except as provided in  { + subsection
(2) of this section and + } ORS 646A.278, a person may not sell a
gift card:
    { - (1) - }  { +  (a) + } That has an expiration date;
    { - (2) - }  { +  (b) + } That has a face value that declines
as a result of the passage of time or the lack of use of the
card;   { - or - }
    { - (3) - }  { +  (c) + } That has a fee related to the card,
including, but not limited to, an inactivity fee, a maintenance
fee or a service fee  { - . - }  { + ; or
  (d) That does not give the cardholder the option to redeem the
card for cash when the face value of the card has declined to an
amount less than $5 and the card has been used for at least one
purchase. For purposes of this paragraph, 'cash' means money or a
check.
  (2) Subsection (1)(d) of this section does not apply to:
  (a) Gift cards that have been given for free or less than full
consideration to a person or entity as a donation or as part of a
promotional offer;
  (b) Gift cards issued by an entity that provides services that
are subject to the federal Communications Act of 1934 (47 U.S.C.
151 et seq.); and
  (c) Gift cards redeemed to an online account for the purchase
of goods or services.
  (3) Redemption under subsection (1)(d) of this section may be
obtained only from the provider of goods or services indicated on
the gift card regardless of whether the provider is the issuer of
the gift card. + }
  SECTION 2.  { + The amendments to ORS 646A.276 by section 1 of
this 2011 Act apply to gift cards sold on or after the effective
date of this 2011 Act. + }
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Enrolled Senate Bill 756 (SB 756-B)                        Page 1

Passed by Senate May 2, 2011

Repassed by Senate June 1, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 25, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 756 (SB 756-B)                        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 Senate Bill 756 (SB 756-B)                        Page 3