71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2210
 
LC 702/HB 2210-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2210
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                             April 3
 
  On page 2 of the printed bill, line 4, restore the bracketed
material and after 'account' insert 'unless the sale is made at
the residence of the buyer'.
  After line 4, insert:
  ' (b) The provision of cash, credit or debit services by a
financial institution when the transactions occur between the
same seller and the same buyer on a continuing basis, including
but not limited to use by the holder of a credit card, a debit
card or an automated teller machine card issued by a financial
institution to obtain cash, credit or to debit the holder's
account;'.
  In line 5, delete '(a)' and insert '(c)'.
  In line 7, delete '(b)' and insert '(d)'.
  In line 10, delete '(c)' and insert '(e)' and delete the second
'or'.
  In line 11, delete '(d)' and insert '(f)' and delete the period
and insert '; or
  ' (g) Except as provided in subsection (4) of this section, a
transaction in which the buyer initiated the contact and
specifically requested the seller to come to the buyer's home for
the purpose of repairing or performing maintenance on the buyer's
personal property.
  ' (4) The provisions of ORS 83.710 to 83.750 apply to a sale
under subsection (3)(g) of this section if the seller, while at
the home of the buyer to repair or perform maintenance on the
buyer's personal property at the request of the buyer, sells the
buyer the right to receive additional goods or services other
than replacement parts necessary to perform the maintenance or to
make the repairs on the buyer's personal property.'.
  In line 12, delete '(4)' and insert '(5)'.
  On page 3, after line 44, insert:
  ' If you cancel:
  ' (1) Any property you traded in, any payments you made under
the sales contract and any checks or notes you signed will be
returned within 10 BUSINESS DAYS following receipt by the seller
of your notice of cancellation. Any security interest that arises
from the transaction will be canceled.
  ' (2) You may either make available to the seller at your
residence, in substantially as good condition as when received,
any goods delivered to you under the sales contract or you may
comply with the seller's instructions regarding the return
shipment of the goods at the seller's expense and risk.
  ' (3) If you make the goods available to the seller at your
residence and the seller does not pick up the goods within 20
days of the date of your notice of cancellation, you may keep or
discard the goods without further obligation.
  ' (4) If you do not make the goods available to the seller, or
if you agree to return the goods to the seller and you do not
return the goods, you must perform all of your obligations under
the sales contract.
  ' (5) If you do not make the goods available to the seller in
substantially as good condition as when you received the goods,
you may be held liable to the seller for any decrease in the
value of the goods.'.
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