71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2696
 
                           A-Engrossed
 
                         Senate Bill 720
                   Ordered by the Senate May 7
             Including Senate Amendments dated May 7
 
Sponsored by Senator CLARNO (at the request of Mike Dewey)
 
 
                             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.
 
  Establishes affirmative defense to claim of unlawful
sweepstakes promotion for originator that   { - made reasonable
effort to prevent - }   { + implemented reasonable practices or
procedures for preventing + } unlawful promotion.
 
                        A BILL FOR AN ACT
Relating to sweepstakes promotions; creating new provisions; and
  amending ORS 646.879.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646.879 is amended to read:
  646.879. (1)   { - For the purposes of - }   { + As used in
 + }this section  { - , - }  { + : + }
   { +  (a)  + } '  { - removal - }   { + Exclusion  + }request'
means a written request to be   { - removed - }   { + excluded
 + }from a sweepstakes promotion mailing list or to be placed on
a list of persons to whom sweepstakes promotions may not be
mailed.
   { +  (b) 'Sweepstakes promotion' has the meaning given that
term in ORS 124.005. + }
  (2) Any person who receives a sweepstakes promotion, or a
combination of sweepstakes promotions from the same service, in
the United States mail { + , + } regardless of the identities of
the originators of the sweepstakes promotion { + , + } may send a
written
  { - removal - }   { + exclusion  + }request to the originator
of any sweepstakes promotion.
  (3) The   { - removal - }   { + exclusion  + }request shall be
mailed to the address to which the recipient would have sent a
payment for any goods or services promoted in the sweepstakes
promotion had the recipient ordered the goods or services instead
of mailing   { - a removal - }   { + an exclusion  + }request.
  (4) An originator of a sweepstakes promotion who receives
 { - a removal - }   { + an exclusion  + }request shall
 { - remove - }   { + exclude + } the requestor's name from the
originator's sweepstakes promotion mailing list or shall place
the requestor's name on a list of persons to whom sweepstakes
promotions may not be mailed.
 
  (5) The Attorney General shall adopt rules necessary to
implement this section.
    { - (6) As used in this section, 'sweepstakes promotion' has
the meaning given that term in ORS 124.005. - }
   { +  (6) It is an affirmative defense to a claim or charge of
violating subsection (4) of this section that the originator of
the sweepstakes promotion had, at the time of the violation,
implemented reasonable practices or procedures for preventing a
violation. + }
  SECTION 2.  { + The amendments to ORS 646.879 by section 1 of
this 2001 Act apply to sweepstakes promotions mailed on or after
the effective date of this 2001 Act. + }
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