71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 720
 
Sponsored by Senator CLARNO (at the request of Mike Dewey)
 
 
                     CHAPTER ................
 
 
                             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. + }
 
 
 
 
Enrolled Senate Bill 720 (SB 720-A)                        Page 1
 
 
 
  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. + }
                         ----------
 
 
Passed by Senate May 9, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 25, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 720 (SB 720-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 720 (SB 720-A)                        Page 3