72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 882
 
                           A-Engrossed
 
                         House Bill 2103
                  Ordered by the House April 18
            Including House Amendments dated April 18
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for Department of Justice)
 
 
                             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.
 
  Prohibits person from selling, leasing or renting payment
processing system that provides  { + customer + } receipt with
more information about customer than   { - last four - }
 { + customer's name and last five + } digits of customer's
credit or debit card number.  Prohibits person from creating
 { + customer + } receipt with more information about customer
than   { - last four - }   { + customer's name and last five + }
digits of customer's credit or debit card number.   { +  Requires
person that creates or retains copy of receipt that contains more
information than customer name and last five numbers of credit or
debit card to destroy receipt within certain time. + } Authorizes
Attorney General or district attorney to bring action to prevent
violation. Imposes civil penalty for violation of order or
injunction. Increases civil penalty for unlawful credit or debit
card solicitations. Authorizes court to award attorney fees to
prevailing party in action to impose civil penalty.
 
                        A BILL FOR AN ACT
Relating to financial card transactions; creating new provisions;
  and amending ORS 646.899.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 2 and 3 of this 2003 Act:
  (1) 'Credit card' has the meaning given that term in ORS
646.893.
  (2) 'Debit card' has the meaning given 'debit instrument ' in
15 U.S.C. 1693n. + }
  SECTION 2.  { + A person may not sell, lease or rent a payment
processing system that provides a customer receipt that shows
more information about a customer than the customer's name and
the last five digits of the customer's credit or debit card
number. + }
  SECTION 3.  { + (1) In a credit or debit card transaction with
a customer, a person may not create a customer receipt that shows
more information about a customer than the customer's name and
the last five digits of the customer's credit or debit card
number.
  (2) A person that creates or retains a copy of a receipt
containing more information about a customer than the customer's
name and the last five digits of the customer's credit or debit
card number shall shred, incinerate or otherwise destroy the copy
on or before the sooner of:
  (a) The date the image of the copy is transferred onto
microfilm or microfiche; or
  (b) Thirty-six months after the date of the transaction that
created the copy. + }
  SECTION 4. ORS 646.899 is amended to read:
  646.899. (1) { + (a) + } The Attorney General or a district
attorney may bring an action in the name of the state against
 { - any - }   { + a + } person to restrain and prevent
 { - any - }   { + a + } violation of ORS 646.895 or 646.897 { +
or section 2 or 3 of this 2003 Act.
  (b) The Attorney General or a district attorney may in the name
of the state seek and obtain a civil penalty from a person who
violates an order or injunction issued pursuant to this
subsection + }.
  (2) { + (a) + }   { - Any - }   { + A + } person who violates
 { - any - }   { + an + } order or injunction issued pursuant to
subsection (1) of this section shall forfeit and pay a civil
penalty of not more than $1,000 { +  per violation + }.   { - For
the purpose of this section - }  The circuit court issuing
 { - any - }   { + the order or + } injunction   { - shall retain
jurisdiction, and the cause shall be continued, and in such cases
the Attorney General acting in the name of the state may petition
for the recovery of civil penalties - }   { + retains
jurisdiction of the action to consider a request for a civil
penalty.
  (b) In an action brought by a prosecuting attorney under this
section, the court may award the prevailing party, in addition to
any other relief provided by law, reasonable attorney fees at
trial and on appeal + }.
  SECTION 5.  { + The Attorney General may adopt rules under + }
 { + ORS 183.310 to 183.550 to carry out the provisions of
sections 1, 2 and 3 of this 2003 Act. + }
  SECTION 6.  { + (1) Section 2 of this 2003 Act applies to
sales, leases and rentals of payment processing systems occurring
on or after the effective date of this 2003 Act.
  (2) Section 3 of this 2003 Act applies to credit or debit card
transactions occurring on or after July 1, 2005. + }
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