74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3587
 
                         House Bill 2879
 
Sponsored by Representative LIM
 
 
                             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 as
introduced.
 
  Requires merchant to verify identity of card holder in credit
card or debit card transaction.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to credit card transactions; creating new provisions;
  amending ORS 646.894; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646.894 is amended to read:
  646.894. (1) A merchant that accepts a credit card or debit
card for a transaction   { - may - }  { +  shall + } require that
the credit card or debit card holder provide personal
information, other than the personal information that appears on
the face of the credit card or debit card, for the purposes of
verification of the card holder's identity. The merchant may not
write the information on the credit card or debit card
transaction form.
  (2) This section may not be construed to prevent a merchant
from requesting and keeping in written form information necessary
for shipping, delivery or installation of purchased goods or
services, or for warranty   { - when the information is provided
voluntarily by a credit card or debit card holder - } .
  (3) Any provision in a contract between a merchant and a credit
card or debit card issuer, financial institution or other person
that prohibits the merchant from verifying the identity of a
person who presents a credit card or debit card in payment for
goods or services by requiring or requesting identification is
contrary to public policy and void.
  (4) Nothing in this section may be construed to  { - : - }
    { - (a) Compel a merchant to verify the identity of a person
who presents a credit card or debit card in payment for goods or
services; or - }
    { - (b) - }  interfere with the ability of a merchant to make
and enforce policies regarding verification of the identity of a
person who presents a credit card or debit card in payment for
goods or services.
  (5) As used in this section, 'merchant' means a person who, in
the ordinary course of that person's business, permits persons to
present credit cards or debit cards in payment for goods or
services.
 
  SECTION 2.  { + The amendments to ORS 646.894 by section 1 of
this 2007 Act apply to credit card and debit card transactions
conducted on or after the effective date of this 2007 Act. + }
  SECTION 3.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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