76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3483
 
                           A-Engrossed
 
                         Senate Bill 756
                 Ordered by the Senate April 25
           Including Senate Amendments dated April 25
 
Sponsored by Senator VERGER, Representative J SMITH; Senators
  DINGFELDER, JOHNSON, Representatives CLEM, COWAN, HOLVEY
 
 
                             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 sale of gift card that cannot be   { - funded again
by owner or that cannot be - }  redeemed for cash when face value
declines to amount less than   { - $10 - }   { + $5 + } and card
has been used for at least one purchase.  { + Creates
exemptions. + }
 
                        A BILL FOR AN ACT
Relating to gift cards; creating new provisions; and amending ORS
  646A.276.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646A.276 is amended to read:
  646A.276.  { + (1) + } Except as provided in  { + subsection
(2) of this section and + } ORS 646A.278, a person may not sell a
gift card:
    { - (1) - }  { +  (a) + } That has an expiration date;
    { - (2) - }  { +  (b) + } That has a face value that declines
as a result of the passage of time or the lack of use of the
card;   { - or - }
    { - (3) - }  { +  (c) + } That has a fee related to the card,
including, but not limited to, an inactivity fee, a maintenance
fee or a service fee  { - . - }  { + ; or
  (d) That does not give the cardholder the option to redeem the
card for cash when the face value of the card has declined to an
amount less than $5 and the card has been used for at least one
purchase. For purposes of this paragraph, 'cash' means money or a
check.
  (2) Subsection (1)(d) of this section does not apply to:
  (a) Gift cards that have been given for free or less than full
consideration to a person or entity as a donation or as part of a
promotional offer; and
  (b) Gift cards issued by an entity that provides services that
are subject to the federal Communications Act of 1934 (47 U.S.C.
151 et seq.).
  (3) Redemption under subsection (1)(d) of this section may be
obtained only from the provider of goods or services indicated on
the gift card regardless of whether the provider is the issuer of
the gift card. + }
  SECTION 2.  { + The amendments to ORS 646A.276 by section 1 of
this 2011 Act apply to gift cards sold on or after the effective
date of this 2011 Act. + }
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