68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session


                            Enrolled

                         Senate Bill 894

Sponsored by COMMITTEE ON BUSINESS AND CONSUMER AFFAIRS (at the
  request of Oregon Bankers Association)


                     CHAPTER ................


                             AN ACT


Relating to trade practices; creating new provisions; and
  amending ORS 646.892.

Be It Enacted by the People of the State of Oregon:

  **************************** SECTION 1.  { + As used in ORS
646.892 and 646.894, 'credit card' has the meaning given that
term under the federal Consumer Credit Protection Act (P.L.
90-321, 82 Stat. 146, 15 U.S.C. 1602). + }
  **************************** SECTION 2. ORS 646.892 is amended
to read:
  646.892. (1) A person shall not require as a condition of
acceptance of a check or share draft, or as a means of
identification, that the person presenting the check or share
draft provide a credit card number or expiration date, or both,
unless the credit is issued by the person requiring the
information.
  (2) Subsection (1) of this section shall not prohibit a person
from:
  (a) Requesting a person presenting a check or share draft to
display a credit card as indicia of credit worthiness and
financial responsibility or as a source of additional
identification;
  (b) Recording the type of credit card and the issuer of the
credit card displayed by the person under paragraph (a) of this
subsection;
  (c) Requesting or receiving a credit card number or expiration
date, or both, and recording the number or date, or both, in lieu
of a security deposit to assure payment in event of default,
loss, damage or other occurrence;
  (d) Recording a credit card number or expiration date, or both,
as a condition for   { - cashing - }   { + acceptance of + } a
check or share draft where   { - that person has agreed with the
card issuer to cash a check or share draft as a service to the
person holding the credit card of the card issuer and the card
issuer guarantees checks or share drafts cashed by that
person - }  { +  the card issuer guarantees checks or share
drafts presented by the cardholder upon the condition that the
person to whom the check is presented records the card number or
expiration date, or both, on the check or share draft + };
  (e) Requesting and recording the name, address, motor vehicle
operator license number or state identification card number and
telephone number of a person offering payment by check; or
  (f) Verifying the signature, name and expiration date on a
credit card.




  (3) This section does not require acceptance of a check or
share draft whether or not a credit card is presented.
  (4) For purposes of this section, 'person' means any
individual, corporation, partnership or association.
                         ----------


Passed by Senate April 6, 1995


      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House May 17, 1995


      ...........................................................
                                                 Speaker of House









































Enrolled Senate Bill 894                                   Page 2





Received by Governor:

......M.,............., 1995

Approved:

......M.,............., 1995


      ...........................................................
                                                         Governor

Filed by Office of Secretary of State:

......M.,............., 1995


      ...........................................................
                                               Secretary of State









































Enrolled Senate Bill 894                                   Page 3