71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 3007
LC 4027/HB 3007-A15
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3007
By COMMITTEE ON RULES AND REDISTRICTING
July 3
On page 1 of the printed A-engrossed bill, line 2, delete '
and' and after 'ORS' insert '459.045,'.
In line 3, delete 'and' and insert a comma and after ' 646.850'
insert ', 671.610, 701.100 and 701.102; repealing section 1,
chapter 108, Oregon Laws 2001 (Enrolled House Bill 2194), and
sections 1 and 2, chapter 380, Oregon Laws 2001 (Enrolled Senate
Bill 320); and declaring an emergency'.
In line 5, after '1.' insert '(1)'.
In line 8, delete '(1)' and insert '(a)'.
In line 9, delete '(a)' and insert '(A)'.
In line 11, delete '(b)' and insert '(B)'.
In line 14, delete '(c)' and insert '(C)'.
In line 15, delete 'subsection' and insert 'paragraph'.
In line 16, delete '(2)' and insert '(b)'.
In line 18, delete 'subsection' and insert 'paragraph'.
In line 20, delete '(3)' and insert '(2)'.
On page 2, line 1, after the period insert 'The director may
not, under rules developed pursuant to this paragraph, prohibit
the installation of thermostats that contain mercury on
industrial equipment used for safety controls.
' (b) Establish a uniform notification and process for disposal
and delivery of mercury thermostats by persons installing
heating, ventilation or air conditioning systems. Persons
installing heating, ventilation or air conditioning systems shall
dispose of mercury thermostats according to the process
established pursuant to this paragraph.'.
Delete lines 2 through 4.
Delete lines 8 through 10 and insert:
' { + SECTION 4. + } { + The Director of the Department of
Consumer and Business Services shall make any rules adopted:
' (1) Under section 3 (1)(a) of this 2001 Act effective on and
after January 1, 2006; and
' (2) Under section 3 (1)(b) of this 2001 Act effective on and
after January 1, 2003. + } ' .
On page 5, line 6, after 'is' insert 'required by federal law,
or is'.
On page 6, delete lines 7 through 45 and delete page 7.
On page 8, delete lines 1 through 13 and insert:
' { + SECTION 13. + } ORS 646.608, as amended by section 11
of this 2001 Act, is amended to read:
' 646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
' (a) Passes off real estate, goods or services as those of
another.
' (b) Causes likelihood of confusion or of misunderstanding as
to the source, sponsorship, approval, or certification of real
estate, goods or services.
' (c) Causes likelihood of confusion or of misunderstanding as
to affiliation, connection, or association with, or certification
by, another.
' (d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
' (e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
' (f) Represents that real estate or goods are original or new
if they are deteriorated, altered, reconditioned, reclaimed, used
or secondhand.
' (g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
' (h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
' (i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
' (j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
' (k) Makes false or misleading representations concerning
credit availability or the nature of the transaction or
obligation incurred.
' (L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
' (m) Performs service on or dismantles any goods or real
estate when not authorized by the owner or apparent owner
thereof.
' (n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
' (o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
' (p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
' (q) Promises to deliver real estate, goods or services within
a certain period of time with intent not to deliver them as
promised.
' (r) Organizes or induces or attempts to induce membership in
a pyramid club.
' (s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
' (t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
' (u) Engages in any other unfair or deceptive conduct in trade
or commerce.
' (v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
' (w) Manufactures mercury fever thermometers.
' (x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
' (A) Prescribed by a person licensed under ORS chapter 677;
and
' (B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
' (y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
' { + (z) Sells or offers for sale a motor vehicle
manufactured after January 1, 2006, that contains mercury light
switches. + }
' { - (z) - } { + (aa) + } Violates the provisions of ORS
803.375, 803.385 or 815.410 to 815.430.
' { - (aa) - } { + (bb) + } Violates ORS 646.850 (1).
' { - (bb) - } { + (cc) + } Violates any requirement of ORS
646.661 to 646.686.
' { - (cc) - } { + (dd) + } Violates the provisions of ORS
128.801 to 128.898.
' { - (dd) - } { + (ee) + } Violates ORS 646.883 or 646.885.
' { - (ee) - } { + (ff) + } Violates any provision of ORS
646.195.
' { - (ff) - } { + (gg) + } Violates ORS 646.569.
' { - (gg) - } { + (hh) + } Violates the provisions of ORS
646.859.
' { - (hh) - } { + (ii) + } Violates ORS 759.290.
' { - (ii) - } { + (jj) + } Violates ORS 646.872.
' { - (jj) - } { + (kk) + } Violates ORS 646.553 or 646.557
or any rule adopted pursuant thereto.
' { - (kk) - } { + (LL) + } Violates ORS 646.563.
' { - (LL) - } { + (mm) + } Violates ORS 759.690 or any rule
adopted pursuant thereto.
' { - (mm) - } { + (nn) + } Violates the provisions of ORS
759.705, 759.710 and 759.720 or any rule adopted pursuant
thereto.
' { - (nn) - } { + (oo) + } Violates ORS 646.892 or 646.894.
' { - (oo) - } { + (pp) + } Violates any provision of ORS
646.249 to 646.259.
' { - (pp) - } { + (qq) + } Violates ORS 646.384.
' { - (qq) - } { + (rr) + } Violates ORS 646.871.
' { - (rr) - } { + (ss) + } Violates ORS 822.046.
' { - (ss) - } { + (tt) + } Violates ORS 128.001.
' { - (tt) - } { + (uu) + } Violates ORS 646.649 (2) to (4).
' { - (uu) - } { + (vv) + } Violates ORS 646.877 (2) to (5).
' { - (vv) - } { + (ww) + } Violates ORS 87.686.
' { - (ww) - } { + (xx) + } Violates ORS 646.651.
' { - (xx) - } { + (yy) + } Violates ORS 646.879.
' (2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
' (3) In order to prevail in an action or suit under ORS
646.605 to 646.652, a prosecuting attorney need not prove
competition between the parties or actual confusion or
misunderstanding.
' (4) No action or suit shall be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
183.310 to 183.550 declaring the conduct to be unfair or
deceptive in trade or commerce.'.
On page 10, after line 21, insert:
' { + SECTION 23. + } ORS 459.045 is amended to read:
' 459.045. (1) The Environmental Quality Commission shall adopt
reasonable and necessary solid waste management rules governing
the:
' (a) Accumulation, storage, collection, transportation and
disposal of solid wastes to prevent vector production and
sustenance, transmission of diseases to humans or animals, air
pollution, pollution of surface or ground waters, and hazards to
service or disposal workers or to the public.
' (b) Location of disposal sites, giving consideration to:
' (A) The adaptability of each disposal site to the population
served, topography and geology of the area and other
characteristics as they affect protection of ground and surface
waters and air pollution;
' (B) Minimum standards of design, management and operation of
disposal sites; and
' (C) Salvage operations at disposal sites.
' (c) Construction, loading and operation of vehicles used in
performing collection service to prevent the contents of the
vehicles from dropping, sifting, leaking or escaping onto public
highways.
' (d) Definition of other 'wastes' subject to regulation under
ORS 459.005 to 459.105, 459.205 to 459.385 and 459.992 (1) and
(2).
' (e) Closure and post-closure maintenance of land disposal
sites.
' (2) The commission may by rule:
' (a) Exempt a class of land disposal sites other than those
receiving domestic solid waste from the requirement to provide
financial assurance under ORS 459.272; or
' (b) Establish criteria that a land disposal site must meet to
be exempted from the requirement to provide financial assurance
under ORS 459.272.
' (3) The commission shall adopt rules on other subjects as
necessary to carry out { + : + }
' { + (a) + } ORS 459.005 to 459.105 and 459.205 to 459.385.
' { + (b) ORS 646.608 (1)(y). Rules adopted under this
paragraph shall, to the greatest extent practicable, be
consistent with the labeling requirements of other states. + }
' (4) The commission shall adopt rules which have modified or
limited application in different geographic areas of the state
when special conditions prevail in specified geographic areas.
Special conditions that shall be considered include, but are not
limited to, climatic conditions, zone classification of the area,
population characteristics, methods and costs of solid waste
management, solid waste management plans and other conditions in
the area. Modifications or limitations shall not be unreasonable,
arbitrary or inimical to the policy and purposes of ORS 459.005
to 459.105 and 459.205 to 459.385.
' (5) All rules adopted under this section shall be adopted
after public hearing and in accordance with ORS 183.310 to
183.550.
' (6) Unless a rule adopted under this section is adopted
pursuant to the authority granted by ORS 183.335 (5), the
commission shall mail copies of the proposed rules to all persons
who have requested such copies. The copies shall be mailed at
least 30 days prior to the hearing required by subsection (5) of
this section.
' { + SECTION 24. + } ORS 701.100 is amended to read:
' 701.100. (1) The failure of a contractor to comply with the
provisions of this section and ORS 656.021, 657.665, 670.600,
701.035, 701.065 to 701.075, 701.135, 701.240 and 701.250 or to
be in conformance with the provisions of ORS chapter 316, 656 or
657 { + or ORS chapter 455 and the rules adopted thereunder + }
is a basis for suspension of the contractor's license, revocation
of the contractor's license, refusal to issue or reissue a
contractor's license, assessment of a civil penalty as set forth
in ORS 701.992 or a combination of these sanctions.
' (2) Any action against a contractor under this section shall
be conducted in conformance with the provisions of ORS 183.413 to
183.497.
' (3) When imposing a sanction for a violation of ORS 701.055
(1), if the Construction Contractors Board does not have evidence
that a contractor has worked without a license, and no consumer
has suffered damages from the work of the contractor, the civil
penalty imposed by the Construction Contractors Board shall not
exceed $1,000.
' { + SECTION 25. + } { + Section 1, chapter 108, Oregon
Laws 2001 (Enrolled House Bill 2194) (amending ORS 671.610), and
sections 1 (amending ORS 701.102) and 2, chapter 380, Oregon Laws
2001 (Enrolled Senate Bill 320), are repealed. + }
' { + SECTION 26. + } ORS 671.610 is amended to read:
' 671.610. (1) { + In addition to any civil penalty assessed
under ORS 671.720, + } the State Landscape Contractors Board may
suspend, revoke or refuse to issue or renew the license of any
person { - who - } { + that + }:
' (a) Has obtained or attempted to obtain a license under ORS
671.510 to 671.710 by fraud or material misrepresentation;
' (b) Has made a material misrepresentation about the quality
of any material or service the person provides;
' (c) Has performed defective work;
' (d) Has furnished defective materials;
' (e) Has made misleading statements when advertising services
or materials;
' (f) Has violated a provision of ORS 671.510 to 671.710;
' (g) Has had the bond or deposit required by ORS 671.690
terminated, canceled or reduced or withdrawn; or
' (h) Has violated a voluntary compliance agreement entered
into under ORS 646.605 to 646.652.
' { - (2) The board may suspend or refuse to license any
corporation, partnership or individual if any individual who is
an owner or officer of the business is or was the owner or
officer of a business that: - }
' { + (2) The board may suspend the license of or refuse to
license a person if the person, or the owner or holder of a
direct or indirect interest in the person, is a business or the
owner or holder of a direct or indirect interest in a business
that: + }
' (a) Owes any amount pursuant to a final order or arbitration
award of the board; { - or - }
' (b) Owes any amount pursuant to a court order or civil
penalty arising from landscaping or construction business
activities in this or any other state of the United States
{ - . - } { + ;
' (c) Owes any amount to a surety company that has paid money
from the surety bond of a landscaping business; or
' (d) Has had a license to operate as a landscaping business
revoked by the landscape contractor licensing agency of any
state.
' (3) The board shall adopt rules defining the ownership or
holding of a direct or indirect interest for purposes of
subsection (2) of this section.
' (4) The board may hold the suspension or refusal of a license
under subsection (2) of this section in abeyance if the person is
adhering to a board-approved plan for restitution of the amount
owed. + }
' { - (3) - } { + (5) + } { - A person - } { + An
individual + } who has been a sole proprietor, partner { + ,
limited liability company member, limited liability partnership
member + } or corporate officer of a landscaping business the
license of which has been suspended or revoked may be denied a
license if the { - person - } { + individual + } knowingly
participated in the conduct that led to the suspension or
revocation.
' { - (4) - } { + (6) + } A person whose license is revoked
or not renewed pursuant to this section { - shall - }
{ + is + } not { - be - } eligible to apply for a license
under ORS 671.510 to 671.710 until two years after the effective
date of the revocation or of the nonrenewal.
' { - (5) - } { + (7) + } In addition to the remedies of
license denial, suspension, revocation or refusal to renew a
license, when it appears to the board that a person has engaged
in, or is engaging in, any act, practice or transaction
{ - which - } { + that + } violates the provisions of this
chapter, the board may direct the Attorney General to apply to
the court for an injunction restraining the person from violating
the provisions of this chapter.
' { - (6)(a) - } { + (8)(a) + } The board may suspend,
revoke or refuse to reissue a license to a landscape contractor
if the board determines, after notice and opportunity for a
hearing, that the contractor was working with another landscape
contractor or landscape contractors on the same task and work
site where one of the contractors is registered exempt under ORS
671.525 (2)(b) and the total number of landscape contractors
working on the task exceeded:
' (A) Two sole proprietors;
' (B) One partnership;
' (C) One corporation; or
' (D) One limited liability company.
' (b) The board may assess a civil penalty as provided under
ORS 671.720 (4) for a violation of paragraph (a) of this
subsection.
' { + SECTION 27. + } ORS 701.102 is amended to read:
' 701.102. (1) The Construction Contractors Board may suspend
{ - a - } { + the + } license of or refuse to license
{ - any corporation, partnership or individual if any individual
who is an owner, shareholder or officer of the business is or was
the owner or officer of a business that: - } { + a person if
the person, or the owner or holder of a direct or indirect
interest in the person, is a business or the owner or holder of a
direct or indirect interest in a business that: + }
' (a) Owes any amount pursuant to a final order or arbitration
award of the board;
' { - (b) Has an outstanding final judgment of a court that a
bond under ORS 701.085 would have been subject to; or - }
' { - (c) - } { + (b) + } { - Owes any amount pursuant to
a court order - } { + Owes any amount under final judgment of a
court + } or civil penalty arising from construction business
activities in { + Oregon or + } any other state of the United
States { - . - } { + ; or
' (c) Has had a license to operate as a construction contractor
revoked by a construction contractor licensing agency of any
state.
' (2) The board may hold the suspension or refusal of a license
under subsection (1) of this section in abeyance if the person is
adhering to a board-approved plan for restitution of the amount
owed.
' (3) The board shall adopt rules defining the ownership or
holding of a direct or indirect interest for purposes of
subsection (1) of this section. The rules may not define direct
or indirect interest in a manner that includes the interest of an
investor who has no right to manage a business, including but not
limited to, the interest of:
' (a) A person who is solely a minority shareholder in a
corporation;
' (b) A member of a manager-managed limited liability company;
or
' (c) A limited partner in a limited partnership who does not
participate in the control of the business of the limited
partnership. + }
' { - (2) - } { + (4) + } The board may place a contractor
on probation if { + a total of + } three or more claims are
filed { - against the contractor - } with the board within a
12-month period { + against the contractor or a former licensed
construction company in which the contractor held at least a 10
percent ownership interest, measured as determined by board
rule + }. A contractor may not be placed on probation unless the
board determines after investigation that it is likely that the
contractor has caused harm to the claimants. The board may
require a contractor that is placed on probation to develop a
corrective action plan, to attend specific classes and to resolve
outstanding claims. The board may require a contractor that is
placed on probation to take any education and training described
under ORS 701.280 and to pass an examination on subjects relating
to business practices and laws affecting construction
contractors. The board shall take action to terminate the
contractor's license if the contractor is unwilling or unable to
comply with the conditions of probation.
' { + SECTION 28. + } { + Sections 1 to 7, 10, 21 and 22 of
this 2001 Act and the amendments to ORS 459.045, 459.995,
465.012, 646.563, 646.850, 671.610 and 701.100 by sections 8, 9,
15, 20, 23, 24 and 26 of this 2001 Act become operative on
January 1, 2002. + }
' { + SECTION 29. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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