72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2749
 
LC 2359/HB 2749-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2749
 
                 By COMMITTEE ON TRANSPORTATION
 
                            April 28
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
479.180, 480.345, 480.347,' and after '480.380' insert 'and
646.608'.
  In line 3, delete 'and' and insert a comma and before the
period insert ', 480.330, 480.340 and 480.349'.
  In line 7, delete ' ' eligible customer' ' and insert ' '
qualified individual' ' .
  Delete lines 13 through 22 and insert:
  ' (2) The owner or operator of a filling station, service
station, garage or other dispensary where Class 1 flammable
liquids, except aviation fuels, are dispensed at retail shall
provide an attendant with an unobstructed and unaided view of the
dispensing devices.
  ' (3) Upon the request of a qualified individual, the attendant
shall assist the qualified individual to dispense Class 1
flammable liquids into the fuel tank of a motor vehicle or other
container.
  ' (4) The owner or operator shall sell Class 1 flammable
liquids to a qualified individual at a price equal to or less
than the price that the owner or operator sells the liquids to an
individual who dispenses the liquids.
  '  { +  SECTION 3. + } ORS 479.180 is amended to read:
  ' 479.180. (1) If the owner, lessee, agent or occupant is
aggrieved by the order of an officer under the provisions of ORS
476.030, 479.020 to 479.130, 479.170, 479.210 to 479.220, 480.122
to 480.160,   { - 480.330, 480.340, - }  480.420 to 480.434 or
480.450 and desires a hearing, the person may complain or appeal
in writing to the State Fire Marshal within 10 days from the
service of the order. The complaint or appeal shall set forth the
specific grounds of the complaint or appeal and no other ground
shall be considered thereafter. The complaint or appeal shall be
accompanied by a fee of $40 payable to the State Fire Marshal,
and the State Fire Marshal may refer the complaint or appeal to
the regional appeal advisory board established for that region by
notifying the chairperson of that board and sending a copy of the
notice to the complainant or appellant. The board shall fix a
time for hearing and notify the complainant or appellant of the
time and place thereof, which shall be within 10 days after such
referral by the State Fire Marshal. If the State Fire Marshal
does not refer the matter to a regional appeal advisory board,
the State Fire Marshal shall fix a time and place, not less than
five and not more than 10 days thereafter, when and where the
complaint or appeal will be heard by the State Fire Marshal.
Within 10 days after receiving a recommendation from the regional
appeal advisory board, or if no referral was made to such board,
within 10 days after the hearing before the State Fire Marshal,
the State Fire Marshal may affirm, modify, revoke or vacate the
order complained of or appealed from. Unless the order is
modified, revoked or vacated by the State Fire Marshal, it shall
remain in force and be complied with by the owner, lessee, agent
or occupant, and within the time fixed in the order or fixed by
the State Fire Marshal. If the State Fire Marshal vacates or
revokes the order complained of or appealed from, or modified it
in any particular other than extending time for compliance, the
fee paid with the complaint or appeal shall be refunded.
Otherwise, it shall be credited to appropriate state funds, and
the State Fire Marshal shall so notify the State Treasurer.
  ' (2) If the complainant or appellant under subsection (1) of
this section is aggrieved by the final order of the State Fire
Marshal, and if such order necessitates the expenditure of money
or involves statutory interpretation, the complainant or
appellant may, within 10 days thereafter, appeal to the circuit
court of the county in which the property is situated, notifying
the State Fire Marshal of the appeal within 10 days thereafter,
which notice shall be in writing and delivered personally or by
registered letter to the marshal, or left at the principal office
of the State Fire Marshal at the state capital. The party so
appealing shall, within two days after filing the appeal, file
with the circuit court in which appeal is made a bond in an
amount to be fixed by the court or judge, but in no case less
than $100, with two sufficient sureties possessing the
qualification of bail on arrest, the bond to be approved by the
court and conditioned to pay all the costs on the appeal in case
the appellant fails to sustain it or it is dismissed for any
cause. In the case of an appeal involving an order under ORS
479.170, the circuit court shall hear and determine the appeal
within 10 days after the date of filing the same.
  ' (3) The State Fire Marshal shall make or have made a
certified summary of the proceedings at the hearing before the
regional appeal advisory board or before the State Fire Marshal,
and together with all the evidentiary matter filed in the office
of the State Fire Marshal or presented to the regional appeal
advisory board, transmit them to the circuit court at least three
days prior to the date fixed by the court for hearing when it
shall be tried de novo.
  '  { +  SECTION 4. + } ORS 480.345 is amended to read:
  ' 480.345.   { - Notwithstanding ORS 480.330 and 480.340, - }
The owner, operator or employee of a dispensing facility may
permit { +  a + } nonretail   { - customers - }
 { + customer + } other than the owner, operator or employee to
use or manipulate at the dispensing facility a card activated or
key activated device for dispensing Class 1 flammable liquids
into the fuel tank of a motor vehicle or other container under
the following conditions:
  ' (1) The owner or operator   { - shall hold - }
 { + holds + } a current nonretail facility license issued by the
State Fire Marshal under ORS 480.350;
  ' (2)   { - After April 1, 1992, a - }   { + The + } nonretail
customer   { - shall purchase - }   { + purchases + } at least
900 gallons of Class 1 flammable liquids or diesel fuel from any
source during a 12-month period or, if the   { - amount of such
liquids or fuel purchased is - }   { + customer purchases + }
less than 900 gallons annually, file documentation that:
  ' (a) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
  ' (b) The   { - fuel was purchased by - }   { + customer is + }
a governmental agency providing fire, ambulance or police
services;
  ' (3) The nonretail customer   { - shall provide - }
 { + provides + } a federal employer identification number or
equivalent documentation to indicate participation in a business
or employment with a government agency or nonprofit or charitable
organization;
  ' (4) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids   { - shall be - }
 { + is + } employed by a business, government agency or
nonprofit or charitable organization and   { - shall dispense - }
 { + dispenses + } Class 1 flammable liquids only into the fuel
tank of a motor vehicle or other container owned or used by the
business, government agency or nonprofit or charitable
organization;
  ' (5) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids   { - shall
have - }  { +  has + } satisfied safety training requirements in
compliance with rules of the State Fire Marshal; and
  ' (6) The owner or operator   { - shall enter - }
 { + enters + } into a written agreement with nonretail customers
permitted under this section to dispense fuel at the nonretail
facility. Except as otherwise provided in ORS 480.355, the
 { + written + } agreement shall at a minimum:
  ' (a) Certify that the nonretail customer will purchase at
least 900 gallons of Class 1 flammable liquids or diesel fuel
from any source during a 12-month period or, if the amount of
 { - such - }  { +  the + } liquids or fuel purchased is less
than 900 gallons annually, file documentation that:
  ' (A) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
  ' (B) The   { - fuel was purchased by - }   { + customer is + }
a governmental agency providing fire, ambulance or police
services;
  ' (b) Provide a federal employer identification number or
equivalent documentation to indicate participation in a business
or employment with a government agency or nonprofit or charitable
organization;
  ' (c) Certify that the nonretail customer is employed by a
business, government agency or nonprofit or charitable
organization and that the nonretail customer shall dispense Class
1 flammable liquids only into the fuel tank of a motor vehicle or
other container owned or used by the business, government agency
or nonprofit or charitable organization;
  ' (d) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
  ' (e) Require the nonretail customer to submit a sworn
statement, as defined in ORS 162.055, that the information
supplied in the agreement is true and correct.
  '  { +  SECTION 5. + } ORS 480.345, as amended by section 2,
chapter 328, Oregon Laws 2001, is amended to read:
  ' 480.345.   { - Notwithstanding ORS 480.330 and 480.340, - }
The owner, operator or employee of a dispensing facility may
permit  { + a + } nonretail   { - customers - }
 { + customer + } other than the owner, operator or employee to
use or manipulate at the dispensing facility a card activated or
key activated device for dispensing Class 1 flammable liquids
into the fuel tank of a motor vehicle or other container under
the following conditions:
  ' (1) The owner or operator   { - shall hold - }
 { + holds + } a current nonretail facility license issued by the
State Fire Marshal under ORS 480.350;
  ' (2)   { - After April 1, 1992, a - }   { + The + } nonretail
customer   { - shall purchase - }   { + purchases + } at least
2,400 gallons of Class 1 flammable liquids or diesel fuel from
any source during a 12-month period or, if the   { - amount of
such liquids or fuel purchased is - }   { + customer
purchases + } less than 2,400 gallons annually, file
documentation that:
  ' (a) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
  ' (b) The   { - fuel was purchased by - }   { + customer is + }
a governmental agency providing fire, ambulance or police
services;
 
  ' (3) The nonretail customer   { - shall provide - }
 { + provides + } a federal employer identification number or
equivalent documentation to indicate participation in a business
or employment with a government agency or nonprofit or charitable
organization;
  ' (4) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids   { - shall be - }
 { + is + } employed by a business, government agency or
nonprofit or charitable organization and   { - shall dispense - }
 { + dispenses + } Class 1 flammable liquids only into the fuel
tank of a motor vehicle or other container owned and used by the
business, government agency or nonprofit or charitable
organization;
  ' (5) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids   { - shall
have - }  { +  has + } satisfied safety training requirements in
compliance with rules of the State Fire Marshal; and
  ' (6) The owner or operator   { - shall enter - }
 { + enters + } into a written agreement with nonretail customers
permitted under this section to dispense fuel at the nonretail
facility. Except as otherwise provided in ORS 480.355, the
 { + written + } agreement shall at a minimum:
  ' (a) Certify that the nonretail customer will purchase at
least 2,400 gallons of Class 1 flammable liquids or diesel fuel
from any source during a 12-month period or, if the amount of
  { - such - }   { + the + } liquids or fuel purchased is less
than 2,400 gallons annually, file documentation that:
  ' (A) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
  ' (B) The   { - fuel was purchased by - }   { + customer is + }
a governmental agency providing fire, ambulance or police
services;
  ' (b) Provide a federal employer identification number or
equivalent documentation to indicate participation in a business
or employment with a government agency or nonprofit or charitable
organization;
  ' (c) Certify that the nonretail customer is employed by a
business, government agency or nonprofit or charitable
organization and that the nonretail customer shall dispense Class
1 flammable liquids only into the fuel tank of a motor vehicle or
other container owned and used by the business, government agency
or nonprofit or charitable organization;
  ' (d) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
  ' (e) Require the nonretail customer to submit a sworn
statement, as defined in ORS 162.055, that the information
supplied in the agreement is true and correct.
  '  { +  SECTION 6. + } ORS 480.347 is amended to read:
  ' 480.347.   { - Notwithstanding ORS 480.330 and 480.340, - }
During an emergency as defined in ORS 401.025, the owner,
operator or employee of a dispensing facility may permit
nonretail customers, other than the owner, operator or employee,
to use or manipulate at the dispensing facility a card activated
or key activated device for dispensing Class 1 flammable liquids
into the fuel tank of a vehicle or other container if:
  ' (1) The owner or operator holds a current nonretail facility
license issued by the State Fire Marshal under ORS 480.350;
  ' (2) The fuel is dispensed to an emergency service agency as
defined in ORS 401.025 or to an entity authorized by an emergency
service agency to provide services during an emergency;
  ' (3) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids is an emergency service
worker as defined in ORS 401.025 or an owner or employee of the
entity authorized by the emergency service agency to provide
services during an emergency and dispenses Class 1 flammable
liquids only into the fuel tank of a vehicle or other container
owned and used by the emergency service agency or the entity
authorized by that agency to provide services during an
emergency; and
  ' (4) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids satisfies safety
training requirements in compliance with rules of the State Fire
Marshal.'.
  In line 23, delete '3' and insert '7'.
  In line 26, after the semicolon insert 'and'.
  Delete lines 27 through 29.
  In line 30, delete '(c)' and insert '(b)'.
  On page 2, line 3, delete 'for safety training for customers
dispensing Class 1 flammable liquids under' and insert 'to
regulate or enforce'.
  After line 4, insert:
  '  { +  SECTION 8. + } ORS 646.608 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) Violates the provisions of ORS 803.375, 803.385 or
815.410 to 815.430.
  ' (aa) Violates ORS 646.850 (1).
  ' (bb) Violates any requirement of ORS 646.661 to 646.686.
  ' (cc) Violates the provisions of ORS 128.801 to 128.898.
  ' (dd) Violates ORS 646.883 or 646.885.
  ' (ee) Violates any provision of ORS 646.195.
  ' (ff) Violates ORS 646.569.
  ' (gg) Violates the provisions of ORS 646.859.
  ' (hh) Violates ORS 759.290.
  ' (ii) Violates ORS 646.872.
  ' (jj) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  ' (kk) Violates ORS 646.563.
  ' (LL) Violates ORS 759.690 or any rule adopted pursuant
thereto.
  ' (mm) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  ' (nn) Violates ORS 646.892 or 646.894.
  ' (oo) Violates any provision of ORS 646.249 to 646.259.
  ' (pp) Violates ORS 646.384.
  ' (qq) Violates ORS 646.871.
  ' (rr) Violates ORS 822.046.
  ' (ss) Violates ORS 128.001.
  ' (tt) Violates ORS 646.649 (2) to (4).
  ' (uu) Violates ORS 646.877 (2) to (5).
  ' (vv) Violates ORS 87.686.
  ' (ww) Violates ORS 646.651.
  ' (xx) Violates ORS 646.879.
  ' (yy) Violates ORS 646.402 or any rule adopted under ORS
646.402 or 646.404.
  '  { +  (zz) Violates section 2 of this 2003 Act. + }
  ' (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.
  '  { +  SECTION 9. + } ORS 646.608, as amended by section 13,
chapter 924, Oregon Laws 2001, 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.
  ' (aa) Violates the provisions of ORS 803.375, 803.385 or
815.410 to 815.430.
  ' (bb) Violates ORS 646.850 (1).
  ' (cc) Violates any requirement of ORS 646.661 to 646.686.
  ' (dd) Violates the provisions of ORS 128.801 to 128.898.
  ' (ee) Violates ORS 646.883 or 646.885.
  ' (ff) Violates any provision of ORS 646.195.
  ' (gg) Violates ORS 646.569.
  ' (hh) Violates the provisions of ORS 646.859.
  ' (ii) Violates ORS 759.290.
  ' (jj) Violates ORS 646.872.
  ' (kk) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  ' (LL) Violates ORS 646.563.
  ' (mm) Violates ORS 759.690 or any rule adopted pursuant
thereto.
  ' (nn) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  ' (oo) Violates ORS 646.892 or 646.894.
  ' (pp) Violates any provision of ORS 646.249 to 646.259.
  ' (qq) Violates ORS 646.384.
  ' (rr) Violates ORS 646.871.
  ' (ss) Violates ORS 822.046.
  ' (tt) Violates ORS 128.001.
  ' (uu) Violates ORS 646.649 (2) to (4).
  ' (vv) Violates ORS 646.877 (2) to (5).
  ' (ww) Violates ORS 87.686.
  ' (xx) Violates ORS 646.651.
  ' (yy) Violates ORS 646.879.
  ' (zz) Violates ORS 646.402 or any rule adopted under ORS
646.402 or 646.404.
  '  { +  (aaa) Violates section 2 of this 2003 Act. + }
  ' (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.'.
  In line 5, delete '4' and insert '10' and delete 'and ' and
insert a comma and after '480.320' insert ', 480.330, 480.340 and
480.349'.
  After line 5, insert:
  '  { +  SECTION 11. + }  { + The amendments to ORS 479.180 by
section 3 of this 2003 Act apply to complaints or appeals
submitted on or after the effective date of this 2003 Act. + } '
.
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