72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 103
 
LC 866/SB 103-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 103
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                              May 1
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
646.608 and'.
  In line 16, delete the comma and insert ':
  ' (a) If a lender does not agree to finance the transaction on
the exact terms negotiated between the seller and the buyer, the
seller shall return to the buyer all items of value received from
the buyer as part of the transaction; or
  ' (b)'.
  In line 18, delete 'obtained' and insert 'received final
approval of funding' and after 'lender' insert a period.
  Delete lines 19 through 24.
  In line 25, delete '(5)' and insert '(4)'.
  On page 2, line 4, after '(b)' insert 'If the seller sends
notice to the buyer by first class mail that financing is
unavailable,' and after 'vehicle' insert a period and delete the
rest of the line.
  Delete line 5.
  In line 6, delete 'to the seller's custody.' and insert 'If the
buyer returns the motor vehicle within five days of the mailing
of the notice, the seller may charge the buyer for miles driven
during the first 20 days that the buyer had possession of the
motor vehicle. If the buyer does not return the vehicle within
five days of the mailing of the notice, the seller may charge the
buyer for all miles driven while the buyer has possession of the
motor vehicle.' and delete 'shall' and insert ' may'.
  After line 7, insert:
  ' (5) It is an affirmative defense to a claim or charge of
violating subsection (3)(a) of this section that the buyer failed
to return the motor vehicle after the seller sent notice to the
buyer by first class mail that financing was unavailable.
  '  { +  SECTION 2. + } 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) - }  { +  (4) + }.
  ' (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.
  ' (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 3. + } 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) - }  { +  (4) + }.
  ' (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.
  ' (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 8, delete '2' and insert '4'.
  In line 10, delete '3' and insert '5'.
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