72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to SB 910
 
LC 3692/SB 910-8
 
                       HOUSE AMENDMENTS TO
                         SENATE BILL 910
 
            By COMMITTEE ON RULES AND PUBLIC AFFAIRS
 
                            August 21
 
  On page 2 of the printed bill, line 10, delete '7' and insert
'8'.
  After line 16, insert:
  ' (3) 'Control' has the meaning given that term in ORS
60.825.'.
  In line 17, delete '(3)' and insert '(4)'.
  In line 19, delete '(4)' and insert '(5)'.
  In line 23, delete '(5)' and insert '(6)'.
  In line 27, delete '(6)' and insert '(7)'.
  After line 27, insert:
  ' (8) 'Subsidiary' means a person that directly, or indirectly
through one or more intermediaries, is controlled by, or is under
common control with, another person.'.
  In line 28, delete '(7)' and insert '(9)'.
  After line 44, insert:
  ' (B)(i) Controls the person that established the business
relationship; and
  ' (ii) Offers to the person that receives the electronic mail
message real estate, goods or services offered by the person that
established the business relationship;
  ' (C)(i) Is a subsidiary of the person that established the
business relationship;
  ' (ii) Shares the principal name of the person that established
the business relationship;
  ' (iii) Is located on the same premises as the person that
established the business relationship; and
  ' (iv) Offers to the person that receives the electronic mail
message real estate, goods or services offered by the person that
established the business relationship;'.
  In line 45, delete '(B)' and insert '(D)'.
  On page 3, line 2, delete '(C)' and insert '(E)'.
  On page 4, after line 17, insert:
  '  { +  SECTION 8. + }  { + Notwithstanding ORCP 32, a court
may not order an action to be maintained as a class action if the
action includes a claim under section 5 of this 2003 Act and the
person against which the claim is asserted had, at the time of
the transmission of the electronic mail message that forms the
basis of the claim, established a business relationship with the
person that received the message. + } ' .
  In line 18, delete '8' and insert '9'.
  After line 29, insert:
  '  { +  SECTION 10. + } ORS 646.607, as amended by section 9 of
this 2003 Act, is amended to read:
  ' 646.607. A person engages in an unlawful practice when in the
course of the person's business, vocation or occupation the
person:
  ' (1) Employs any unconscionable tactic in connection with
sale, rental or other disposition of real estate, goods or
services, or collection or enforcement of an obligation;
 { + or + }
  '  { - (2) Violates section 3 of this 2003 Act; or - }
  '  { - (3) - }   { + (2) + } Fails to deliver all or any
portion of real estate, goods or services as promised, and upon
request of the customer, fails to refund any money that has been
received from the customer that was for the purchase of the
undelivered real estate, goods or services and that is not
retained by the seller pursuant to any right, claim or defense
asserted in good faith.  This subsection does not create a
warranty obligation and does not apply to a dispute over the
quality of real estate, goods or services delivered to a
customer.'.
  In line 30, delete '9' and insert '11'.
  In line 31, delete 'the effective date of this 2003 Act ' and
insert 'March 1, 2004'.
  In line 32, delete '8' and insert '9'.
  In line 33, delete 'the effective date of this 2003 Act ' and
insert 'March 1, 2004'.
  After line 33, insert:
  '  { +  SECTION 12. + }  { + The amendments to ORS 646.607 by
section 10 of this 2003 Act become operative on January 2,
2006. + }
  '  { +  SECTION 13. + }  { + Sections 1 to 8 and 11 of this
2003 Act are repealed on January 2, 2006. + } ' .
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