74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1089
Senate Bill 383
Sponsored by Senator WALKER (at the request of Randy Gurchin)
(Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires person that operates service station, business or
other place for purpose of retailing and delivering gasoline,
diesel or other fuel into tanks of motor vehicles to sell only in
whole cents. Prescribes method for rounding wholesale prices set
in fractions of cents. Requires display of certain information in
signs visible from street. Makes violation of pricing provisions
unlawful trade practice.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to motor vehicle fuel prices; creating new provisions;
amending ORS 646.608 and 646.930; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 646.930 is amended to read:
646.930. (1) A person { - who - } { + that + } operates a
service station, business or other place for the purpose of
retailing and delivering gasoline, diesel or other fuel into the
tanks of motor vehicles { + shall sell the gasoline, diesel or
other fuel at a price denominated only in whole cents per unit of
measurement and shall display the price only in whole cents on
any dispensing device used for delivering the fuel. If the
wholesale price per unit of measurement includes a fraction of a
cent, the person shall round the retail price to the nearest
whole cent so that a price above and including 0.5 of a cent
becomes the next highest whole cent and a price below 0.5 of a
cent becomes the next lowest whole cent.
(2) A person that operates a service station, business or other
place for the purpose of retailing and delivering gasoline,
diesel or other fuel into the tanks of motor vehicles + }may
display on a sign visible from the street the lowest cash prices
charged for the sale of all grades of gasoline, diesel or other
fuel.
{ - (2) - } { + (3) + } The following apply to a sign
displaying prices under this section:
{ + (a) The price per unit of measurement shall be displayed
only in whole cents. + }
{ - (a) - } { + (b) + } The price per unit of measurement
and the unit of measurement for a particular kind of fuel must be
the same on the sign as on any dispensing device used for
delivering that kind of fuel into the tanks of motor vehicles.
{ - (b) - } { + (c) + } If a cash price displayed on a sign
is available only under some conditions, the sign and the
dispensing device must clearly state the conditions.
{ - (c) - } { + (d) + } If a price displayed on a sign is
available only in a certain area of the service station or
business, the area where the price displayed is available must be
clearly identified.
{ + (4) A person that displays a fuel price in accordance
with subsection (3) of this section shall also state on a sign
visible from the street that all fuel prices are displayed in
whole cents. + }
{ - (3) - } { + (5) + } A person { - who - }
{ + that + } displays a cash price that is available only under
some conditions may not require, as a condition of buying fuel at
the displayed price, that the buyer fill the fuel tank of the
buyer's vehicle.
{ + (6) The Department of Justice may adopt rules necessary
to implement and enforce this section. + }
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) 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 (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.
(aaa) Violates ORS 180.440 (1).
(bbb) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(ccc) Violates ORS 87.007 (2) or (3).
(ddd) Violates ORS 92.405 (1), (2) or (3).
(eee) Engages in an unlawful practice under ORS 646.648.
{ + (fff) Violates a provision of ORS 646.930. + }
(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) An action or suit may not 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
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection
(1)(aaa) of this section by a person other than a prosecuting
attorney, relief is limited to an injunction and the prevailing
party may be awarded reasonable attorney fees.
SECTION 3. { + The Department of Justice may take any action
before January 1, 2008, that is necessary to enable the
department to exercise, on and after January 1, 2008, all the
duties, functions and powers conferred on the department by the
amendments to ORS 646.930 by section 1 of this 2007 Act. + }
SECTION 4. { + The amendments to ORS 646.608 and 646.930 by
sections 1 and 2 of this 2007 Act apply to all retail sales of
gasoline, diesel and other motor vehicle fuel on or after January
1, 2008. + }
SECTION 5. { + The amendments to ORS 646.608 and 646.930 by
sections 1 and 2 of this 2007 Act become operative January 1,
2008. + }
SECTION 6. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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