Bill Text: OR HB2059 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to sales.

Spectrum: Committee Bill

Status: (Passed) 2013-06-26 - Chapter 493, (2013 Laws): Effective date January 1, 2014. [HB2059 Detail]

Download: Oregon-2013-HB2059-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2059

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on General
  Government and Consumer Protection)

                     CHAPTER ................

                             AN ACT

Relating to sales; creating new provisions; and amending ORS
  646.608, 698.635, 698.640 and 698.650.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 698.635 is amended to read:
  698.635. As used in ORS 698.640 and 698.650:
  (1) 'Auction' or 'auction sale' means   { - the - }   { + a + }
sale of or  { +  an + } offer to sell real or personal property
 { - by public outcry or - } to the highest   { - bidders - }
 { +  bidder + }.
  (2) 'Auctioneer' means   { - any - }  { +  a + } person who
sells or offers to sell property at auction, either on the
person's own behalf or for another person.
  (3) 'Auction mart' means   { - any - }  { +  a + } fixed or
established place designed, intended or used   { - for the
conduct of - }  { +  to conduct + } auction sales where more than
one sale has   { - been held in any one - }  { +  occurred during
a + } calendar year.
   { +  (4) 'Consignee' means a person to whom another person
offers, gives or entrusts personal property with the expectation
that the person will sell the personal property in a manner other
than at an auction sale and compensate the other person from the
proceeds of the sale.
  (5) 'Consignment sale' means a sale of personal property, or a
display of personal property for the purpose of selling the
personal property, that a consignee conducts in public or with
members of the public other than at a public auction. + }
  SECTION 2. ORS 698.640 is amended to read:
  698.640.  { + (1) + } Except as provided in ORS 698.650
 { - , - }  { + : + }
   { +  (a) + } This section establishes requirements for auction
sales,  { +  consignment sales, + } auctioneers { + ,
consignees + } and auction marts.   { - The requirements under
this section are in addition to any provisions relating to
auctions under ORS 72.3280. - }  { +
  (b) + } A person who violates   { - any - }  { +  a + }
requirement under this section commits an unlawful practice as
described in ORS 646.608 (1)(v)  { - . The requirements under
this section are - }  { +  that is + } subject to enforcement and
penalty as provided under ORS 646.605 to 646.652.

Enrolled House Bill 2059 (HB 2059-A)                       Page 1

   { +  (c) The requirements of this section are in addition to
the provisions of ORS 72.3280 that relate to auctions and in
addition to other provisions of law that govern consignment
sales.
  (2) + } The following requirements   { - are established
for - }  { +  apply to + } auction sales, { +  consignment
sales, + } auctioneers { + , consignees + } and auction marts as
described:
    { - (1) Any - }  { +  (a) An + } advertisement of an auction
sale { +  or consignment sale + }   { - shall - }  { +  must + }
include the name of the auctioneer who will conduct the auction
sale or the person responsible for
  { - the conduct of - }  { +  conducting + } the auction
sale { +  or consignment sale + }.
    { - (2) - }  { +  (b) + } An auctioneer { + , + }   { - and
the operator of an - }  auction mart   { - shall - }  { +
operator or consignee may + } not use any method of bidding at an
auction { +  or selling at a consignment sale + } that will
allow { +  the auctioneer, auction mart operator or consignee to
purchase + } property   { - to be purchased - }  in an
undisclosed manner on
  { - behalf of the auctioneer or auction mart operator - }  { +
the auctioneer's, auction mart operator's or consignee's own
behalf + }.
    { - (3) - }  { +  (c) + } An auctioneer { + , + }
 { - or - }  auction mart operator   { - shall - }  { + or
consignee may + } not use   { - any - }  { +  a + } method of
bidding at an auction  { +  or selling at a consignment sale + }
that allows the auctioneer { + , + }   { - or - } auction mart
operator { +  or consignee + } to avoid selling   { - any - }
property offered for sale at auction { +  or at a consignment
sale + }.
    { - (4) - }  { +  (d) + } An auctioneer { + , + }
 { - or - }  auction mart operator   { - shall - }  { + or
consignee may + } not employ or use another person to act as a
bidder or buyer at the auction { +  or consignment sale + } on
behalf of the auctioneer { + , + }   { - or operator of the - }
auction mart { +  operator or consignee + }.
    { - (5) Any time an auctioneer or auction mart operator
receives money that is owed to clients of the auctioneer or
auction mart operator from the sale of the client's goods, the
auctioneer or auction mart operator must comply with all of the
following if the money is not immediately paid to the client at
the time of auction: - }
    { - (a) Any such money maintained in an account must be kept
in a trust account where the money is held in trust for the
client and identified and accounted for separately in a manner
that will allow the money to be distinguished from the moneys of
the auctioneer or operator that are subject to the debts of the
auctioneer or operator. The account required by this paragraph
must be separate from any account used by the auctioneer or
operator for personal reasons or other business reasons. - }
    { - (b) The client has a right to an accounting from the
auctioneer or auction mart operator for any money that the
auctioneer or auction mart operator received in payment for the
client's goods that is not paid to the client. - }
    { - (c) The auctioneer or auction mart operator must pay the
client the money owed to the client before the end of 21 calendar
days after the auction at which the client's goods were sold

Enrolled House Bill 2059 (HB 2059-A)                       Page 2

unless the parties have mutually agreed to another time of
payment in writing. - }
   { +  (e) If an auctioneer, auction mart operator or consignee
does not immediately pay moneys that the auctioneer, auction mart
operator or consignee owes to a person after selling real or
personal property that the person offered, gave or entrusted to
the auctioneer, auction mart operator or consignee to sell on the
person's behalf at auction or at a consignment sale, the
auctioneer, auction mart operator or consignee shall:
  (A) Maintain the moneys in trust for the person in a trust
account that is separate from any account that the auctioneer,
auction mart operator or consignee uses for personal reasons or
other business reasons, and identify and account for the moneys
so that the moneys may be distinguished from moneys that are
subject to the auctioneer's, auction mart operator's or
consignee's other debts;
  (B) Account to the person for all moneys the auctioneer,
auction mart operator or consignee receives in payment for the
person's real or personal property;
  (C) Pay the moneys the auctioneer, auction mart operator or
consignee owes to the person within 21 calendar days after the
date of the auction or the consignment sale at which the
auctioneer, auction mart operator or consignee sold the person's
real or personal property, unless the person and the auctioneer,
auction mart operator or consignee have mutually agreed in
writing to payment on a different date; and
  (D) Return the person's unsold property within 21 calendar days
after the auction or consignment sale unless the parties have
mutually agreed in writing to another date. + }
  SECTION 3. ORS 698.650 is amended to read:
  698.650.   { - This section establishes exemptions from the
requirements for auctions, auction marts and auctioneers
established under ORS 698.640. The exemptions are as described in
the following - }  { +  ORS 698.640 does not apply to + }:
  (1)   { - Nothing in ORS 698.640 applies to any - }  { +
An + } auction, auctioneer or auction mart regulated under ORS
chapter 599.
  (2)   { - Nothing in ORS 698.640 applies to - }  The sale of
timber at
  { - any - }  { +  an + } auction or auction mart or by
 { - any - }  { +  an + } auctioneer. In addition, the sale of
timber at auction is with reserve unless the timber is in
explicit terms put up without reserve.
   { +  (3) A transaction that is described or regulated under
ORS 359.200 to 359.255, 446.751, 585.010 to 585.220, 622.160,
650.120 to 650.170 or 822.060.
  (4) An estate sale conducted under the authority of a court, or
in accordance with procedures specified in ORS chapter 113, if
the provisions of ORS 698.640 conflict with orders of the court
or procedures set forth in ORS chapter 113.
  (5) A going out of business sale regulated under ORS 646A.100
to 646A.110. + }
  SECTION 4. ORS 646.608, as amended by section 6, chapter 52,
Oregon Laws 2012, is amended to read:
  646.608. (1) A person engages in an unlawful practice
 { - when - }  { +  if + } in the course of the person's
business, vocation or occupation the person does any of the
following:

Enrolled House Bill 2059 (HB 2059-A)                       Page 3

  (a) Passes off real estate, goods or services as
 { - those - }  { +  the real estate, goods or services + } 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 - }  { +  the
real estate, goods or services + } 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 - }  { +  the real estate or goods + } 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 - }  { +
the real estate, goods or services + } 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 - }  { +  the real estate, goods or
services + } 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 - }  { +  if + } the owner or
apparent owner
  { - thereof - }  { +  of the goods or real estate does not
authorize the service or dismantling + }.
  (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

Enrolled House Bill 2059 (HB 2059-A)                       Page 4

person, if earning the rebate, discount or other value is
contingent upon
  { - occurrence of - }  an event   { - subsequent to - }  { +
occurring after + } 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 - }
 { +  the real estate, goods or services + } 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,
 { +  consignment sales, + } auctioneers { + , consignees + } 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 646A.070 (1).
  (cc) Violates any requirement of ORS 646A.030 to 646A.040.
  (dd) Violates the provisions of ORS 128.801 to 128.898.
  (ee) Violates ORS 646.883 or 646.885.
  (ff) Violates ORS 646.569.
  (gg) Violates the provisions of ORS 646A.142.
  (hh) Violates ORS 646A.360.
  (ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  (jj) Violates ORS 646.563.
  (kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
  (LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  (mm) Violates ORS 646A.210 or 646A.214.
  (nn) Violates any provision of ORS 646A.124 to 646A.134.

Enrolled House Bill 2059 (HB 2059-A)                       Page 5

  (oo) Violates ORS 646A.095.
  (pp) Violates ORS 822.046.
  (qq) Violates ORS 128.001.
  (rr) Violates ORS 646.649 (2) to (4).
  (ss) Violates ORS 646A.090 (2) to (4).
  (tt) Violates ORS 87.686.
  (uu) Violates ORS 646.651.
  (vv) Violates ORS 646A.362.
  (ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
  (xx) Violates ORS 180.440 (1) or 180.486 (1).
  (yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
  (zz) Violates ORS 87.007 (2) or (3).
  (aaa) Violates ORS 92.405 (1), (2) or (3).
  (bbb) Engages in an unlawful practice under ORS 646.648.
  (ccc) Violates ORS 646A.365.
  (ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
  (eee) Sells a gift card in violation of ORS 646A.276.
  (fff) Violates ORS 646A.102, 646A.106 or 646A.108.
  (ggg) Violates ORS 646A.430 to 646A.450.
  (hhh) Violates a provision of ORS 744.318 to 744.384, 744.991
and 744.992.
  (iii) Violates a provision of ORS 646A.702 to 646A.720.
  (jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
  (kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
  (LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
  (mmm) Violates a provision of ORS 646A.480 to 646A.495.
  (nnn) Violates ORS 646A.082.
  (ooo) Violates ORS 646.647.
  (ppp) Violates ORS 646A.115.
  (qqq) Violates a provision of ORS 646A.405.
  (rrr) Violates ORS 646A.092.
  (sss) Violates a provision of ORS 646.644.
  (ttt) Violates a provision of ORS 646A.295.
  (uuu) Violates section 3, chapter 52, Oregon Laws 2012.
  (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)(xx)
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.

Enrolled House Bill 2059 (HB 2059-A)                       Page 6

  SECTION 5.  { + If House Bill 2573 becomes law, section 4 of
this 2013 Act (amending ORS 646.608) is repealed and ORS 646.608,
as amended by section 6, chapter 52, Oregon Laws 2012, and
section 1, chapter 77, Oregon Laws 2013 (Enrolled House Bill
2573), is amended to read: + }
  646.608. (1) A person engages in an unlawful practice
 { - when - }  { +  if + } 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 - }  { +  the real estate, goods or services + } 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 the real estate, goods or
services 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
the real estate or goods 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 the real
estate { + , + }   { - or - } goods  { + or services + } are of
another   { - style or model - } .
  (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 the real estate, goods or services 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 - }   { + if + } the owner or apparent owner of the
goods or real estate does not authorize the service or
dismantling.
  (n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.

Enrolled House Bill 2059 (HB 2059-A)                       Page 7

  (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 an event occurring after 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 the real
estate, goods or services 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,
 { +  consignment sales, + } auctioneers { + , consignees + } 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 646A.070 (1).
  (cc) Violates any requirement of ORS 646A.030 to 646A.040.
  (dd) Violates the provisions of ORS 128.801 to 128.898.
  (ee) Violates ORS 646.883 or 646.885.
  (ff) Violates ORS 646.569.
  (gg) Violates the provisions of ORS 646A.142.
  (hh) Violates ORS 646A.360.
  (ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
  (jj) Violates ORS 646.563.
  (kk) Violates ORS 759.690 or any rule adopted pursuant thereto.

Enrolled House Bill 2059 (HB 2059-A)                       Page 8

  (LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
  (mm) Violates ORS 646A.210 or 646A.214.
  (nn) Violates any provision of ORS 646A.124 to 646A.134.
  (oo) Violates ORS 646A.095.
  (pp) Violates ORS 822.046.
  (qq) Violates ORS 128.001.
  (rr) Violates ORS 646.649 (2) to (4).
  (ss) Violates ORS 646A.090 (2) to (4).
  (tt) Violates ORS 87.686.
  (uu) Violates ORS 646.651.
  (vv) Violates ORS 646A.362.
  (ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
  (xx) Violates ORS 180.440 (1) or 180.486 (1).
  (yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
  (zz) Violates ORS 87.007 (2) or (3).
  (aaa) Violates ORS 92.405 (1), (2) or (3).
  (bbb) Engages in an unlawful practice under ORS 646.648.
  (ccc) Violates ORS 646A.365.
  (ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
  (eee) Sells a gift card in violation of ORS 646A.276.
  (fff) Violates ORS 646A.102, 646A.106 or 646A.108.
  (ggg) Violates ORS 646A.430 to 646A.450.
  (hhh) Violates a provision of ORS 744.318 to 744.384.
  (iii) Violates a provision of ORS 646A.702 to 646A.720.
  (jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
  (kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
  (LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
  (mmm) Violates a provision of ORS 646A.480 to 646A.495.
  (nnn) Violates ORS 646A.082.
  (ooo) Violates ORS 646.647.
  (ppp) Violates ORS 646A.115.
  (qqq) Violates a provision of ORS 646A.405.
  (rrr) Violates ORS 646A.092.
  (sss) Violates a provision of ORS 646.644.
  (ttt) Violates a provision of ORS 646A.295.
  (uuu) Violates section 3, chapter 52, Oregon Laws 2012.
  (vvv) Engages in the business of, or acts in the capacity of,
an immigration consultant, as defined in ORS 9.280, in this state
and for compensation, unless federal law authorizes the person to
do so or unless the person is an active member of the Oregon
State Bar.
  (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

Enrolled House Bill 2059 (HB 2059-A)                       Page 9

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)(xx)
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 6.  { + The amendments to ORS 646.608, 698.635, 698.640
and 698.650 by sections 1 to 4 of this 2013 Act apply to auction
sales and consignment sales that occur on or after the effective
date of this 2013 Act. + }
  SECTION 7. If House Bill 2573 becomes law, section 6 of this
2013 Act is amended to read:
   { +  Sec. 6. + } The amendments to ORS 646.608, 698.635,
698.640 and 698.650 by sections 1 to   { - 4 - }   { + 3 and
5 + } of this 2013 Act apply to auction sales and consignment
sales that occur on or after the effective date of this 2013 Act.
  SECTION 8.  { + If House Bill 3160 becomes law, sections 5
(amending ORS 646.608) and 7 (amending section 6 of this 2013
Act) of this 2013 Act are repealed. + }
                         ----------

Passed by House March 4, 2013

Repassed by House June 14, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 12, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2059 (HB 2059-A)                      Page 10

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2059 (HB 2059-A)                      Page 11