Bill Text: OR HB4071 | 2012 | Regular Session | Introduced
Bill Title: Relating to floral businesses; declaring an emergency.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4071 Detail]
Download: Oregon-2012-HB4071-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 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 15
House Bill 4071
Sponsored by Representative KOMP; Representatives DEMBROW, HOYLE,
KENY-GUYER, TOMEI (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 engaged in floral business operations to
disclose physical location of principal place of business in
written communications and advertisements.
Prohibits person engaged in floral business operations from
misrepresenting physical location of floral business.
Makes violation unlawful trade practice.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to floral businesses; creating new provisions; amending
ORS 646A.082; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 646A.082 is amended to read:
646A.082. { - (1) Any person engaging in floral retail sales
shall disclose the person's principal place of business in any
written communications sent to customers, listings, advertising
or websites that provide information about the person's floral
retail sales activities. - }
{ + (1) As used in this section:
(a) 'Advertisement' means any oral, written or graphic
statement or representation made by a person engaged in floral
business operations, regardless of the medium of communication,
for the purpose of inducing, directly or indirectly, the purchase
of floral products and services.
(b) 'Floral business operations' means business operations
directly or indirectly related to the retail sale, offer for
sale, marketing, distribution, order gathering and advertisement
of floral products and services that are purchased by residents
of this state.
(c) 'Floral products and services' means floral arrangements,
plant arrangements and related merchandise and services sold or
offered for sale.
(d) 'Local' or 'locally owned' means floral business operations
conducted in this state where the delivery of floral services and
products takes place within a 50-mile radius of the physical
location of the floral business.
(e) 'Person' has the meaning given that term in ORS 646.605.
(f) 'Physical location' or 'physically located' means the
physical presence of floral business operations as designated by
a post-office mailing address that is not a post office box.
(2)(a) A person engaged in floral business operations shall
disclose the physical location of the person's principal place of
business:
(A) In any written communication that provides information
about the person's floral business operations to a prospective or
existing customer in this state; and
(B) In any advertisement appearing in or on a medium listed in
subsection (3) of this section.
(b) When a person engaged in floral business operations makes
an advertisement on a website, the disclosure required by
paragraph (a) of this subsection must be made on the home page of
the website.
(3) A person engaged in floral business operations may not
misrepresent the physical location of the person's floral
business as local, as locally owned or as being physically
located in Oregon in any advertisement appearing in or on a
medium listed below:
(a) Telephone directory or other directory assistance database.
(b) Television.
(c) Radio.
(d) Newspaper, magazine, flyer, brochure or other print medium.
(e) Billboard, sign or poster.
(f) Facsimile.
(g) Electronic mail, text message or other electronic or
telephonic form of communication.
(h) The Internet and services available by means of the
Internet, including websites. As used in this paragraph, '
website' includes home pages, metatitles, landing pages,
sponsored link sections and any other aspect of a website used to
convey information.
(4) For purposes of subsection (3) of this section, a person
misrepresents the physical location of the person's floral
business if the floral business is not physically located in
Oregon and:
(a) The name of the floral business specified in the
advertisement is a fictitious or assumed business name that would
lead a reasonable consumer to conclude that the floral business
is physically located in Oregon;
(b) The advertisement uses the name of or any form of contact
information for another floral business that is physically
located in Oregon in such a manner that a reasonable consumer
would believe that the advertised floral business is physically
located in Oregon;
(c) Telephone calls to a telephone number listed in the
advertisement that a reasonable consumer would conclude is a
telephone number to contact the person at the physical location
of the person's floral business are routinely forwarded or
transferred to, or terminate in, a physical location that is
outside Oregon; or
(d) The advertisement would otherwise lead a reasonable
consumer to conclude that the floral business is physically
located in Oregon.
(5) For purposes of subsection (3) of this section, a person
misrepresents the physical location of the person's floral
business as being 'local' or 'locally owned' if the floral
business is physically located in Oregon but the person delivers
floral products and services outside a 50-mile radius of the
physical location of the floral business and:
(a) The name of the floral business specified in the
advertisement is a fictitious or assumed business name that would
lead a reasonable consumer to conclude that the floral business
is local or locally owned;
(b) The advertisement uses the name of, or any form of contact
information for, another floral business that is local or locally
owned in such a manner that a reasonable consumer would believe
that the advertised floral business is local or locally owned;
(c) Telephone calls to a telephone number listed in the
advertisement that a reasonable consumer would conclude is a
telephone number to contact the person at the physical location
of the person's floral business are routinely forwarded or
transferred to, or terminate in, a physical location that is
outside a 50-mile radius of the physical location of the floral
business; or
(d) The advertisement would otherwise lead a reasonable
consumer to conclude that the floral business is local or locally
owned.
(6) Subsection (3) of this section does not apply to a person
that:
(a)(A) Is engaged in floral business operations at a physical
location outside Oregon; and
(B) Discloses in a clear and conspicuous manner in the person's
advertisement, in such a manner that a reasonable consumer would
easily become aware of the disclosure, that the person is engaged
in floral business operations at a physical location outside
Oregon; or
(b)(A) Is engaged in floral business operations that are
physically located in Oregon;
(B) Delivers floral products and services outside a 50-mile
radius of the physical location of the floral business; and
(C) Discloses in a clear and conspicuous manner in the person's
advertisement, in such a manner that a reasonable consumer would
easily become aware of the disclosure, that the person is engaged
in floral business operations outside a 50-mile radius of the
physical location of the floral business. + }
{ - (2) - } { + (7) + } A person who violates
{ - subsection (1) - } { + subsection (2) or (3) + } of this
section commits an unlawful practice under ORS 646.608. The
{ - requirement under subsection (1) of this section is - }
{ + requirements under subsections (2) and (3) of this section
are + } subject to enforcement and penalty as provided under ORS
646.605 to 646.652.
SECTION 2. { + (1) The amendments to ORS 646A.082 by section 1
of this 2012 Act apply to persons engaged in floral business
operations on or after the effective date of this 2012 Act.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 646A.082 by section 1 of this 2012 Act do not
affect a contract made before the effective date of this 2012
Act. However, the amendments to ORS 646A.082 by section 1 of
this 2012 Act apply to a renewal, modification or extension of an
existing contract, and to a new contract, made on or after the
effective date of this 2012 Act. + }
SECTION 3. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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