74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 431
 
LC 1550/SB 431-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 431
 
                    By COMMITTEE ON COMMERCE
 
                              May 8
 
  On page 1 of the printed bill, line 2, after 'vehicles ' insert
a period and delete the rest of the line and delete line 3.
  Delete lines 5 through 28 and delete pages 2 through 10 and
insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2007 Act is added
to and made a part of ORS chapter 90. + }
  '  { +  SECTION 2. + }  { + (1) Except as provided in
subsection (2) of this section and in ORS 90.425 regarding
abandoned vehicles, a landlord may not have a motor vehicle
removed from the premises without notice to the tenant who owns
or operates the vehicle unless the vehicle:
  ' (a) Blocks or prevents access by emergency vehicles.
  ' (b) Blocks or prevents entry to the premises.
  ' (c) Violates posted parking restrictions.
  ' (d) Blocks or is unlawfully parked in a space reserved for
persons with disabilities.
  ' (e) Is parked in an area not designated for parking.
  ' (2)(a) A landlord who has an ongoing arrangement with a
towing business for vehicle removal services on the premises may
not have a vehicle removed from the premises without notice to
the tenant who owns or operates the vehicle unless the landlord:
  ' (A) Provides the tenant with written information prominently
stating the towing business name and contact information no later
than the beginning date for the tenancy;
  ' (B) Enters into a written agreement with the tenant that
notifies the tenant of the landlord's ability to have a motor
vehicle removed from the premises without notice to the owner or
operator; and
  ' (C) Provides the tenant with a removable tag, sticker or
other device to display, as specified by the landlord, on a motor
vehicle to prevent a tower from removing the vehicle.
  ' (b) A landlord may have a motor vehicle removed without
notice to the tenant who owns or operates the vehicle under this
subsection only if the vehicle is parked without the required
parking tag, sticker or other device displayed as provided in
paragraph (a)(C) of this subsection.
  ' (c) For purposes of paragraph (a) of this subsection, a
landlord has an ongoing arrangement with a towing business if:
  ' (A) The premises are posted with signs that warn of the
possibility of vehicle removal and display the name or contact
information of the towing business; or
  ' (B) The landlord and the towing business have a written
agreement for the business to provide vehicle removal services on
the premises.
  ' (3) A landlord may have an inoperable, but otherwise legally
parked, motor vehicle removed from the premises if the landlord
affixes a notice to the vehicle stating that the vehicle will be
towed if it is not removed or otherwise brought into compliance
with the rental agreement. The notice required by this subsection
 
must remain on the vehicle for 72 hours before the vehicle may be
removed.
  ' (4) A landlord may not have a motor vehicle removed under
this section because the vehicle's registration has expired or is
otherwise invalid.
  ' (5) This section does not apply to landlords of manufactured
dwellings or floating homes.
  ' (6) Nothing in this section affects the obligations imposed
on landlords who are owners of parking facilities as defined in
ORS 98.805. + } ' .
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