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 1550
 
                           A-Engrossed
 
                         Senate Bill 431
                   Ordered by the Senate May 8
             Including Senate Amendments dated May 8
 
Sponsored by Senator GORDLY
 
 
                             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.
 
    { - Prohibits certain business practices and requires other
business practices by towers of motor vehicles. Authorizes
Attorney General to adopt rules to implement prohibitions and
requirements. - }
    { - Authorizes enforcement of violation of certain business
practices as unlawful trade practices. - }
    { - Makes violation of certain business practices grounds for
loss or suspension of towing business certificate. - }
    { - Modifies procedure for towing motor vehicle from private
property without prior approval or authorization of owner of
motor vehicle. - }
   { +  Prohibits landlord from having motor vehicle removed from
premises without notice to tenant who owns or operates vehicle
except under specified circumstances.
  Provides that landlord who has ongoing arrangement with towing
business for vehicle removal services must provide tenant with
certain information not later than beginning date of tenancy,
enter into written agreement with tenant and provide tenant with
device to display on vehicle to prevent removal of vehicle.
Provides that landlord may have vehicle removed if vehicle is
parked without device displayed.
  Defines ongoing arrangement with towing business.
  Prohibits removal of inoperable vehicle without 72-hour notice.
Prohibits removal of vehicle because vehicle's registration has
expired or is otherwise invalid. + }
 
                        A BILL FOR AN ACT
Relating to involuntary towing of motor vehicles.
Be It Enacted by the People of the State of Oregon:
  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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