75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2268
 
LC 866/HB 2268-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2268
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                            March 27
 
  On page 1 of the printed bill, delete lines 6 through 14 and
insert:
  ' (1)(a) 'Motor vehicle' means a self-propelled device, other
than a motor home, that is used:
  ' (A) To transport persons or property upon a public highway;
and
  ' (B) For personal, family or household purposes.
  ' (b) 'Motor vehicle' does not include a motor vehicle owned as
part of a fleet and maintained under the terms of a maintenance
contract.
  ' (2) 'Owner' means an individual who has legal authority or
apparent legal authority to make decisions concerning the
maintenance or repair of a motor vehicle.
  ' (3) 'Owner's designee' means an individual who received
permission in accordance with section 5 of this 2009 Act to make
decisions concerning the repair or maintenance of a motor
vehicle.
  ' (4)(a) 'Vehicle repair shop' means an individual,
corporation, partnership, limited liability company or other
business entity that in exchange for payment evaluates the
condition of, maintains or repairs a motor vehicle.
  ' (b) 'Vehicle repair shop' does not include a motor vehicle
body and frame repair shop, as defined in ORS 746.275.'.
  Delete lines 17 and 18 and insert 'vehicle repair shop not
later than before receiving final payment shall give a copy of
the estimate, either as a separate document or in the form of an
invoice, to the owner or the owner's designee. The vehicle repair
shop shall retain a copy of the estimate. The estimate, at a
minimum, must:'.
  In line 19, before 'nature' insert 'general' and after ' work'
insert a semicolon and delete the rest of the line and line 20.
  In line 22, delete the comma and insert a semicolon and after '
and' delete the rest of the line and lines 23 through 27.
  On page 2, delete lines 1 through 9 and insert:
  ' (c) List:
  ' (A) The estimated cost of labor and the parts or component
systems the vehicle repair shop proposes to replace;
  ' (B) The amount of any incidental charges; and
  ' (C) The total estimated cost, which may consist of a
reasonable range.'.
  In line 15, delete the comma and insert 'and' and before '
reassem-' insert 'a separate estimate of the cost for'.
  In line 16, delete 'motor vehicle'.
  In line 18, after the semicolon insert 'and'.
  Delete lines 19 through 22.
  In line 23, delete '(d)' and insert '(b)' and delete ' maximum'
and insert 'estimated' and delete 'motor'.
  In line 24, delete 'vehicle'.
  In line 25, after 'would' insert 'reasonably'.
 
  In line 26, before 'if' insert 'if all necessary parts are
available and' and after 'designee' insert ', on the day that the
owner or owner's designee receives the estimate,'.
  In line 27, after 'vehicle' insert a period and delete the rest
of the line and lines 28 through 45.
  On page 3, delete lines 1 through 9.
  In line 12, delete 'of a motor vehicle'.
  In line 13, delete '$100' and insert '$200'.
  In line 18, delete 'physical damage to'.
  In line 21, after 'task' insert 'or labor' and after the first
'part' delete the rest of the line and insert 'in a manner'.
  In line 22, delete 'quality or condition' and after ' task'
insert ', labor'.
  In line 24, delete '$100' and insert '$200'.
  Delete lines 25 through 32 and insert:
  ' (2) A vehicle repair shop shall obtain a separate
authorization from the owner or the owner's designee before
taking an action described in subsection (1) of this section.
After consulting with the owner or owner's designee, the vehicle
repair shop shall:
  ' (a) Cross out, remove from or otherwise indicate on the
estimate prepared under section 2 of this 2009 Act the work the
vehicle repair shop will not perform on the motor vehicle and
recalculate and display on the estimate the cost of work the
vehicle repair shop will perform before obtaining authorization
or assent from the owner or owner's designee; or
  ' (b) Prepare a new estimate in accordance with section 2 of
this 2009 Act and void the previous estimate before obtaining
authorization or assent from the owner or owner's designee.
  ' (3) The vehicle repair shop may obtain authorization or
assent by any of the following means:'.
  In line 39, delete 'facsimile or electronic mail' and insert
'facsimile, electronic mail or other electronic means'.
  In line 41, after 'mail' insert 'or other electronic'.
  In line 43, after 'mail' insert 'or other electronic'.
  On page 4, line 1, delete 'the vehicle repair shop does not
perform' and insert 'not performed'.
  In line 3, delete 'of the motor vehicle'.
  Delete lines 7 through 11 and insert:
  ' (c) Knowingly provide or install, without disclosing to the
owner or the owner's designee, a used or reconditioned part.'.
  In line 13, after 'Reassemble,' insert 'if all necessary parts
are available, approximately'.
  In line 17, delete 'three years' and insert 'one year'.
  In line 18, after 'Act' insert a period and delete the rest of
the line and lines 19 through 27 and insert:
  '  { +  SECTION 5. + }  { + (1) An owner may designate a person
as the owner's designee:
  ' (a) In writing, either on the estimate prepared under section
2 of this 2009 Act or by means of a separate document. The owner
shall sign a written designation made in accordance with this
paragraph. If the designation is a separate document, the vehicle
repair shop shall attach a copy of the document to the estimate.
  ' (b) Orally or by telephone. For a designation made in
accordance with this paragraph, the vehicle repair shop shall
note on the estimate the name and telephone number of the person
who made the designation, the name of the owner's designee and,
if the person made the designation by telephone, the date and
time of the call.
  ' (2) An owner may waive the authorization requirement set
forth in section 3 (2) of this 2009 Act only when the owner
receives an explanation of the authorization requirements and
signs a separate document directly under a statement that
conspicuously identifies the authorization requirement.
 
 
  ' (3) An owner may not designate a motor vehicle repair shop or
a principal, agent or employee of a motor vehicle repair shop as
the owner's designee.
  ' (4) For purposes of this section, a statement is conspicuous
if a reasonable person reading the separate document should have
noticed the statement. + } ' .
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