75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2367
B-Engrossed
House Bill 2739
Ordered by the Senate June 3
Including House Amendments dated May 1 and Senate Amendments
dated
June 3
Sponsored by Representative ESQUIVEL
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.
Modifies motor vehicle inventory for which dealer may be
allowed fair and reasonable compensation upon termination,
cancellation, nonrenewal or discontinuance of franchise.
Increases amount of damage to new motor vehicle requiring
disclosure to prospective purchaser.
{ + Requires manufacturer, distributor or importer of motor
vehicles to provide motor vehicle dealership, when manufacturer,
distributor or importer discontinues that dealer's franchise as
result of bankruptcy, with reasons why that dealer's franchise
was discontinued instead of another dealer's franchise.
Allows former dealer to enjoin manufacturer, distributor or
importer from franchising additional or replacement motor vehicle
dealership or relocating existing motor vehicle dealership within
former dealer's relevant market area for good cause. Allows
dealer and former dealer to enjoin manufacturer's, distributor's
or importer's successor in interest. Specifies remedy for
enjoinment.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to motor vehicle dealerships; creating new provisions;
amending ORS 650.120, 650.140, 650.145, 650.150 and 650.155;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 650.145 is amended to read:
650.145. (1) As used in subsection (2) of this section, ' fair
and reasonable compensation' means the amount originally paid by
the dealer minus any incentive payments, model close-out
allowances or any other programs applicable to the vehicles.
(2) Upon the termination, cancellation, nonrenewal or
discontinuance of any franchise, the dealer shall be allowed fair
and reasonable compensation by the manufacturer, distributor or
importer for the following:
(a) All new { - current model year - } { + vehicles
manufactured in the current calendar year and any subsequent
calendar year in the + } motor vehicle inventory { - with a
gross vehicle weight rating of less than 8,500 pounds - }
purchased from the manufacturer, distributor or importer that
{ - has - } { + have + } not been materially altered,
substantially damaged or driven for more than 300 miles;
(b) All new { + vehicles in the + } motor vehicle inventory
that
{ - has - } { + have + } not been materially altered or
substantially damaged, provided that the vehicles:
(A) If motor vehicles with a gross vehicle weight rating of
less than 8,500 pounds, were not driven for more than 300 miles,
were purchased directly from the manufacturer, distributor or
importer within 120 days of the effective date of the
termination, cancellation, nonrenewal or discontinuance and were
either paid for or drafted on the dealer's financing source; or
(B) If motor vehicles with a gross vehicle weight rating of
8,500 pounds or more, were not driven more than { - 4,000 - }
{ + 3,500 + } miles, were purchased directly from the
manufacturer, distributor or importer within one year of the
effective date of the termination, cancellation, nonrenewal or
discontinuance and were either paid for or drafted on the
dealer's financing source;
(c) Supplies and parts inventory purchased from the
manufacturer, distributor or importer and listed in the
manufacturer's, distributor's or importer's current parts
catalog;
(d) Equipment, furnishings and signs purchased from the
manufacturer, distributor or importer and required by the
manufacturer, distributor or importer that have not been
materially altered, or substantially damaged or depreciated over
50 percent of the original value; and
(e) Special tools purchased from the manufacturer, distributor
or importer within three years of the date of termination,
cancellation, nonrenewal or discontinuance and required by the
manufacturer that have not been materially altered, or
substantially damaged or depreciated over 50 percent of the
original value.
(3) Nothing in this section is intended to modify the
manufacturer's, distributor's or importer's contractual right of
setoff.
(4) Upon the termination, cancellation, nonrenewal or
discontinuance of a franchise, the manufacturer, distributor or
importer shall also pay to the dealer a sum equal to the current,
fair rental value of the dealer's established place of business
for a period of one year from the effective date of termination,
cancellation, nonrenewal or discontinuance or the remaining
period of any lease, whichever is less.
(5) Subsection (4) of this section shall apply only to the
extent that the dealer's established place of business is used
for performance of sales and service obligations under the
manufacturer's, distributor's or importer's franchise agreement.
(6) In the event that termination is by the dealer, the payment
required by subsection (4) of this section is not required.
(7) This section shall not relieve a new motor vehicle dealer,
lessor or other owner of an established place of business from
the obligation of mitigating damages.
SECTION 2. ORS 650.155 is amended to read:
650.155. (1) Notwithstanding the terms of any franchise, the
manufacturer is liable for any and all damage to new motor
vehicles before delivery to a carrier or transporter.
(2) Whenever a new motor vehicle is damaged in transit, the
dealer shall:
(a) Notify the manufacturer of the damage within three business
days from the date of delivery to the dealer or within any
additional time as specified in the franchise; and
(b) Request from the manufacturer authorization to replace the
components, parts and accessories damaged or to otherwise repair
the damage.
(3) If the manufacturer refuses or fails to authorize repair of
any damage within 10 days after receipt of notification under
subsection (2) of this section, or within any additional time as
specified in the franchise, ownership of the new motor vehicle
shall revert to the manufacturer, and the new motor vehicle
dealer shall have no obligation, financial or otherwise, with
respect to the motor vehicle.
(4) A manufacturer shall disclose in writing to a dealer, at
the time of delivery of a new motor vehicle, the nature and
extent of any and all damage and post-manufacturing repairs.
(5) If the total value of repairs to a new motor vehicle by the
manufacturer's authorized agent and a dealer equals or exceeds
the amount specified under subsection (6) of this section, the
manufacturer may either repurchase the motor vehicle from the
dealer, or provide reasonable and adequate compensation to the
dealer to assist in sale or disposition of the new motor vehicle,
as long as the dealer has complied with all other contractual
agreements with regard to damaged vehicles. If the manufacturer
repurchases the motor vehicle, the dealer shall have no
obligation, financial or otherwise, with respect to the motor
vehicle.
(6) A dealer shall disclose, in writing, to a purchaser of the
new motor vehicle prior to entering into a sales contract that
the new motor vehicle has been damaged and repaired if the damage
to the new motor vehicle exceeds { - $500 - } { + $1,000 + },
as calculated at the rate of the dealer's authorized warranty
rate for labor and parts. Replacement of glass, tires, bumpers or
any comparable nonwelded component is not considered damage and
repair for purposes of this section. For purposes of this
subsection, ' comparable nonwelded component' does not include a
fender, hood, trunk lid or door.
SECTION 3. ORS 650.120 is amended to read:
650.120. For the purposes of ORS 650.120 to 650.170:
(1) 'Dealer' means any person who has been issued a vehicle
dealer certificate under ORS 822.020 and pursuant to a franchise
from a manufacturer, distributor or importer engages in buying,
selling, leasing or exchanging new motor vehicles.
(2) 'Dealership' means the location from which a dealer buys,
sells, leases, trades, stores, takes on consignment or in any
other manner deals in new motor vehicles.
(3) 'Distributor' means a person who sells or distributes motor
vehicles other than motor homes to motor vehicle dealers.
(4) 'Fleet owner' means a person in this state who at one time
buys or leases for use in a business:
(a) 15 or more motor vehicles with a gross vehicle weight
rating of less than 8,500 pounds; or
(b) 50 or more vehicles with a gross vehicle weight rating of
8,500 pounds or more.
(5) 'Franchise' means a contract or agreement under which:
(a) The franchisee is granted the right to sell, lease and
exchange new motor vehicles manufactured, distributed or imported
by the franchisor;
(b) The franchise is an independent business operating as a
component of a distribution or marketing system prescribed in
substantial part by the franchisor;
(c) The franchisee's business is substantially associated with
the trademark, trade name, commercial symbol or advertisements
designating the franchisor or the products distributed by the
franchisor;
(d) The franchisee's business is substantially reliant on the
franchisor for a continued supply of motor vehicles, parts and
accessories;
(e) The franchisee is granted the right to perform warranty
repairs authorized by the franchisor; and
(f) The franchisee is granted the right to sell, install and
exchange parts, equipment and accessories manufactured,
distributed or imported by the franchisor for use in or on motor
vehicles.
(6) 'Franchisee' means a dealer to whom a franchise is granted.
(7) 'Franchisor' means a manufacturer, distributor or importer
who grants a franchise to a dealer.
(8) 'Importer' means a person who transports or arranges for
the transportation of any foreign manufactured new motor vehicle
into the United States for sale in this state.
(9) 'Manufacturer' means a person who manufactures or assembles
motor vehicles or who manufactures or installs on previously
assembled truck chassis special bodies or equipment, other than
motor homes, that when installed forms an integral part of the
motor vehicle and constitutes a major manufacturing alteration
and which completed unit is owned by the manufacturer.
(10) 'Manufacturer's suggested retail price' means the retail
price of the new motor vehicle suggested by the manufacturer,
including the retail delivered price suggested by the
manufacturer for each accessory or item of optional equipment
physically attached to the new motor vehicle at the time of
delivery to the dealer that is not included within the retail
price suggested by the manufacturer for the new motor vehicle
without the accessory or optional equipment.
(11) 'Motor home' means a motor vehicle that is designed to
provide temporary living quarters and is built into an integral
part of, or is permanently attached to, a self-propelled motor
vehicle chassis or van. The vehicle must contain permanently
installed independent life support systems and provide at least
four of the following facilities:
(a) Cooking;
(b) Refrigeration or ice box;
(c) Self-contained toilet;
(d) Heating or air conditioning;
(e) A potable water supply system including a faucet and sink;
or
(f) A separate 110-120 volt electrical power supply or liquid
petroleum gas supply.
(12) 'Motor vehicle' means:
(a) A self-propelled device, other than a motor home, used:
(A) For transportation of persons or property upon a public
highway; or
(B) In construction; or
(b) A trailer with a gross vehicle weight rating of 20,000
pounds or more that is used for commercial transportation on a
public highway.
{ + (13) 'Predecessor in interest' means a manufacturer,
distributor or importer that transferred to another manufacturer,
distributor or importer, whether through sale or other means, the
right to manufacture, distribute or import motor vehicles using
the manufacturer's, distributor's or importer's trademark,
service mark, trade name, logotype or other commercial
symbol. + }
{ - (13) - } { + (14) + } 'Qualified vendor' means a person
with a contract or agreement to sell goods or services to a
manufacturer, distributor or importer.
{ - (14) - } { + (15) + } 'Relevant market area' means:
(a) For a dealer primarily of motor vehicles with a gross
vehicle weight rating of less than 8,500 pounds, a circular area
around an existing dealership of:
(A) Not less than a 10-mile radius from the dealership site;
(B) Not less than a 15-mile radius from the dealership site if
the population is less than 250,000 within a 10-mile radius from
the existing dealership and 150,000 or more within a 15-mile
radius from the existing dealership;
(C) Not less than a 20-mile radius from the dealership site if
the population is less than 150,000 within a 15-mile radius from
the existing dealership; or
(D) The area of sales and service responsibility determined
under the franchise agreement if the area is larger than the
areas provided for in this paragraph.
(b) For a dealer primarily of motor vehicles with a gross
vehicle weight rating of 8,500 pounds or more, a circular area
around an existing dealership of:
(A) Not less than a 25-mile radius from the dealership site; or
(B) The area of sales and service responsibility determined
under the franchise agreement if the area is larger than the area
provided for in subparagraph (A) of this paragraph.
{ - (15) - } { + (16) + } 'Replacement dealer' means any
person who, at a dealership where the former dealer was
franchised by the same manufacturer, distributor or importer,
{ + or the manufacturer's, distributor's or importer's
predecessor in interest, + } has been issued a vehicle dealer
certificate under ORS 822.020 and pursuant to a franchise from a
manufacturer, distributor or importer { + , or the
manufacturer's, distributor's or importer's predecessor in
interest, + } engages in buying, selling, leasing or exchanging
new motor vehicles.
{ + (17) 'Successor in interest' means a manufacturer,
distributor or importer that acquires, whether through purchase,
transfer or other means, the right to manufacture, distribute or
import motor vehicles using the trademark, service mark, trade
name, logotype or other commercial symbol of another
manufacturer, distributor or importer. + }
SECTION 4. ORS 650.140 is amended to read:
650.140. (1) Notwithstanding the terms of any franchise or
other agreement, it { - shall be - } { + is + } unlawful for
any manufacturer, distributor or importer to cancel, terminate or
refuse to continue any franchise without showing good cause,
provided the dealer protests { - such - } { + the + }
termination by filing a complaint in court of competent
jurisdiction within the time period specified in subsection (3)
of this section.
(2) In determining if good cause exists pursuant to subsection
(1) of this section, the court shall consider such factors as:
(a) The amount of business transacted by the dealer as compared
to the amount of business available to the dealer.
(b) The investment necessarily made and obligations necessarily
incurred by the franchisee in performance of the franchise.
(c) The permanency of the investment.
(d) The adequacy of the franchisee's new motor vehicle sales
and service facilities, equipment and parts.
(e) The qualifications of the management, sales and service
personnel to provide the consumer with reasonably good service
and care of new motor vehicles.
(f) The failure of the franchisee to substantially comply in
good faith with those requirements of the franchise that are
reasonable.
(3) Notwithstanding the terms of any franchise or other
agreement, a franchisor shall give a franchisee 60 days' written
notice stating the specific reasons for cancellation, termination
or noncontinuance of a franchise, provided that a franchisor need
only give 30 days' written notice concerning the following
reasons:
(a) Misrepresentation by the franchisee in applying for the
franchise.
(b) Insolvency of the franchisee, or filing of any petition by
or against the franchisee, under any bankruptcy or receivership
law.
(c) Conviction of a felony, provided that conviction after a
plea nolo contendere shall be considered a conviction for
purposes of this subsection.
(d) Failure of the dealer to maintain its operation open for
business for seven consecutive business days or for eight
business days out of any 15-business-day period.
{ + (4)(a) Notwithstanding subsection (3) of this section, if
a manufacturer, distributor or importer cancels, terminates or
refuses to continue any franchise as a result of the
manufacturer's, distributor's or importer's filing for or
receiving protection under the bankruptcy laws, and the
manufacturer, distributor or importer did not cancel at the same
time a franchise with another motor vehicle dealership of the
same line-make within the dealer's relevant market area, the
manufacturer, distributor or importer, or where applicable the
manufacturer's, distributor's or importer's successor in
interest, shall provide the dealer with the specific reasons why
the dealer's franchise was canceled, terminated or not continued
and another dealer's franchise of the same line-make within the
dealer's relevant market area was retained or renewed.
(b) The information required by paragraph (a) of this
subsection must include the criteria and data used in making the
determination to cancel, terminate or not continue, or to retain
or renew, the franchise, and must be provided within a reasonable
period of time not to exceed 30 days after the manufacturer,
distributor or importer gives notice of the cancellation,
termination or refusal to continue. As used in this paragraph, '
reasonable period of time' means such time as is sufficient to
allow the dealer time to file objections or pleadings to contest
the cancellation, termination or refusal to continue of the
franchise in the bankruptcy proceeding.
(c) Whenever the Director of the Department of Consumer and
Business Services determines that a manufacturer, distributor or
importer has failed to comply with paragraphs (a) and (b) of this
subsection or has engaged in an act or practice that would give
rise to liability under ORS 650.020, the director may take any
appropriate action, including but not limited to actions
authorized under ORS 650.005 to 650.100. + }
SECTION 5. ORS 650.150 is amended to read:
650.150. (1) A dealer { + or former dealer + } may enjoin a
manufacturer, distributor or importer { + , or the
manufacturer's, distributor's or importer's successor in
interest, + } from franchising an additional motor vehicle
dealership of the same line-make within the dealer's { + or
former dealer's + } relevant market area for good cause, provided
that the dealer files a complaint with a court of competent
jurisdiction within 60 days of receiving the notice specified in
subsection { - (5) - } { + (6) + } of this section. For
purposes of this section, 'relevant market area' { - shall
have - } { + has + } the meaning given that term in ORS
650.120, but other factors such as actual sales and service area
{ - shall - } { + must + } be considered.
(2) A dealer { + or former dealer + } may enjoin a
manufacturer, distributor or importer { + , or the
manufacturer's, distributor's or importer's successor in
interest, + }from relocating an existing motor vehicle
dealership of the same line-make within the dealer's { + or
former dealer's + } relevant market area for good cause, provided
that the dealer { + or former dealer + } files a complaint with
a court of competent jurisdiction within 60 days of receiving the
notice specified in subsection { - (5) - } { + (6) + } of
this section. This subsection
{ - shall - } { + does + } not apply to an existing
dealership or to the dealership of a replacement dealer that is
relocating to a site within a one-mile radius of its existing
site if the relevant market area of the existing or replacement
dealership is not more than 10 miles, within a two-mile radius of
its existing site if the relevant market area of the existing or
replacement dealership is not more than 15 miles and within a
three-mile radius of the existing site if the relevant market
area of the existing or replacement dealership is more than 15
miles.
(3) { + (a) + } A dealer { + or former dealer + } may enjoin a
manufacturer, distributor or importer { + , or the
manufacturer's, distributor's or importer's successor in
interest, + } from franchising a replacement dealer to operate a
dealership of the same line-make within the dealer's { + or
former dealer's + } relevant market area for good cause, provided
that the franchising of the replacement dealer has not occurred
within one year of the expiration or termination of the former
franchise and the dealer files a complaint with a court of
competent jurisdiction within 60 days of receiving the notice
specified in subsection { - (5) - } { + (6) + } of this
section. For the purposes of this section, 'relevant market area'
{ - shall have - } { + has + } the meaning given that term in
ORS 650.120, but other factors such as actual sales and service
area { - shall - } { + must + } be considered.
{ + (b) Notwithstanding paragraph (a) of this subsection,
when good cause exists as provided in subsection (5) of this
section, a dealer or former dealer may enjoin a manufacturer,
distributor or importer, or the manufacturer's, distributor's or
importer's successor in interest, under this subsection at any
time after the expiration or termination of the former franchise
without regard to when the franchising of the replacement dealer
took place or will take place. + }
(4) In determining whether good cause exists pursuant to
subsection (1), (2) or (3) of this section, the court may
consider all factors that the court considers relevant, but in
any case shall consider the following factors:
(a) Whether threats or other coercive action, oral or written,
were made to or taken against the dealer by the manufacturer,
distributor or importer.
(b) Whether the dealer is asked to terminate one franchise in
order to keep another franchise.
{ + (c) Whether the manufacturer, distributor or importer, or
the manufacturer's, distributor's or importer's successor in
interest, breached the terms or provisions of a franchise.
(d) Whether the manufacturer, distributor or importer, or the
manufacturer's, distributor's or importer's successor in
interest, engaged in conduct prohibited under ORS 650.130.
(e) Whether the manufacturer, distributor or importer, or the
manufacturer's, distributor's or importer's successor in
interest, canceled, terminated or refused to continue a franchise
without good cause under ORS 650.140. + }
{ - (c) - } { + (f) + } Whether there will be an
unjustifiable adverse effect upon existing dealers because of the
grant of the new franchise or the relocation of an existing
franchise. For purposes of this paragraph, the court may consider
all factors that the court determines relevant, but in any case
shall consider the following factors:
(A) The extent, nature and permanency of the investment of the
existing motor vehicle dealers and the proposed motor vehicle
dealer.
(B) The effect on the retail motor vehicle business in the
relevant market area.
(C) The growth or decline in population and in new motor
vehicle registrations in the relevant market area.
{ - (d) - } { + (g) + } The effect on consumers in the
relevant market area. For purposes of this paragraph, the court
may consider all factors that the court determines relevant, but
in any case shall consider the following factors in the relevant
market area:
(A) The adequacy and convenience of existing motor vehicle
sales facilities and service facilities.
(B) The supply of motor vehicle parts and qualified service
personnel.
(C) The existence of competition among existing dealers.
{ + (5)(a) Notwithstanding subsection (4) of this section,
good cause as used in this section shall be deemed to exist
without consideration of any other factors when a dealer or
former dealer's franchise was canceled, terminated or not
continued for any reason during the pendency of, or as a result
of, a bankruptcy proceeding by a manufacturer, distributor or
importer who filed for or received protection under the
bankruptcy laws.
(b) A manufacturer, distributor or importer, or a
manufacturer's, distributor's or importer's successor in
interest, enjoined for good cause under this subsection shall
offer the franchise sought to be granted or relocated to the
dealer or former dealer whose franchise was canceled, terminated
or not continued during the pendency of the manufacturer's,
distributor's or importer's bankruptcy proceeding. The dealer or
former dealer shall have 60 days within which to accept or reject
the offer required under this paragraph. Only after a dealer or
former dealer has declined, rejected or failed to respond to the
offer required under this paragraph, may the manufacturer,
distributor or importer, or the manufacturer's, distributor's or
importer's successor in interest, offer to grant the franchise to
another dealer or replacement dealer or relocate an existing
motor vehicle dealership. + }
{ - (5) - } { + (6) + } A manufacturer, distributor or
importer must give
{ - an existing dealership - } { + a dealer or former
dealer + } at least 60 days' written notice prior to franchising
a new dealership of the same line-make or authorizing the
relocation of another dealership of the same line-make within the
relevant market area of the
{ - existing - } { + dealer's or former dealer's + }
dealership. Notice under this subsection must be given to all
dealers { + and former dealers + } of the same line-make within
the relevant market area of the site of the proposed new or
relocated dealership.
{ - (6) If a dealer enjoins a manufacturer, distributor or
importer under this section, the manufacturer, distributor or
importer shall pay the dealer's court costs and attorney fees if
the dealer prevails regardless of whether a new dealership was
actually established. - }
{ + (7) If a dealer or former dealer enjoins or files an
action to enforce rights arising under this section against a
manufacturer, distributor or importer, or a manufacturer's,
distributor's or importer's successor in interest, the
manufacturer, distributor or importer, or the manufacturer's,
distributor's or importer's successor in interest, shall pay the
dealer's or former dealer's court costs and attorney fees if the
dealer or former dealer prevails regardless of whether a new
dealership was actually established. + }
SECTION 6. { + (1) The Legislative Assembly finds and declares
that:
(a) Automobile manufacturers in the United States have
announced that economic conditions have caused or will cause the
manufacturers to terminate automobile dealership agreements with
businesses in this state.
(b) The termination notices occurred after many automobile
dealers purchased extra inventory from automobile manufacturers
in an effort to shore up the manufacturers' businesses.
(c) Manufacturers have announced that inventory the automobile
dealerships purchased cannot be sold back to the manufacturers.
(d) Automobile dealerships in this state are left with unsold
automobiles and parts inventory that the dealerships cannot
return to automobile manufacturers and must sell, often to other
dealers and often at a substantial loss.
(e) Substantial losses from terminating the dealership
agreements and leaving unsold inventory threatens the viability
of dealerships in this state, which could in turn:
(A) Disrupt or reduce employment opportunities in communities
that in some cases may have few alternative opportunities for
employment at a time in which unemployment in this state has
increased significantly;
(B) Reduce state and local tax revenues and charitable
contributions in communities that in some cases are already
vulnerable to poor economic conditions; and
(C) Reduce consumer choice and sources for parts and service
for automobiles.
(f) The circumstances set forth in this subsection justify a
determination by a state contracting agency that:
(A) An emergency exists that warrants the state contracting
agency's using the emergency procurement authority set forth in
ORS 279B.080; or
(B) Procuring automobiles that the state contracting agency
requires and has authority to procure from an automobile dealer
in distressed circumstances can reasonably be expected to result
in substantial cost savings to the state contracting agency or
the public, or otherwise substantially promotes the public
interest, and warrants using the special procurement authority
granted under ORS 279B.085.
(2)(a) The Legislative Assembly encourages state contracting
agencies that require automobiles and have procurement authority
to use the alternative procurement methods specified in
subsection (1)(f) of this section to procure automobiles and
automobile parts from automobile dealers whose dealership
agreements have been terminated as part of a bankruptcy or
restructuring by an automobile manufacturer within 90 days before
and 120 days after the effective date of this 2009 Act.
(b) The Legislative Assembly directs state contracting agencies
that use the alternative procurement methods set forth in
subsection (1)(f) of this section to make a procurement described
in paragraph (a) of this subsection to:
(A) Purchase only automobiles and automobile parts that meet
specifications the state contracting agency developed in the
ordinary course of the state contracting agency's procurement
process;
(B) Negotiate for and obtain discounts and other concessions
from automobile dealers that will result in cost savings to the
state contracting agency and that are fair to the automobile
dealers;
(C) Use contracting methods that ensure fairness and that are
unlikely to encourage favoritism in awarding public contracts or
substantially diminish competition for public contracts; and
(D) When practicable, seek to make procurements from minority,
women and emerging small business enterprises certified under ORS
200.055. + }
SECTION 7. { + (1) The amendments to ORS 650.145 and 650.155
by sections 1 and 2 of this 2009 Act apply to motor vehicle
transactions occurring on or after the effective date of this
2009 Act.
(2) The amendments to ORS 650.120, 650.140 and 650.150 by
sections 3 to 5 of this 2009 Act apply to motor vehicle
dealership franchises canceled, terminated or not continued on or
after the effective date of this 2009 Act and to motor vehicle
dealership franchises canceled, terminated or not continued in
bankruptcy proceedings pending or filed on or after the effective
date of this 2009 Act.
(3) Section 6 of this 2009 Act applies to automobile dealership
agreements terminated before, on or after the effective date of
this 2009 Act. + }
SECTION 8. { + Section 6 of this 2009 Act is repealed on
January 2, 2012. + }
SECTION 9. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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