75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 515
 
LC 1395/SB 515-9
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 515
 
     By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
 
                              May 5
 
  On page 1 of the printed bill, delete line 11.
  In line 12, delete '(c)' and insert '(b)'.
  In line 13, delete '(d)' and insert '(c)'.
  In line 14, delete '(e)' and insert '(d)'.
  Delete lines 15 through 18.
  In line 19, delete '(i)' and insert '(e)' and delete 'a service
contract,'.
  In line 20, after the semicolon insert 'and'.
  In line 21, delete '(j)' and insert '(f)'.
  In line 22, after 'vehicle' insert a period and delete the rest
of the line.
  Delete line 23.
  On page 2, after line 4, insert:
  ' (3)(a) 'Motor home' means a motor vehicle that is a new or
demonstrator vehicular unit built on, or permanently attached to,
a self-propelled motor vehicle chassis, chassis cab or van that
becomes an integral part of the completed vehicle, and that is
designed to provide temporary living quarters for recreational,
camping or travel use.
  ' (b) 'Motor home' does not include a trailer, camper, van or
vehicle manufactured by an entity that primarily manufactures
motor vehicles other than motor homes as defined in this
subsection.'.
  In line 5, delete '(3)' and insert '(4)'.
  In line 15, delete 'later' and insert 'first'.
  Delete lines 40 through 44 and insert:
  ' (3)(a) As used in this section, 'reasonable allowance for the
consumer's use of the motor vehicle' means:
  ' (A) For a motor vehicle that is not a motorcycle or a motor
home, an amount of money equivalent to the motor vehicle mileage
as described in paragraph (b) of this subsection multiplied by
the cash price or lease price of the motor vehicle and divided by
120,000.
  ' (B) For a motorcycle, an amount of money equivalent to the
motor vehicle mileage as described in paragraph (b) of this
subsection, multiplied by the cash price or lease price of the
motorcycle and divided by 25,000.
  ' (C) For a motor home, an amount of money equivalent to the
motor vehicle mileage as described in paragraph (b) of this
subsection, multiplied by the cash price or lease price of the
motor home and divided by 90,000.
  ' (b) Except as provided in subsection (5) of this section, the
motor vehicle mileage for the purposes of the calculation
described in paragraph (a) of this subsection is the motor
vehicle's mileage at the time the manufacturer takes an action
described in subsection (1) of this section, less mileage that
the motor vehicle traveled during any period in which the
consumer did not have use of the motor vehicle because the
manufacturer or an agent or authorized dealer of the manufacturer
was repairing the motor vehicle.
  ' (4) For purposes of determining the mileage that a motor
vehicle traveled during the period described in subsection (3)(b)
of this section, the manufacturer or an agent or authorized
dealer of the manufacturer shall provide the consumer with an
itemized, legible statement that sets forth:
  ' (a) The odometer reading on the date on which the consumer
presented the motor vehicle to the manufacturer or an agent or
authorized dealer of the manufacturer for repair;
  ' (b) The date and odometer reading on the date the
manufacturer or an agent or authorized dealer of the manufacturer
completed the repair; and
  ' (c) The approximate length of any test drives the
manufacturer or an agent or authorized dealer of the manufacturer
conducted during the repair period.
  ' (5) If a manufacturer or an agent or authorized dealer of the
manufacturer fails to provide a consumer with the statement
described in subsection (4) of this section, the motor vehicle
mileage for the purpose of the calculation described in
subsection (3)(a) of this section is the motor vehicle's mileage
at the time the consumer first presents the motor vehicle to the
manufacturer or an agent or authorized dealer of the manufacturer
for correction of a nonconformity.'.
  In line 45, delete '(4)' and insert '(6)'.
  On page 3, line 11, delete 'later' and insert 'first'.
  Delete lines 12 through 16 and insert:
  ' (a) The manufacturer or an agent or authorized dealer of the
manufacturer has subjected the nonconformity to repair or
correction three or more times and has made a final attempt to
repair or correct the nonconformity, but the nonconformity
continues to exist;
  ' (b) The motor vehicle is out of service by reason of repair
or correction for a cumulative total of 30 or more calendar days
or 60 or more calendar days if the vehicle is a motor home; or
  ' (c) The manufacturer or an agent or authorized dealer of the
manufacturer has subjected a nonconformity that is likely to
cause death or serious bodily injury to repair or correction at
least one time and has made a final attempt to repair or correct
the nonconformity, but the nonconformity continues to exist.'.
  In line 25, delete the boldfaced material and restore the
bracketed material.
  In line 27, after the period delete the rest of the line and
lines 28 through 36 and insert 'If a manufacturer, for the
purpose of settling disputes that arise under ORS 646A.400 to
646A.418, establishes or participates in an informal dispute
settlement procedure that substantially complies with the
provisions of 16 C.F.R. part 703, as in effect on the effective
date of this 2009 Act, and causes a consumer to be notified of
the procedure, ORS 646A.404 does not apply to a consumer who has
not first resorted to the procedure. A decision resulting from
arbitration pursuant to the informal dispute settlement procedure
is binding on the manufacturer but is not binding on the
consumer.'.
  On page 4, line 10, after the period delete the rest of the
line and lines 11 and 12 and insert 'An action brought under ORS
646A.400 to 646A.418 must be commenced within one year after
whichever of the following periods ends earlier:'.
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