Chapter 184 Oregon Laws 1999

Session Law

AN ACT

SB 374

Relating to mediation of disputes about the sale of used motor vehicles; creating new provisions; and amending ORS 180.095.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 180.095 is amended to read:

180.095. (1) There hereby is appropriated out of the General Fund in the State Treasury $250,000 for the purpose of providing funds to pay for:

(a) Personal services, travel, meals and lodging, and all costs, disbursements and other litigation expenses incurred by the Department of Justice in preparing, commencing and prosecuting actions and suits under the state and federal antitrust laws and under ORS 646.605 to 646.656.

(b) Costs, not to exceed $35,000 in a biennium, incurred by the Department of Justice to hire persons to conduct mediations for the pilot program established in subsection (4) of this section.

(2) The money appropriated by subsection (1) of this section shall be transferred to an account in the General Fund in the State Treasury to be known as the Consumer Protection and Education Revolving Account. All moneys in such revolving account are appropriated and constitute a continuous appropriation out of the General Fund for the purposes of this section. The creation of the revolving account shall not require an allotment or allocation of moneys pursuant to ORS 291.234 to 291.260.

(3) All sums of money received by the Department of Justice under a judgment, settlement, compromise or assurance of voluntary compliance, including damages, attorney fees, costs, disbursements and other recoveries, but excluding civil penalties under ORS 646.642, in actions and suits under the state and federal antitrust laws and ORS 646.605 to 646.656 shall, upon receipt, be deposited with the State Treasurer to the credit of the Consumer Protection and Education Revolving Account. However, if the action or suit was based on an expenditure or loss from a public body or a dedicated fund, the amount of such expenditure or loss, after deduction of attorney fees and expenses awarded to the Department of Justice by the court or agreed to by the parties, if any, shall be credited to the public body or dedicated fund and the remainder thereof credited to the Consumer Protection and Education Revolving Account.

(4)(a) The Attorney General shall establish a pilot program to provide mediation services to selected used motor vehicle dealers and their customers.

(b) In accordance with the applicable provisions of ORS 183.310 to 183.550, and after consultation with used motor vehicle dealers and customers, the Attorney General shall adopt by rule:

(A) Standards and guidelines for mediating disputes between used motor vehicle dealers and customers under this section;

(B) Minimum qualifications and training necessary for persons conducting mediations under this section;

(C) A determination of costs to used motor vehicle dealers and customers participating in the pilot program under this section;

(D) Terms and conditions for participants in mediations to reimburse the Department of Justice for the cost of providing mediators under this section; and

(E) Any other provisions or procedures necessary for the administration of the pilot program under this section.

(c) The Attorney General may not compel a used motor vehicle dealer or customer to participate in the pilot program established by this section.

SECTION 2. The amendments to ORS 180.095 by section 1 of this 1999 Act are repealed June 1, 2001.

Approved by the Governor May 5, 1999

Filed in the office of Secretary of State May 5, 1999

Effective date October 23, 1999

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