Bill Text: OR HB2486 | 2011 | Regular Session | Introduced
Bill Title: Relating to parking facilities.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2486 Detail]
Download: Oregon-2011-HB2486-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1743
House Bill 2486
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Consumer Protection and Government Accountability)
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 as
introduced.
Requires owner of private parking facility to disclose rules
and charges for parking violations in writing and on outdoor
signs and ticket machines. Establishes maximum amounts owner of
parking facility may assess for parking violations. Defines
'weekend rate.' Requires owner of parking facility to create
process to file certificate of nonliability.
Creates cause of action against owner for violation. Requires
court, if consumer prevails, to award three times amount of
charge, fine or fee wrongly assessed. Allows award of attorney
fees and costs to prevailing consumer or registered owner.
A BILL FOR AN ACT
Relating to parking facilities.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section and section 2 of
this 2011 Act:
(a) 'Base amount' means the amount an owner requires a consumer
to pay to park the consumer's vehicle at the owner's parking
facility on any single occasion and does not include charges,
fines or fees assessed against the consumer for parking
violations.
(b) 'Consumer' means a natural person who parks a vehicle at a
parking facility under this section.
(c) 'Local government' means all cities, counties and local
service districts located in this state, and all administrative
subdivisions of those cities, counties and local service
districts.
(d) 'Owner' means:
(A) The owner, lessee or person in lawful possession of a
parking facility;
(B) A local government or state agency with authority to
control or operate a parking facility; and
(C) A person or entity that has assumed responsibility by
contract or otherwise on behalf of an owner of a parking facility
for the operation, management, maintenance or control of the
parking facility.
(e) 'Parking facility' means property that is used for vehicle
parking.
(f) 'Parking violations' means violations of rules or
requirements that must be complied with to park at the owner's
parking facility.
(g) 'Registered owner' means the registered owner of a vehicle
registered by this or any other state.
(h) 'State agency' means any state officer, board, commission,
department, institution, branch or agency of the state government
as defined in ORS 174.111.
(i) 'Vehicle' has the meaning given that term in ORS 801.590.
(2) The owner of a parking facility may not assess a charge,
fine or fee against a consumer or a registered owner for a
parking violation unless the owner discloses to the consumer,
before the consumer parks the consumer's vehicle at the parking
facility:
(a) All rules and requirements that the consumer must comply
with in order to avoid being assessed a charge, fine or fee for a
parking violation;
(b) The amount and manner of calculation of any charge, fine or
fee that will be assessed for:
(A) A parking violation;
(B) Administrative costs associated with assessing a charge,
fine or fee for a parking violation;
(C) Late payment of a charge, fine or fee assessed for a
parking violation; or
(D) Any other charges, fines or fees that will be assessed by
the owner against a consumer or registered owner that arise out
of a parking violation; and
(c) The process to file a certificate of nonliability under
subsection (6) of this section.
(3) The disclosures required by subsection (2) of this section
must be made:
(a) In writing, in at least 18-point font and in red ink:
(A) On a paper ticket or other document that is required to be
displayed in or on the consumer's vehicle while parked at the
parking facility; or
(B) On a document that is provided to the consumer at the time
the consumer parks at the parking facility; and
(b) By clear and conspicuous visual display on:
(A) An outdoor sign that is placed on the premises of the
parking facility to advise consumers the property is a parking
facility; and
(B) If one is installed on the premises of the parking
facility, a ticket machine or booth from which a consumer
purchases a ticket that permits the consumer to park the
consumer's vehicle on the premises of the parking facility.
(4)(a) The owner of a parking facility may not assess a total
amount for charges, fines or fees for a parking violation that
exceeds twice the base amount charged to the consumer to park at
the parking facility on the occasion that the parking violation
occurred.
(b) Notwithstanding paragraph (a) of this subsection, an owner
may assess a late fee if payment of assessed charges, fines or
fees is not made within 30 days from the date that the consumer
or registered owner receives notice of the parking violation and
the assessment. The 30 days shall be calculated from the date the
consumer or registered owner received the notice of violation and
assessment to the date postmarked on the payment received, if
mailed, or the date of payment, if payment is made in person.
(5) An owner of a parking facility that charges a base amount
for a period of time described as a 'weekend' or 'weekend rate'
must:
(a) Allow parking between, at a minimum, the hours of 6:00 p.m.
on a Friday and 11:59 p.m. on a Sunday; and
(b) Clearly and conspicuously disclose the weekend hours in
paragraph (a) of this subsection during which a consumer may
park.
(6)(a) The owner of a parking facility may not assess a charge,
fine or fee for a parking violation against a consumer or
registered owner unless the owner has established a process and
created forms, and provided the consumer or registered owner with
notice of the process and forms, to:
(A) Submit a certificate of nonliability stating that the
vehicle was not in the custody and control of the consumer or
registered owner at the time of the parking violation; and
(B) Providing the name and address of the individual who was in
control of the vehicle at the time of the parking violation.
(b) Upon receipt of the certificate of nonliability and
information described in paragraph (a) of this subsection, the
owner of the parking facility must dismiss and not pursue payment
of any amounts assessed against the consumer or registered owner
for the parking violation and may reassess charges, fines or fees
for the parking violation against the individual identified in
the certificate of nonliability. + }
SECTION 2. { + (1) A consumer or registered owner who has
suffered any ascertainable loss as a result of an owner's
violation of any provision of section 1 of this 2011 Act shall
have a cause of action against the owner.
(2) If the consumer or registered owner prevails, the court
shall enter judgment against the owner for three times the amount
of any charge, fine or fee assessed by the owner against the
consumer or registered owner, and may award reasonable attorney
fees and costs to a prevailing consumer or registered owner.
(3) The remedy provided in this section is in addition to any
other remedy, civil or criminal, that may be available under any
other provision of law. + }
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