Bill Text: OR HB3154 | 2013 | Regular Session | Introduced

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Bill Title: Relating to parking facilities.

Sponsorship: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3154 Detail]

Download: Oregon-2013-HB3154-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3646

                         House Bill 3154

Sponsored by COMMITTEE ON CONSUMER PROTECTION AND GOVERNMENT
  EFFICIENCY

                             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 amount that owner
of parking facility may assess for parking violations. Specifies
hours during which 'weekend rate,' if any, applies. Requires
owner of parking facility to create process by which consumer may
certify that consumer did not have custody of vehicle at time of
parking violation.
  Creates cause of action against owner for violation. Requires
court, if consumer prevails, to award three times the amount of
charge, fine or fee wrongly assessed. Allows award of attorney
fees and costs to prevailing consumer.

                        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 in section 2 of
this 2013 Act:
  (a)(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.
  (B) 'Base amount' does not include charges, fines or fees the
owner assesses against the consumer for parking violations.
  (b) 'Consumer' means a natural person who parks a vehicle at a
parking facility.
  (c) 'Local government' means a city, county or local service
district located in this state or an administrative subdivision
of the city, county or local service district.
  (d) 'Owner' means:
  (A) A person who owns or lawfully possesses a parking facility
or a lessee of the person;
  (B) A local government or state agency with authority to
control or operate a parking facility; or
  (C) A person or entity that has assumed responsibility by
contract or otherwise on behalf of an owner of a parking facility
for operating, managing, maintaining or controlling the parking
facility.
  (e) 'Parking facility' means property that is used for parking
vehicles.

  (f) 'Parking violation' means a violation of a rule or
requirement that a consumer must comply with to park a vehicle at
an owner's parking facility.
  (g) 'Registered owner' means the owner of a vehicle that is
registered in this or another state.
  (h) 'State agency' means a state officer, board, commission,
department, institution, branch or agency of state government, as
defined in ORS 174.111.
  (i) 'Vehicle' has the meaning given that term in ORS 801.590.
  (2) An 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 or
registered owner, before the consumer or registered owner parks a
vehicle at the parking facility:
  (a) Rules and requirements with which the consumer or
registered owner must comply in order to avoid a charge, fine or
fee for a parking violation;
  (b) The amount of any charge, fine or fee, and the method for
calculating the charge, fine or fee, that may be assessed for:
  (A) A parking violation;
  (B) Administrative costs associated with assessing a charge,
fine or fee for a parking violation;
  (C) Paying a charge, fine or fee assessed for a parking
violation late;
  (D) Any other charge, fine or fee that the owner may assess
against the consumer or registered owner that arise out of a
parking violation; and
  (c) The process by which a consumer or registered owner may
certify under subsection (6) of this section that the consumer or
registered owner did not have custody of the vehicle involved in
the parking violation at the time the parking violation occurred.
  (3) An owner must make the disclosures required under
subsection (2) of this section:
  (a) In writing, in a font at least 18 points in size and in red
ink:
  (A) On a paper ticket or other document that a consumer or
registered owner must display in a vehicle parked at the owner's
parking facility; or
  (B) On a document that the consumer receives at the time the
consumer parks at the parking facility; and
  (b) By a clear and conspicuous visual display on:
  (A) An outdoor sign on the premises of the parking facility
that advises consumers that the property is a parking facility;
and
  (B) A ticket machine or booth from which the consumer or
registered owner purchases a ticket that permits the consumer to
park at the parking facility, if the parking facility has a
ticket machine or booth installed.
  (4)(a) Except as provided in paragraph (b) of this subsection,
an owner may not assess charges, fees or fines for a parking
violation that, in total, exceed twice the base amount the owner
charges the consumer to park at the parking facility at the time
the parking violation occurred.
  (b) An owner may assess a late fee that, when added to the
total amount of the charge, fine or fee, exceeds twice the base
amount only if the consumer or registered owner does not pay the
assessed charge, fine or fee within 30 days after the date that
the consumer or registered owner receives notice of the parking
violation and the assessment. For purposes of this paragraph, a
consumer or registered owner pays the charge, fine or fee within
30 days if the consumer or registered owner pays in person or
electronically, if electronic payment is available, within the
30-day period or if the owner receives payment by mail with a
postmarked date that is within the 30-day period.
  (5) An owner that charges a base amount that the owner
describes as a 'weekend rate' for parking at a parking facility
shall clearly and conspicuously disclose the hours during which
the weekend rate applies. For purposes of this subsection, the
hours during which a weekend rate must apply, if the owner
charges a weekend rate, are, at a minimum, the hours of 6:00 p.m.
on Friday until 11:59 p.m. on the following Sunday.
  (6)(a) An owner may not assess a charge, fine or fee for a
parking violation against a consumer or registered owner unless
the owner creates, makes available and notifies the consumer or
registered owner of appropriate forms for, and establishes a
process by which the consumer or registered owner may certify
that the consumer or registered owner did not have custody of the
vehicle involved in the parking violation and provide the name
and address of the individual who did have custody of the vehicle
at the time of the parking violation.
  (b) After an owner receives the consumer's or registered
owner's certification and the information described in paragraph
(a) of this subsection, the owner shall dismiss the charge, fine
or fee against the consumer or registered owner and may not seek
payment from the consumer or registered owner for the parking
violation. The owner may assess the charge, fine or fee against
the person that the consumer or registered owner identified under
paragraph (a) of this subsection. + }
  SECTION 2.  { + (1) A consumer or registered owner that has
suffered an ascertainable loss as a result of an owner's
violation of a provision of section 1 of this 2013 Act has a
cause of action against the owner.
  (2) If the consumer or registered owner prevails in an action
brought under subsection (1) of this section, the court shall
enter judgment against the owner in an amount that is three times
the charge, fine or fee that the owner assessed against the
consumer or registered owner and may award attorney fees and
costs to the prevailing consumer or registered owner.
  (3) A remedy under this section is in addition to any other
civil or criminal remedy that is available under any other
provision of law. + }
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