Oklahoma 2022 Regular Session

Oklahoma House Bill HB3217 Compare Versions

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	30	+	April 4, 2022
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3	34		BILL NO. 3217 By: Roberts (Dustin) of the
4	35		House
5	36
6	37		and
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8	39		Montgomery of the Senate
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16	43		An Act relating to contracts; amending 15 O.S. 2021,
17	44		Section 901, which relates to repair of m otor
18	45		vehicles under warranty; modifying definition; and
19	46		providing an effective date .
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24		-	SUBJECT: Contracts
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26	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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28	52		SECTION 1. AMENDATORY 15 O.S. 2021, Section 901, is
29	53		amended to read as follows:
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31	54		Section 901. A. As used in this section:
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33	55		1. "Consumer" means the purchaser, othe r than for purposes of
34	56		resale, of a motor vehicle, any pe rson to whom such motor vehicle is
35	57		transferred during the duration of an exp ress warranty applicable to
36	58		such motor vehicle, and any other person entitled by the terms of
37	59		such warranty to enforce the obligations of the warranty; and
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39	60		2. "Motor vehicle" means any motor-driven vehicle required to
40	61		be registered under the Oklahoma Motor Vehicle License and
41	62		Registration Act, excludi ng vehicles above ten thousand (10,000)
42	63		pounds gross vehicle weight and the living facilities of motor
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43	91		homes. A recreational vehicle, as defined in Section 1-152.1 of
44	92		Title 47 of the Oklahoma Statutes, regardless of the weight of the
45	93		recreational vehicle, shall be considered a motor vehicle for the
46		-	purposes of this section. ENR. H. B. NO. 3217 Page 2
47		-
	94	+	purposes of this section.
48	95		B. For the purposes of this act, if a new motor vehicle does
49	96		not conform to all applicable express warranties, and the consumer
50	97		reports the nonconformity , directly in writing, to the manufacturer,
51	98		its agent or its authorized dealer during the term of such exp ress
52	99		warranties or during the period of one (1) year follo wing the date
53	100		of original delivery of the motor vehicle to a consumer, whichever
54	101		is the earlier date, the manufacturer, its agent or its authorized
55	102		dealer shall make such repair s as are necessary to conform the
56	103		vehicle to such express warranties, notwithst anding the fact that
57	104		such repairs are made after the expiration of such term or such one -
58	105		year period.
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60	106		C. If the manufactur er, or its agents or authorized dealers are
61	107		unable to conform the motor veh icle to any applicable express
62	108		warranty by repairing or co rrecting any defect or condition whic h
63	109		substantially impairs the use and value of the motor vehicle to the
64	110		consumer after a reasonable number of attempts, the manufacturer
65	111		shall either accept a return of the vehicle from the consumer and
66	112		refund to the consumer the full purchase price includin g all taxes,
67	113		license, registration fees and all similar governmental fees,
68	114		excluding interest, less a reasonable allowance for the consumer 's
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	116	+	SENATE FLOOR VERSION - HB3217 SFLR Page 3
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69	142		use of the vehicle or replace the motor vehicle with a comparable
70	143		new model acceptable to the consumer. If a comp arable model vehicle
71	144		cannot be agreed upon, the purchase price shall be refunded less a
72	145		reasonable allowance for the consumer's use of the vehicle. Refunds
73	146		shall be made to the consumer, and lienholder if any, as their
74	147		interests may appear. A reasonable allowance for use shall be the
75	148		purchase or lease price of the new motor vehicle multip lied by a
76	149		fraction having as the denominator one hundr ed twenty thousand
77	150		(120,000) miles and having as the numerator the miles direct ly
78	151		attributable to use by the consume r beyond fifteen thousand (15,000)
79	152		miles. It shall be an affirmative defense to any c laim under this
80	153		act:
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82	154		1. That an alleged nonconformity does not substantial ly impair
83	155		such use and value; or
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85	156		2. That a nonconformity is the result of abuse, neglect or
86	157		unauthorized modifications or alterations of a motor vehicle.
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88	158		In no event shall the pres umption described in this subsection
89	159		apply against a manufacturer unless th e manufacturer has received
90	160		prior direct written notificat ion from or on behalf of the consumer
91		-	and has had an opportunity to cure the defect alleged. ENR. H. B. NO. 3217 Page 3
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	161	+	and has had an opportunity to cure the defect alleged.
93	162		D. It shall be presumed that a reasonable number of attempts
94	163		have been undertaken t o conform a motor veh icle to the applicable
95	164		express warranties, if :
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97	192		1. The same nonconformity has been subject to r epair four or
98	193		more times by the manufacturer or its agents or authorized dealers
99	194		within the express warranty term or during the period of on e (1)
100	195		year following the date of original delivery of the motor vehicle to
101	196		a consumer, whichever is the earlier date , but such nonconformity
102	197		continues to exist; or
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104	198		2. The vehicle is out of service by r eason of repair for a
105	199		cumulative total of thirty (30) business days during such term or
106	200		during such period, whichever is the earlier date.
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108	201		The term of an express warranty , such one-year period and such
109	202		thirty-day period shall be extended by any period of t ime during
110	203		which repair services are not available to the consumer because of a
111	204		war, invasion, strike , fire, flood or other natural d isaster.
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113	205		E. Nothing in this act shal l in any way limit the rights or
114	206		remedies which are otherwise available to a consumer under any other
115	207		law.
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117	208		F. If a manufacturer has establi shed an informal disp ute
118	209		settlement procedure which complies in all respects wi th the
119	210		provisions of Title 16, Code o f Federal Regulations, Part 703, as
120	211		from time to time amended, the provisions of subse ction C of this
121	212		section concerning refunds or replacem ent shall not apply t o any
122	213		consumer who has not first resorted to such procedur e.
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124	214		G. The Oklahoma Attorney General shall prepare and place on the
125	215		Attorney General's website a written statement explaini ng the rights
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126	243		of a purchaser under this law. The deal er shall provide to t he
127	244		purchaser at the time of the original purchase of a new motor
128	245		vehicle the written statement prepared by the Attorney General.
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130	246		H. Vehicles returned pursuant to the provisions of this act may
131	247		not be resold in this state unless:
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133	248		1. The manufacturer provi des the same express warranty the
134	249		manufacturer provided th e original purchaser, except that the term
135		-	of the warranty need only last for twelve thousand (12,000) miles or ~~ENR. H. B. NO. 3217 Page 4~~
	250	+	of the warranty need only last for twelve thousand (12,000) miles or
136	251		twelve (12) months after the date of resale, whichever is earlier ;
137	252		or
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139	253		2. The manufacturer, through the licensed dealer, provides the
140	254		consumer with a written statement on a separate piece of paper that
141	255		clearly discloses the reason or reasons the vehicle was reacquire d
142	256		by the manufacturer.
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144	257		I. Notwithstanding the provisi ons of subsection H o f this
145	258		section, returned vehicles shall not be resold if a new motor
146	259		vehicle has been returned pursuant to the provisions of this act or
147	260		a similar statute in another state because o f nonconformity
148	261		resulting in a complete failure of the braking or steering system
149	262		likely to cause death or serious bodily injury if t he vehicle is
150	263		driven.
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152	264		J. In any civil action pursuant to this section wherein the
153	265		consumer is the prevailing party in the civil action, the consumer
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154	293		shall recover all costs and reasonable attorney fees as determined
155	294		by the court.
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157	295		SECTION 2. This act shall become effective November 1, 20 22.
158		-	ENR. H. B. NO. 3217 Page 5
159		-	Passed the House of Representatives the 14th day of March, 2022.
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164		-	Presiding Officer of the House
165		-	of Representatives
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168		-	Passed the Senate the 20th day of April, 2022.
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173		-	Presiding Officer of the Senate
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175		-
176		-	OFFICE OF THE GOVERNOR
177		-	Received by the Office of the Governor this ____________________
178		-	day of ___________________, 20_______, at _______ o'clock _______ M.
179		-	By: _________________________________
180		-	Approved by the Governor of the State of Oklahoma this _____ ____
181		-	day of ___________________, 20_______, at _______ o'clock _______ M.
182		-
183		-
184		-	_________________________________
185		-	Governor of the State of Oklahoma
186		-
187		-	OFFICE OF THE SECRETARY OF STATE
188		-	Received by the Office of the Secretary of State this __________
189		-	day of ___________________, 20_______, at _______ o'clock _______ M.
190		-	By: _________________________________
191		-
	296	+	COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
	297	+	April 4, 2022 - DO PASS