2013 -- H 6261

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LC02814

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES-CONSUMER ENFORCEMENT OF

MOTOR VEHICLE WARRANTIES

     Introduced By: Representative Michael J. Marcello

     Date Introduced: June 20, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-5.2-1 of the General Laws in Chapter 31-5.2 entitled "Consumer

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Enforcement of Motor Vehicle Warranties" is hereby amended to read as follows:

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     31-5.2-1. Definitions. -- The following words and phrases, for the purposes of this

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chapter, have the following meanings:

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      (1) "Consumer" means a buyer, other than for purposes of resale, of a motor vehicle, any

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person to whom that motor vehicle is transferred for the same purposes during the duration of any

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express or implied warranty applicable to that motor vehicle, and any other person entitled by the

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terms of that warranty to enforce its obligations.

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      (2) "Dealer" means any person engaged in the business of selling, offering to sell,

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soliciting, or advertising the sale of new motor vehicles.

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      (3) "Lease price" means the aggregate of:

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      (i) Lessor's actual purchase costs.

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      (ii) Collateral charges, if applicable.

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      (iii) Any fee paid to another to obtain the lease.

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      (iv) Any insurance or other costs expended by the lessor for the benefit of the lessee.

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      (v) An amount equal to state and local sales taxes not otherwise included as collateral

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charges, paid by the lessor when the vehicle was initially purchased.

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      (vi) An amount equal to five percent (5%) of the lessor's actual purchase costs.

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      (4) "Lessee" means any consumer who leases a motor vehicle for one year or more

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pursuant to a written lease agreement which provides that the lessee is responsible for repairs to

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such motor vehicle or any consumer who leases a motor vehicle pursuant to a lease-purchase

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agreement.

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      (5) "Lessee cost" means the aggregate deposit and rental payments previously paid to the

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lessor for the leased vehicle.

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      (6) "Lessor" means a person who holds title to a motor vehicle leased to a lessee under a

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written lease agreement or who holds the lessor's rights under such agreement.

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      (7) "Manufacturer" means any person, partnership, firm, association, corporation, or

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trust, resident or nonresident, which is engaged in the business of manufacturing or assembling

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new motor vehicles, or which is engaged in the business of importing new motor vehicles which

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are manufactured or assembled outside of the United States.

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      (8) "Motor vehicle" or "vehicle" means: (i) an automobile, truck, motorcycle, or van or

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all-terrain vehicle (ATV) having a registered gross vehicle weight of less than ten thousand

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pounds (10,000 lbs.), sold, leased, or replaced by a dealer or manufacturer, except that it shall not

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include a motorized camper as defined in section 31-1-3; or (ii) a municipality, municipal agency

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or fire district owned or leased fire department motorized apparatus which has not been

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significantly altered in such a manner to cause a breach of the manufacturer's warranty.

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      (9) "Nonconformity" means any specific or generic defect or malfunction, or any

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concurrent combination of such defects or malfunctions, that substantially impairs the use, market

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value, or safety of a motor vehicle.

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      (10) "Term of protection" means one year or fifteen thousand (15,000) miles of use from

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the date of original delivery of a new motor vehicle to the consumer, whichever comes first; or, in

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the case of a replacement vehicle provided by a manufacturer to a consumer under this chapter,

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one year or fifteen thousand (15,000) miles from the date of delivery to the consumer of that

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replacement vehicle, whichever comes first.

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      (11) "Motor vehicle arbitration board" means the board to be established by the

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department of attorney general as set forth in section 31-5.2-7.1, which board shall replace the

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consumers' council automobile dispute settlement panel.

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     SECTION 2. This act shall take effect upon passage.

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LC02814

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES-CONSUMER ENFORCEMENT OF

MOTOR VEHICLE WARRANTIES

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     This act would add all-terrain vehicles (ATV's) to the new vehicle lemon law.

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     This act would take effect upon passage.

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LC02814

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