Chapter 141 Oregon Laws 2001

AN ACT

HB 3791

Relating to vehicle dealers; creating new provisions; amending ORS 822.030; and declaring an emergency.

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

SECTION 1. The Department of Transportation may adopt rules to limit the amount that a licensed vehicle dealer may charge a purchaser for the dealer to collect fees and to complete and submit documents necessary for the transference of a certificate of title and registration for a vehicle. The limit established by department rule may not be less than $50.

SECTION 2. ORS 822.030, as amended by section 5, chapter 593, Oregon Laws 1999, is amended to read:

822.030. (1) A bond or letter of credit required to qualify for a vehicle dealer certificate under ORS 822.020 or to qualify for renewal of a certificate under ORS 822.040 must comply with all of the following:

(a) The bond shall have a corporate surety licensed to do business within this state. A letter of credit shall be an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The surety or institution shall notify the Department of Transportation if the bond or letter of credit is canceled for any reason. The surety or institution shall continue to be liable under the bond or letter of credit until the department receives the notice required by this paragraph, or until the cancellation date specified in the notice, whichever is later.

(b) The bond or letter of credit shall be executed to the State of Oregon.

(A) If the applicant is seeking a certificate to be a dealer exclusively in motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles or any combination of those vehicles, the bond or letter of credit shall be for $2,000.

(B) Except as provided in subparagraph (A) of this paragraph, if the applicant is seeking a certificate to be a vehicle dealer, the bond or letter of credit shall be for $25,000 for each year the certificate is valid.

(d) The bond or letter of credit described in this subsection shall be approved as to form by the Attorney General.

(e) The bond or letter of credit must be conditioned that the person issued the certificate shall conduct business as a vehicle dealer without fraud or fraudulent representation and without violating any provisions of the vehicle code relating to vehicle registration, vehicle permits, the transfer or alteration of vehicles or the regulation of vehicle dealers.

(f) The bond or letter of credit must be filed and held in the office of the department.

(g) The vehicle dealer shall purchase a bond or letter of credit under this subsection annually on or before each anniversary of the issuance of the vehicle dealer’s certificate.

(2) Any person shall have a right of action against a vehicle dealer, against the surety on the vehicle dealer’s bond and against the letter of credit in the person’s own name if the person suffers any loss or damage by reason of the vehicle dealer’s fraud, fraudulent representations or violations of provisions of the vehicle code relating to:

(a) Vehicle registration;

(b) Vehicle permits;

(d) The regulation of vehicle dealers.

(3) Notwithstanding subsection (2) of this section, the maximum amount available under a bond described in subsection (1)(c)(B) of this section for the payment of claims by persons other than retail customers of the dealer is $20,000.

[(3)] (4) If the certificate of a vehicle dealer is not renewed or is voluntarily or involuntarily canceled, the sureties on the bond and the issuer of the letter of credit are relieved from liability that accrues after the department cancels the certificate.

SECTION 3. ORS 822.030, as amended by section 5, chapter 593, Oregon Laws 1999, and section 2 of this 2001 Act, is amended to read:

(b) The bond or letter of credit shall be executed to the State of Oregon.

(B) Except as provided in subparagraph (A) of this paragraph, if the applicant is seeking a certificate to be a vehicle dealer, the bond or letter of credit shall be for [$25,000] $30,000 for each year the certificate is valid.

(d) The bond or letter of credit described in this subsection shall be approved as to form by the Attorney General.

(f) The bond or letter of credit must be filed and held in the office of the department.

(g) The vehicle dealer shall purchase a bond or letter of credit under this subsection annually on or before each anniversary of the issuance of the vehicle dealer’s certificate.

(a) Vehicle registration;

(b) Vehicle permits;

(d) The regulation of vehicle dealers.

(4) If the certificate of a vehicle dealer is not renewed or is voluntarily or involuntarily canceled, the sureties on the bond and the issuer of the letter of credit are relieved from liability that accrues after the department cancels the certificate.

SECTION 4. ORS 822.030, as amended by section 5, chapter 593, Oregon Laws 1999, and sections 2 and 3 of this 2001 Act, is amended to read:

(b) The bond or letter of credit shall be executed to the State of Oregon.

(B) Except as provided in subparagraph (A) of this paragraph, if the applicant is seeking a certificate to be a vehicle dealer, the bond or letter of credit shall be for [$30,000] $35,000 for each year the certificate is valid.

(d) The bond or letter of credit described in this subsection shall be approved as to form by the Attorney General.

(f) The bond or letter of credit must be filed and held in the office of the department.

(g) The vehicle dealer shall purchase a bond or letter of credit under this subsection annually on or before each anniversary of the issuance of the vehicle dealer’s certificate.

(a) Vehicle registration;

(b) Vehicle permits;

(d) The regulation of vehicle dealers.

SECTION 5. ORS 822.030, as amended by section 5, chapter 593, Oregon Laws 1999, and sections 2, 3 and 4 of this 2001 Act, is amended to read:

(b) The bond or letter of credit shall be executed to the State of Oregon.

(B) Except as provided in subparagraph (A) of this paragraph, if the applicant is seeking a certificate to be a vehicle dealer, the bond or letter of credit shall be for [$35,000] $40,000 for each year the certificate is valid.

(d) The bond or letter of credit described in this subsection shall be approved as to form by the Attorney General.

(f) The bond or letter of credit must be filed and held in the office of the department.

(g) The vehicle dealer shall purchase a bond or letter of credit under this subsection annually on or before each anniversary of the issuance of the vehicle dealer’s certificate.

(a) Vehicle registration;

(b) Vehicle permits;

(d) The regulation of vehicle dealers.

SECTION 6. (1) The amendments to ORS 822.030 by section 3 of this 2001 Act become operative September 1, 2002.

(2) The amendments to ORS 822.030 by section 4 of this 2001 Act become operative September 1, 2003.

(3) The amendments to ORS 822.030 by section 5 of this 2001 Act become operative September 1, 2004.

SECTION 7. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 16, 2001

Filed in the office of Secretary of State May 16, 2001

Effective date May 16, 2001

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