71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to HB 2134
 
LC 848/HB 2134-3
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2134
 
                 By COMMITTEE ON PUBLIC AFFAIRS
 
                             May 16
 
  On page 1 of the printed bill, delete lines 4 through 30 and
insert:
  '  { +  SECTION 1. + } ORS 822.027 is amended to read:
  ' 822.027. (1)   { - Except as provided in subsection (2) of
this section, - }  The following education requirements apply to
an applicant for a vehicle dealer certificate under ORS 822.020
or 822.040:
  ' (a) An applicant for a vehicle dealer certificate under ORS
822.020 must complete a minimum of eight hours of approved
education programs described in subsection   { - (3) - }  { +
(5) + } of this section and pass a test prior to submitting an
application for the certificate; and
  ' (b) An applicant for   { - a - }  renewal  { + of a vehicle
dealer + } certificate under ORS 822.040 must complete a minimum
of   { - five - }  { +  four + } hours per year in a licensing
period of approved continuing education programs described in
subsection   { - (3) - }  { +  (5) + } of this section prior to
submitting an application for   { - the - }  renewal { +  of
the + } certificate.
  ' (2) The education requirements in subsection   { - (1) - }
 { +  (1)(a) + } of this section do not apply to an applicant for
a vehicle dealer certificate under ORS 822.020 or 822.040 if the
applicant   { - is: - }  { + holds another certificate issued
under ORS 822.020 or 822.040 that has been in continuous effect
since January 1, 2000.
  ' (3) The continuing education requirements in subsection
(1)(b) of this section do not apply to an applicant for renewal
of a vehicle dealer certificate under ORS 822.040 if the
applicant is: + }
  ' (a) A   { - franchised - }  dealer   { - of - }   { + having
a franchise in this state for + } nationally advertised and
recognized motor vehicles;
  ' (b) A   { - franchised - }  dealer   { - of - }   { + having
a franchise in this state for  + }new recreational vehicles;
  '  { - (c) A nationally franchised or corporate-owned motor
vehicle rental company; - }
  '  { +  (c) A motor vehicle rental company having a national
franchise or under the ownership of a corporation operating
nationally; + }
  ' (d) A dealer   { - of - }   { + that primarily sells + }
manufactured dwellings; or
  ' (e) A national auction company that holds a vehicle dealer
certificate and a wrecker certificate whose primary activity in
this state is the sale or disposition of totaled vehicles.
  '  { +  (4) An applicant for renewal of a vehicle dealer
certificate under ORS 822.040 may fulfill the requirements of
subsection (1)(b) of this section by requiring a full-time
management employee of the vehicle dealer, rather than an owner
or officer of the vehicle dealer, to complete the continuing
education program described in subsection (5) of this section. An
applicant that fulfills the requirement as provided in this
subsection must, for the duration of the renewal period, have at
least one full-time management employee who has completed the
continuing education program. The Department of Transportation,
with the advice of the advisory committee established under ORS
802.370, shall adopt rules to implement this subsection. + }
  '  { - (3) - }  { +  (5) + }   { - The - }  Education programs
and  { + the + } test required in subsection (1) of this section
 { - shall - }  { +  may + } be developed by  { + any + } motor
vehicle industry   { - organizations - }  { +  organization + }
including, but not limited to, the Oregon Independent Auto
Dealers Association and shall be submitted to the
 { - Department of Transportation - }  { +  advisory committee
established under ORS 802.370 + } for approval. The
  { - department - }  { +  committee + } shall approve
 { - a - }  { +  any + } program or test   { - if it - }  { +
that + } pertains to the motor vehicle industry and includes
 { - , but is not limited to, - }  state and federal law in
 { + at least + } the following areas:
  ' (a) Motor vehicle advertising;
  ' (b) Odometer laws and regulations;
  ' (c) Vehicle licensing and registration;
  ' (d) Unlawful dealer activities;
  ' (e) Environmental rules and regulations;
  ' (f) Oregon and industry standard motor vehicle forms;
  ' (g) Truthful lending practices;
  ' (h) Motor vehicle financing;
  ' (i) Service and warranty contracts; and
  ' (j) Land use regulations governing motor vehicle dealers.
  '  { - (4) - }  { +  (6) + }   { - The - }  Education programs
and  { + the + } test  { + required in subsection (1) of this
section + } may be provided by accredited educational
institutions, private vocational schools, correspondence schools
or trade associations if the education programs and test have
been approved by the   { - Department of Transportation - }  { +
advisory committee established under ORS 802.370, + } as required
in subsection   { - (3) - }  { +  (5) + } of this section.  { + A
provider must offer both a program for applicants for a vehicle
dealer certificate under ORS 822.020 and a program for applicants
for renewal of a vehicle dealer certificate under ORS
822.040.'. + }
  On page 2, delete lines 1 through 12.
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