71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2380
House Bill 2651
Sponsored by Representative WINTERS (at the request of Oregon
Manufactured Housing Association)
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 applicant for issuance or renewal of vehicle dealer
certificate to submit fingerprints with application if dealer
will be dealing exclusively in manufactured structures. Requires
Department of Transportation to refuse, revoke or cancel
certificate based upon certain felony or misdemeanor convictions
involving sale or lease of manufactured structure that indicate
unfitness to deal in manufactured structures. Requires department
to refuse certificate based on limitation, conditioning,
suspension, revocation or cancellation of authority to be dealer
in another state indicating unfitness to deal in manufactured
structures.
A BILL FOR AN ACT
Relating to vehicle dealers; creating new provisions; and
amending ORS 822.050.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) In addition to meeting requirements
described in ORS 822.020 and 822.040, if an applicant for the
issuance or renewal of a vehicle dealer certificate will be
dealing exclusively in manufactured structures, the applicant
shall submit to fingerprinting.
(2) The Department of Transportation shall submit fingerprints
obtained under this section to federal and other appropriate law
enforcement agencies for checking to determine any unlawful
activities of the applicant. The department may charge a
reasonable fee to cover the cost of fingerprinting and checking
for unlawful activities.
(3) Notwithstanding ORS 822.020 and 822.035, the department
shall refuse to issue a certificate to an applicant described in
subsection (1) of this section who has been convicted within 10
years preceding the application date of a felony or misdemeanor
involving the sale or lease of a manufactured dwelling if the
department determines that the act underlying the conviction
demonstrates unfitness to deal in manufactured structures.
(4) Notwithstanding ORS 822.020 and 822.035, the department
shall refuse to issue a certificate to an applicant described in
subsection (1) of this section if the applicant has had a
certificate, license, registration or other authorization to deal
in manufactured dwellings that has been limited, conditioned,
suspended, revoked or canceled by another state and the
department determines that the cause of the limitation,
condition, suspension, revocation or cancellation demonstrates
unfitness to deal in manufactured structures.
(5) Notwithstanding ORS 822.020 and 822.035, the department
shall refuse to issue a certificate to an applicant described in
subsection (1) of this section if the department has canceled or
revoked a certificate of the applicant under ORS 822.050 (5)
within 10 years preceding the application date. + }
SECTION 2. ORS 822.050 is amended to read:
822.050. (1) The Department of Transportation may revoke,
suspend or place on probation a vehicle dealer if the department
determines at any time for due cause that the dealer has done any
of the following:
(a) Violated any grounds for revocation, suspension or
probation adopted by the department by rule under ORS 822.035.
(b) Failed to comply with the requirements of the vehicle code
with reference to notices or reports of the transfer of vehicles
or campers.
(c) Moved a manufactured structure or caused a manufactured
structure to be moved without complying with the requirements for
trip permits under ORS 820.560.
(d) Caused or suffered or is permitting the unlawful use of any
certificate or registration plates.
(e) Violated or caused or permitted to be violated ORS 815.410,
815.415, 815.425 or 815.430.
(f) Falsely certified under ORS 822.033 that the dealer is
exempt from the requirement under ORS 822.020 or 822.040 to file
a certificate of insurance.
(g) Continued to fail to provide clear title or repeatedly
failed to provide clear title in violation of ORS 822.045.
(h) Knowingly certified false information required by the
department on an application for a vehicle dealer certificate,
supplemental certificate or corrected certificate.
(2) The department shall cancel a vehicle dealer certificate
immediately upon receipt of legal notice that the bond described
under ORS 822.030 is canceled.
(3) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that the certificate of
insurance required under ORS 822.033 is canceled.
(4) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that zoning approval for the
business has been revoked.
{ + (5) In addition to any grounds otherwise provided in this
section, if the vehicle dealer deals exclusively in manufactured
structures, the department shall cancel or revoke a vehicle
dealer certificate if the dealer is convicted of a felony or
misdemeanor involving the sale or lease of a manufactured
structure and the department determines that the act underlying
the conviction demonstrates unfitness to deal in manufactured
structures. The department may not cancel or revoke a certificate
if the conviction is set aside as provided in ORS 137.225. + }
{ - (5) - } { + (6) + } Upon revocation, cancellation or
suspension of a vehicle dealer certificate under this section,
the department shall recall and demand the return of the
certificate and any vehicle dealer plates issued.
SECTION 3. { + (1) Section 1 of this 2001 Act applies to
applications filed on or after the effective date of this 2001
Act.
(2) The amendments to ORS 822.050 by section 2 of this 2001 Act
apply to convictions entered on or after the effective date of
this 2001 Act. + }
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