71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2964
Sponsored by COMMITTEE ON SMART GROWTH AND COMMERCE (at the
request of Oregon Independent Automobile Dealers)
CHAPTER ................
AN ACT
Relating to motor vehicle dealer certificates; amending ORS
822.020 and 822.035.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 822.020 is amended to read:
822.020. { + Except as provided in ORS 822.035 (8), + } the
Department of Transportation shall issue a vehicle dealer
certificate to any person if the person meets all of the
following requirements:
(1) The person must complete the application for a dealer
certificate described under ORS 822.025.
(2) The person must deliver to the department a bond or letter
of credit that meets the requirements under ORS 822.030.
(3) The person must deliver to the department a certificate of
insurance that meets the requirements established by ORS 822.033.
(4) The person must pay the fee required under ORS 822.700 for
issuance of a vehicle dealer certificate.
(5) The person must certify completion of the education and
test requirements of ORS 822.027 (1) if the person is a dealer
subject to the education and test requirements.
SECTION 2. ORS 822.035 is amended to read:
822.035. The Department of Transportation:
(1) Upon receipt of an application for a vehicle dealer
certificate, shall examine the application and may make an
individual investigation relative to statements contained in the
application.
(2) Upon being satisfied that an applicant is entitled to a
vehicle dealer certificate and that the proper fees have been
paid for the certificate, shall assign the vehicle dealer a
distinctive dealer number that allows the dealer to conduct
business under the certificate and shall forward to the dealer a
vehicle dealer certificate stating thereon the dealer's number.
(3) Has authority to determine whether or not an applicant for
a vehicle dealer certificate is a vehicle dealer.
(4) Has authority to make suitable rules for the issuance of
vehicle dealer certificates to expire consistently with ORS
822.040.
(5) { - Shall - } { + May + } make inspections of any
vehicle dealer records required under ORS 822.045 and of any
vehicles included in a vehicle dealer's inventory or located on
the vehicle dealer's premises. Inspections { - required - }
{ + authorized + } by this subsection
Enrolled House Bill 2964 (HB 2964-A) Page 1
{ - shall - } { + may + } be conducted by the department at
reasonable intervals, during normal business hours, and
{ - shall - } { + may + } not exceed a scope of inspection
necessary for the department to determine the following:
(a) A vehicle dealer's compliance with statutes regulating
vehicle dealers under the vehicle code;
(b) A vehicle dealer's compliance with those provisions of the
vehicle code regulating the titling and registration of vehicles;
(c) A vehicle dealer's compliance with rules adopted by the
department relating to the regulation of vehicle dealers and the
registration and titling of vehicles; and
(d) The identification of stolen vehicles.
(6) Shall provide a vehicle dealer with plates or devices
authorized under ORS 805.200 to allow the exercise of the
privileges granted under ORS 822.040.
(7) May provide a vehicle dealer with identification cards in
the names of the owners of the business or in the names of
authorized employees of the business.
{ + (8) May not issue a vehicle dealer certificate under ORS
822.020 to an applicant who has been issued a similar certificate
from another jurisdiction that has been revoked or is currently
suspended unless the applicant possesses a current, valid vehicle
dealer certificate issued under ORS 822.020.
(9) May not use the revocation or suspension by another state
of a vehicle dealer certificate or similar certificate as a basis
for refusing to allow a vehicle dealer holding a current, valid
vehicle dealer certificate issued under ORS 822.020 to obtain a
vehicle dealer certificate under ORS 822.020 or a supplemental
certificate under ORS 822.040 or to renew a certificate under ORS
822.040. + }
{ - (8) - } { + (10) + } May adopt any reasonable rules
necessary for the administration of the laws relating to the
regulation of vehicle dealers, the issuance of vehicle dealer
certificates, the issuance of vehicle dealer identification cards
and the issuance of vehicle dealer plates. The rules adopted
under this subsection must be consistent with the statutory
provisions of the vehicle code. The rules may include, but are
not limited to, grounds and procedures for the revocation, denial
or suspension of vehicle dealer certificates and for placing
vehicle dealers on probationary status.
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Passed by House May 17, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 11, 2001
...........................................................
President of Senate
Enrolled House Bill 2964 (HB 2964-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2964 (HB 2964-A) Page 3