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 4349
 
                           A-Engrossed
 
                         House Bill 4001
                  Ordered by the Senate July 4
            Including Senate Amendments dated July 4
 
Sponsored by Representative DEVLIN; Representative WILSON (at the
  request of American Plastics Council)
 
 
                             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.
 
  Creates lien for molder who maintains possession of die if
molder is not fully paid for manufacturing or fabrication work
under certain circumstances. Allows molder to possess die until
fully paid and sell die if unpaid for 60 days.
 
                        A BILL FOR AN ACT
Relating to liens for molders; creating new provisions; and
  amending ORS 98.485.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  Sections 2 to 4 of this 2001 Act are added to
and made a part of ORS chapter 87. + }
  SECTION 2.  { + For purposes of sections 2 to 4 of this 2001
Act, ' customer,' 'mold' and 'molder' have the meanings given
those terms in ORS 98.470. + }
  SECTION 3.  { + (1) If a molder does not retain title to a mold
that the molder fabricated, molded, cast or made for a customer
or if a molder performs manufacturing, assembly or fabrication
work using a mold furnished by a customer, the molder shall have
a lien on a mold that is retained by the molder. The amount of
the lien shall be equal to the balance due to the molder from the
customer for any manufacturing, assembly or fabrication work,
including the value of materials. The molder may retain
possession of the mold until the amount is paid.
  (2) The molder shall serve notice of the lien to the customer
by registered mail with return receipt requested to the last
known address of the customer or by personal service. The notice
of the lien shall:
  (a) State that a lien is claimed for the amount described in
subsection (1) of this section for manufacturing, assembly or
fabrication work performed for the customer; and
  (b) Demand payment of the amount within 60 days after service.
  (3) If the molder is not paid the amount due within 60 days
after receipt of the notice of lien by the customer and the
molder complies with section 4 of this 2001 Act, the molder may
sell the mold at a public sale. + }
  SECTION 4.  { + (1) Before a molder may sell a mold pursuant to
section 3 of this 2001 Act, the molder shall notify the customer
of the sale by registered mail with return receipt requested. The
notice shall include:
  (a) The molder's intention to sell the mold 30 days after the
customer receives the notice;
  (b) A description of the mold to be sold;
  (c) The time and place of the sale; and
  (d) An itemized statement for the amount due.
  (2) If the notice is returned to sender as undeliverable, the
molder shall publish the notice in a newspaper of general
circulation in the area of the last known place of business of
the customer.
  (3) If the mold is sold for a sum greater than the amount of
the lien, the excess shall be paid to any prior recorded
lienholder and any remainder to the customer, if the customer's
address is known to the molder at the time of the sale, or to the
General Fund, if the customer's address is unknown.
  (4) The molder may not sell the mold if it would be in
violation of any right of the customer under federal law. + }
  SECTION 5. ORS 98.485 is amended to read:
  98.485. If a molder does not choose to exercise the rights
provided under ORS 98.475 { +  or sections 2 to 4 of this 2001
Act + }, the molder shall render the mold unusable as a mold and
destroy or otherwise dispose of the mold.
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