72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2455
 
LC 1925/HB 2455-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2455
 
                 By COMMITTEE ON TRANSPORTATION
 
                            March 31
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions;' and after '822.015' insert ' ;
and declaring an emergency'.
  On page 2, delete lines 11 and 12 and insert:
  ' (12) A lien claimant who sells or offers for sale a vehicle
being sold to foreclose a possessory lien, or sells or offers for
sale a vehicle that was acquired through a possessory lien.
  '  { +  SECTION 2. + }  { + Section 3 of this 2003 Act is added
to and made a part of ORS chapter 822. + }
  '  { +  SECTION 3. + }  { + (1) Notwithstanding ORS 822.015
(12), a lien claimant who sells or offers for sale vehicles being
sold to foreclose possessory liens, or sells or offers for sale
vehicles acquired through possessory liens, shall keep records
sufficient to establish that all vehicles being sold or offered
for sale were acquired by the lien claimant as the result of a
possessory lien.  Records kept in accordance with this subsection
must be made available to the Department of Transportation on
request.
  ' (2) The department may adopt such rules as are necessary to
carry out the provisions of this section, including but not
limited to rules that:
  ' (a) Specify the form in which the records must be kept, how
the records must be maintained and the period for which they must
be retained.
  ' (b) Specify how the records will be provided to the
department if requested.
  ' (3) Rules adopted under this section shall be developed in
consultation with representatives of those lien claimants who may
be affected by this section, including but not limited to towing
business operators.
  ' (4) The department may impose a civil penalty, in an amount
not to exceed $1,000 for each violation, against any person who
violates this section or any rules adopted by the department
under this section. Civil penalties shall be imposed as provided
in ORS 183.090. + }
  '  { +  SECTION 4. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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