72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 136
 
LC 484/SB 136-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 136
 
                    By COMMITTEE ON JUDICIARY
 
                             April 4
 
  On page 1 of the printed bill, line 3, after '79.0516 ' delete
the rest of the line.
  On page 10, delete lines 36 through 38 and insert '(1)(b), the
record on its face reveals, based on factors such as whether the
debtor and the secured party are the same person or whether the
collateral described is within the scope of this chapter, that
the record is being filed for a purpose other than a transaction
that is within the scope of this chapter.'.
  On page 11, delete lines 5 through 31.
  In line 32, delete '4' and insert '3'.
  In line 36, after '(2)' insert '(a)' and delete the boldfaced
material.
  In lines 37 through 42, delete the boldfaced material.
  After line 42, insert:
  ' (b) In the case of a refusal to accept a record under ORS
79.0516 (2)(h), the filing office shall, within the period
specified in paragraph (a) of this subsection, index the
communication regarding the refusal and not the refused record.
The communication must remain indexed for 20 days after the date
of the communication unless, within the 20-day period, the
secured party files a request for a hearing under subsection (5)
of this section. If the secured party files a timely request for
a hearing, the communication must remain indexed until the case
is finally concluded.'.
  On page 12, delete lines 4 through 20 and insert:
  ' (5)(a) If the filing office described in ORS 79.0501 (1)(b)
refuses to accept a record for filing under ORS 79.0516 (2)(h),
the secured party may contest the refusal by filing with the
Secretary of State, within 20 days after the date of the
communication regarding the refusal, a written request for a
hearing before the Secretary of State. The request need not be in
any particular form, but the secured party shall specify the
grounds upon which the secured party considers the refusal
unlawful and shall attach the record to the request.
  ' (b) The Secretary of State may not grant a hearing unless a
secured party files a request for a hearing within the period
specified in paragraph (a) of this subsection. If a secured party
files a timely request for a hearing, the Secretary of State
shall hold a hearing in accordance with the applicable provisions
of ORS 183.310 to 183.550.
  ' (c) The Secretary of State may delegate to a hearing officer
appointed by the Secretary of State all or part of the authority
to conduct hearings under this subsection.
  ' (d) If the Secretary of State or the hearing officer
determines that the record should not have been refused, the
filing office shall index the record as of the date the record
was originally presented for filing.
  ' (e) Final orders issued in a proceeding under this subsection
are subject to review by the Court of Appeals as provided in ORS
183.480 and 183.482.'.
  In line 21, delete '5' and insert '4' and delete ', 79.0518'.
  In line 22, delete '4' and insert '3'.
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