72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 276
 
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
  Oregon Independent Auto Dealers Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to education requirements for motor vehicle dealers;
  amending ORS 822.027.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 822.027 is amended to read:
  822.027. (1) Except as provided in subsection (2) of this
section, the following education requirements apply to an
applicant for a vehicle dealer certificate under ORS 822.020 or
822.040:
  (a) An applicant for a vehicle dealer certificate under ORS
822.020 must complete a minimum of eight hours of approved
education programs described in subsection   { - (3) - }
 { + (4) + } of this section and pass a test prior to submitting
an application for the certificate; and
  (b) An applicant for a renewal certificate under ORS 822.040
must complete a minimum of five hours per year in a licensing
period of approved continuing education programs described in
subsection   { - (3) - }   { + (4) + } of this section prior to
submitting an application for the renewal certificate.
  (2) The education requirements in subsection (1) { + (a) + } of
this section do not apply to an applicant for a vehicle dealer
certificate under ORS 822.020 or 822.040 if { + , at the time of
application, + } the applicant   { - is: - }  { +  holds another
certificate issued under ORS 822.020 or 822.040.
  (3) The continuing education requirements of subsection (1)(b)
of this section do not apply to an applicant for renewal of a
vehicle dealer certificate under ORS 822.040 if the applicant
is: + }
  (a) A   { - franchised - }  dealer  { + having a franchise in
this state for + }   { - of - }  nationally advertised and
recognized motor vehicles;
  (b) A   { - franchised - }  dealer   { - of - }  { +  having a
franchise in this state for + } new recreational vehicles;
  (c) A   { - nationally franchised or corporate-owned motor
vehicle rental company - }  { +  motor vehicle rental company
having a national franchise under the ownership of a corporation
that operates throughout the United States + };
  (d) A dealer   { - of - }  { +  that primarily sells + }
manufactured dwellings; or
  (e) A national auction company that holds a vehicle dealer
certificate and a wrecker certificate whose primary activity in
this state is the sale or disposition of totaled vehicles.
 
 
Enrolled Senate Bill 276 (SB 276-A)                        Page 1
 
 
 
    { - (3) - }  { +  (4)  + }Education programs and the test
required in subsection (1) of this section may be developed by
any motor vehicle industry organization including, but not
limited to, the Oregon Independent Auto Dealers Association and
shall be submitted to the advisory committee established under
ORS 802.370 for approval. The committee shall approve any program
or test that pertains to the motor vehicle industry and includes
state and federal law in at least the following areas:
  (a) Motor vehicle advertising;
  (b) Odometer laws and regulations;
  (c) Vehicle licensing and registration;
  (d) Unlawful dealer activities;
  (e) Environmental rules and regulations;
  (f) Oregon and industry standard motor vehicle forms;
  (g) Truthful lending practices;
  (h) Motor vehicle financing;
  (i) Service and warranty contracts; and
  (j) Land use regulations governing motor vehicle dealers.
    { - (4) - }  { +  (5) + } Education programs and the test
required in subsection (1) of this section may be provided by
accredited educational institutions, private vocational schools,
correspondence schools or trade associations if the education
programs and test have been approved by the advisory committee
established under ORS 802.370 as required in subsection
 { - (3) - }  { +  (4) + } of this section.
                         ----------
 
 
Passed by Senate April 11, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 8, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 276 (SB 276-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 276 (SB 276-A)                        Page 3