72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 468
LC 994/SB 468-1
SENATE AMENDMENTS TO
SENATE BILL 468
By COMMITTEE ON TRANSPORTATION AND ECONOMIC DEVELOPMENT
March 24
On page 1 of the printed bill, line 5, after '390.134, ' insert
'446.423,' and after '455.010,' insert '455.230,'.
In line 6, after '696.800,' insert '705.145, 801.020,'.
In line 9, after '803.660,' insert '810.530,'.
In line 25, delete 'manufactured structure' and after '
permits' insert 'under ORS 818.200'.
On page 3, line 23, delete '23' and insert '23a'.
In line 25, delete '23' and insert '23a'.
In line 35, after 'include' insert 'a mobile modular unit as
defined in ORS 308.866 or'.
In line 40, delete '(1)'.
In line 42, delete '(a)' and insert '(1)'.
Delete line 43.
In line 44, delete '(c)' and insert '(2)'.
After line 45, insert:
' (3) The manufactured structure identification number as
described by department rule.
' (4) Any other information required by department rule.'.
On page 4, delete lines 1 through 3.
In line 7, after '10.' insert '(1)' and delete 'section 9' and
insert 'sections 9 and 11'.
In line 8, delete 'real' and insert 'deed'.
In line 9, delete 'property'.
In line 10, delete '(1)' and insert '(a)'.
In line 11, delete '(2)' and insert '(b)'.
After line 12, insert:
' (c) Manufactured structures exempted under section 20 (2) of
this 2003 Act.
' (2) Notwithstanding sections 9 and 11 of this 2003 Act, an
ownership document is not required for a manufactured structure
recorded in the county deed records as provided in section 21 of
this 2003 Act.'.
In line 16, after 'subsection' delete the rest of the line.
In line 17, delete '(2) of this 2003 Act'.
Delete lines 24 and 25 and insert:
' (b)(A) For a new manufactured structure, except as provided
in subparagraph (C) of this paragraph, the application must be
filed on behalf of the owner by the manufactured structure dealer
as provided in section 39 of this 2003 Act or by an escrow agent
as provided in section 14 of this 2003 Act.
' (B) For a used manufactured structure, except as provided in
subparagraph (C) of this paragraph, the owner must file the
application with the county assessor for the county in which the
manufactured structure is sited.
' (C) If a dealer or escrow agent refuses to file an
application as required by subparagraph (A) of this paragraph, or
if a county assessor refuses to accept an application in
appropriate form as required by subparagraph (B) of this
paragraph, the owner may file an application for an ownership
document directly with the department.'.
In line 30, after 'all' insert 'security'.
In line 32, before 'interests' insert 'security'.
Delete lines 44 and 45.
On page 5, line 42, after 'number' delete the rest of the line
and line 43 and insert 'as described by department rule.'.
On page 6, line 7, delete 'assigned by the manufacturer ' and
insert 'as described by rule of the Department of Consumer and
Business Services'.
On page 7, line 12, delete 'on the' and insert 'in the
manufactured structure'.
In line 13, after 'ment' insert 'records of the Department of
Consumer and Business Services'.
In line 18, after the period delete the rest of the line and
line 19 and insert 'The'.
In line 20, delete the second 'the' and insert 'a new or
updated'.
In line 29, after 'structure' insert 'ownership document'.
In line 35, delete 'real property' and insert 'deed'.
In line 36, delete 'clerk' and insert 'assessor' and after
'unreleased' insert 'security'.
In line 37, delete 'clerk' and insert 'assessor' and after
'information' delete the rest of the line and line 38 and insert
'for the structure in the deed records.'.
In line 39, delete 'real property' and insert 'deed'.
In line 40, delete 'real' and insert 'deed'.
Delete line 41 and insert 'records satisfies the requirement in
ORS 72A.3095 that the security interest be recorded as a mortgage
on real estate and is effective as a financing statement
perfect-'.
Delete line 43 and insert:
' (5) If a manufactured structure ceases to be exempt from the
ownership document requirement, upon recording the termination of
the exemption in the deed records,'.
In line 44, delete 'county,'.
In line 45, delete 'real property' and insert 'deed'.
On page 9, line 19, delete 'subsection (3)' and insert '
subsections (3) and (5)'.
After line 36, insert:
' (5) The movement or sale of a manufactured structure
described in subsection (1) of this section does not require the
owner to obtain an ownership document if:
' (a) The move or sale will qualify the manufactured structure
for recording in the deed records of a county under section 21 of
this 2003 Act; and
' (b) The person who will own the structure after the move or
sale files an affidavit with the Department of Consumer and
Business Services prior to the move or sale stating that the
person will apply within 25 business days after completion of the
move or sale to have the manufactured structure recorded in the
county deed records.'.
In line 37, delete '(5)' and insert '(6)'.
In line 41, delete 'REAL PROPERTY' and insert 'DEED'.
Delete lines 43 through 45.
On page 10, delete lines 1 through 13 and insert:
' { + SECTION 21. + } { + (1) The owner of a manufactured
structure that is under common ownership with the land on which
the structure is sited may apply to the county assessor to have
the structure recorded in the deed records of the county. The
application must be on a form approved by the Department of
Consumer and Business Services. If the structure is being sold by
a manufactured structure dealer, the dealer may file the
application on behalf of the owner at the time the dealer
notifies the county assessor of the sale under ORS 308.253.
' (2) If the assessor, as agent for the department, determines
that the manufactured structure qualifies for recording in the
deed records of the county, the assessor shall record the
structure in the deed records. The assessor shall note in the
deed records any unreleased security interest in the manufactured
structure. If the department has issued an ownership document for
the manufactured structure, the owner must submit the ownership
document to the assessor with the application described in
subsection (1) of this section. Upon recording the manufactured
structure in the deed records, the assessor shall send the
ownership document to the department for cancellation. The
department shall cancel the ownership document and send
confirmation of the cancellation to the assessor and the owner.
' (3) The recording of a security interest in the deed records
of the county under this section satisfies the requirements for
filing a financing statement for a fixture to real property under
ORS 79.0502. The recording of a manufactured structure in the
deed records of the county is independent of the assessment and
taxation of the structure as real property under ORS 308.875. The
recording of a manufactured structure in the deed records of the
county makes the structure subject to the same provisions of law
applicable to any other building, housing or structure on the
land. However, the manufactured structure may not be sold
separately from the land unless the owner complies with
subsection (4) of this section.
' (4) The owner of a manufactured structure that is recorded in
the deed records of the county may apply to have the structure
removed from the deed records and an ownership document issued
for the structure. Unless the manufactured structure is subject
to section 22 of this 2003 Act, the owner must apply to the
county assessor, as agent for the department, for an ownership
document as provided in section 11 of this 2003 Act. Upon
approval of the application, the assessor shall terminate the
recording of the manufactured structure in the deed records. + }
' .
In line 18, delete 'county tax collector' and insert '
Department of Consumer and Business Services'.
In line 19, after 'permit' insert 'on behalf of the department'
and delete 'with the county tax' and insert 'in the manner and
form required by department rule'.
In line 20, delete 'collector'.
In line 22, after 'ment' insert 'acceptable to the department'
and delete 'real' and insert 'deed'.
In line 23, delete the first 'property'.
In line 27, after 'the' insert 'department' and delete the rest
of the line.
In line 28, delete 'Business Services'.
Delete lines 29 through 31.
In line 32, delete '(3)(a)' and insert '(2)(a)' and delete 'a
county tax collector' and insert 'the department'.
In line 34, delete 'against the structure'.
In line 35, after 'lien' insert 'against the structure'.
In line 36, after the period delete the rest of the line and
lines 37 through 39.
In line 42, delete '(4)' and insert '(3)'.
On page 11, line 2, delete '(5)' and insert '(4)' and delete
'tax collector' and insert 'assessor'.
Delete lines 3 through 5 and insert 'have been paid, the
assessor may issue a trip permit on behalf of the department and
shall forward the application information to the department.'.
In line 6, delete 'factured structure.'.
In line 8, delete 'situs' and insert 'information'.
In line 10, delete '(6)' and insert '(5)'.
In line 11, delete '(5)' and insert '(4)'.
In line 13, after 'to' delete the rest of the line and insert
'any other holders of unreleased security interests in the
structure'.
In line 14, delete 'sent the application to the department'.
Delete lines 16 through 23.
In line 24, delete '(9)' and insert '(6)'.
Delete lines 27 and 28.
In line 29, delete '(11)' and insert '(7)' and delete ' (9)'
and insert '(6)'.
In line 30, delete '10' and insert '10 (1)(a) or (b)'.
After line 30, insert:
' { + SECTION 22a. + } { + (1) For a new manufactured
structure, the manufactured structure dealer must obtain the trip
permit on behalf of the owner. If the dealer fails to obtain the
trip permit prior to the scheduled moving date, the vehicle
transporter must obtain the trip permit on behalf of the owner.
' (2) For a used manufactured structure, the owner must obtain
a trip permit from the county assessor for the county in which
the manufactured structure is sited.
' (3) Notwithstanding subsections (1) and (2) of this
subsection, if a dealer or vehicle transporter refuses to obtain
a trip permit as required by subsection (1) of this section, or
if a county assessor refuses to issue a trip permit to an owner
who has complied with section 22 of this 2003 Act, the owner may
apply directly to the Department of Consumer and Business
Services for a trip permit.
' (4) The department may issue trip permits in bulk to a
manufactured structure dealer or vehicle transporter. + } ' .
In line 34, delete the comma.
Delete line 35 and insert 'for which there is an ownership
document issued under section 18 of this 2003 Act or a structure
described in section 20 of this 2003 Act, the seller shall give'.
Delete lines 43 through 45 and insert:
' (c) For each holder of an unreleased security interest:
' (A) A signed statement recorded on the ownership document for
the manufactured structure acknowledging that the interest holder
is aware of the sale; or
' (B) Documentation satisfactory to the department showing that
acknowledgement by the holder was requested but the holder has
not responded.'.
On page 12, line 11, after 'assessor' insert a period and
delete the rest of the line and line 12.
In line 19, delete the second 'assessor' and insert '
department as provided by rule'.
Delete lines 24 through 26 and insert:
' { + SECTION 23a. + } { + (1) The Department of Consumer
and Business Services may adopt rules necessary for carrying out
the duties, functions and powers of the department under sections
9 to 23a of this 2003 Act.
' (2) The department shall adopt appropriate fees to cover the
cost of services rendered under sections 9 to 23a of this 2003
Act by the department and by a county as agent for the
department.
' (3) A county carrying out functions under sections 9 to 23a
of this 2003 Act related to manufactured structure ownership
documents and trip permits is an agent of the department with
regard to those functions. + } ' .
On page 13, line 32, delete 'real property' and insert ' deed'.
On page 14, line 6, after 'structures' insert a period and
delete the rest of the line.
On page 16, delete lines 5 through 13 and insert:
' { + NOTE: + } Section 31 was deleted by amendment.
Subsequent sections were not renumbered.'.
Delete line 26.
On page 19, line 21, delete 'licensed'.
On page 21, line 2, delete ', temporary exhibition license'.
In line 11, after '(1)' insert 'Except as provided in
subsection (6) of this section,'.
In line 19, delete 'manufacturer's'.
On page 22, after line 2, insert:
' (6) This section does not apply to a manufactured structure
for which an application is filed under section 21 of this 2003
Act within 25 business days of the transfer.'.
In line 39, delete 'Man-'.
In line 40, delete 'ufacturer's'.
On page 23, delete line 44.
On page 24, delete lines 1 through 15 and insert:
' { + NOTE: + } Sections 44 through 46 were deleted by
amendment. Subsequent sections were not renumbered.'.
After line 29, insert:
'
{ + DEFINITION FOR PURPOSES OF CERTAIN TAX LAWS + }
' { + SECTION 47a. + } { + As used in ORS 305.288,
'manufactured structure' has the meaning given that term in
section 8 of this 2003 Act. + }
' { + SECTION 47b. + } { + As used in ORS chapters 306, 308,
310 and 311, ' manufactured structure' has the meaning given that
term in section 8 of this 2003 Act. + } ' .
On page 37, line 4, delete the second 'and' and insert a comma
and after '(5)' insert 'and 79.0334'.
On page 38, line 38, after 'or' insert 'a manufactured
structure' and delete 'from' and insert 'or deed record in'.
In line 45, after 'or' insert 'a manufactured structure ' and
delete 'from' and insert 'or deed record in'.
On page 40, line 8, after 'Act' insert 'or by recording in a
county deed record as provided in section 21 of this 2003 Act'.
In line 36, after '18' insert 'or 21'.
On page 41, line 6, after '18' insert 'or 21'.
In line 12, delete the first 'that' and insert 'or records a
manufactured structure in a county deed record and the
certificate, document or record'.
In line 13, delete 'or' and insert a comma.
In line 14, after 'document' insert 'or record'.
In line 17, after 'document' insert 'or recording in the deed
record'.
In line 20, after '18' insert 'or 21'.
In line 21, after 'document' insert 'or recording in the deed
record'.
On page 63, delete lines 37 through 42.
In line 43, delete '(4)' and insert '(3)'.
On page 64, delete lines 10 and 11.
In line 21, delete the boldfaced material and restore the
bracketed material.
On page 65, line 2, after 'shall' insert ', as appropriate,
record the travel trailer in the county deed records or'.
In line 12, after 'shall' insert ', as appropriate, record the
special use trailer in the county deed records or'.
On page 66, line 10, delete 'an application for an' and insert
'the' and after 'document' insert 'application information'.
In line 17, delete 'land' and insert 'remainder of the parcel'.
On page 69, after line 33, insert:
' { + SECTION 74a. + } ORS 446.423 is amended to read:
' 446.423. All moneys deposited to the Consumer and Business
Services Fund that are derived pursuant to ORS 446.003 to
446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420 and
455.220 (1) { + and sections 9 to 23a and 25 to 43 of this 2003
Act + } are continuously appropriated to the Department of
Consumer and Business Services for carrying out any of the
duties, functions and powers of the department under ORS 446.003
to 446.200, 446.210, 446.225 to 446.285 and 446.395 to
446.420 { + and sections 9 to 23a and 25 to 43 of this 2003
Act + }, and rules adopted thereunder { - , without regard to
the source of the moneys - } .'.
On page 70, after line 25, insert:
' { + SECTION 75a. + } ORS 455.230 is amended to read:
' 455.230. (1) Except as otherwise provided by law, all moneys
appropriated or credited to the Consumer and Business Services
Fund and received under this chapter, ORS 447.010 to 447.156,
447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to
479.945, 479.995, 480.510 to 480.670 and ORS chapter 693 hereby
are appropriated continuously for and shall be used by the
director for the purpose of carrying out the duties and
responsibilities imposed upon the department under this chapter,
ORS 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to
460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS
chapter 693 { + and sections 9 to 23a and 25 to 43 of this 2003
Act + }.
' (2) Except as otherwise provided by law, all moneys
appropriated or credited to the Consumer and Business Services
Fund and received under ORS 446.003 to 446.200, 446.210, 446.225
to 446.285, 446.395 to 446.420 and 455.220 (1) { + and sections
9 to 23a and 25 to 43 of this 2003 Act + }hereby are
appropriated continuously for and shall be used by the director
for the purpose of carrying out the duties and responsibilities
imposed upon the department under ORS 446.003 to 446.200,
446.210, 446.225 to 446.285 and 446.395 to 446.420 { - , - }
{ + and sections 9 to 23a and 25 to 43 of this 2003 Act,
and + } education and training programs pertaining thereto { - ,
and rules adopted thereunder, without regard to the source of the
moneys - } .'.
In line 37, delete '23' and insert '23a'.
On page 71, line 24, delete 'section 9, 22 or 23' and insert 'a
provision of sections 9 to 23a' and after 'Act ' insert 'and the
violation relates to a filing or failure to file with a county
assessor functioning as agent of the department'.
On page 76, after line 42, insert:
' { + SECTION 84a. + } ORS 705.145 is amended to read:
' 705.145. (1) There is created in the State Treasury a fund to
be known as the Consumer and Business Services Fund, separate
from the General Fund. All moneys collected or received by the
Department of Consumer and Business Services, except moneys
collected pursuant to ORS 735.612 and those moneys required to be
paid into the Workers' Benefit Fund, shall be paid into the State
Treasury and credited to the Consumer and Business Services Fund.
Moneys in the fund may be invested in the same manner as other
state moneys and any interest earned shall be credited to the
fund.
' (2) The department shall keep a record of all moneys
deposited in the Consumer and Business Services Fund that shall
indicate, by separate account, the source from which the moneys
are derived, the interest earned and the activity or program
against which any withdrawal is charged.
' (3) Should moneys credited to any one account be withdrawn,
transferred or otherwise used for purposes other than the program
or activity for which the account is established, interest shall
accrue on the amount withdrawn from the date of withdrawal and
until such funds are restored.
' (4) Moneys in the fund shall provide and are appropriated for
the administrative expenses of the department and for its
expenses in carrying out its functions and duties under any
provision of law.
' (5) Except as provided in ORS 705.165, it is the intention of
the Legislative Assembly that the performance of the various
duties and functions of the department in connection with each of
its programs shall be financed by the fees, assessments and
charges established and collected in connection with those
programs.
' (6) There is created by transfer from the Consumer and
Business Services Fund a revolving administrative account in the
amount of $100,000. The revolving account shall be disbursed by
checks or orders issued by the director or the Workers'
Compensation Board and drawn upon the State Treasury, to carry on
the duties and functions of the department and the board. All
checks or orders paid from the revolving account shall be
reimbursed by a warrant drawn in favor of the department charged
against the Consumer and Business Services Fund and recorded in
the appropriate subsidiary record.
' (7) For the purposes of ORS chapter 656, the revolving
account created pursuant to subsection (6) of this section may
also be used to:
' (a) Pay compensation benefits; and
' (b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS
chapter 656.
' (8) Notwithstanding subsections (2), (3) and (5) of this
section, the moneys derived pursuant to ORS 446.003 to 446.200,
446.210, 446.225 to 446.285, 446.395 to 446.420 and 455.220 (1)
{ + and sections 9 to 23a and 25 to 43 of this 2003 Act + }and
deposited to the fund, interest earned on those moneys and
withdrawals of moneys for activities or programs under ORS
446.003 to 446.200, 446.210, 446.225 to 446.285 and 446.395 to
446.420 { + and sections 9 to 23a and 25 to 43 of this 2003
Act + }, or education and training programs pertaining thereto,
must be assigned to a single account within the fund.
' (9) Notwithstanding subsections (2), (3) and (5) of this
section, the moneys derived pursuant to ORS 455.240 or 460.370 or
from state building code or specialty code program fees for which
the amount is established by department rule pursuant to ORS
455.020 (2) and deposited to the fund, interest earned on those
moneys and withdrawals of moneys for activities or programs
described under ORS 455.240 or 460.310 to 460.370 { + and
sections 9 to 23a and 25 to 43 of this 2003 Act + }, structural
or mechanical specialty code programs or activities for which a
fee is collected under ORS 455.020 (2), or programs described
under subsection (10) of this section that provide training and
education for persons employed in producing, selling, installing,
delivering or inspecting manufactured structures or manufactured
dwelling parks or recreation parks, must be assigned to a single
account within the fund.
' (10) Notwithstanding ORS chapter 279, the department may,
after consultation with the appropriate specialty code advisory
boards established under ORS 446.280, 455.132, 455.138, 480.535
and 693.115, contract for public or private parties to develop or
provide training and education programs relating to the state
building code and associated licensing or certification programs.
' { + SECTION 84b. + } ORS 801.020 is amended to read:
' 801.020. This section contains statements of purpose or
intent that are applicable to portions of the vehicle code as
described in the following:
' (1) The provisions of the vehicle code and other statutory
provisions described in this subsection are an exercise of the
police powers of this state, and the purpose, object and intent
of the sections is to provide a comprehensive system for the
regulation of all motor and other vehicles in this state. This
subsection is applicable to the following:
' { - (a) Those portions of ORS 308.865 relating to the duties
of the Department of Transportation. - }
' { - (b) - } { + (a) + } Those provisions of the vehicle
code relating to the administration of the department.
' { - (c) - } { + (b) + } Those provisions of the vehicle
code relating to the registration and titling of vehicles.
' { - (d) - } { + (c) + } Those provisions of the vehicle
code relating to the regulation of the businesses of vehicle
dealers, wreckers, vehicle transporters, driver training schools
and instructors and the towing and recovery of vehicles.
' { - (e) - } { + (d) + } Those provisions relating to the
transfer and alteration of vehicles.
' (2) It is the policy of this state to promote and encourage
the fullest possible use of its highway system by authorizing the
making and execution of motor vehicle reciprocal or proportional
registration agreements, arrangements and declarations with other
states, provinces, territories and countries with respect to
vehicles registered in this and such other states, provinces,
territories and countries, thus contributing to the economic and
social development and growth of this state.
' (3) The provisions described in this subsection shall be
applicable and uniform throughout this state and in all political
subdivisions and municipalities therein and on the ocean shore
which has been or may hereafter be declared a state recreation
area. This subsection applies to provisions of the vehicle code
relating to abandoned vehicles, vehicle equipment, regulation of
vehicle size, weight and load, the manner of operation of
vehicles and use of roads by persons, animals and vehicles.
' (4) The provisions of the vehicle code applicable to drivers
of vehicles upon the highways shall apply to the drivers of all
vehicles owned or operated by the United States, this state or
any county, city, district or any other political subdivision of
this state, subject to such specific exceptions as are set forth
in the vehicle code.
' (5) Except as provided otherwise by federal law, the
provisions of the vehicle code shall be applicable and uniform on
federal lands within this state.
' (6) Except as provided otherwise by federal law, traffic
rules and regulations which are promulgated by a federal
authority having jurisdiction over federal lands within this
state and which vary from the provisions of the vehicle code
shall be the law of the local authority within whose boundaries
the federal land is located, and enforceable as such, if:
' (a) Local authorities are authorized to vary in the same
manner under the provisions of the vehicle code; and
' (b) Prior approval for the variance has been obtained by the
federal authority from the governing body of the local authority
within whose boundaries the federal land is located.
' (7) The vehicle code shall govern the construction of and
punishment for any vehicle code offense committed after June 27,
1975, the construction and application of any defense to a
prosecution for such an offense and any administrative
proceedings authorized or affected by the vehicle code.
' (8) When all or part of a vehicle code statute is amended or
repealed, the statute or part thereof so amended or repealed
remains in force for the purpose of authorizing the accusation,
prosecution, conviction and punishment of a person who violated
the statute or part thereof before the effective date of the
amending or repealing Act.
' (9) The provisions of the vehicle code described in this
subsection relating to the operation of vehicles refer
exclusively to operation of vehicles upon highways and the ocean
shore which has been or may hereafter be declared to be a state
recreation area, except where the vehicle code specifically
provides otherwise. This subsection applies to the provisions of
the vehicle code relating to abandoned vehicles, vehicle
equipment, regulation of vehicle size, weight and load, the
manner of operation of vehicles and use of roads by persons,
animals and vehicles.
' (10) All reciprocity and proportional registration
agreements, arrangements and declarations relating to vehicles,
in force and effect on August 22, 1969, shall continue in force
and effect until specifically amended or revoked as provided by
law or by such arrangements or agreements.
' (11) It is hereby declared to be the policy of this state:
' (a) To provide maximum safety for all persons who travel or
otherwise use the public highways of this state;
' (b) To deny the privilege of operating motor vehicles on the
public highways to persons who by their conduct and record have
demonstrated their indifference for the safety and welfare of
others and their disrespect for the laws of the state, the orders
of its courts and the statutorily required acts of its
administrative agencies; and
' (c) To discourage repetition of criminal acts by individuals
against the peace and dignity of the state and its political
subdivisions and to impose increased and added deprivation of the
privilege to operate motor vehicles upon habitual offenders who
have been convicted repeatedly of violations of traffic laws.
' (12) If any of the provisions under ORS 818.200 relating to
variance permits are found to contravene section 127 of title 23,
United States Code, it shall not serve to render inoperative any
remaining of such provisions that may be held not to conflict
with that federal law.'.
On page 87, delete lines 36 and 37.
On page 107, lines 35 through 39, delete the boldfaced
material.
On page 109, lines 8 through 23, delete the boldfaced material.
Delete lines 26 through 31.
After line 45, insert:
' { + SECTION 119a. + } ORS 810.530 is amended to read:
' 810.530. (1) A weighmaster or motor carrier enforcement
officer in whose presence an offense described in this subsection
is committed may arrest or issue a citation for the offense in
the same manner as under ORS 810.410 as if the weighmaster or
motor carrier enforcement officer were a police officer. This
subsection applies to the following offenses:
' (a) Violation of maximum weight limits under ORS 818.020.
' (b) Violation of posted weight limits under ORS 818.040.
' (c) Violation of administratively imposed weight or size
limits under ORS 818.060.
' (d) Violation of maximum size limits under ORS 818.090.
' (e) Exceeding maximum number of vehicles in combination under
ORS 818.110.
' (f) Violation of posted limits on use of road under ORS
818.130.
' (g) Violation of towing safety requirements under ORS
818.160.
' (h) Operating with sifting or leaking load under ORS 818.300.
' (i) Dragging objects on highway under ORS 818.320.
' (j) Unlawful use of devices without wheels under ORS 815.155.
' (k) Unlawful use of metal objects on tires under ORS 815.160.
' (L) Operation without pneumatic tires under ORS 815.170.
' (m) Operation in violation of vehicle variance permit under
ORS 818.340.
' (n) Failure to carry and display permit under ORS 818.350.
' (o) Failure to comply with commercial vehicle enforcement
requirements under ORS 818.400.
' { - (p) Violation of manufactured structure trip permit
requirements under ORS 803.600. - }
' { - (q) - } { + (p) + } Violation of any provision of ORS
chapter 825.
' { - (r) - } { + (q) + } Operation without proper fenders
or mudguards under ORS 815.185.
' { - (s) - } { + (r) + } Vehicle operating without driving
privileges in violation of ORS 807.010 if the person is operating
a commercial motor vehicle and the person does not have a
commercial driver license or does not have an appropriate permit.
' { - (t) - } { + (s) + } Violation driving while suspended
or revoked in violation of ORS 811.175 if the person is operating
a commercial motor vehicle while the person's commercial driver
license is suspended or revoked.
' { - (u) - } { + (t) + } Failure to use vehicle traction
tires or chains in violation of ORS 815.140 if the person is
operating a motor vehicle subject to ORS chapter 825 or 826.
' (2) A weighmaster or motor carrier enforcement officer in
whose presence an offense described in this subsection is
committed by a person operating a commercial motor vehicle may
issue a citation for the offense. A weighmaster or motor carrier
enforcement officer who finds evidence that an offense described
in this subsection has been committed by a person operating a
commercial motor vehicle or by a motor carrier for which the
person is acting as an agent may issue a citation for the
offense. A weighmaster or motor carrier enforcement officer
issuing a citation under this subsection has the authority
granted a police officer issuing a citation under ORS 810.410. A
citation issued under this subsection to the operator of a
commercial motor vehicle shall be considered to have been issued
to the motor carrier that owns the commercial motor vehicle if
the operator is not the owner. This subsection applies to the
following offenses, all of which are Class A traffic violations
under ORS 825.990 (1):
' (a) Repeatedly violating or avoiding any order or rule of the
Department of Transportation.
' (b) Repeatedly refusing or repeatedly failing, after being
requested to do so, to furnish service authorized by certificate.
' (c) Refusing or failing to file the annual report as required
by ORS 825.320.
' (d) Refusing or failing to maintain records required by the
department or to produce such records for examination as required
by the department.
' (e) Failing to appear for a hearing after notice that the
carrier's certificate or permit is under investigation.
' (f) Filing with the department an application that is false
with regard to the ownership, possession or control of the
equipment being used or the operation being conducted.
' (g) Delinquency in reporting or paying any fee, tax or
penalty due to the department under ORS chapter 825 or 826.
' (h) Refusing or failing to file a deposit or bond as required
under ORS 825.506.
' (i) Failing to comply with the applicable requirements for
attendance at a motor carrier education program as required by
ORS 825.402.
' (3) A weighmaster or motor carrier enforcement officer who
finds evidence that a person operating a commercial motor vehicle
has committed the offense of failure to pay the appropriate
registration fee under ORS 803.315 may issue a citation for the
offense in the same manner as under ORS 810.410 as if the
weighmaster or motor carrier enforcement officer were a police
officer.
' (4) The authority of a weighmaster or motor carrier
enforcement officer to issue citations or arrest under this
section is subject to ORS chapter 153.
' (5)(a) A person is a weighmaster for purposes of this section
if the person is a county weighmaster or a police officer.
' (b) A person is a motor carrier enforcement officer under
this section if the person is duly authorized as a motor carrier
enforcement officer by the Department of Transportation.
' (6) A weighmaster or motor carrier enforcement officer may
accept security in the same manner as a police officer under ORS
810.440 and 810.450 and may take as security for the offenses, in
addition to other security permitted under this section, the sum
fixed as the base fine for the offense.
' (7) A weighmaster or motor carrier enforcement officer may
arrest a person for the offense of failure to appear in a
violation proceeding under ORS 153.992 if the violation is based
upon a citation for any offense described in subsection (1) or
(3) of this section except those { + described + } in subsection
(1)(p) { - or (q) - } of this section.
' (8) A weighmaster or motor carrier enforcement officer may
exercise the same authority as a police officer under ORS 810.490
to enforce vehicle requirements and detain vehicles. A person who
fails to comply with the authority of a weighmaster or motor
carrier enforcement officer under this subsection is subject to
penalty under ORS 818.400.'.
On page 112, line 15, after 'the' insert 'county assessor shall
terminate any listing of the travel trailer or special use
trailer in the county deed records or accept any'.
In line 16, after 'trailer' delete the rest of the line and
line 17 and insert 'on behalf of the Department of Consumer and
Business Services. Upon termination of a listing in the county
deed records or cancellation of the ownership document, the
trailer must be'.
Delete lines 27 and 28.
In line 29, delete '(d)' and insert '(c)'.
Delete lines 31 through 33.
On page 125, line 31, delete '23' and insert '23a, 47a and
47b'.
In line 35, delete '23' and insert '23a'.
In line 36, delete '23' and insert '23a'.
On page 126, line 3, delete '47' and insert '47b'.
In line 4, after 'to' insert '74, 75 and 76 to'.
In line 10, after 'Services' insert a period and delete the
rest of the line and line 11.
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