72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to A-Eng. SB 468 (A to RC)
LC 994/SB 468-A5
SENATE AMENDMENTS TO
A-ENGROSSED SENATE BILL 468
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By JOINT COMMITTEE ON WAYS AND MEANS
July 25
On page 1 of the printed A-engrossed bill, line 7, after '
801.397,' insert '801.500,'.
In line 13, after the semicolon insert 'appropriating money;
limiting expenditures;'.
On page 2, after line 9, insert:
' (2) Notwithstanding subsection (1) of this section, if
records and property of the Department of Transportation relate
to a business dealing in both manufactured structures and
vehicles, the Department of Transportation may retain the
original records and property and deliver copies of the records
and property to the Department of Consumer and Business
Services.'.
In line 10, delete '(2)' and insert '(3)'.
On page 4, line 31, after 'Act' insert ', by a lender'.
In line 36, after 'dealer' insert ', lender'.
On page 7, line 3, delete 'fees prescribed by rule' and insert
'appropriate fees'.
In line 6, delete 'documents' and insert 'document'.
On page 9, line 38, delete 'documents' and insert ' document'.
On page 10, line 22, after 'that' delete the rest of the line
and line 23 and insert 'qualifies under this subsection may apply
to the county assessor to have'.
In line 25, after the period insert 'The application must
include a description of the location of the real property on
which the manufactured structure is or will be sited.'.
In line 27, after the period insert 'A manufactured structure
qualifies for recording in the deed records if the owner of the
structure:
' (a) Also owns the land on which the manufactured structure is
located; or
' (b) Is the holder of a recorded leasehold estate of 20 years
or more if the lease specifically permits the manufactured
structure owner to record the structure under this section.'.
In line 29, after 'shall' delete the rest of the line and line
30 and insert 'cause the structure to be recorded in the deed
records. The deed records must contain any unreleased'.
In line 44, after 'land' insert 'or leasehold estate'.
On page 11, after line 7, insert:
' (5) If a manufactured structure described in paragraph (1)(b)
of this section is recorded in the deed records, the owner of the
structure has a real property interest in the manufactured
structure for purposes of:
' (a) Recordation of documents pursuant to ORS 93.600 to
93.800, 93.802, 93.804, 93.806 and 93.808;
' (b) Deed forms pursuant to ORS 93.850 to 93.870;
' (c) Mortgages, trust deeds and other liens pursuant to ORS
86.010 to 86.996 and ORS chapters 87 and 88; and
' (d) Real property tax collection pursuant to ORS chapters 311
and 312. The structure owner is considered the owner of the real
property for purposes of assessing the structure under ORS
308.875.'.
On page 13, line 19, after '(2)' insert 'Except as provided in
subsection (4) of this section,'.
In line 21, after the period insert 'The department may not
vary the fee for issuance or renewal of an ownership document, or
for removal of a manufactured structure from the ownership
document system, based upon the applicant's status as an owner,
dealer or escrow agent.'.
After line 24, insert:
' (4) Unless the department adopts a different fee pursuant to
subsection (2) of this section, the fee amount:
' (a) For issuance of an ownership document is $55.
' (b) For issuance of a trip permit is $5.'.
In line 26, delete 'DEFINITION' and insert 'DEFINITIONS'.
In line 28, delete the comma and insert ':
' (1) 'Manufactured dwelling' has the meaning given that term
in ORS 446.003; and
' (2)'.
In line 33, delete 'may'.
In line 34, after '(1)' insert 'Shall'.
In line 38, after 'Act' insert 'and for temporary or limited
manufactured structure dealer licenses issued under section 29a
or 29b of this 2003 Act, rules for placement of dealers on
probation under section 38 of this 2003 Act'.
In line 40, after '(2)' insert 'May'.
In line 43, after '(3)' insert 'May'.
After line 44, insert:
' (4) May adopt rules regulating manufactured dwelling
salespersons, including but not limited to rules governing the
ability to engage in the occupation of manufactured dwelling
salesperson.'.
On page 14, line 5, after 'Act' insert 'or a temporary or
limited manufactured structure dealer license issued under
section 29a or 29b of this 2003 Act'.
In line 6, delete 'Buys,' and delete 'buy,'.
In line 28, after 'A' insert 'conservator,'.
In line 29, after the period insert 'The exemption provided by
this subsection applies to actions taken for the purposes of
winding up the affairs of a manufactured structure dealer or
dealership and not to the continuing operation of a dealership.
' (4) A real estate licensee representing a buyer or seller in
a transaction involving real property under ORS 308.875 or a
manufactured structure that is recorded in the deed records of a
county.'.
Delete line 30.
On page 15, line 1, delete the comma.
Delete lines 2 and 3 and insert 'and is participating in a
temporary exhibition of manufactured structures, if the
exhibition includes at least two other manufactured structure
dealers licensed in this state or another jurisdiction, lasts 10
days or less and charges admission to the public. An exemption
may be claimed under this subsection for a total of not more than
10 days during a calendar year.'.
After line 6, insert:
' (12) A manufactured dwelling park or mobile home park owner
that consigns a manufactured structure for sale by a licensed
manufactured structure dealer.
' (13) The sale of an abandoned manufactured dwelling by a
manufactured dwelling park owner pursuant to ORS 90.675 (10) if
the park owner makes a reasonable effort to transfer the title
for the manufactured dwelling to the purchaser.
' (14) A licensed real estate agent acting in the employ of, on
behalf of or under the supervision of a person that is both a
licensed real estate broker and a licensed manufactured structure
dealer.
' (15) A financial institution or trust company acting as
attorney in fact under a duly executed power of attorney from the
owner or purchaser authorizing the selling, leasing or exchanging
of the owner's or purchaser's assets. As used in this subsection,
' financial institution' and 'trust company' have the meanings
given those terms in ORS 706.008.'.
In line 14, delete 'adopted pursuant to' and insert ' specified
in'.
Delete lines 29 through 36 and insert:
' (f) If the street address where the dealer will conduct the
business is in a residential zone, a statement by the dealer that
all manufactured structures sold or displayed at that address
will meet any architectural and aesthetic standards regulating
the placement of manufactured structures in that residential
zone.'.
On page 16, line 5, delete 'adopted pursuant to' and insert '
specified in'.
In line 10, delete 'or' and insert 'and'.
In line 11, delete 'or' and insert 'and'.
Delete lines 17 through 23 and insert:
' (A) For a business that will be conducted in a residential
zone, a statement by the dealer that all manufactured structures
sold or displayed at that address will meet any architectural and
aesthetic standards regulating the placement of manufactured
structures in that residential zone.'.
After line 29, insert:
' { + SECTION 29a. + } { + (1) If a licensed manufactured
structure dealer dies or becomes incapacitated, the Department of
Consumer and Business Services may issue a temporary manufactured
structure dealer license to the executor, administrator or
personal representative of the estate of the dealer or to an
agent of the dealer approved by the department. A temporary
license issued under this subsection expires after six months,
but the department may extend the license for good cause. The
department may not extend a temporary license if the license has
been suspended or the licensee placed on probation by the
department.
' (2) A person issued a temporary manufactured structure dealer
license must deliver to the department a bond or letter of credit
that meets the requirements under section 33 of this 2003 Act. A
bond or letter of credit covering a license term of less than one
year must be for the sum otherwise required for each year a
license is valid and must be renewed if the term is extended.
The temporary manufactured structure dealer is responsible for
ensuring that, during the term of the temporary license, the
dealership and its employees comply with sections 25 to 43 of
this 2003 Act and rules adopted thereunder. This subsection does
not relieve a manufactured structure dealer licensed under
section 28 or 29 of this 2003 Act from liability for a violation
arising out of actions or omissions by the dealer.
' (3) Notwithstanding section 36 of this 2003 Act:
' (a) Issuance of a temporary manufactured structure dealer
license does not, by itself, affect the rights or interests of
any creditors of the dealer in dealership assets or inventory.
' (b) Issuance or expiration of a temporary license is not a
transfer of interest for purposes of section 39 of this 2003 Act.
' (4) A person obtaining a temporary manufactured structure
dealer license must pay the applicable fee specified in section
32 of this 2003 Act for issuance of a temporary manufactured
structure dealer license. + }
'
{ + LIMITED DEALER LICENSE + }
' { + SECTION 29b. + } { + (1) A person who holds a limited
manufactured structure dealer license issued under this section
may sell during a calendar year up to 10 manufactured dwellings
located at a manufactured dwelling park identified in the
license. The manufactured dwellings sold under a limited
manufactured structure dealer license must be dwellings that:
' (a) Have been abandoned as described in ORS 90.675 at any
manufactured dwelling park. If the manufactured dwelling is not
subject to sale by the limited manufactured structure dealer
under ORS 90.675 (10), the dealer must have the certificate of
title or registration for the dwelling transferred to the dealer
prior to offering the dwelling for sale; or
' (b) Have been purchased by the park owner from a person
holding title, and at the time of purchase by the park owner,
were sited in the manufactured dwelling park identified in the
license.
' (2) Notwithstanding ORS 90.525, if a limited manufactured
structure dealer sells a manufactured dwelling that was abandoned
at a manufactured dwelling park other than the park where the
dwelling is being sold, the sale terms for the manufactured
dwelling must require that the dwelling is to be sited under a
rental agreement at the park where sold for at least 12 months
following the sale.
' (3) Except as provided in section 38 of this 2003 Act, the
Department of Consumer and Business Services shall issue a
limited manufactured structure dealer license to a person if the
person:
' (a) Owns or operates a manufactured dwelling park as defined
in ORS 446.003;
' (b) Submits a completed application for a limited
manufactured structure dealer license in a form approved by the
department;
' (c) Delivers to the department a bond or letter of credit
that meets the requirements under section 33 of this 2003 Act,
except that the bond or letter of credit must be in the sum of
$15,000 for each year that the license is valid;
' (d) Is 18 years of age or older or is legally emancipated;
and
' (e) Pays the fee specified in section 32 of this 2003 Act for
issuance of a limited manufactured structure dealer license.
' (4) If the person is a firm or partnership, the application
for a limited manufactured structure dealer license must include
the names and residence addresses of the members of the firm or
partnership. If the person is a corporation, the application must
include the names of the principal officers of the corporation
and their residence addresses and the name of the state under
whose laws the corporation is organized. If the person is the
owner of a manufactured dwelling park, the person may submit a
joint application on behalf of the person and a named park
operator employed by the person. If the person is the operator of
a manufactured dwelling park, the application must include the
name and signature of the park owner.
' (5) A limited manufactured structure dealer license is valid
for use at a single manufactured dwelling park. The manufactured
dwelling park location must be specified in the license
application. A limited manufactured structure dealer may not
employ a salesperson.
' (6) A limited manufactured structure dealer license is valid
for two years, but the department may adjust the term of an
initial license for the purpose of establishing uniform
expiration dates.
' (7) Notwithstanding subsection (6) of this section, the
limited manufactured structure dealer license for the person
expires immediately if the person ceases to be an operator or
owner of the manufactured dwelling park at which the license may
be used. The owner of a manufactured dwelling park shall
immediately notify the department if a person licensed under this
section ceases to be an owner or operator of a manufactured
dwelling park at which the license may be used.
' (8) Notwithstanding subsections (6) and (7) of this section,
if a licensed person ceases to be an operator of the manufactured
dwelling park, the park owner may apply to have a corrected
license issued to a new operator employed by the owner. A
corrected license issued under this subsection is valid for the
unexpired portion of the original license term. The department
shall charge the fee specified in section 32 of this 2003 Act for
issuing a corrected license.
' (9) A limited manufactured structure dealer may renew a
license as provided by the department. The department shall renew
a license only if the dealer:
' (a) Submits a completed application for renewal in a form
approved by the department;
' (b) Delivers to the department a bond or letter of credit
that meets the requirements described in subsection (3) of this
section; and
' (c) Pays the fee specified in section 32 of this 2003 Act for
renewal of a limited manufactured structure dealer license. + }
{ +
' DEALER EDUCATION AND TESTING + }
' { + SECTION 29c. + } { + (1) In addition to any other
requirement for issuance or renewal of a manufactured structure
dealer license, the Department of Consumer and Business Services,
by rule, may adopt education and testing requirements as a
condition for issuance or renewal of a license described in
section 28 of this 2003 Act.
' (2) A person may satisfy a requirement adopted under
subsection (1) of this section by taking an appropriate
educational program or test offered by an accredited educational
institution, private school, correspondence school or nonprofit
organization and approved by the department.
' (3) If a dealer is a firm, partnership or corporation, the
dealer satisfies a requirement adopted under subsection (1) of
this section if a manager or other person exercising significant
control over the daily sales activities of the dealership meets
the education and testing requirements.
' (4) The department may not require education or testing of a
manufactured structure dealer if the dealer possesses a license
issued under ORS chapter 696. This subsection does not prohibit
voluntary participation in education and testing. + } ' .
In line 45, delete 'adopted pursuant to' and insert ' specified
in'.
On page 17, delete lines 5 through 13 and insert:
' { + SECTION 32. + } { + (1) The fee for issuance or
renewal of a manufactured structure dealer license under section
28 of this 2003 Act is $542.
' (2) The fee for issuance or renewal of a supplemental license
under section 30 of this 2003 Act is $90 for each additional
place of business.
' (3) The fee for issuance or renewal of a corrected dealer
license under section 30 of this 2003 Act or corrected limited
manufactured structure dealer license under section 29b of this
2003 Act is $30.
' (4) The fee for issuance of a temporary manufactured
structure dealer license under section 29a of this 2003 Act is
$100.
' (5) The fee for issuance or renewal of a limited manufactured
structure dealer license under section 29b of this 2003 Act is
$150.
' (6) Fees adopted pursuant to this section are not subject to
proration or refund.
' (7) Fees collected by the department under this section must
be deposited in the Consumer and Business Services Fund. Moneys
deposited into the fund pursuant to this section are continuously
appropriated to the department for use as provided in ORS
446.423. + } ' .
In line 18, after 'Act' insert 'or a temporary manufactured
structure dealer license under section 29a of this 2003 Act'.
On page 18, line 13, after 'Act' insert 'or a temporary
manufactured structure dealer license under section 29a of this
2003 Act'.
On page 19, line 10, after 'Act' insert 'or a temporary
manufactured structure dealer license under section 29a of this
2003 Act'.
On page 20, line 12, after 'receiving' insert 'the' and delete
'documents' and insert 'document'.
In line 35, delete 'or 29' and insert ', 29 or 29a'.
On page 21, after line 34, insert:
' (e) Deals in a manufactured structure that both before and
after the sale is assessed as real property under ORS 308.875 or
is recorded in the deed records of a county. This paragraph does
not apply if an ownership document is issued for the manufactured
structure prior to sale.
' (f) Employs a person in an administrative or managerial
capacity while the person is disqualified under subsection (5) of
this section.'.
After line 39, insert:
' (4) The department shall cancel a dealer license or
supplemental license immediately upon receipt of notice that
zoning approval for a place of business has been revoked.
' (5) If the department revokes a manufactured structure dealer
license pursuant to subsection (1) of this section, the
department shall disqualify the person whose license is revoked
from obtaining any type of license as a manufactured structure
dealer and from working in an administrative or managerial
capacity for any type of manufactured structure dealer, for a
period of not more than five years after the date the revocation
becomes effective. If the person applies for licensing as a
manufactured structure dealer following a period of
disqualification under this subsection, the person must meet the
requirements for issuance of an initial manufactured structure
dealer license.'.
In line 43, delete '(6)' and insert '(7)'.
On page 22, line 28, delete 'cancellation' and insert '
revocation' and after 'license' insert 'or being placed on
probation'.
After line 31, insert:
' (5) Notwithstanding subsections (1) and (4) of this section,
if a purchaser is not in compliance with the payment terms of a
purchase agreement on the 20th calendar day after the transfer,
the dealer is not required to perform under subsection (1) of
this section until 25 calendar days after the purchaser is in
compliance with the payment terms of the purchase agreement.
This subsection does not excuse the duty of the dealer under
subsection (3) of this section.'.
In line 32, delete '(5)' and insert '(6)'.
In line 34, delete '(6)' and insert '(7)'.
On page 23, line 4, after 'consignor' insert ', unless the
consignor is a security interest holder described in paragraph
(b) of this subsection'.
On page 24, delete lines 5 through 8 and insert:
' { + SECTION 42. + } { + The Department of Consumer and
Business Services may petition a circuit court for an injunction
or other relief against a person dealing in manufactured
structures in violation of section 26 of this 2003 Act. If the
court grants the petition, the court shall award reasonable costs
and disbursements and attorney and enforcement fees. + } ' .
In line 13, delete 'or the Attorney'.
In line 14, delete 'General'.
On page 25, after line 6, insert:
'
{ + CIVIL PENALTIES + }
' { + SECTION 47c. + } { + (1) The Department of Consumer
and Business Services may impose a civil penalty as provided in
ORS 455.895 for each violation, against a licensed manufactured
structure dealer or against a person required by a rule adopted
pursuant to section 25 of this 2003 Act to be licensed, if the
dealer or person violates a provision of sections 25 to 43 of
this 2003 Act or a rule adopted by the department relating to the
sale of manufactured structures. If the dealer authorizes a
person licensed pursuant to section 25 of this 2003 Act to commit
a violation, the dealer and person are both subject to civil
penalty. Notwithstanding subsection (2) of this section, if a
dealer expressly or by implication authorizes an act by a real
estate agent described in section 27 (14) of this 2003 Act that
is a violation, the dealer is subject to the civil penalty for
the violation.
' (2) The department may impose a civil penalty, in an amount
not to exceed $5,000 for each manufactured structure improperly
sold, brokered or exchanged, or offered or displayed for sale,
against a person that:
' (a) Violates a provision of sections 25 to 43 of this 2003
Act or a rule adopted by the department relating to the sale of
manufactured structures if the person does not possess a license
required by section 26 of this 2003 Act or by rule pursuant to
section 25 of this 2003 Act; or
' (b) Violates a rule adopted by the department relating to the
sale of manufactured structures if the person is exempt from
licensing under section 27 of this 2003 Act. + } ' .
On page 28, line 18, after 'Act' insert 'or a temporary
manufactured structure dealer licensee under section 29a of this
2003 Act'.
On page 60, line 32, delete 'section 26' and insert ' sections
25 to 43'.
On page 64, line 6, restore 'and'.
In lines 9 and 10, delete the boldfaced material.
In line 15, delete 'Consumer and Business Services' and insert
'Transportation'.
On page 65, line 2, after the period delete the rest of the
line and lines 3 and 4.
On page 69, delete lines 2 through 45 and insert:
' { + SECTION 74. + } ORS 390.134, as amended by section 166,
chapter 14, Oregon Laws 2003 (Enrolled Senate Bill 81), is
amended to read:
' 390.134. (1) As used in this section:
' (a) The terms 'camper,' { - ' manufactured structure,' - }
'motor home' and 'travel trailer' have the meanings given those
terms in ORS chapter 801.
' (b) 'County' includes a metropolitan service district
organized under ORS chapter 268, but only to the extent that the
district has acquired, through title transfer, and is operating a
park or recreation site of a county pursuant to an
intergovernmental agreement.
' (2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. The fund
shall consist of the following:
' (a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund { - shall - } { + must + } be credited
to the fund.
' (b) All registration fees received by the Department of
Transportation for campers, { - manufactured structures, - }
motor homes and travel trailers { - which - } { + that + }
are transferred to the fund under ORS 366.512. { - Such - }
{ + The + } funds { - shall - } { + must + } be deposited
in a separate subaccount established under subsection (3) of this
section.
' (c) Revenue from fees and charges pursuant to ORS 390.124.
' (3) Any moneys placed in the fund for a particular purpose
may be placed in a separate subaccount within the fund. Each
separate subaccount established under this subsection
{ - shall - } { + must + } be separately accounted for. Moneys
placed in a subaccount { - shall - } { + must + } be used for
the purposes for which they are deposited.
' (4) All of the moneys in the fund except those moneys
described in subsection (3), (5), (6) or (7) of this section
{ - shall - } { + must + } be deposited in a separate
subaccount within the fund and { - shall be - } used by the
State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites. The moneys in the subaccount under this subsection
{ - shall - } { + must + } be accounted for separately and
{ - shall be - } stated separately in the State Parks and
Recreation Department's biennial budget.
' (5) Thirty percent of the amount transferred to the State
Parks and Recreation Department under ORS 366.512 from the
registration of travel trailers, campers and motor homes and
under ORS 803.601 from recreational vehicle trip permits
{ - shall - } { + must + } be deposited in a separate
subaccount within the fund and is appropriated for the
maintenance, care and use of county park and recreation sites.
The moneys in the subaccount under this subsection
{ - shall - } { + must + } be accounted for separately. The
following apply to the distribution of moneys under this
subsection:
' (a) The appropriation { - shall - } { + must + } be
distributed among the several counties for the purposes described
in this subsection. The distribution shall be made at times
determined by the State Parks and Recreation Department but
{ - shall - } { + must + } be made not less than once a year.
' (b) The sums designated under this subsection { - shall - }
{ + must + } be remitted to the county treasurers of the
several counties by warrant.
' (c) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection { - shall be - } { + is + } as determined by the
department by rule. In determining the composition of the
advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with
responsibilities relating to county parks and recreation sites.
' (d) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation areas.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
' (6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
' (7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
' (8) On or before January 15 of each odd-numbered year, the
State Parks and Recreation Director shall report to the Joint
Legislative Committee on Ways and Means created by ORS 171.555 on
the use of moneys deposited pursuant to ORS 805.256 in the fund.
The director shall make the report in a form and manner as the
committee may prescribe.'.
On page 70, delete lines 1 through 12.
On page 71, line 43, after 'section' insert 'or section 47c of
this 2003 Act'.
On page 72, line 30, after the second 'department' insert ' ,
after deducting an amount equal to the department's procedural,
collection and other related costs and expenses,' and before
'civil' insert 'remaining'.
On page 75, line 35, after 'Act' insert 'or a temporary
manufactured structure dealer licensee under section 29a of this
2003 Act'.
On page 84, after line 11, insert:
' { + SECTION 90a. + } ORS 801.500 is amended to read:
' 801.500. (1) 'Special use trailer' means a trailer described
under any of the following:
' (a) A trailer that is eight and one-half feet or less in
width and of any length and that is used for commercial or
business purposes.
' (b) A trailer that is used temporarily on a construction site
for office purposes only.
' { + (c) A mobile modular unit. + }
' (2) 'Special use trailer' does not include any travel
trailer.'.
On page 117, delete lines 29 through 32 and insert ' trailer'.
On page 119, after line 13, insert:
' (11) A manufactured structure dealer subject to the licensing
requirement of section 26 of this 2003 Act or a person exempt
from licensing under section 27 of this 2003 Act when selling a
vehicle, trailer or semitrailer accepted in trade as part of a
manufactured structure transaction. A manufactured structure
dealership or exempt person may not directly sell more than three
vehicles per calendar year under authority of this subsection,
but by consignment with a dealer certified under ORS 822.020 or
822.040 may sell an unlimited number of vehicles acquired as
described in this subsection.'.
On page 120, delete lines 4 through 39 and insert:
' { + SECTION 127. + } ORS 822.027, as amended by section 1,
chapter 179, Oregon Laws 2003 (Enrolled Senate Bill 276), 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 (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 (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 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 dealer having a franchise in this state for nationally
advertised and recognized motor vehicles;
' (b) A dealer having a franchise in this state for new
recreational vehicles;
' (c) A motor vehicle rental company having a national
franchise under the ownership of a corporation that operates
throughout the United States; { + or + }
' { - (d) A dealer that primarily sells manufactured
dwellings; or - }
' { - (e) - } { + (d) + } 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.
' (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.
' (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 (4) of this section.'.
On page 128, line 39, after 'Act' insert 'or a temporary
manufactured structure dealer license under section 29a of this
2003 Act'.
On page 130, after line 41, insert:
'
{ + EXPENDITURE LIMITATION FOR 2003-2005 BIENNIUM + }
' { + SECTION 144. + } { + Notwithstanding any other law
limiting expenditures, the amount of $631,570 is established for
the biennium beginning July 1, 2003, as the maximum limit for
payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery funds and
federal funds, collected or received by the Department of
Consumer and Business Services for the purposes of administration
and enforcement of sections 1 to 47 and 145 of this 2003 Act. + }
'
{ + DEPARTMENT OF TRANSPORTATION TITLE FEE DISTRIBUTION + }
' { + SECTION 145. + } { + If House Bill 2041 becomes law,
notwithstanding any contrary provision by section 18,
chapter ___, Oregon Laws 2003 (Enrolled House Bill 2041),
providing for the distribution of moneys from increases in title
fees under ORS 803.090, all moneys from fees for the issuance of
a certificate of title for a manufactured structure, less costs
of collection, shall be retained by the Department of
Transportation for use in the administration and enforcement of
the duties, functions and powers of the Department of
Transportation relating to manufactured structures, manufactured
structure dealers and manufactured structure dealerships or for
transfer to the Department of Consumer and Business Services as
provided under section 3 of this 2003 Act. + } ' .
In line 45, delete '144' and insert '146' and delete '
subsection (2)' and insert 'subsections (2) and (3)' and delete
the second comma and insert 'and'.
On page 131, line 1, delete 'and 47b' and insert 'to 47c'.
After line 14, insert:
' (3) Section 21 of this 2003 Act applies to applications by a
manufactured structure owner who holds a leasehold estate in real
property whether the lease creating the required recorded
leasehold estate is entered into before, on or after the
effective date of this 2003 Act.'.
In line 18, delete '145' and insert '147' and delete ' 47b' and
insert '47c'.
In line 20, delete 'July 1, 2004' and insert 'May 1, 2005'.
In line 22, delete 'July 1, 2004' and insert 'May 1, 2005'.
In line 23, delete 'July' and insert 'May'.
In line 24, delete the first '2004' and insert '2005' and
delete 'July 1, 2004' and insert 'May 1, 2005'.
In line 25, after the period insert 'ORS 455.035 does not apply
to any rule adopted under authority of this subsection that
affects ORS chapter 455 or ORS 447.010 to 447.156 and 447.992 or
479.510 to 479.945 and 479.995.'.
In line 29, delete '146' and insert '148'.
In line 35, delete '147' and insert '149'.
----------