72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 994
Senate Bill 468
Sponsored by COMMITTEE ON TRANSPORTATION AND ECONOMIC DEVELOPMENT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Transfers Department of Transportation duties, functions and
powers relating to titling and registration of manufactured
structures to Department of Consumer and Business Services.
Replaces manufactured structure title and registration system.
Requires issuance of ownership document for manufactured
structures. Allows cancellation of ownership document and
recording of manufactured structure in county real property
records for structures assessed as real property.
Transfers Department of Transportation authority over vehicle
dealers dealing in manufactured structures to Department of
Consumer and Business Services.
Becomes operative July 1, 2004.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to manufactured structures; creating new provisions;
amending ORS 59.840, 79.0102, 79.0311, 79.0313, 79.0316,
79.0334, 79.0335, 79.0337, 79.0515, 90.425, 90.675, 90.865,
114.535, 114.545, 184.642, 307.190, 308.425, 308.865, 308.866,
308.875, 308.880, 311.280, 311.370, 311.512, 366.512, 377.650,
390.134, 455.010, 455.895, 458.005, 468B.085, 479.260, 479.265,
646.400, 646.402, 646.648, 646.877, 696.800, 801.041, 801.042,
801.285, 801.310, 801.333, 801.397, 801.526, 801.560, 801.565,
801.590, 802.110, 802.175, 802.200, 802.240, 803.030, 803.045,
803.090, 803.092, 803.094, 803.097, 803.100, 803.205, 803.210,
803.217, 803.305, 803.315, 803.415, 803.420, 803.430, 803.525,
803.585, 803.590, 803.600, 803.645, 803.660, 815.190, 818.100,
820.520, 820.570, 822.005, 822.015, 822.025, 822.027, 822.033,
822.040, 822.042, 822.045, 822.046, 822.050, 822.070, 822.080,
822.105, 822.300, 822.310, 822.700, 822.705 and 826.013;
repealing ORS 308.253, 308.890, 801.332, 820.500, 820.510,
820.525, 820.530, 820.540, 820.550, 820.560, 820.580, 820.585,
820.587, 820.589, 820.591, 820.593 and 822.075; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
TRANSFER + }
SECTION 1. { + (1) As used in this section, 'manufactured
structure' has the meaning given that term in section 8 of this
2003 Act.
(2) The duties, functions and powers of the Department of
Transportation relating to manufactured structure dealers and
dealerships, the titling and registration of manufactured
structures and record keeping of manufactured structure interests
and locations are imposed upon, transferred to and vested in the
Department of Consumer and Business Services. This section does
not transfer the authority of the Department of Transportation to
regulate the issuance of manufactured structure variance permits
or the movement of manufactured structures on public
highways. + }
{ +
RECORDS AND PROPERTY + }
SECTION 2. { + (1) The Director of Transportation shall
deliver to the Department of Consumer and Business Services all
records and property within the jurisdiction of the director that
relate to the duties, functions and powers transferred by section
1 of this 2003 Act.
(2) The Governor shall resolve any dispute between the
Department of Transportation and the Department of Consumer and
Business Services relating to transfers of records and property
under this section, and the Governor's decision is final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 3. { + (1) To the extent permitted by section 3a,
Article IX of the Oregon Constitution, the unexpended balances of
amounts authorized to be expended by the Department of
Transportation for the biennium beginning July 1, 2003, from
revenues dedicated, continuously appropriated, appropriated or
otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
1 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Department of Consumer and
Business Services for the biennium beginning July 1, 2003, for
the purpose of administering and enforcing the duties, functions
and powers transferred by section 1 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
Transportation remain applicable to expenditures by the
Department of Consumer and Business Services under this
section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 4. { + The transfer of duties, functions and powers to
the Department of Consumer and Business Services by section 1 of
this 2003 Act does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer,
except that the Department of Consumer and Business Services is
substituted for the Department of Transportation in the action,
proceeding or prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 5. { + (1) Nothing in sections 1 to 7 of this 2003 Act
relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 1 of this 2003 Act. The Department of
Consumer and Business Services may undertake the collection or
enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the Department of
Transportation legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 1 of this 2003 Act accruing under or
with respect to the duties, functions and powers transferred by
section 1 of this 2003 Act are transferred to the Department of
Consumer and Business Services. For the purpose of succession to
these rights and obligations, the Department of Consumer and
Business Services is a continuation of the Department of
Transportation and not a new authority. + }
{ +
RULES + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2003 Act, the rules of
the Department of Transportation with respect to such duties,
functions or powers that are in effect on the operative date of
section 1 of this 2003 Act continue in effect until superseded or
repealed by rules of the Department of Consumer and Business
Services. References in such rules of the Department of
Transportation to the Department of Transportation or an officer
or employee of the Department of Transportation are considered to
be references to the Department of Consumer and Business Services
or an officer or employee of the Department of Consumer and
Business Services. + }
SECTION 7. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 of
this 2003 Act, reference is made to the Department of
Transportation, or an officer or employee of the Department of
Transportation, whose duties, functions or powers are transferred
by section 1 of this 2003 Act, the reference is considered to be
a reference to the Department of Consumer and Business Services
or an officer or employee of the Department of Consumer and
Business Services who by this 2003 Act is charged with carrying
out such duties, functions and powers. + }
{ +
DEFINITION FOR SECTIONS 9 TO 23 + }
SECTION 8. { + As used in sections 9 to 23 of this 2003 Act:
(1) Except as provided in subsection (2) of this section, '
manufactured structure' means:
(a) A manufactured dwelling. As used in this paragraph, '
manufactured dwelling' has the meaning given that term in ORS
446.003 and also includes a structure that would meet the
definition in ORS 446.003 except that the structure is being used
for other than residential purposes.
(b) A prefabricated structure, as defined in ORS 455.010, that
is relocatable and more than eight and one-half feet wide.
(c) A recreational vehicle, as defined in ORS 446.003, that is
more than eight and one-half feet wide.
(2) 'Manufactured structure' does not include an implement of
husbandry as defined in ORS 801.310. + }
{ +
OWNERSHIP DOCUMENT REQUIREMENT + }
SECTION 9. { + (1) The following information must be recorded
on an ownership document issued by the Department of Consumer and
Business Services:
(a) All ownership interests in a manufactured structure sold in
this state.
(b) The location of a manufactured structure sited in this
state.
(c) A change in the location of a manufactured structure that
has been sited in this state.
(2) Subsection (1) of this section does not apply if the
ownership document has been canceled because the manufactured
structure has been recorded in the real property records of the
county as provided in section 21 of this 2003 Act. + }
{ +
EXEMPTION FROM OWNERSHIP DOCUMENT REQUIREMENT + }
SECTION 10. { + Notwithstanding section 9 of this 2003 Act,
the following manufactured structures do not require an ownership
document and need not be recorded in county real property
records:
(1) Manufactured structures owned by the United States
Government.
(2) Manufactured structures held as inventory by the
manufacturer or a licensed manufactured structure dealer. + }
{ +
OWNERSHIP DOCUMENTS + }
SECTION 11. { + (1)(a) Except as provided in paragraph (b) of
this subsection and section 20 (2) of this 2003 Act, the owner of
a manufactured structure shall apply to the Department of
Consumer and Business Services for an ownership document. Upon
receipt of an application in appropriate form as described in
section 39 (2) of this 2003 Act, the Department of Consumer and
Business Services shall issue an ownership document for a
manufactured structure. Except as provided in ORS 308.875, a
manufactured structure for which an ownership document is issued
is subject to assessment and taxation as personal property under
the ad valorem tax laws of this state.
(b) A manufactured structure dealer or a lender may submit the
application on behalf of the owner as provided in section 39 of
this 2003 Act.
(2) The department shall maintain ownership records on
manufactured structures for which the department has issued
ownership documents. The department shall maintain a record of
ownership documents or other documents evidencing ownership that
have been canceled.
(3) The department shall note all interests in the manufactured
structure on the ownership document and in the records maintained
by the department pursuant to subsection (2) of this section. The
recording of the interests in the records maintained by the
department is constructive notice of the interests.
(4) The department shall send the ownership document to the
holder of the earliest perfected unreleased security interest in
the manufactured structure or, if none, to the owner of the
structure. The department shall also send a copy of the ownership
document to the county assessor for the county in which the
manufactured structure is being sited.
(5) If an interest in a manufactured structure other than an
ownership interest is satisfied or assigned, the holder of the
interest shall notify the department. If the holder of the
satisfied interest is in possession of the ownership document for
the structure, the holder shall return the ownership document to
the department. The department shall adjust the ownership
document and send the adjusted ownership document and copy as
described in subsection (4) of this section.
(6) The department may impose fees for services provided under
this section. The fee amount may not exceed the cost of the
services provided. + }
SECTION 12. { + The Department of Consumer and Business
Services shall adopt rules to provide for the transference of an
ownership document for an abandoned manufactured structure to a
landlord pursuant to ORS 90.425 or 90.675 and section 19 (2) of
this 2003 Act. + }
{ +
ESCROW AGENT APPLICATION FOR OWNERSHIP DOCUMENTS + }
SECTION 13. { + As used in sections 13 to 17 of this 2003 Act:
(1) 'Holder or other person' means the manufactured structure
owner or other person having an interest in the structure as
indicated in the records of the Department of Consumer and
Business Services.
(2) 'Last-known address' means:
(a) The address of a holder or other person that is the
intended recipient of a notice described in section 14 (4) of
this 2003 Act as set forth in an ownership document, financing
statement or other documentation;
(b) If the address for the intended recipient of the notice is
not shown on a document or statement, the address of the intended
recipient's principal place of business; or
(c) If the address for the intended recipient of the notice is
not shown on a document or statement and the intended recipient
does not have a principal place of business, the address of the
intended recipient's residence. + }
SECTION 14. { + An ownership application, information
described in section 39 of this 2003 Act or an ownership document
or other document evidencing ownership and any release thereon
under section 11, 19 or 23 of this 2003 Act does not need to be
submitted to the Department of Consumer and Business Services as
a condition for the department recording an ownership interest in
a manufactured structure if all of the following conditions are
met:
(1) The transaction involves the sale of a manufactured
structure or the creation or transfer of a security interest in a
manufactured structure and is processed by an escrow agent
licensed in this state.
(2) Debt secured by a security interest in the manufactured
structure has been or will be paid in full by the escrow agent as
part of the agent's processing of the transaction.
(3) The escrow agent sends the written notice, in the form
described in section 15 of this 2003 Act, at least 30 days prior
to the application for issuance of a replacement or original
ownership document or for changes to an ownership document.
(4) The escrow agent mails a notice described in section 15 of
this 2003 Act to the holder or other person that is responsible
for furnishing the application information, ownership document,
other document evidencing ownership, or release of interest, and
mails a copy of the notice to any person who has perfected a
security interest under ORS chapter 79 in the inventory of a
dealer selling the structure.
(5) The escrow agent provides the Department of Consumer and
Business Services with an application as provided by department
rule for an ownership document. The application must be signed by
the transferee, if any, and contain any information required by
the department, including but not limited to the following
information:
(a) A description of the manufactured structure, including the
identification number assigned by the manufacturer.
(b) The name of the transferee, if any.
(c) A recital that the escrow agent did not receive the
requested documents and did not receive a written objection from
the holder or other person. + }
SECTION 15. { + The escrow agent shall send the notice under
section 14 (4) of this 2003 Act by certified mail with return
receipt requested and by first class mail, both with postage
prepaid, to the last-known address of the holder or other person
responsible for furnishing the documents and of any person having
a perfected security interest. The notice must:
(1) Contain a description of the manufactured structure,
including the year of manufacture, the make and the
identification number assigned by the manufacturer;
(2)(a) State that the debt or other obligation owed to the
holder or other person has been paid and satisfied and specify
the date and amount of the final payment; or
(b) State that at or prior to the time that the security
interest or other interest of the holder or other person in the
manufactured structure is terminated, the escrow agent will fully
pay and satisfy the debt or other obligation owed to the holder
or other person;
(3) State that, unless the escrow agent receives the
appropriate documents within 30 days after the notice is received
by the owner or other person responsible for providing or
releasing the documents, an application for issuance of a
replacement or original ownership document or for changes to an
ownership document will be made to the Department of Consumer and
Business Services as described in section 14 (5) of this 2003
Act; and
(4) State that, if the escrow agent receives from the holder or
other person a written objection to provision or release of the
requested documents, the escrow agent will not apply for the
issuance or replacement of or changes to the ownership document
unless the objection is withdrawn or the escrow agent receives
the documents from the holder or other person. + }
SECTION 16. { + (1) The Department of Consumer and Business
Services shall treat an application described in section 14 (5)
of this 2003 Act:
(a) As an application for issuance of a replacement or original
ownership document that reflects the sale of the manufactured
structure or the creation or transfer of the security interest,
or as an application to make other changes to an ownership
document consistent with the transaction;
(b) As satisfactory proof that any previously issued ownership
document for the manufactured structure is not available; and
(c) As a release of any perfected security interest in the
manufactured structure by the holder or other person responsible
for providing the application information, ownership document or
other document evidencing ownership, or a release thereon.
(2) Upon receipt of an application described in section 14 (5)
of this 2003 Act and the payment of fees prescribed by rule, the
department may issue a replacement or original ownership document
for the manufactured structure, add or delete a security interest
or make any other changes consistent with the transaction. The
department shall send the ownership documents to the holder of
the earliest perfected unreleased security interest in the
manufactured structure or, if none, to the owner. The department
shall also send a copy of the ownership document to the county
assessor for the county in which the manufactured structure is
sited or being sited. + }
SECTION 17. { + (1) An escrow agent may not provide an
application to the Department of Consumer and Business Services
under section 14 (5) of this 2003 Act if the agent has received a
written objection in response to the notice provided under
section 15 of this 2003 Act.
(2) An escrow agent may charge the person owning the
manufactured structure under the replacement ownership document a
reasonable fee for services provided in compliance with sections
14 and 15 of this 2003 Act.
(3) In addition to any other remedy provided by law, a person
may bring an action against an escrow agent for damages sustained
by the person due to the negligence or willful misconduct of the
escrow agent in complying with sections 14 and 15 of this 2003
Act. + }
{ +
PERFECTION OF SECURITY INTEREST + }
SECTION 18. { + (1)(a) Except as provided in paragraph (b) of
this subsection, the exclusive means for perfecting a security
interest in a manufactured structure that has an ownership
document is by application for and notation of the security
interest on the ownership document. The application to have a
security interest noted may be included as part of the
application for issuance of an original ownership document. The
department shall record the date of receipt of an application to
have a security interest noted on the ownership document. The
security interest is perfected as provided in ORS 79.0311 upon
the department's entering the security interest in the records
maintained by the department under section 11 of this 2003 Act.
If an ownership document exists for the manufactured structure,
the ownership document must accompany the application for
notation of the security interest. The department shall note the
interest on the ownership document and send the document as
provided in section 11 of this 2003 Act. A security interest
perfected under this section continues in effect until released
by the holder of the interest.
(b) Paragraph (a) of this subsection does not apply if the
debtor who granted the security interest is in the business of
selling manufactured structures and the structure constitutes
inventory held for sale or lease. The filing provisions of ORS
79.0501 to 79.0528 apply to security interests in manufactured
structures described in this paragraph.
(2) The department shall issue or update an ownership document
to reflect a security interest described in subsection (1)(a) of
this section and note the interest in the manufactured structure
records maintained by the department. The department shall
deliver the ownership document to the holder of the earliest
perfected unreleased security interest in the manufactured
structure or, if none, to the owner of the structure. The
department shall also send a copy of the ownership document to
the county assessor for the county in which the manufactured
structure is being sited.
(3) If the department cancels an ownership document because the
manufactured structure is recorded in the real property records
of a county, the department shall notify the county clerk of any
unreleased interest recorded in the department's record for the
manufactured structure. The county clerk shall record the
security interest information on the real property records for
the structure.
(4) If a manufactured structure is recorded in the real
property records of a county prior to the recording of a security
interest, the recording of a security interest in the county real
property records as described in ORS 72A.3095 is effective as a
financing statement perfecting the security interest in the
structure as provided in ORS 79.0502 (3).
(5) If a manufactured structure ceases to be recorded in the
real property records of a county, the county assessor shall
notify the department of any unreleased interest shown on the
real property record for the manufactured structure. The
department shall note the security interest information on the
ownership document issued by the department. + }
{ +
RELEASE OF INTEREST + }
SECTION 19. { + (1) Except as otherwise provided in subsection
(2) or (3) of this section, upon the transfer of any interest in
a manufactured structure shown on an ownership document, each
person whose interest is released, terminated, assigned or
transferred shall acknowledge the release, termination,
assignment or transfer of that interest in a manner specified by
the Department of Consumer and Business Services by rule. The
department shall design the rules adopted for purposes of this
subsection to protect the interests of all parties to the
transfer of interest.
(2) Notwithstanding subsection (1) of this section:
(a) In the case of a transfer of an interest by operation of
law, the personal representative, receiver, trustee, sheriff,
landlord or other representative or successor in interest of the
person whose interest is transferred shall file the
acknowledgment described in subsection (1) of this section. The
representative or successor shall also provide the transferee
with information satisfactory to the department concerning all
facts entitling the representative or successor to transfer the
interest. If there is no person to transfer the interest, the
person to whom interest is awarded or otherwise transferred is
responsible for providing the information concerning the person's
entitlement to the interest.
(b) In the case of a transfer at death of the interest of the
owner or security interest holder of the manufactured structure,
if the estate is not being probated and ownership is not being
transferred under the provisions of ORS 114.545, an interest in
the manufactured structure may be assigned through the use of an
affidavit. The affidavit must be on a form prescribed by the
department and signed by all of the known heirs of the person
whose interest is being transferred, and shall state the name of
the person to whom the ownership interest has been passed. If any
heir has not arrived at the age of majority or is otherwise
incapacitated, the parent or guardian of the heir shall sign the
affidavit.
(c) In the case of a transfer at death of the interest of the
owner or security interest holder where transfer occurs under ORS
114.545, the affiant, as defined in ORS 114.505, is the person
required to assign interest.
(d) A security interest holder, without the consent of the
owner, may assign interest of the holder in a manufactured
structure to a person other than the owner without affecting the
interest of the owner or the validity or priority of the
interest. A person who is not given notice of the assignment is
protected in dealing with the security interest holder as the
holder of the interest until the assignee files notice of the
interest with the department as provided in section 11 of this
2003 Act. This paragraph does not exempt an assignment of
interest from the acknowledgment requirement under subsection (1)
of this section.
(e) If an interest in a manufactured structure is transferred
pursuant to an application under section 14 (5) of this 2003 Act,
the recital by the escrow company that no written objections were
received constitutes both a release, termination, assignment or
transfer of interest and an acknowledgment by the person whose
interest is released, terminated, assigned or transferred.
(3) Subsection (1) of this section does not apply to a transfer
of a security interest where the security interest holder is a
financial institution, a financial holding company or a bank
holding company, as those terms are defined in ORS 706.008, a
licensee under ORS chapter 725, or any subsidiary or affiliate of
any of the foregoing and the transfer of the interest of the
security interest holder:
(a) Results from the merger, conversion, reorganization,
consolidation or acquisition of the security interest holder; or
(b) Is to an entity that is a member of the same affiliated
group as the security holder. + }
{ +
TITLES AND REGISTRATIONS + }
SECTION 20. { + (1) A certificate of title for a manufactured
structure issued by the Department of Transportation prior to the
operative date of section 11 of this 2003 Act is effective as a
document evidencing ownership of the manufactured structure. If
the manufactured structure does not have a title pursuant to ORS
308.855 or 308.860 (1969 Replacement Part), a tax record showing
that a person has paid the ad valorem tax assessment on the
structure since 1972 is a document evidencing the person's
ownership of the structure.
(2) The owner of a manufactured structure described in
subsection (1) of this section is not required to obtain an
ownership document for the structure unless the structure is
moved or sold. Except as provided in subsection (3) of this
section, upon the moving or sale of a manufactured structure
described in subsection (1) of this section, the owner shall
submit the document evidencing ownership of the structure to the
Department of Consumer and Business Services as provided in
sections 22 and 23 of this 2003 Act. Upon receipt of the
documents, the department shall enter the information regarding
the manufactured structure in the department's records and issue
an ownership document for the structure.
(3) If the owner of a manufactured structure has misplaced a
certificate of title, the Department of Consumer and Business
Services may require the person to provide proof sufficient to
satisfy the department concerning any questions about the
ownership of the manufactured structure or security interests in
the structure. The proof required by the department may include,
but is not limited to, completion of an affidavit that:
(a) Is in a form required by the department by rule;
(b) Contains any information the department requires by rule as
necessary to establish ownership of the manufactured structure or
to determine any security interests in the structure; and
(c) Is verified by the person making the affidavit.
(4) The Department of Consumer and Business Services is not
liable to any person for issuing an ownership document based on
proof provided under subsection (3) of this section.
(5) ORS 803.220 does not apply to a certificate of title for a
manufactured structure issued by the Department of
Transportation. + }
{ +
MANUFACTURED STRUCTURES IN + }
{ +
COUNTY REAL PROPERTY RECORDS + }
SECTION 21. { + (1) The owner of a manufactured structure that
is under common ownership with the land on which it is sited may
apply to the Department of Consumer and Business Services for
removal of the structure from the ownership document system. The
application must be on a form approved by the department. If the
department determines that the structure qualifies for removal
from the ownership document system, the owner may apply to the
county assessor for the county in which the structure is sited to
have the structure recorded in the real property records of the
county. Upon receipt of an application in appropriate form as
determined by the department, a county assessor shall record a
manufactured structure in the real property records of the
county. The recording of a manufactured structure in the real
property records is independent of the assessment and taxation of
the structure as real property under ORS 308.875.
(2) If the manufactured structure is recorded in the real
property records of the county, the owner shall deliver the
ownership document for the structure to the county clerk. The
county clerk shall note in the real property records any
unreleased security interest that was noted on the document as
provided in section 11 (3) of this 2003 Act and send the document
to the Department of Consumer and Business Services for
cancellation. + }
{ +
MOVING MANUFACTURED STRUCTURE + }
SECTION 22. { + (1) A person may not move a manufactured
structure to a different situs unless the county tax collector
approves the move and the county assessor issues a trip permit.
An application to move a manufactured structure must be filed
with the county tax collector and include the following:
(a) The ownership document or, if an ownership document does
not exist, another document evidencing ownership of the structure
or, if the structure is recorded in the real property records of
the county, the property description for the current and proposed
situs for the structure.
(b) The identity of the owner of the proposed situs or, if the
proposed situs is a facility as defined in ORS 90.100, the name
of the facility.
(c) Any other information required by the county or by
Department of Consumer and Business Services by rule.
(2) Upon receiving an application to move a manufactured
structure, the county tax collector shall send notice of the
application to any persons shown in the county real property
records as holding a nonownership interest in the structure or in
the current situs.
(3)(a) Except as provided in paragraph (b) of this subsection,
a county tax collector may not approve an application to move a
manufactured structure to a situs in another county unless all
taxes and special assessments against the structure for the
current year that will become a lien prior to the move as
described in ORS 311.405 and all delinquent taxes and special
assessments for past years are paid. Except as provided in ORS
311.280 (6), if the manufactured structure is assessed as real
property, all taxes and assessments on the land for the current
or past years must be paid before the county tax collector may
approve the moving of the structure.
(b) A purchaser or landlord may obtain a trip permit from the
county assessor without payment if the county cancels the taxes
and assessments as provided in ORS 90.425 or 90.675.
(4) If the assessor cannot compute the exact amount of taxes
due, the owner shall pay an amount based on the current assessed
value of the manufactured structure or the value that would be
used on the next assessment roll, or an amount based on the
assessor's best estimate of the total taxes and assessments. ORS
311.370 applies to taxes and assessments collected under this
section.
(5) If the county tax collector determines that all due or
pending taxes and assessments have been paid, the county tax
collector shall forward the application to the Department of
Consumer and Business Services. The department shall send notice
of the application to each person shown in an ownership document
as holding a nonownership interest in the manufactured structure.
The department shall update the department's record for the
manufactured structure and issue an updated ownership document
for the structure indicating the change in situs. If no ownership
document exists for the manufactured structure, the department
shall record the information for the structure and issue an
ownership document.
(6) The department shall deliver an ownership document updated
or issued under subsection (5) of this section to the holder of
the earliest perfected unreleased security interest in the
manufactured structure or, if none, to the owner of the
structure. The department shall also send a copy of the ownership
document to the county assessor for the county that sent the
application to the department and to the county assessor for the
county in which the structure is to be sited.
(7) Upon receipt of a copy of the ownership document sent by
the department under subsection (6) of this section, the county
assessor for the county that sent the application shall:
(a) Ensure that the appropriate changes are made to to the real
property records; and
(b) Issue an appropriate trip permit for moving the structure.
(8) The Department of Transportation may not issue a variance
permit for a manufactured structure under ORS 818.200 unless the
county assessor has issued a trip permit for the structure.
(9) The Department of Consumer and Business Services or a
county may charge fees for services provided under this section.
The fees charged pursuant to this subsection may not exceed the
cost of the services provided.
(10) This section does not apply to the movement of a mobile
modular unit pursuant to ORS 308.866.
(11) Subsections (1) to (9) of this section do not apply to the
movement of a manufactured structure described under section 10
or 39 of this 2003 Act. + }
{ +
RESALE OF MANUFACTURED STRUCTURE + }
SECTION 23. { + (1) If a person sells an ownership interest in
a manufactured structure, other than a structure recorded in the
real property records of a county, the seller shall give notice
of the sale to the county assessor for the county in which the
structure is sited.
(2) The seller's notice must be on a form approved by the
Department of Consumer and Business Services. Information
required by the form must include, but need not be limited to:
(a) The identities of the seller and the purchaser;
(b) Any change in the security interest in the structure
resulting from the transaction; and
(c) A signed statement by each holder of an unreleased security
interest recorded on the ownership document for the manufactured
structure acknowledging that the interest holder is aware of the
sale.
(3) The seller shall submit with the notice the ownership
document or other document evidencing ownership of the
manufactured structure and a copy of the bill of sale.
(4) The county assessor shall forward the information contained
in the notice and the ownership document or other document
evidencing ownership to the department. The department shall
update the ownership document for the manufactured structure or,
if no ownership document exists, enter the information in the
department's records and issue an ownership document for the
structure.
(5) The department shall deliver an ownership document updated
or issued under subsection (4) of this section to the holder of
the earliest perfected unreleased security interest in the
manufactured structure or, if none, to the owner of the
structure. The department shall also send a copy of the ownership
document to the county assessor and the county clerk.
(6) A transfer of ownership of a manufactured structure by
operation of law is a sale of the manufactured structure for
purposes of this section.
(7) Notice given to a county assessor under subsection (1) of
this section is not an instrument of conveyance.
(8) If a seller does not give a notice of sale to the county
assessor within 30 days after closing of the sale of a
manufactured structure, a buyer may submit a notice of sale to
the assessor if the notice is accompanied by proof of sale
acceptable to the assessor. Upon receipt of a notice of sale and
acceptable proof of sale, the assessor shall forward the
information to the department as provided in subsection (4) of
this section. Submission of a notice of sale by a buyer does not
excuse a seller from civil penalty under ORS 455.895 for a
violation of subsection (1) of this section.
(9) The department may establish fees for services under this
section. The fees may not exceed the cost of providing services.
The department shall reimburse counties for the cost of providing
services under this section. + }
{ +
DEFINITION FOR SECTIONS 25 TO 43 + }
SECTION 24. { + As used in sections 25 to 43 of this 2003 Act,
' manufactured structure' has the meaning given that term in
section 8 of this 2003 Act. + }
{ +
DEPARTMENT OF CONSUMER AND BUSINESS SERVICES
RULES/ENFORCEMENT + }
SECTION 25. { + The Department of Consumer and Business
Services may:
(1) Adopt reasonable rules for regulating manufactured
structure dealers and dealerships and maintaining accurate
records of manufactured structure ownership and location. The
rules may include, but need not be limited to, rules governing
the issuance, renewal, suspension, revocation or cancellation of
licenses issued under sections 28 and 29 of this 2003 Act, rules
establishing standards of practice and conduct for manufactured
structure dealers and rules for processing transfers of interests
in manufactured structures.
(2) Inspect manufactured structure dealer records and
manufactured structures in the possession of a dealer for
purposes of administering and enforcing sections 25 to 43 of this
2003 Act and rules of the department.
(3) Examine an application for a manufactured structure dealer
license and make an individual investigation relative to
statements contained in the application. + }
{ +
DEALER LICENSE REQUIREMENT + }
SECTION 26. { + (1) A person commits the crime of acting as a
manufactured structure dealer without a license if the person
does not have a valid, current manufactured structure dealer
license issued under section 28 or 29 of this 2003 Act and the
person:
(a) Buys, sells, brokers, trades or exchanges a manufactured
structure, or offers to buy, sell, trade or exchange a
manufactured structure, either outright or by means of any
conditional sale, consignment or otherwise;
(b) Displays a new or used manufactured structure for sale; or
(c) Acts as an agent for the owner of a manufactured structure
to sell the structure or for a person interested in buying a
manufactured structure to buy the structure.
(2) This section does not apply to persons or manufactured
structures exempted from this section under section 27 of this
2003 Act.
(3) Acting as a manufactured structure dealer without a license
is a Class A misdemeanor. + }
{ +
EXEMPTION FROM LICENSE REQUIREMENT + }
SECTION 27. { + Section 26 of this 2003 Act does not apply to
the following manufactured structures or persons:
(1) A unit of government or a public or private utility.
(2) The owner of a manufactured structure, as shown by a
document evidencing ownership issued by any jurisdiction if the
person owned the manufactured structure for personal, family or
household purposes. If the person sells, trades, displays or
offers for sale, trade or exchange two or more manufactured
structures during a calendar year, the person has the burden of
proving that the person owned the structures primarily for
personal, family or household purposes.
(3) A receiver, trustee, personal representative or public
officer while performing any official duties.
(4) The sale of a manufactured structure that is recorded in
the real property records of a county.
(5) An escrow agent making an application for an ownership
document as described under section 14 (5) of this 2003 Act.
(6) The security interest holder of a manufactured structure as
shown by a document evidencing ownership issued by any
jurisdiction.
(7) The sale of a manufactured structure by the manufacturer to
a manufactured structure dealer. However, a manufacturer must
obtain a manufactured structure dealer license under section 28
of this 2003 Act in order to sell manufactured structures to
retail customers.
(8) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of a manufactured structure
for salvage.
(9) A person who sells or trades or offers to sell or trade a
manufactured structure that has been used in the operation of the
person's business unless the person's business is the buying,
selling, brokering, trading or exchanging of manufactured
structures, displaying new or used manufactured structures for
sale or acting as agent for an owner selling a manufactured
structure or for a person interested in buying a manufactured
structure.
(10) A person who is licensed as a manufactured structure
dealer in another jurisdiction, who is participating with other
manufactured structure dealers in a temporary exhibition of
manufactured structures and who is licensed under section 31 of
this 2003 Act.
(11) A person who receives no money, goods or services, either
directly or indirectly, for displaying a manufactured structure
or acting as an agent in the selling or buying of a manufactured
structure. + }
{ +
ISSUANCE OF DEALER LICENSE + }
SECTION 28. { + The Department of Consumer and Business
Services shall issue a manufactured structure dealer license to a
person if the person:
(1) Delivers to the department a bond or letter of credit that
meets the requirements under section 33 of this 2003 Act;
(2) Pays the fee adopted pursuant to section 32 of this 2003
Act for issuance of a manufactured structure dealer license; and
(3) Completes the application for a dealer license in a form
approved by the department that includes:
(a) The name and residence address of the applicant. If the
applicant is a firm or partnership, the application must include
the names and residence addresses of the members of the
applicant. If the applicant is a corporation, the application
must include the names and residence addresses of the principal
officers of the applicant and the name of the state in which the
applicant is incorporated.
(b) The name under which the business will be conducted.
(c) The street address, including city and county in Oregon,
where the business will be conducted.
(d) Whether used manufactured structures are handled.
(e) An affidavit from the applicant showing that the applicant
will act as a manufactured structure dealer and will conduct
business at the location given on the application.
(f) A permit, order or other document signed by a person
authorized by the local governing body to do so, stating that the
location of the business as given in the application for a dealer
license complies with any land use ordinances or business
regulatory ordinances of the city or county. If the business will
be located within a residential zone, the local governing body
may condition the approval of the application under this
subsection by requiring that the manufactured structures that are
on display comply with architectural and aesthetic standards
regulating permanent siting of manufactured structures in the
residential zone.
(g) Any information required by the department to efficiently
regulate manufactured structures, manufactured structure dealers
and dealerships or other relevant information required by the
department.
(h) If the applicant will offer for sale new manufactured
structures that are recreational vehicles greater than eight and
one-half feet in width, an affidavit from the applicant stating
that the applicant will maintain a recreational vehicle service
facility for those recreational vehicles at a street address
provided in the application. + }
SECTION 29. { + A manufactured structure dealer license is
valid for three years, but the Department of Consumer and
Business Services may adjust the term of an initial license for
the purpose of establishing uniform expiration dates. A dealer
may renew a license as provided by the department. The department
may renew a license only if the dealer:
(1) Delivers to the department a bond or letter of credit that
meets the requirements under section 33 of this 2003 Act.
(2) Pays the fee adopted pursuant to section 32 of this 2003
Act for renewal of a manufactured structure dealer license.
(3) Submits a completed application for renewal in a form
approved by the department that includes:
(a) The name and residence address of the dealer. If the dealer
is a firm or partnership, the application must include the names
or addresses of the members of the dealer. If the dealer is a
corporation, the application must include the names or addresses
of the principal officers of the dealer and the name of the state
in which the dealer is incorporated.
(b) The name under which the business will be conducted.
(c) The street address, including city and county in Oregon,
where the business will be conducted.
(d) If the location of the dealership is being changed at the
time of renewal:
(A) A permit, order or other document signed by a person
authorized by the local governing body to do so, stating that the
location of the business as given in the application for a
license complies with any land use ordinances or business
regulatory ordinances of the city or county. If the business will
be located within a residential zone, the local governing body
may condition the approval of the application under this
subsection by requiring that the manufactured structures that are
on display comply with architectural and aesthetic standards
regulating permanent siting of manufactured structures in the
residential zone.
(B) For a business that will offer for sale new manufactured
structures that are recreational vehicles greater than eight and
one-half feet in width, a certificate from the applicant stating
that the applicant will maintain a recreational vehicle service
facility for those recreational vehicles at a street address
provided in the application.
(e) Any information required by the department to efficiently
regulate manufactured structure dealers and dealerships or other
relevant information required by the department. + }
SECTION 30. { + (1) A licensed manufactured structure dealer
may open additional places of business under the same business
name by obtaining a supplemental license from the Department of
Consumer and Business Services. If the dealer will operate the
additional place of business under a different business name than
that indicated on an existing dealer license, the dealer must
apply for a dealer license for the additional place of business
instead of for a supplemental license.
(2) A manufactured structure dealer may move a place of
business or change a business name by obtaining a corrected
dealer license from the department. The department shall
prescribe the form for application for a corrected license. For
purposes of this subsection, 'place of business' includes a
recreational vehicle service facility.
(3) The department may refuse to issue a dealer license if a
manufactured structure dealer license issued to the dealer by
another jurisdiction is in suspended, revoked or probationary
status in that jurisdiction. This subsection does not authorize
the department to refuse a supplemental license or corrected
license.
(4) A dealer obtaining or renewing a dealer license,
supplemental license or corrected license must pay the applicable
fee adopted pursuant to section 32 of this 2003 Act. + }
{ +
EXHIBITION LICENSING + }
SECTION 31. { + The Department of Consumer and Business
Services may issue a temporary license to any person for the
purpose of conducting an exhibition of manufactured structures by
two or more manufactured structure dealers. An application for a
temporary exhibition license must identify the participating
dealers. The exhibition must be 10 days or less in length and be
an event for which the public is charged admission. A person
obtaining a temporary exhibition license must pay the applicable
fee adopted pursuant to section 32 of this 2003 Act. + }
{ +
LICENSE FEES + }
SECTION 32. { + The Department of Consumer and Business
Services may adopt and charge fees for:
(1) Issuance or renewal of a manufactured structure dealer
license under section 28 or 29 of this 2003 Act. The fee may not
exceed $500 for a license covering a single place of business.
(2) Issuance of a supplemental license under section 30 of this
2003 Act. The fee may not exceed $90 for each additional place of
business operated under the license.
(3) Issuance of a corrected dealer license under section 30 of
this 2003 Act. The fee may not exceed $30.
(4) Issuance of a temporary exhibition license under section 31
of this 2003 Act. + }
{ +
DEALER BONDING/LETTER OF CREDIT + }
SECTION 33. { + (1) A bond or letter of credit required to
qualify for issuance or renewal of a manufactured structure
dealer license under section 28 or 29 of this 2003 Act must
comply with the following requirements:
(a) The bond must have a corporate surety licensed to do
business within this state. A letter of credit must be an
irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008.
(b) The bond or letter of credit must:
(A) Be executed to the State of Oregon;
(B) Be in the sum of $35,000 for each year the license is
valid;
(C) Be in a form approved by the Attorney General;
(D) Be conditioned that the dealer will conduct the
manufactured structure dealership without fraud or fraudulent
representation and without violating any statute or rule relating
to manufactured structure dealers, manufactured structure
dealerships, transfers of interests in manufactured structures,
alteration of manufactured structures or moving manufactured
structures;
(E) Be separate from any bond or letter of credit covering
business activities other than dealing in manufactured
structures; and
(F) Be filed and held in the office of the Department of
Consumer and Business Services.
(2) The surety or institution shall notify the department if
the bond or letter of credit is canceled for any reason. The
surety or institution continues to be liable under the bond or
letter of credit until the department receives the notice
required by this subsection, or until the cancellation date
specified in the notice, whichever is later.
(3) If the license of a manufactured structure dealer is not
renewed or is voluntarily or involuntarily canceled, the surety
on the bond and the issuer of the letter of credit are relieved
from liability that accrues after the department cancels the
license.
(4) The manufactured structure dealer shall purchase a bond or
letter of credit under this section annually on or before each
anniversary of the issuance of the dealer's license.
(5) A person has a right of action against a manufactured
structure dealer, against the surety on the dealer's bond and the
issuer of a letter of credit if the person suffers any loss or
damage by reason of the manufactured structure dealer's fraud,
fraudulent representations or violations of statutes relating to:
(a) Transfer of interests in manufactured structures;
(b) Moving manufactured structures;
(c) The alteration of manufactured structures; or
(d) The regulation of manufactured structure dealers and
manufactured structure dealerships.
(6) Notwithstanding subsection (5) of this section, the maximum
amount available under a bond or letter of credit described in
this section for the payment of claims by persons other than
retail customers of the dealer is $20,000. + }
SECTION 34. Section 33 of this 2003 Act is amended to read:
{ + Sec. 33. + } (1) A bond or letter of credit required to
qualify for issuance or renewal of a manufactured structure
dealer license under section 28 or 29 of this 2003 Act must
comply with the following requirements:
(a) The bond must have a corporate surety licensed to do
business within this state. A letter of credit must be an
irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008.
(b) The bond or letter of credit must:
(A) Be executed to the State of Oregon;
(B) Be in the sum of { - $35,000 - } { + $40,000 + } for
each year the license is valid;
(C) Be in a form approved by the Attorney General;
(D) Be conditioned that the dealer will conduct the
manufactured structure dealership without fraud or fraudulent
representation and without violating any statute or rule relating
to manufactured structure dealers, manufactured structure
dealerships, transfers of interests in manufactured structures,
alteration of manufactured structures or moving manufactured
structures;
(E) Be separate from any bond or letter of credit covering
business activities other than dealing in manufactured
structures; and
(F) Be filed and held in the office of the Department of
Consumer and Business Services.
(2) The surety or institution shall notify the department if
the bond or letter of credit is canceled for any reason. The
surety or institution continues to be liable under the bond or
letter of credit until the department receives the notice
required by this subsection, or until the cancellation date
specified in the notice, whichever is later.
(3) If the license of a manufactured structure dealer is not
renewed or is voluntarily or involuntarily canceled, the surety
on the bond and the issuer of the letter of credit are relieved
from liability that accrues after the department cancels the
license.
(4) The manufactured structure dealer shall purchase a bond or
letter of credit under this section annually on or before each
anniversary of the issuance of the dealer's license.
(5) A person has a right of action against a manufactured
structure dealer, against the surety on the dealer's bond and the
issuer of a letter of credit if the person suffers any loss or
damage by reason of the manufactured structure dealer's fraud,
fraudulent representations or violations of statutes relating to:
(a) Transfer of interests in manufactured structures;
(b) Moving manufactured structures;
(c) The alteration of manufactured structures; or
(d) The regulation of manufactured structure dealers and
manufactured structure dealerships.
(6) Notwithstanding subsection (5) of this section, the maximum
amount available under a bond or letter of credit described in
this section for the payment of claims by persons other than
retail customers of the dealer is $20,000.
SECTION 35. { + The amendments to section 33 of this 2003 Act
by section 34 of this 2003 Act become operative on October 1,
2004. + }
{ +
EFFECT OF DEALER LICENSE + }
SECTION 36. { + A person who has a current, valid manufactured
structure dealer license issued under section 28 or 29 of this
2003 Act:
(1) Is considered the owner of manufactured structures
manufactured or dealt in by the dealer before sale and delivery
of the manufactured structures, and the owner of all manufactured
structures in the dealer's possession.
(2) Is not subject to the recreational vehicle dealer
requirements in ORS chapter 822 when dealing in manufactured
structures that are recreational vehicles greater than eight and
one-half feet in width. + }
{ +
DEALER CRIMINAL OFFENSES + }
SECTION 37. { + (1) A manufactured structure dealer improperly
operates a manufactured structure dealership and is subject to
the penalties under this section if the dealer commits any of the
following crimes:
(a) A manufactured structure dealer commits the crime of
failure to obtain a supplemental license if the dealer has a
manufactured structure dealer license and opens any additional
place of business using the same business name without first
obtaining a supplemental license under section 30 of this 2003
Act.
(b) A manufactured structure dealer commits the crime of
failure to obtain a corrected dealer license if the dealer moves
a place of business or changes the business name without first
obtaining a corrected dealer license under section 30 of this
2003 Act.
(c) A manufactured structure dealer commits the crime of
failure to maintain proper manufactured structure dealer records
if the dealer does not keep records or books with all of the
following information concerning a used manufactured structure
the dealer handles:
(A) A record of the purchase, sale or exchange or of the
dealer's receipt for purpose of sale.
(B) A description of the manufactured structure.
(C) The name and address of the seller, the purchaser and the
alleged owner or other person from whom the manufactured
structure was purchased or received or to whom it was sold or
delivered.
(D) A duly assigned ownership document or other document
evidencing ownership or a bill of sale from the registered owner
of the manufactured structure from the time of delivery to the
dealer until the dealer disposes of the manufactured structure.
(d) A manufactured structure dealer commits the crime of
failure to allow administrative inspection if the dealer refuses
to allow the Department of Consumer and Business Services to
inspect the dealer's records and manufactured structures in the
possession of the dealer at any time during normal business
hours.
(e) A manufactured structure dealer commits the crime of
failure to allow police inspection if the dealer refuses to allow
a police officer to conduct an inspection of the dealer's records
and manufactured structures in the possession of the dealer at
any time during normal business hours.
(f) A manufactured structure dealer commits the crime of
failure to exhibit the manufactured structure dealer license if
the dealer fails to exhibit the license at the place of business
of the dealer at all times while the license is in force. This
paragraph does not apply to dealer activity at a licensed
temporary exhibition of manufactured structures.
(g) A manufactured structure dealer commits the crime of
failure to satisfy an interest in a manufactured structure if,
within 15 days after transfer of any interest in a manufactured
structure to the dealer by a person other than another
manufactured structure dealer, or within 15 days after receiving
ownership documents for a manufactured structure obtained from
another manufactured structure dealer, the dealer fails to
satisfy:
(A) The interest of any person from whom the dealer purchased
or obtained the manufactured structure;
(B) The interest of any person from whom the person described
in subparagraph (A) of this paragraph leased the manufactured
structure; and
(C) All security interests in the manufactured structure
entered into prior to the time of transfer.
(h) Except as provided in subsection (2) of this section, a
manufactured structure dealer commits the crime of failure to
report an interest transfer for a manufactured structure if, 90
calendar days after a transfer of interest that is subject to
section 39 of this 2003 Act, the dealer has failed to submit:
(A) An application to the Department of Consumer and Business
Services for an ownership document; or
(B) Sufficient information to a lender to allow the lender to
make an application to the department for an ownership document.
(i) A person commits the crime of acting as a manufactured
structure dealer while under suspension, revocation or
cancellation if the person conducts business as a manufactured
structure dealer in this state and the person's manufactured
structure dealer license is revoked, canceled or suspended,
regardless of whether the person is licensed as a manufactured
structure dealer in another jurisdiction.
(j) A manufactured structure dealer commits the crime of
failure to maintain bond or letter of credit coverage if the
dealer permits a bond or letter of credit to lapse during the
period that the bond or letter of credit is required under
section 28 or 29 of this 2003 Act or if the dealer fails to
purchase a bond or letter of credit that complies with section 33
of this 2003 Act.
(2) A dealer is not considered to have committed the crime
described in subsection (1)(h) of this section if the dealer
demonstrates that:
(a) The dealer has made a good faith effort to comply; and
(b) The dealer's failure to make an application or provide
information is due to circumstances beyond the dealer's control.
(3) The crimes described in this section are subject to the
following penalties:
(a) The crime described in subsection (1)(a) of this section,
failure to obtain a supplemental license, is a Class A
misdemeanor.
(b) The crime described in subsection (1)(b) of this section,
failure to obtain a corrected dealer license, is a Class A
misdemeanor.
(c) The crime described in subsection (1)(c) of this section,
failure to maintain proper manufactured structure dealer records,
is a Class A misdemeanor.
(d) The crime described in subsection (1)(d) of this section,
failure to allow administrative inspection, is a Class A
misdemeanor.
(e) The crime described in subsection (1)(e) of this section,
failure to allow police inspection, is a Class A misdemeanor.
(f) The crime described in subsection (1)(f) of this section,
failure to exhibit the manufactured structure dealer license, is
a Class A misdemeanor.
(g) The crime described in subsection (1)(g) of this section,
failure to satisfy an interest in a manufactured structure, is a
Class A misdemeanor.
(h) The crime described in subsection (1)(h) of this section,
failure to report an interest transfer for a manufactured
structure, is a Class A misdemeanor.
(i) The crime described in subsection (1)(i) of this section,
acting as a manufactured structure dealer while under suspension,
revocation or cancellation, is a Class A misdemeanor.
(j) The crime described in subsection (1)(j) of this section,
failure to maintain bond or letter of credit coverage, is a Class
A misdemeanor. + }
{ +
DISCIPLINE OF LICENSEES; LICENSE CANCELLATION + }
SECTION 38. { + (1) The Department of Consumer and Business
Services may revoke or suspend a manufactured structure dealer
license, or place a dealer on probation, if the dealer does any
of the following:
(a) Violates any grounds for suspension, revocation or
probation adopted by the department by rule.
(b) Fails to comply with the requirements for notices or
reports of the transfer of interest in manufactured structures.
(c) Moves a manufactured structure or causes a manufactured
structure to be moved without complying with the requirements for
variance permits under ORS 818.200 and trip permits under section
22 of this 2003 Act.
(d) Knowingly provides false information on an application for
a dealer license, supplemental license, temporary exhibition
license or corrected dealer license.
(2) The department shall cancel a manufactured structure dealer
license immediately upon receipt of legal notice that the bond
described under section 33 of this 2003 Act is canceled.
(3) Upon suspension, revocation or cancellation of a
manufactured structure dealer license under this section, the
department shall demand the return of the license. + }
{ +
DEALER REPORTING OF INTEREST TRANSFER + }
SECTION 39. { + (1) A manufactured structure dealer who
transfers an interest in a manufactured structure shall:
(a) Submit to the Department of Consumer and Business Services
an application for an ownership document on behalf of the
purchaser; or
(b) If the purchase is being financed, submit sufficient
information to a lender to allow the lender to make an
application to the department for an ownership document.
(2) An application under subsection (1) of this section must be
on a form approved by the department and include:
(a) The year, make, style and manufacturer's identification
number for the manufactured structure.
(b) Any existing ownership document for the structure or, if
none, the manufacturer's certificate of origin or other document
evidencing ownership of the manufactured structure.
(c) The legal description or street address for the proposed
situs for the manufactured structure.
(d) The identity of the owner of record for the location where
the manufactured structure is being sited or, if the structure is
being sited in a facility as defined in ORS 90.100, the name of
the facility.
(e) The name and mailing address of each person acquiring an
ownership interest in the manufactured structure.
(f) The name and mailing address of each person acquiring a
security interest in the manufactured structure.
(g) Any other information required by the department by rule
for processing an application.
(3) If a manufactured structure dealer is unable to comply with
subsection (1) of this section, within 25 business days of the
transfer the dealer shall provide a notice of delay to the
security interest holder next named, if any, and the purchaser.
The notice must contain:
(a) The reason for the delay;
(b) The anticipated extent of the delay; and
(c) A statement of the rights and remedies available to the
purchaser if the delay becomes unreasonably extended.
(4) A manufactured structure dealer that fails to comply with
this section is subject to cancellation or suspension of the
dealer's license by the Department of Consumer and Business
Services pursuant to section 38 of this 2003 Act. A dealer that
fails to comply with subsection (1) of this section within 90
days is subject to criminal penalties under section 37 (1)(h) of
this 2003 Act.
(5) This section does not apply to a transfer of interest in a
manufactured structure that is subject to an escrow
transaction. + }
{ +
CONSIGNMENT SALES + }
SECTION 40. { + (1) A manufactured structure dealer commits
the crime of engaging in illegal consignment practices if the
dealer does any of the following:
(a) Takes a manufactured structure on consignment from a person
who is not a licensed dealer and does not have proof that the
consignor is the owner of, or a security interest holder in, the
structure.
(b) Takes a manufactured structure on consignment from a
security interest holder without the security interest holder
first completing a repossession action prior to consigning the
structure and providing the dealer with proper documentary proof
of the repossession action.
(c) Takes a manufactured structure on consignment and does not
have the terms of the consignment agreement in writing and
provide a copy of the agreement to the consignor. The agreement
must include a provision stating that, if the terms of the
agreement are not met, the consignor may file a complaint in
writing with the Department of Consumer and Business Services,
Salem, Oregon.
(d) Sells a manufactured structure that the dealer has on
consignment and does not pay the consignor within 10 days after
the sale.
(e) Refuses to allow the department or any duly authorized
representative to inspect and audit any records of any separate
accounts into which the dealer deposits any funds received or
handled by the dealer in the course of business as a dealer from
consignment sales of manufactured structures at such times as the
department may direct.
(f) Takes any money paid to the dealer in connection with any
consignment transaction as part or all of the dealer's commission
or fee until the transaction has been completed or terminated.
(g) Does not make arrangement with the seller for the
disposition of money from a consignment transaction at the time
of establishing a consignment agreement.
(h) Sells a manufactured structure that the dealer has taken on
consignment without first giving the purchaser the following
disclosure in writing: + }
________________________________________________________________
{ +
DISCLOSURE REGARDING + }
{ +
CONSIGNMENT SALE + }
{ + ____________ (Name of Dealer) is selling the following
described manufactured structure: _____ (Year) _____ (Make)
_____ (Model) _____ (Manufacturer's Identification Number) on
consignment. Ownership of this manufactured structure is in the
name of: ________ (Owner(s) as shown on the ownership document)
and the following are listed on the ownership document as
security interest holders: + }
________________________________________________________________
________________________________________________________________
{ + YOU SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY
INTERESTS ARE RELEASED AND THAT THE OWNERSHIP DOCUMENT FOR THE
MANUFACTURED STRUCTURE IS TRANSFERRED TO YOU. OTHERWISE, YOU MAY
TAKE OWNERSHIP SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS. + }
________________________________________________________________
{ + (2) Engaging in illegal consignment practices is a Class
A misdemeanor. + }
SECTION 41. { + (1) A person commits the crime of violation of
a consigned manufactured structure transfer if the person
consigns a manufactured structure to a manufactured structure
dealer and the person fails or refuses to deliver the ownership
document for the structure to the dealer or purchaser upon sale
of the structure under consignment.
(2) Violation of a consigned manufactured structure transfer is
a Class A misdemeanor. + }
{ +
CIVIL ACTION AGAINST UNLICENSED DEALER + }
SECTION 42. { + The Attorney General may bring an action for
an injunction or other relief in the name of the Department of
Consumer and Business Services against a person dealing in
manufactured structures in violation of section 26 of this 2003
Act. The court may award a prevailing party reasonable costs and
disbursements, and attorney and enforcement fees. + }
{ +
NOTICE OF PROCEEDINGS AGAINST + }
{ +
ALLEGED UNLICENSED DEALER + }
SECTION 43. { + (1) If the Department of Consumer and Business
Services or the Attorney General proceeds under ORS 455.895 or
section 42 of this 2003 Act, the department may post a notice on
any manufactured structure held in inventory by a person alleged
to be acting as a manufactured structure dealer without a
license. The notice must state that the person offering the
manufactured structure for sale is currently the subject of a
proceeding to determine whether the person has a manufactured
structure dealer license and that it may be unlawful for the
person to sell the manufactured structure to a retail customer.
(2) A person may remove a notice posted in accordance with
subsection (1) of this section only upon authorization by the
department. The department shall authorize removal within 10 days
after any one of the following occurs:
(a) The dismissal or termination of the proceeding instituted
under ORS 455.895 or section 42 of this 2003 Act;
(b) Full payment of any lawfully owing civil penalty and
compliance with sections 25 to 43 of this 2003 Act; or
(c) A finding by the department or a court that the
manufactured structure is being offered for sale by a licensed
manufactured structure dealer or a person who is exempt from the
licensing requirement under section 27 of this 2003 Act. + }
{ +
DEPARTMENT OF TRANSPORTATION REGULATION OF MOVES + }
SECTION 44. { + Sections 45 and 46 of this 2003 Act are added
to and made a part of the Oregon Vehicle Code. + }
SECTION 45. { + The Department of Transportation may adopt
rules regulating the transportation of manufactured structures on
highways of this state. The rules may include, but need not be
limited to, rules requiring the temporary outfitting of a
manufactured structure with specified equipment while being
transported. + }
{ +
DEPARTMENT OF TRANSPORTATION CIVIL PENALTY + }
SECTION 46. { + The Department of Transportation may impose a
civil penalty on a manufactured structure dealer who moves a
manufactured structure or causes a manufactured structure to be
moved without complying with the requirements for variance
permits under ORS 818.200 or for trip permits under section 22 of
this 2003 Act. The civil penalty may not exceed $5,000 for each
improperly moved manufactured structure. The department shall
impose a civil penalty under this section in the manner provided
in ORS 183.090. + }
{ +
CERTIFICATE CONTINUATION + }
SECTION 47. { + (1) Notwithstanding section 26 of this 2003
Act, a manufactured structure dealer who holds a certificate
issued by the Department of Transportation pursuant to ORS
822.020 or 822.040 prior to the operative date of section 1 of
this 2003 Act may continue to conduct business under authority of
that certificate until the certificate expires or January 1,
2006, whichever occurs first. A dealer described in this section
is subject to regulation by the Department of Consumer and
Business Services in the same manner as a dealer conducting
business under a license issued under section 28 or 29 of this
2003 Act.
(2) Except as otherwise provided in this subsection, a dealer
holding a certificate described in subsection (1) of this section
may obtain a manufactured structure dealer license from the
Department of Consumer and Business Services by complying with
the requirements of section 29 of this 2003 Act for renewal of a
license. + }
{ +
AMENDMENTS TO OREGON REVISED STATUTES + }
SECTION 48. ORS 59.840 is amended to read:
59.840. As used in ORS 59.840 to 59.980:
(1) 'Director' means the Director of the Department of Consumer
and Business Services.
(2) 'Fraud,' 'deceit' and 'defraud' are not limited to
common-law deceit.
(3) 'License' means a license issued to a mortgage banker or
mortgage broker under ORS 59.840 to 59.980.
(4)(a) 'Loan originator' means an individual employed by or
purporting to act as an agent or independent contractor for a
mortgage banker or mortgage broker that is required to be
licensed under ORS 59.840 to 59.980, with the expectation by the
individual of compensation or gain that is determined by the
amount borrowed or the terms and conditions agreed to by the
mortgage loan borrower, and having primary job responsibilities
that include negotiating with a borrower or potential borrower
for the purpose of establishing the terms and conditions of a
mortgage loan.
(b) 'Loan originator' includes a person employed at a location
outside this state whose primary job responsibilities include
contacting or attempting to contact a borrower or potential
borrower within this state through any medium or mode of
communication for purposes of providing a mortgage loan within
this state.
(c) 'Loan originator' does not include an individual whose
responsibilities are clerical or administrative functions,
including but not limited to gathering information, requesting
information, word processing, soliciting general interest in
mortgage loans, sending correspondence and assembling files.
(d) 'Loan originator' does not include an employee of a
mortgage banker that is rated as good or better under the federal
rating system in effect on May 1, 2001, for seller-servicers of
Federal Housing Administration, Federal Home Loan Mortgage
Corporation or Federal National Mortgage Association loans and
that has an office within this state at which the mortgage banker
maintains complete and current copies of all employment records
and other records as required by the Director of the Department
of Consumer and Business Services by order or rule, in a format
acceptable to the director.
(e) 'Loan originator' does not include an insurance agent or
insurance consultant licensed under ORS 744.002.
(f) 'Loan originator' does not include a person or group of
persons exempted by rule or order of the director.
(5) 'Mortgage banker':
(a) Means any person who for compensation or in the expectation
of compensation:
(A) Either directly or indirectly makes, negotiates or offers
to make or negotiate a mortgage banking loan or a mortgage loan;
and
(B) Services or sells a mortgage banking loan.
(b) Does not include:
(A) A financial institution, as defined in ORS 706.008.
(B) A financial holding company or a bank holding company, as
defined in ORS 706.008, holding an institution described in
subparagraph (A) of this paragraph; a savings and loan holding
company as defined in section 408 of the National Housing Act, 12
U.S.C. 1730a (1982), holding an association described in
subparagraph (A) of this paragraph; the subsidiaries and
affiliates of the financial holding company, bank holding company
or savings and loan holding company; or subsidiaries and
affiliates of institutions described in subparagraph (A) of this
paragraph, provided that the appropriate statutory regulatory
authority is exercising control over or is regulating or
supervising the persons listed in this subparagraph in their
mortgage banking activities in accordance with the purposes of
ORS 59.840 to 59.980.
(C) A person who makes a loan secured by an interest in real
estate with the person's own moneys, for the person's own
investment and who is not engaged in the business of making loans
secured by an interest in real estate.
(D) An attorney licensed in this state who negotiates mortgage
banking loans or mortgage loans in the ordinary course of
business, unless the business of negotiating mortgage banking
loans or mortgage loans constitutes substantially all of the
attorney's professional activity.
(E) A person who, as seller of real property, receives one or
more mortgages or deeds of trust as security for a separate money
obligation.
(F) An agency of any state or of the United States.
(G) A person who receives a mortgage or deed of trust on real
property as security for an obligation payable on an installment
or deferred payment basis and arising out of materials furnished
or services rendered in the improvement of that real property or
any lien created without the consent of the owner of the real
property.
(H) A person who funds a mortgage banking loan or mortgage loan
which has been originated and processed by a licensee or by an
exempt person and who does not maintain a place of business in
this state in connection with funding mortgage banking loans or
mortgage loans, does not directly or indirectly solicit borrowers
in this state for the purpose of making mortgage banking loans or
mortgage loans and does not participate in the negotiation of
mortgage banking loans or mortgage loans. For the purpose of this
subparagraph, 'negotiation of mortgage banking loans or mortgage
loans' does not include setting the terms under which a person
may buy or fund a mortgage banking loan or a mortgage loan
originated by a licensee or exempt person.
(I) A nonprofit federally tax exempt corporation certified by
the United States Small Business Administration and organized to
promote economic development within this state whose primary
activity consists of providing financing for business expansion.
(J) A licensee licensed under ORS chapter 725 or a mortgage
broker.
(K) A retirement or pension fund.
(L) An insurer as defined in ORS 731.106.
(M) A court appointed fiduciary.
(N) Any other person designated by rule or order of the
director.
(6) 'Mortgage banking loan' means a loan, extension of credit
or a retail sales contract that is funded exclusively from the
mortgage banker's own resources, which is directly or indirectly
secured by a mortgage or deed of trust or any lien interest on
real estate and which is created with the consent of the owner of
the real property. For purposes of this subsection, ' own
resources' means any of the following:
(a) Cash, corporate capital, warehouse credit lines at
financial institutions defined in ORS 706.008 or other sources
that are liability items of the mortgage banker's financial
statements for which its assets are pledged;
(b) Correspondent contracts between the mortgage banker and a
bank, savings bank, trust company, savings and loan association,
credit union, profit sharing or pension trust, a licensee under
ORS chapter 725 or an insurance company; or
(c) The mortgage banker's affiliates' cash, corporate capital,
warehouse credit lines at financial institutions defined in ORS
706.008 or other sources that are liability items on the
affiliates' financial statements for which the affiliates' assets
are pledged. As used in this paragraph, 'affiliates' means
entities that, directly or indirectly, through one or more
intermediaries controls, are controlled by or are under common
control with the entity specified.
(7) 'Mortgage broker':
(a) Means a person who:
(A) Engages all or part of the time, for the account of others
or for the person's own account, in the business of selling real
estate paper whether as issuer, agent or principal to persons
other than persons enumerated in ORS 59.035 (4);
(B) Engages all or part of the time, for the account of others
or for the person's own account, in the business of accepting
funds from one or more persons other than persons enumerated in
ORS 59.035 (4) for investment in real estate paper; or
(C) For compensation, or in the expectation of compensation,
either directly or indirectly makes, negotiates or offers to make
or negotiate a mortgage loan.
(b) Does not include:
(A) A financial institution, as defined in ORS 706.008.
(B) A financial holding company or a bank holding company, as
defined in ORS 706.008, holding an institution described in
subparagraph (A) of this paragraph; a savings and loan holding
company as defined in section 408 of the National Housing Act, 12
U.S.C. 1730a (1982), holding an association described in
subparagraph (A) of this paragraph; the subsidiaries and
affiliates of the financial holding company, bank holding company
or savings and loan holding company; or subsidiaries and
affiliates of institutions described in subparagraph (A) of this
paragraph, provided that the appropriate statutory regulatory
authority is exercising control over or is regulating or
supervising the persons listed in this subparagraph in their
mortgage brokering activities in accordance with the purposes of
ORS 59.840 to 59.980.
(C) A person who purchases real property and issues an
obligation to finance the transaction to the seller incidentally
to the sale.
(D) A real estate licensee as defined in ORS 696.010 who
performs services solely incidental to the practice of
professional real estate activity as defined in ORS 696.010,
unless the real estate licensee performs the functions of a
mortgage banker or a mortgage broker as defined in this section.
(E) A person licensed under the provisions of ORS chapter 725
or a mortgage banker.
(F) A person who makes a loan secured by an interest in real
estate with the person's own moneys, for the person's own
investment and who is not engaged in the business of making loans
secured by an interest in real estate.
(G) An attorney licensed in this state who negotiates mortgage
loans in the ordinary course of business, unless the business of
negotiating mortgage loans constitutes substantially all of the
attorney's professional activity.
(H) A person who, as seller of real property, receives one or
more mortgages or deeds of trust as security for a separate money
obligation.
(I) An agency of any state or of the United States.
(J) A person who receives a mortgage or deed of trust on real
property as security for an obligation payable on an installment
or deferred payment basis and arising out of materials furnished
or services rendered in the improvement of that real property or
any lien created without the consent of the owner of the real
property.
(K) A person who funds a mortgage loan which has been
originated and processed by a licensee or by an exempt person and
who does not maintain a place of business in this state in
connection with funding mortgage loans, does not directly or
indirectly solicit borrowers in this state for the purpose of
making mortgage loans and does not participate in the negotiation
of mortgage loans. For the purpose of this subparagraph, '
negotiation of mortgage loans' does not include setting the terms
under which a person may buy or fund a mortgage loan originated
by a licensee or exempt person.
(L) A nonprofit federally tax exempt corporation certified by
the United States Small Business Administration and organized to
promote economic development within this state whose primary
activity consists of providing financing for business expansion.
(M) A person licensed under { - ORS 822.020 - } { + section
28 or 29 of this 2003 Act + } who provides services customarily
associated with the retail sales of manufactured dwellings,
including communication of generally available information
regarding mortgage loans, unless:
(i) The person receives from a purchaser a fee or commission as
a mortgage broker or mortgage banker that is disclosed in the
sales contract, purchase agreement or applicable federal
documents;
(ii) For the benefit of a potential purchaser, the person
completes a loan application form or other document that is part
of a mortgage banking loan and completes a good faith estimate
under the federal Real Estate Settlement Procedures Act (12
U.S.C. 2601 et seq.);
(iii) The person solicits or receives credit information from a
prospective purchaser for the purpose of making credit decisions;
or
(iv) The person negotiates with a potential purchaser the terms
of a mortgage loan including but not limited to points, interest
rates, length of loan or other loan conditions.
(N) Any other person designated by rule or order of the
director.
(8) 'Mortgage loan' means a loan, extension of credit or retail
sales contract, other than a mortgage banking loan, secured by a
mortgage or deed of trust or any lien interest on real estate
that is created with the consent of the owner of the real estate.
(9) 'Residential mortgage transaction' means a transaction in
which a mortgage, deed of trust, purchase money security interest
arising under an installment sales contract, or equivalent
consensual security interest is created or retained in property
upon which four or fewer residential dwelling units are planned
or situated, including but not limited to individual units or
condominiums and cooperatives. As used in this subsection, '
residential dwelling unit' means an improvement designed for
residential occupancy.
SECTION 49. ORS 79.0102 is amended to read:
79.0102. (1) As used in this chapter:
(a) 'Accession' means goods that are physically united with
other goods in such a manner that the identity of the original
goods is not lost.
(b) 'Account,' except as used in 'account for,' means a right
to payment of a monetary obligation, whether or not earned by
performance, (i) for property that has been or is to be sold,
leased, licensed, assigned, or otherwise disposed of, (ii) for
services rendered or to be rendered, (iii) for a policy of
insurance issued or to be issued, (iv) for a secondary obligation
incurred or to be incurred, (v) for energy provided or to be
provided, (vi) for the use or hire of a vessel under a charter or
other contract, (vii) arising out of the use of a credit or
charge card or information contained on or for use with the card,
or (viii) as winnings in a lottery or other game of chance
operated or sponsored by a state, governmental unit of a state,
or person licensed or authorized to operate the game by a state
or governmental unit of a state. The term includes
health-care-insurance receivables. The term does not include (i)
rights to payment evidenced by chattel paper or an instrument,
(ii) commercial tort claims, (iii) deposit accounts, (iv)
investment property, (v) letter-of-credit rights or letters of
credit, or (vi) rights to payment for money or funds advanced or
sold, other than rights arising out of the use of a credit or
charge card or information contained on or for use with the card.
(c) 'Account debtor' means a person obligated on an account,
chattel paper or general intangible. The term does not include
persons obligated to pay a negotiable instrument, even if the
instrument constitutes part of chattel paper.
(d) 'Accounting,' except as used in 'accounting for, ' means a
record:
(A) Authenticated by a secured party;
(B) Indicating the aggregate unpaid secured obligations as of a
date not more than 35 days earlier or 35 days later than the date
of the record; and
(C) Identifying the components of the obligations in reasonable
detail.
(e) 'Agricultural lien' means an interest, other than a
security interest or a lien created under ORS 87.226, 87.228,
87.700 to 87.736 or 87.750 to 87.777, in farm products:
(A) Which secures payment or performance of an obligation for:
(i) Goods or services furnished in connection with a debtor's
farming operation; or
(ii) Rent on real property leased by a debtor in connection
with its farming operation;
(B) Which is created by statute in favor of a person that:
(i) In the ordinary course of its business furnished goods or
services to a debtor in connection with a debtor's farming
operation; or
(ii) Leased real property to a debtor in connection with the
debtor's farming operation; and
(C) Whose effectiveness does not depend on the person's
possession of the personal property.
(f) 'As-extracted collateral' means:
(A) Oil, gas or other minerals that are subject to a security
interest that:
(i) Is created by a debtor having an interest in the minerals
before extraction; and
(ii) Attaches to the minerals as extracted; or
(B) Accounts arising out of the sale at the wellhead or
minehead of oil, gas or other minerals in which the debtor had an
interest before extraction.
(g) 'Authenticate' means:
(A) To sign; or
(B) To execute or otherwise adopt a symbol, or encrypt or
similarly process a record in whole or in part, with the present
intent of the authenticating person to identify the person and
adopt or accept a record.
(h) 'Bank' means an organization that is engaged in the
business of banking. The term includes savings banks, savings and
loan associations, credit unions and trust companies.
(i) 'Cash proceeds' means proceeds that are money, checks,
deposit accounts or the like.
(j) 'Certificate of title' means a certificate of title with
respect to which a statute provides for the security interest in
question to be indicated on the certificate as a condition or
result of the security interest's obtaining priority over the
rights of a lien creditor with respect to the collateral.
(k) 'Chattel paper' means a record or records that evidence
both a monetary obligation and a security interest in specific
goods, a security interest in specific goods and software used in
the goods, a security interest in specific goods and license of
software used in the goods, a lease of specific goods, or a lease
of specific goods and license of software used in the goods. In
this paragraph, 'monetary obligation' means a monetary obligation
secured by the goods or owed under a lease of the goods and
includes a monetary obligation with respect to software used in
the goods. The term does not include (i) charters or other
contracts involving the use or hire of a vessel or (ii) records
that evidence a right to payment arising out of the use of a
credit or charge card or information contained on or for use with
the card. If a transaction is evidenced by records that include
an instrument or series of instruments, the group of records
taken together constitutes chattel paper.
(L) 'Collateral' means the property subject to a security
interest or agricultural lien. The term includes:
(A) Proceeds to which a security interest attaches;
(B) Accounts, chattel paper, payment intangibles and promissory
notes that have been sold; and
(C) Goods that are the subject of a consignment.
(m) 'Commercial tort claim' means a claim arising in tort with
respect to which:
(A) The claimant is an organization; or
(B) The claimant is an individual and the claim:
(i) Arose in the course of the claimant's business or
profession; and
(ii) Does not include damages arising out of personal injury to
or the death of an individual.
(n) 'Commodity account' means an account maintained by a
commodity intermediary in which a commodity contract is carried
for a commodity customer.
(o) 'Commodity contract' means a commodity futures contract, an
option on a commodity futures contract, a commodity option or
another contract if the contract or option is:
(A) Traded on or subject to the rules of a board of trade that
has been designated as a contract market for such a contract
pursuant to federal commodities laws; or
(B) Traded on a foreign commodity board of trade, exchange, or
market, and is carried on the books of a commodity intermediary
for a commodity customer.
(p) 'Commodity customer' means a person for which a commodity
intermediary carries a commodity contract on its books.
(q) 'Commodity intermediary' means a person that:
(A) Is registered as a futures commission merchant under
federal commodities law; or
(B) In the ordinary course of its business provides clearance
or settlement services for a board of trade that has been
designated as a contract market pursuant to federal commodities
law.
(r) 'Communicate' means:
(A) To send a written or other tangible record;
(B) To transmit a record by any means agreed upon by the
persons sending and receiving the record; or
(C) In the case of transmission of a record to or by a filing
office, to transmit a record by any means prescribed by
filing-office rule.
(s) 'Consignee' means a merchant to which goods are delivered
in a consignment.
(t) 'Consignment' means a transaction, regardless of its form,
in which a person delivers goods to a merchant for the purpose of
sale and:
(A) The merchant:
(i) Deals in goods of that kind under a name other than the
name of the person making delivery;
(ii) Is not an auctioneer; and
(iii) Is not generally known by its creditors to be
substantially engaged in selling the goods of others;
(B) With respect to each delivery, the aggregate value of the
goods is $1,000 or more at the time of delivery;
(C) The goods are not consumer goods immediately before
delivery; and
(D) The transaction does not create a security interest that
secures an obligation.
(u) 'Consignor' means a person that delivers goods to a
consignee in a consignment.
(v) 'Consumer debtor' means a debtor in a consumer transaction.
(w) 'Consumer goods' means goods that are used or bought for
use primarily for personal, family or household purposes.
(x) 'Consumer-goods transaction' means a consumer transaction
in which:
(A) An individual incurs an obligation primarily for personal,
family or household purposes; and
(B) A security interest in consumer goods secures the
obligation.
(y) 'Consumer obligor' means an obligor who is an individual
and who incurred the obligation as part of a transaction entered
into primarily for personal, family or household purposes.
(z) 'Consumer transaction' means a transaction in which (i) an
individual incurs an obligation primarily for personal, family or
household purposes, (ii) a security interest secures the
obligation, and (iii) the collateral is held or acquired
primarily for personal, family or household purposes. The term
includes consumer-goods transactions.
(aa) 'Continuation statement' means an amendment of a financing
statement which:
(A) Identifies, by its file number, the initial financing
statement to which it relates; and
(B) Indicates that it is a continuation statement for, or that
it is filed to continue the effectiveness of, the identified
financing statement.
(bb) 'Debtor' means:
(A) A person having an interest, other than a security interest
or other lien, in the collateral, whether or not the person is an
obligor;
(B) A seller of accounts, chattel paper, payment intangibles or
promissory notes; or
(C) A consignee.
(cc) 'Deposit account' means a demand, time, savings, passbook
or similar account maintained with a bank. The term does not
include investment property or accounts evidenced by an
instrument.
(dd) 'Document' means a document of title or a receipt of the
type described in ORS 77.2010 (2).
(ee) 'Electronic chattel paper' means chattel paper evidenced
by a record or records consisting of information stored in an
electronic medium.
(ff) 'Encumbrance' means a right, other than an ownership
interest, in real property. The term includes mortgages and other
liens on real property.
(gg) 'Equipment' means goods other than inventory, farm
products or consumer goods.
(hh) 'Farm products' means goods, other than standing timber,
with respect to which the debtor is engaged in a farming
operation and which are:
(A) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines and bushes; and
(ii) Aquatic goods produced in aquacultural operations;
(B) Livestock, born or unborn, including aquatic goods produced
in aquacultural operations;
(C) Supplies used or produced in a farming operation; or
(D) Products of crops or livestock in their unmanufactured
states.
(ii) 'Farming operation' means raising, cultivating,
propagating, fattening, grazing or any other farming, livestock
or aquacultural operation.
(jj) 'File number' means the number assigned to an initial
financing statement pursuant to ORS 79.0519 (1).
(kk) 'Filing office' means an office designated in ORS 79.0501
as the place to file a financing statement.
(LL) 'Filing-office rule' means a rule adopted pursuant to ORS
79.0526.
(mm) 'Financing statement' means a record or records composed
of an initial financing statement and any filed record relating
to the initial financing statement.
(nn) 'Fixture filing' means the filing of a financing statement
covering goods that are or are to become fixtures and satisfying
ORS 79.0502 (1) and (2). The term includes the filing of a
financing statement covering goods of a transmitting utility
which are or are to become fixtures.
(oo) 'Fixtures' means goods that have become so related to
particular real property that an interest in them arises under
real property law. The term does not include portable irrigation
equipment including movable pipe, pumps, electrical pump panels,
pump columns, electrical wire, wheel lines, center pivots and
handlines. The term includes domestic pumps, domestic pump wire,
domestic pump panels, domestic pump columns, and buried
irrigation equipment including buried pipe, buried electrical
wire and all buried well casings.
(pp) 'General intangible' means any personal property,
including things in action, other than accounts, chattel paper,
commercial tort claims, deposit accounts, documents, goods,
instruments, investment property, letter-of-credit rights,
letters of credit, money and oil, gas or other minerals before
extraction. The term includes payment intangibles and software.
(qq) 'Good faith' means honesty in fact and the observance of
reasonable commercial standards of fair dealing.
(rr) 'Goods' means all things that are movable when a security
interest attaches. The term includes (i) fixtures, (ii) standing
timber that is to be cut and removed under a conveyance or
contract for sale, (iii) the unborn young of animals, (iv) crops
grown, growing or to be grown, even if the crops are produced on
trees, vines or bushes, and (v) manufactured { - homes - }
{ + structures + }. The term also includes a computer program
embedded in goods and any supporting information provided in
connection with a transaction relating to the program if (i) the
program is associated with the goods in such a manner that it
customarily is considered part of the goods, or (ii) by becoming
the owner of the goods, a person acquires a right to use the
program in connection with the goods. The term does not include a
computer program embedded in goods that consist solely of the
medium in which the program is embedded. The term also does not
include accounts, chattel paper, commercial tort claims, deposit
accounts, documents, general intangibles, instruments, investment
property, letter-of-credit rights, letters of credit, money or
oil, gas or other minerals before extraction.
(ss) 'Governmental unit' means a subdivision, agency,
department, county, parish, municipality or other unit of the
government of the United States, a state or a foreign country.
The term includes an organization having a separate corporate
existence if the organization is eligible to issue debt on which
interest is exempt from income taxation under the laws of the
United States.
(tt) 'Health-care-insurance receivable' means an interest in or
claim under a policy of insurance which is a right to payment of
a monetary obligation for health-care goods or services provided.
(uu) 'Instrument' means a negotiable instrument or any other
writing that evidences a right to the payment of a monetary
obligation, is not itself a security agreement or lease, and is
of a type that in ordinary course of business is transferred by
delivery with any necessary indorsement or assignment. The term
does not include (i) investment property, (ii) letters of credit
or (iii) writings that evidence a right to payment arising out of
the use of a credit or charge card or information contained on or
for use with the card.
(vv) 'Inventory' means goods, other than farm products, which:
(A) Are leased by a person as lessor;
(B) Are held by a person for sale or lease or to be furnished
under a contract of service;
(C) Are furnished by a person under a contract of service; or
(D) Consist of raw materials, work in process, or materials
used or consumed in a business.
(ww) 'Investment property' means a security, whether
certificated or uncertificated, security entitlement, securities
account, commodity contract or commodity account.
(xx) 'Jurisdiction of organization,' with respect to a
registered organization, means the jurisdiction under whose law
the organization is organized.
(yy) 'Letter-of-credit right' means a right to payment or
performance under a letter of credit, whether or not the
beneficiary has demanded or is at the time entitled to demand
payment or performance. The term does not include the right of a
beneficiary to demand payment or performance under a letter of
credit.
(zz) 'Lien creditor' means:
(A) A creditor that has acquired a lien on the property
involved by attachment, levy or the like;
(B) An assignee for benefit of creditors from the time of
assignment;
(C) A trustee in bankruptcy from the date of the filing of the
petition; or
(D) A receiver in equity from the time of appointment.
{ - (aaa) 'Manufactured home' means a structure,
transportable in one or more sections, which, in the traveling
mode, is eight body feet or more in width or 40 body feet or more
in length, or, when erected on site, is 320 or more square feet,
and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing,
heating, air-conditioning and electrical systems contained
therein. The term includes any structure that meets all of the
requirements of this paragraph except the size requirements and
with respect to which the manufacturer voluntarily files a
certification required by the United States Secretary of Housing
and Urban Development and complies with the standards established
under Title 42 of the United States Code. - }
{ + (aaa) 'Manufactured structure' has the meaning given that
term in section 8 of this 2003 Act. + }
(bbb) ' { - Manufactured-home - } { +
Manufactured-structure + } transaction' means a secured
transaction:
(A) That creates a purchase-money security interest in a
manufactured { - home - } { + structure + }, other than a
manufactured { - home - } { + structure + } held as inventory;
or
(B) In which a manufactured { - home - } { + structure + },
other than a manufactured { - home - } { + structure + } held
as inventory, is the primary collateral.
(ccc) 'Mortgage' means a consensual interest in real property,
including fixtures, which secures payment or performance of an
obligation.
(ddd) 'New debtor' means a person that becomes bound as debtor
under ORS 79.0203 (4) by a security agreement previously entered
into by another person.
(eee) 'New value' means (i) money, (ii) money's worth in
property, services or new credit, or (iii) release by a
transferee of an interest in property previously transferred to
the transferee. The term does not include an obligation
substituted for another obligation.
(fff) 'Noncash proceeds' means proceeds other than cash
proceeds.
(ggg) 'Obligor' means a person that, with respect to an
obligation secured by a security interest in or an agricultural
lien on the collateral, (i) owes payment or other performance of
the obligation, (ii) has provided property other than the
collateral to secure payment or other performance of the
obligation, or (iii) is otherwise accountable in whole or in part
for payment or other performance of the obligation. The term does
not include issuers or nominated persons under a letter of
credit.
(hhh) 'Original debtor,' except as used in ORS 79.0310 (3),
means a person that, as debtor, entered into a security agreement
to which a new debtor has become bound under ORS 79.0203 (4).
(iii) 'Payment intangible' means a general intangible under
which the account debtor's principal obligation is a monetary
obligation.
(jjj) 'Person related to,' with respect to an individual,
means:
(A) The spouse of the individual;
(B) A brother, brother-in-law, sister or sister-in-law of the
individual;
(C) An ancestor or lineal descendant of the individual or the
individual's spouse; or
(D) Any other relative, by blood or marriage, of the individual
or the individual's spouse who shares the same home with the
individual.
(kkk) 'Person related to,' with respect to an organization,
means:
(A) A person directly or indirectly controlling, controlled by,
or under common control with the organization;
(B) An officer or director of, or a person performing similar
functions with respect to, the organization;
(C) An officer or director of, or a person performing similar
functions with respect to, a person described in subparagraph (A)
of this paragraph;
(D) The spouse of an individual described in subparagraph (A),
(B) or (C) of this paragraph; or
(E) An individual who is related by blood or marriage to an
individual described in subparagraph (A), (B), (C) or (D) of this
paragraph and shares the same home with the individual.
(LLL) 'Proceeds,' except as used in ORS 79.0609 (2), means the
following property:
(A) Whatever is acquired upon the sale, lease, license,
exchange or other disposition of collateral;
(B) Whatever is collected on, or distributed on account of,
collateral;
(C) Rights arising out of collateral;
(D) To the extent of the value of collateral, claims arising
out of the loss, nonconformity or interference with the use of,
defects or infringement of rights in, or damage to, the
collateral; or
(E) To the extent of the value of collateral and to the extent
payable to the debtor or the secured party, insurance payable by
reason of the loss or nonconformity of, defects or infringement
of rights in, or damage to, the collateral.
(mmm) 'Promissory note' means an instrument that evidences a
promise to pay a monetary obligation, does not evidence an order
to pay, and does not contain an acknowledgment by a bank that the
bank has received for deposit a sum of money or funds.
(nnn) 'Proposal' means a record authenticated by a secured
party which includes the terms on which the secured party is
willing to accept collateral in full or partial satisfaction of
the obligation it secures pursuant to ORS 79.0620, 79.0621 and
79.0622.
(ooo) 'Public-finance transaction' means a secured transaction
in connection with which:
(A) Debt securities are issued;
(B) All or a portion of the securities issued have an initial
stated maturity of at least 20 years; and
(C) The debtor, obligor, secured party, account debtor or other
person obligated on collateral, assignor or assignee of a secured
obligation, or assignor or assignee of a security interest is a
state or a governmental unit of a state.
(ppp) 'Pursuant to commitment,' with respect to an advance made
or other value given by a secured party, means pursuant to the
secured party's obligation, whether or not a subsequent event of
default or other event not within the secured party's control has
relieved or may relieve the secured party from its obligation.
(qqq) 'Record,' except as used in 'for record,' 'of record,'
'record or legal title' and 'record owner,' means information
that is inscribed on a tangible medium or which is stored in an
electronic or other medium and is retrievable in perceivable
form.
(rrr) 'Registered organization' means an organization organized
solely under the law of a single state or the United States and
as to which the state or the United States is required by statute
or regulation to maintain a public record showing the
organization to have been organized.
(sss) 'Secondary obligor' means an obligor to the extent that:
(A) The obligor's obligation is secondary; or
(B) The obligor has a right of recourse with respect to an
obligation secured by collateral against the debtor, another
obligor, or property of either.
(ttt) 'Secured party' means:
(A) A person in whose favor a security interest is created or
provided for under a security agreement, whether or not any
obligation to be secured is outstanding;
(B) A person that holds an agricultural lien;
(C) A consignor;
(D) A person to which accounts, chattel paper, payment
intangibles or promissory notes have been sold;
(E) A trustee, indenture trustee, agent, collateral agent or
other representative in whose favor a security interest or
agricultural lien is created or provided for; or
(F) A person that holds a security interest arising under ORS
72.4010, 72.5050, 72.7110 (3), 72A.5080 (5), 74.2100 or 75.1180.
(uuu) 'Security agreement' means an agreement that creates or
provides for a security interest.
(vvv) 'Send,' in connection with a record or notification,
means:
(A) To deposit in the mail, deliver for transmission, or
transmit by any other usual means of communication, with postage
or cost of transmission provided for, addressed to any address
reasonable under the circumstances; or
(B) To cause the record or notification to be received within
the time that it would have been received if properly sent under
subparagraph (A) of this paragraph.
(www) 'Software' means a computer program and any supporting
information provided in connection with a transaction relating to
the program. The term does not include a computer program that is
included in the definition of goods.
(xxx) 'State' means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession subject to the jurisdiction of
the United States.
(yyy) 'Supporting obligation' means a letter-of-credit right or
secondary obligation that supports the payment or performance of
an account, chattel paper, a document, a general intangible, an
instrument or investment property.
(zzz) 'Tangible chattel paper' means chattel paper evidenced by
a record or records consisting of information that is inscribed
on a tangible medium.
(aaaa) 'Termination statement' means an amendment of a
financing statement which:
(A) Identifies, by its file number, the initial financing
statement to which it relates; and
(B) Indicates either that it is a termination statement or that
the identified financing statement is no longer effective.
(bbbb) 'Transmitting utility' means a person primarily engaged
in the business of:
(A) Operating a railroad, subway, street railway or trolley
bus;
(B) Transmitting communications electrically,
electromagnetically or by light;
(C) Transmitting goods by pipeline or sewer; or
(D) Transmitting or producing and transmitting electricity,
steam, gas or water.
(2) The following definitions in other sections apply to this
chapter:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
'
Applicant'
ORS 75.1020
'
Beneficiary'
ORS 75.1020
'
Broker'
ORS 78.1020
'
Certificated security'
ORS 78.1020
'
Check'
ORS 73.0104
'
Clearing corporation'
ORS 78.1020
'
Contract for sale'
ORS 72.1060
'
Customer'
ORS 74.1040
'
Entitlement holder'
ORS 78.1020
'
Financial asset'
ORS 78.1020
'
Holder in due course'
ORS 73.0302
'
Issuer'
(with respect
to a letter of credit or
letter-of-credit rigORS 75.1020
'
Issuer'
(with respect
to a security) ORS 78.2010
'
Lease'
ORS 72A.1030
'
Lease agreement'
ORS 72A.1030
'
Lease contract'
ORS 72A.1030
'
Leasehold interest'
ORS 72A.1030
'
Lessee'
ORS 72A.1030
'
Lessee in ordinary course
of business'
ORS 72A.1030
'
Lessor'
ORS 72A.1030
'
Lessor's residual
interest'
ORS 72A.1030
'
Letter of credit'
ORS 75.1020
'
Merchant'
ORS 72.1040
'
Negotiable instrument'
ORS 73.0104
'
Nominated person'
ORS 75.1020
'
Note'
ORS 73.0104
'
Proceeds of a letter
of credit'
ORS 75.1140
'
Prove'
ORS 73.0103
'
Sale'
ORS 72.1060
'
Securities intermediary'
ORS 78.1020
'
Security'
ORS 78.1020
'
Security certificate'
ORS 78.1020
'
Security entitlement'
ORS 78.1020
'
Uncertificated security'
ORS 78.1020
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(3) ORS chapter 71 contains general definitions and principles
of construction and interpretation applicable throughout this
chapter.
SECTION 50. ORS 79.0311 is amended to read:
79.0311. (1) Except as otherwise provided in subsection (4) of
this section, the filing of a financing statement is not
necessary or effective to perfect a security interest in property
subject to:
(a) A statute, regulation or treaty of the United States whose
requirements for a security interest's obtaining priority over
the rights of a lien creditor with respect to the property
preempt ORS 79.0310 (1);
(b) ORS chapter 830 and the Oregon Vehicle Code; { - or - }
(c) A certificate-of-title statute of another jurisdiction
which provides for a security interest to be indicated on the
certificate as a condition or result of the security interest's
obtaining priority over the rights of a lien creditor with
respect to the property { + ; or
(d) Section 18 (1) of this 2003 Act + }.
(2) Compliance with the requirements of a statute, regulation
or treaty described in subsection (1) of this section for
obtaining priority over the rights of a lien creditor is
equivalent to the filing of a financing statement under this
chapter. Except as otherwise provided in subsection (4) of this
section and ORS 79.0313 and 79.0316 (4) and (5) for goods covered
by a certificate of title { + or for a manufactured
structure + }, a security interest in property subject to a
statute, regulation or treaty described in subsection (1) of this
section may be perfected only by compliance with those
requirements, and a security interest so perfected remains
perfected notwithstanding a change in the use or transfer of
possession of the collateral.
(3) Except as otherwise provided in subsection (4) of this
section and ORS 79.0316 (4) and (5), duration and renewal of
perfection of a security interest perfected by compliance with
the requirements prescribed by a statute, regulation or treaty
described in subsection (1) of this section are governed by the
statute, regulation or treaty. In other respects, the security
interest is subject to this chapter.
(4) During any period in which collateral subject to a statute
specified in subsection (1)(b) { + or (d) + } of this section is
inventory held for sale or lease by a person or leased by that
person as lessor and that person is in the business of selling
goods of that kind, this section does not apply to a security
interest in that collateral created by that person.
SECTION 51. ORS 79.0313 is amended to read:
79.0313. (1) Except as otherwise provided in subsection (2) of
this section, a secured party may perfect a security interest in
negotiable documents, goods, instruments, money or tangible
chattel paper by taking possession of the collateral. A secured
party may perfect a security interest in certificated securities
by taking delivery of the certificated securities under ORS
78.3010.
(2) With respect to goods { + that are + } covered by a
certificate of title issued by this state { + or that are
manufactured structures + }, a secured party may perfect a
security interest in the goods by taking possession of the goods
only in the circumstances described in ORS 79.0316 (5).
(3) With respect to collateral other than certificated
securities and goods covered by a document, a secured party takes
possession of collateral in the possession of a person other than
the debtor, the secured party or a lessee of the collateral from
the debtor in the ordinary course of the debtor's business, when:
(a) The person in possession authenticates a record
acknowledging that it holds possession of the collateral for the
secured party's benefit; or
(b) The person takes possession of the collateral after having
authenticated a record acknowledging that it will hold possession
of collateral for the secured party's benefit.
(4) If perfection of a security interest depends upon
possession of the collateral by a secured party, perfection
occurs no earlier than the time the secured party takes
possession and continues only while the secured party retains
possession.
(5) A security interest in a certificated security in
registered form is perfected by delivery when delivery of the
certificated security occurs under ORS 78.3010 and remains
perfected by delivery until the debtor obtains possession of the
security certificate.
(6) A person in possession of collateral is not required to
acknowledge that it holds possession for a secured party's
benefit.
(7) If a person acknowledges that it holds possession for the
secured party's benefit:
(a) The acknowledgment is effective under subsection (3) of
this section or ORS 78.3010 (1), even if the acknowledgment
violates the rights of a debtor; and
(b) Unless the person otherwise agrees or law other than this
chapter otherwise provides, the person does not owe any duty to
the secured party and is not required to confirm the
acknowledgment to another person.
(8) A secured party having possession of collateral does not
relinquish possession by delivering the collateral to a person
other than the debtor or a lessee of the collateral from the
debtor in the ordinary course of the debtor's business if the
person was instructed before the delivery or is instructed
contemporaneously with the delivery:
(a) To hold possession of the collateral for the secured
party's benefit; or
(b) To redeliver the collateral to the secured party.
(9) A secured party does not relinquish possession, even if a
delivery under subsection (8) of this section violates the rights
of a debtor. A person to which collateral is delivered under
subsection (8) of this section does not owe any duty to the
secured party and is not required to confirm the delivery to
another person unless the person otherwise agrees or law other
than this chapter otherwise provides.
SECTION 52. ORS 79.0316 is amended to read:
79.0316. (1) A security interest perfected pursuant to the law
of the jurisdiction designated in ORS 79.0301 (1) or 79.0305 (3)
remains perfected until the earliest of:
(a) The time perfection would have ceased under the law of that
jurisdiction;
(b) The expiration of four months after a change of the
debtor's location to another jurisdiction; or
(c) The expiration of one year after a transfer of collateral
to a person that thereby becomes a debtor and is located in
another jurisdiction.
(2) If a security interest described in subsection (1) of this
section becomes perfected under the law of the other jurisdiction
before the earliest time or event described in that subsection,
it remains perfected thereafter. If the security interest does
not become perfected under the law of the other jurisdiction
before the earliest time or event, it becomes unperfected and is
deemed never to have been perfected as against a purchaser of the
collateral for value.
(3) A possessory security interest in collateral, other than
goods covered by a certificate of title { + , + } { - and - }
{ + a manufactured structure or + } as-extracted collateral
consisting of goods, remains continuously perfected if:
(a) The collateral is located in one jurisdiction and subject
to a security interest perfected under the law of that
jurisdiction;
(b) Thereafter the collateral is brought into another
jurisdiction; and
(c) Upon entry into the other jurisdiction, the security
interest is perfected under the law of the other jurisdiction.
(4) Except as otherwise provided in subsection (5) of this
section, a security interest in goods covered by a certificate of
title { - which - } { + or in a manufactured structure that
+ }is perfected by any method under the law of another
jurisdiction when the goods become covered by a certificate of
title { + or ownership document + } from this state remains
perfected until the security interest would have become
unperfected under the law of the other jurisdiction had the goods
not become so covered.
(5) A security interest described in subsection (4) of this
section becomes unperfected as against a purchaser of the goods
for value and is deemed never to have been perfected as against a
purchaser of the goods for value if the applicable requirements
for perfection under ORS 79.0311 (2) or 79.0313 are not satisfied
before the earlier of:
(a) The time the security interest would have become
unperfected under the law of the other jurisdiction had the goods
not become covered by a certificate of title { + or ownership
document + } from this state; or
(b) The expiration of four months after the goods had become so
covered.
(6) A security interest in deposit accounts, letter-of-credit
rights or investment property which is perfected under the law of
the bank's jurisdiction, the issuer's jurisdiction, a nominated
person's jurisdiction, the securities intermediary's jurisdiction
or the commodity intermediary's jurisdiction, as applicable,
remains perfected until the earlier of:
(a) The time the security interest would have become
unperfected under the law of that jurisdiction; or
(b) The expiration of four months after a change of the
applicable jurisdiction to another jurisdiction.
(7) If a security interest described in subsection (6) of this
section becomes perfected under the law of the other jurisdiction
before the earlier of the time or the end of the period described
in subsection (6) of this section, it remains perfected
thereafter. If the security interest does not become perfected
under the law of the other jurisdiction before the earlier of
that time or the end of that period, it becomes unperfected and
is deemed never to have been perfected as against a purchaser of
the collateral for value.
SECTION 53. ORS 79.0334 is amended to read:
79.0334. (1) A security interest under this chapter may be
created in goods that are fixtures or may continue in goods that
become fixtures. A security interest does not exist under this
chapter in ordinary building materials incorporated into an
improvement on land.
(2) This chapter does not prevent creation of an encumbrance
upon fixtures under real property law.
(3) In cases not governed by subsections (4) to (8) of this
section, a security interest in fixtures is subordinate to a
conflicting interest of an encumbrancer or owner of the related
real property other than the debtor.
(4) Except as otherwise provided in subsection (8) of this
section, a perfected security interest in fixtures has priority
over a conflicting interest of an encumbrancer or owner of the
real property if the debtor has an interest of record in or is in
possession of the real property and:
(a) The security interest is a purchase-money security
interest;
(b) The interest of the encumbrancer or owner arises before the
goods become fixtures; and
(c) The security interest is perfected by a fixture filing
before the goods become fixtures or within 20 days thereafter.
(5) A perfected security interest in fixtures has priority over
a conflicting interest of an encumbrancer or owner of the real
property if:
(a) The debtor has an interest of record in the real property
or is in possession of the real property and the security
interest:
(A) Is perfected by a fixture filing before the interest of the
encumbrancer or owner is of record; and
(B) Has priority over any conflicting interest of a predecessor
in title of the encumbrancer or owner;
(b) Before the goods become fixtures, the security interest is
perfected by any method permitted by this chapter and the
fixtures are readily removable:
(A) Factory or office machines;
(B) Equipment that is not primarily used or leased for use in
the operation of the real property; or
(C) Replacements of domestic appliances that are consumer
goods;
(c) The conflicting interest is a lien on the real property
obtained by legal or equitable proceedings after the security
interest was perfected by any method permitted by this chapter;
or
(d) The security interest is:
(A) Created in a manufactured { - home - } { +
structure + } in a
{ - manufactured-home - } { + manufactured-structure + }
transaction; and
(B) Perfected pursuant to { - a statute described in ORS
79.0311 (1)(b) - } { + section 18 of this 2003 Act + }.
(6) A security interest in fixtures, whether or not perfected,
has priority over a conflicting interest of an encumbrancer or
owner of the real property if:
(a) The encumbrancer or owner has, in an authenticated record,
consented to the security interest or disclaimed an interest in
the goods as fixtures; or
(b) The debtor has a right to remove the goods as against the
encumbrancer or owner.
(7) The priority of the security interest under subsection
(6)(b) of this section continues for a reasonable time if the
debtor's right to remove the goods as against the encumbrancer or
owner terminates.
(8) A mortgage is a construction mortgage to the extent that it
secures an obligation incurred for the construction of an
improvement on land, including the acquisition cost of the land,
if a recorded record of the mortgage so indicates. Except as
otherwise provided in subsections (5) and (6) of this section, a
security interest in fixtures is subordinate to a construction
mortgage if a record of the mortgage is recorded before the goods
become fixtures and the goods become fixtures before the
completion of the construction. A mortgage has this priority to
the same extent as a construction mortgage to the extent that it
is given to refinance a construction mortgage.
(9) A perfected security interest in crops growing on real
property has priority over a conflicting interest of an
encumbrancer or owner of the real property if the debtor has an
interest of record in or is in possession of the real property.
SECTION 54. ORS 79.0335 is amended to read:
79.0335. (1) A security interest may be created in an accession
and continues in collateral that becomes an accession.
(2) If a security interest is perfected when the collateral
becomes an accession, the security interest remains perfected in
the collateral.
(3) Except as otherwise provided in subsections (4) and (7) of
this section, the other provisions of ORS 79.0301 to 79.0342
determine the priority of a security interest in an accession.
(4) Except as otherwise provided in subsection (7) of this
section, a security interest in an accession is subordinate to a
security interest in the whole which is perfected by compliance
with the requirements of a certificate-of-title statute under ORS
79.0311 (2) { + or with section 18 of this 2003 Act + }.
(5) After default, subject to ORS 79.0601 to 79.0628, a secured
party may remove an accession from other goods if the security
interest in the accession has priority over the claims of every
person having an interest in the whole.
(6) A secured party that removes an accession from other goods
under subsection (5) of this section shall promptly reimburse any
holder of a security interest or other lien on, or owner of, the
whole or of the other goods, other than the debtor, for the cost
of repair of any physical injury to the whole or the other goods.
The secured party need not reimburse the holder or owner for any
diminution in value of the whole or the other goods caused by the
absence of the accession removed or by any necessity for
replacing it. A person entitled to reimbursement may refuse
permission to remove until the secured party gives adequate
assurance for the performance of the obligation to reimburse.
(7) A security interest in an accession has priority over a
security interest in the whole which is perfected by compliance
with the requirements of a certificate-of-title statute under ORS
79.0311 (2) { + or with section 18 of this 2003 Act + } if the
security interest in the accession is a purchase money security
interest that is perfected when the debtor receives possession of
the accession or within 20 days thereafter.
SECTION 55. ORS 79.0337 is amended to read:
79.0337. If, while a security interest in goods is perfected by
any method under the law of another jurisdiction, this state
issues a certificate of title { + or manufactured structure
ownership document + } that does not show that the goods are
subject to the security interest or contain a statement that they
may be subject to security interests not shown on the
certificate { + or document + }:
(1) A buyer of the goods, other than a person in the business
of selling goods of that kind, takes free of the security
interest if the buyer gives value and receives delivery of the
goods after issuance of the certificate { + of title or
manufactured structure ownership document + }and without
knowledge of the security interest; and
(2) The security interest is subordinate to a conflicting
security interest in the goods that attaches, and is perfected
under ORS 79.0311 (2) { + or section 18 of this 2003 Act + },
after issuance of the certificate { + of title or manufactured
structure ownership document + } and without the conflicting
secured party's knowledge of the security interest.
SECTION 56. ORS 79.0515 is amended to read:
79.0515. (1) Except as otherwise provided in subsections (2),
(5), (6) and (7) of this section, a filed financing statement is
effective for a period of five years after the date of filing.
(2) Except as otherwise provided in subsections (5), (6) and
(7) of this section, an initial financing statement filed in
connection with a public-finance transaction { - or
manufactured-home transaction - } is effective for a period of
30 years after the date of filing if it indicates that it is
filed in connection with a public-finance transaction { - or
manufactured-home transaction - } .
(3) The effectiveness of a filed financing statement lapses on
the expiration of the period of its effectiveness unless before
the lapse a continuation statement is filed pursuant to
subsection (4) of this section. Upon lapse, a financing statement
ceases to be effective and any security interest or agricultural
lien that was perfected by the financing statement becomes
unperfected, unless the security interest is perfected otherwise.
If the security interest or agricultural lien becomes unperfected
upon lapse, it is deemed never to have been perfected as against
a purchaser of the collateral for value.
(4) A continuation statement may be filed only within six
months before the expiration of the five-year period specified in
subsection (1) of this section or the 30-year period specified in
subsection (2) of this section, whichever is applicable.
(5) Except as otherwise provided in ORS 79.0510, upon timely
filing of a continuation statement, the effectiveness of the
initial financing statement continues for a period of five years
commencing on the day on which the financing statement would have
become ineffective in the absence of the filing. Upon the
expiration of the five-year period, the financing statement
lapses in the same manner as provided in subsection (3) of this
section, unless, before the lapse, another continuation statement
is filed pursuant to subsection (4) of this section. Succeeding
continuation statements may be filed in the same manner to
continue the effectiveness of the initial financing statement.
(6) If a debtor is a transmitting utility and a filed financing
statement so indicates, the financing statement is effective
until a termination statement is filed.
(7) A record of a mortgage that is effective as a financing
statement filed as a fixture filing under ORS 79.0502 (3) remains
effective as a financing statement filed as a fixture filing
until the mortgage is released or satisfied of record or its
effectiveness otherwise terminates as to the real property.
(8) Not less than three months or more than six months before
the expiration of any financing statement, effective financing
statement as defined in ORS 80.100 or continuation thereof, the
Secretary of State shall mail a renewal notice to the secured
party or assignee of record, if any, at the address indicated on
the financing statement, effective financing statement,
assignment thereof or amendment thereto. The renewal notice shall
include:
(a) The file number and expiration date of the financing
statement or effective financing statement;
(b) The name of the debtor; and
(c) A statement that the financing statement or effective
financing statement may be continued by filing a continuation
statement or initial financing statement under section 191 or
192, chapter 445, Oregon Laws 2001.
SECTION 57. ORS 90.425 is amended to read:
90.425. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for a manufactured dwelling or floating home
by an informed buyer to an informed seller, each acting without
compulsion in an arm's length transaction occurring on the
assessment date for the tax year or on the date of a subsequent
reappraisal by the county assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Goods' includes those goods left inside a recreational
vehicle, manufactured dwelling or floating home or left upon the
rental space outside a recreational vehicle, manufactured
dwelling or floating home, whether the recreational vehicle,
dwelling or home is located inside or outside of a facility.
(d) 'Lienholder' means any lienholder of an abandoned
recreational vehicle, manufactured dwelling or floating home, if
the lien is of record or the lienholder is actually known to the
landlord.
(e) 'Of record' means:
(A) For a { - manufactured dwelling or - } recreational
vehicle { + that is not a manufactured structure as defined in
section 8 of this 2003 Act + }, that a security interest has been
properly recorded with the Department of Transportation pursuant
to ORS 802.200 (1)(a)(A) and 803.097 { - for a dwelling or
vehicle registered and titled by the department pursuant to ORS
820.500 - } .
{ + (B) For a manufactured dwelling or recreational vehicle
that is a manufactured structure as defined in section 8 of this
2003 Act, that a security interest has been properly recorded for
the manufactured dwelling or recreational vehicle in the records
of the Department of Consumer and Business Services pursuant to
section 18 of this 2003 Act or on a certificate of title issued
by the Department of Transportation prior to July 1, 2004. + }
{ - (B) - } { + (C) + } For a floating home, that a
security interest has been properly recorded with the State
Marine Board pursuant to ORS 830.740 to 830.755 for a home
registered and titled with the board pursuant to ORS 830.715.
(f) 'Owner' means any owner of an abandoned recreational
vehicle, manufactured dwelling or floating home, if different
from the tenant and either of record or actually known to the
landlord.
(g) 'Personal property' means goods, vehicles and recreational
vehicles and includes manufactured dwellings and floating homes
not located in a facility. 'Personal property ' does not include
manufactured dwellings and floating homes located in a facility
and therefore subject to being stored, sold or disposed of as
provided under ORS 90.675.
(2) A landlord may not store, sell or dispose of abandoned
personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants
and any lienholders or owners in any personal property abandoned
or left upon the premises by the tenant or any lienholder or
owner in the following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord elects to remove the personal property
pursuant to ORS 105.165.
(3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant that { - shall - } { + must + } be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) In addition to the notice required by subsection (3) of
this section, in the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, a landlord shall also
give a copy of the notice described in subsection (3) of this
section to:
(A) Any lienholder of the recreational vehicle, manufactured
dwelling or floating home;
(B) Any owner of the recreational vehicle, manufactured
dwelling or floating home;
(C) The tax collector of the county where the manufactured
dwelling or floating home is located; and
(D) The assessor of the county where the manufactured dwelling
or floating home is located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service { - shall - } { + must + }
be both by first class mail and by certified mail with return
receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
(5) The notice required under subsection (3) of this section
{ - shall - } { + must + } state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder or owner must contact the
landlord by a specified date, as provided in subsection (6) of
this section, to arrange for the removal of the abandoned
personal property;
(c) The personal property is stored at a place of safekeeping,
except that if the property includes a manufactured dwelling or
floating home, the dwelling or home { - shall - } { +
must + } be stored on the rented space;
(d) The tenant or any lienholder or owner, except as provided
by subsection (17) of this section, may arrange for removal of
the personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder or owner, except as
provided by subsection (17) of this section, by appointment at
reasonable times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of removal and storage charges, as
provided by subsection (7)(d) of this section, prior to releasing
the personal property to the tenant or any lienholder or owner;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder or owner fails to contact
the landlord by the specified date, or after that contact, fails
to remove the personal property within 30 days for recreational
vehicles, manufactured dwellings and floating homes or 15 days
for all other personal property, the landlord may sell or dispose
of the personal property. If the landlord reasonably believes
that the personal property will be eligible for disposal pursuant
to subsection (10)(b) of this section and the landlord intends to
dispose of the property if { - it - } { + the property + } is
not claimed, the notice shall state that belief and intent; and
(i) If the personal property includes a recreational vehicle,
manufactured dwelling or floating home and if applicable, there
is a lienholder or owner that has a right to claim the
recreational vehicle, dwelling or home, except as provided by
subsection (17) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant, lienholder or owner must
contact a landlord to arrange for the disposition of abandoned
personal property { - shall be - } { + is + }:
(a) For abandoned recreational vehicles, manufactured dwellings
or floating homes, not less than 45 days after personal delivery
or mailing of the notice; or
(b) For all other abandoned personal property, not less than
five days after personal delivery or eight days after mailing of
the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store any abandoned manufactured dwelling or floating
home on the rented space and shall exercise reasonable care for
the dwelling or home;
(b) Shall store all other abandoned personal property of the
tenant, including goods left inside a recreational vehicle,
manufactured dwelling or floating home or left upon the rented
space outside a recreational vehicle, dwelling or home, in a
place of safekeeping and shall exercise reasonable care for the
personal property, except that the landlord may:
(A) Promptly dispose of rotting food; and
(B) Allow an animal control agency to remove any abandoned pets
or livestock. If an animal control agency will not remove the
abandoned pets or livestock, the landlord shall exercise
reasonable care for the animals given all the circumstances,
including the type and condition of the animals, and may give the
animals to an agency that is willing and able to care for the
animals, such as a humane society or similar organization;
(c) Except for manufactured dwellings and floating homes, may
store the abandoned personal property at the dwelling unit, move
and store it elsewhere on the premises or move and store it at a
commercial storage company or other place of safekeeping; and
(d) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal, including any cost of
removal to a place of storage. In the case of an abandoned
manufactured dwelling or floating home, the storage charge
{ - shall - } { + may + } be no greater than the monthly space
rent last payable by the tenant.
(8) If a tenant, lienholder or owner, upon the receipt of the
notice provided by subsection (3) or (4) of this section or
otherwise, responds by actual notice to the landlord on or before
the specified date in the landlord's notice that the tenant,
lienholder or owner intends to remove the personal property from
the premises or from the place of safekeeping, the landlord must
make that personal property available for removal by the tenant,
lienholder or owner by appointment at reasonable times during the
next 15 days or, in the case of a recreational vehicle,
manufactured dwelling or floating home, 30 days, subject to
subsection (17) of this section. If the personal property is
considered to be abandoned pursuant to subsection (2)(a) or (b)
of this section, but not pursuant to subsection (2)(c) of this
section, the landlord may require payment of removal and storage
charges, as provided in subsection (7)(d) of this section, prior
to allowing the tenant, lienholder or owner to remove the
personal property. Acceptance by a landlord of such payment does
not operate to create or reinstate a tenancy or create a waiver
pursuant to ORS 90.415.
(9) Except as provided in subsections (17) to (19) of this
section, if the tenant, lienholder or owner of a recreational
vehicle, manufactured dwelling or floating home does not respond
within the time provided by the landlord's notice, or the tenant,
lienholder or owner does not remove the personal property within
the time required by subsection (8) of this section or by any
date agreed to with the landlord, whichever is later, the
tenant's, lienholder's or owner's personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder or owner that have been given notice pursuant to
subsection (3) or (4) of this section shall, except with regard
to the distribution of sale proceeds pursuant to subsection (12)
of this section, have no further right, title or interest to the
personal property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale of a recreational vehicle,
manufactured dwelling or floating home:
(A) The landlord may seek to transfer { - the certificate of
title and registration to - } { + ownership of record of + }
the personal property { + + }by complying with the requirements
of the appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the recreational vehicle, manufactured dwelling
or floating home is located. The notice shall state:
(I) That the recreational vehicle, manufactured dwelling or
floating home is abandoned;
(II) The tenant's and owner's name, if of record or actually
known to the landlord;
(III) The address and any space number where the recreational
vehicle, manufactured dwelling or floating home is located, and
{ - if actually known to the landlord, the - } { + any + }
plate, registration or other identification number { - as - }
{ + for a recreational vehicle or floating home + } noted on
the certificate of title { + , if actually known to the
landlord + };
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the recreational vehicle, manufactured dwelling or
floating home;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder and owner, by personal delivery
or first class mail, except that for any lienholder, mail service
{ - shall - } { + must + } be by first class mail with
certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes { + and assessments + } on the manufactured dwelling or
floating home have been paid or, if not paid, that the county has
authorized the sale, with the sale proceeds to be distributed
pursuant to subsection (12) of this section;
(b) Destroy or otherwise dispose of the personal property if
the landlord determines that:
(A) For a manufactured dwelling or floating home, the current
market value of the property is $8,000 or less as determined by
the county assessor; or
(B) For all other personal property, the reasonable current
fair market value is $500 or less or so low that the cost of
storage and conducting a public sale probably exceeds the amount
that would be realized from the sale; or
(c) Consistent with paragraphs (a) and (b) of this subsection,
sell certain items and destroy or otherwise dispose of the
remaining personal property.
(11)(a) A public or private sale authorized by this section
{ - shall - } { + must + }:
(A) For a recreational vehicle, manufactured dwelling or
floating home, be conducted consistent with the terms listed in
subsection (10)(a)(B)(i) of this section. Every aspect of the
sale including the method, manner, time, place and terms must be
commercially reasonable; or
(B) For all other personal property, be conducted under the
provisions of ORS 79.0610.
(b) If there is no buyer at a sale of a manufactured dwelling
or floating home, the personal property is considered to be worth
$8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) If the sale was of a manufactured dwelling or floating
home, after deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes { + and assessments + } owed on the dwelling or
home.
(c) If the sale was of a recreational vehicle, manufactured
dwelling or floating home, after deducting the amounts listed in
paragraphs (a) and (b) of this subsection, if applicable, the
landlord shall remit the remaining proceeds, if any, to any
lienholder to the extent of any unpaid balance owed on the lien
on the recreational vehicle, dwelling or home.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant or owner the remaining proceeds, if any,
together with an itemized accounting.
(e) If the tenant or owner cannot after due diligence be found,
{ + the landlord shall deposit + } the remaining proceeds
{ - shall be deposited - } with the county treasurer of the
county in which the sale occurred { + . + } { - , and - } If
not claimed within three years { - shall - } { + , the
deposited proceeds + } revert to the general fund of the county
{ + and are + } available for general purposes.
(13) The county tax collector shall cancel all unpaid property
taxes { + and assessments + } owed on a manufactured dwelling or
floating home, as provided under ORS 311.790, only under { + one
of the following + } circumstances { - described in paragraph
(a), (b), (c) or (d) of this subsection - } :
(a) The landlord disposes of the manufactured dwelling or
floating home after a determination described in subsection
(10)(b) of this section.
(b) There is no buyer of the manufactured dwelling or floating
home at a sale described under subsection (11) of this section.
(c)(A) There is a buyer of the manufactured dwelling or
floating home at a sale described under subsection (11) of this
section;
(B) The current market value of the manufactured dwelling or
floating home is $8,000 or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes { + and assessments + } owed on the
dwelling or home after distribution of the proceeds pursuant to
subsection (12) of this section.
(d)(A) The landlord buys the manufactured dwelling or floating
home at a sale described under subsection (11) of this section;
(B) The current market value of the manufactured dwelling or
floating home is more than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes { + and assessments + } owed on the
manufactured dwelling or floating home after distribution of the
proceeds pursuant to subsection (12) of this section; and
(D) The landlord disposes of the manufactured dwelling or
floating home.
(14) The landlord is not responsible for any loss to the
tenant, lienholder or owner resulting from storage of personal
property in compliance with this section unless the loss was
caused by the landlord's deliberate or negligent act. In the
event of a deliberate and malicious violation, the landlord is
liable for twice the actual damages sustained by the tenant,
lienholder or owner.
(15) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant,
lienholder or owner against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(16) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder or owner aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the
lienholder or owner. ORS 90.255 does not authorize an award of
attorney fees to the prevailing party in any action arising under
this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(17) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, the provisions of this
section regarding the rights and responsibilities of a tenant to
the abandoned vehicle, dwelling or home { - shall - } also
apply to any lienholder except that the lienholder may not sell
or remove the vehicle, dwelling or home unless:
(a) The lienholder has foreclosed its lien on the recreational
vehicle, manufactured dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (19) of this section has waived
all rights under this section pursuant to subsection (23) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(18)(a) In the case of an abandoned manufactured dwelling or
floating home but not including a dwelling or home abandoned
following a termination pursuant to ORS 90.429 and except as
provided by subsection (19)(d) and (e) of this section, if a
lienholder makes a timely response to a notice of abandoned
personal property pursuant to subsections (6) and (8) of this
section and so requests, a landlord shall enter into a written
storage agreement with the lienholder providing that the dwelling
or home may not be sold or disposed of by the landlord for up to
12 months. A storage agreement entitles the lienholder to store
the personal property on the previously rented space during the
term of the agreement, but does not entitle anyone to occupy the
personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant, owner or, in the case of a deceased
tenant, the personal representative, designated person, heir or
devisee to remove or sell the dwelling or home within the
allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(d) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.510 (8), if
limited to charges for electricity, water, sewer service and
natural gas and if incidental to the storage of personal
property. A storage charge may not be due more frequently than
monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
described in the rental agreement between the landlord and the
tenant; and
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
between the landlord and the tenant.
(e) During the term of an agreement described under this
subsection, the lienholder { - shall have - } { + has + } the
right to remove or sell the property, subject to the provisions
of { - its - } { + the + } lien. Selling the property
includes a sale to a purchaser who wishes to leave the dwelling
or home on the rented space and become a tenant, subject to any
conditions previously agreed to by the landlord and tenant
regarding the landlord's approval of a purchaser or, if there was
no such agreement, any reasonable conditions by the landlord
regarding approval of any purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser of the property upon payment of all unpaid storage
charges and maintenance costs.
(f)(A) If the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the rented space if the lienholder has
paid all storage charges and other charges as provided in the
agreement.
(g) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the manufactured dwelling or
floating home, the landlord may sell or dispose of the property
pursuant to this section without further notice to the
lienholder.
(19) If the personal property consists of an abandoned
manufactured dwelling or floating home and is considered
abandoned as a result of the death of a tenant who was the only
tenant and who owned the dwelling or home, this section applies,
except as follows:
(a) Any personal representative named in a will or appointed by
a court to act for the deceased tenant or any person designated
in writing by the tenant to be contacted by the landlord in the
event of the tenant's death has the same rights and
responsibilities regarding the abandoned dwelling or home as a
tenant.
(b) The notice required by subsection (3) of this section
{ - shall - } { + must + } be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
(c) The notice described in subsection (5) of this section
{ - shall - } { + must + } refer to any personal
representative or designated person, instead of the deceased
tenant, and { - shall - } { + must + } incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
dwelling or home may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (18) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (18)(c),
(d) and (f)(C) of this section apply, with the representative or
person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person { - shall
have - } { + has + } the right to remove or sell the dwelling or
home, including a sale to a purchaser or a transfer to an heir or
devisee where the purchaser, heir or devisee wishes to leave the
dwelling or home on the rented space and become a tenant, subject
to any conditions previously agreed to by the landlord and tenant
regarding the landlord's approval for occupancy of a purchaser,
heir or devisee or, if there was no such agreement, any
reasonable conditions by the landlord regarding approval for
occupancy of any purchaser, heir or devisee who wishes to leave
the dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser, heir or devisee of the dwelling or home upon payment
of all unpaid storage charges and maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the
manufactured dwelling or floating home, the landlord may sell or
dispose of the property pursuant to this section without further
notice to the representative or person.
(20) If a governmental agency determines that the condition of
a manufactured dwelling, floating home or recreational vehicle
abandoned under this section constitutes an extreme health or
safety hazard under state or local law and the agency determines
that the hazard endangers others in the facility and requires
quick removal of the property, the landlord may sell or dispose
of the property pursuant to this subsection. The landlord shall
comply with all provisions of this section, except as follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, owner, personal representative or
designated person must contact a landlord to arrange for the
disposition of the property { - shall - } { + must + } be not
less than 15 days after personal delivery or mailing of the
notice required by subsection (3) of this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, owner, personal
representative or designated person must remove the property
{ - shall - } { + must + } be not less than seven days after
the tenant, lienholder, owner, personal representative or
designated person contacts the landlord.
(c) The notice required by subsection (3) of this section
{ - shall - } { + must + } be as provided in subsection (5)
of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property { - shall - } { + must + }
be consistent with this subsection;
(B) The notice { - shall - } { + must + } state that a
governmental agency has determined that the property constitutes
an extreme health or safety hazard and must be removed quickly;
and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder, owner, personal representative
or designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, owner, personal representative or
designated person pursuant to subsection (18) of this section.
(21) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home that is owned by someone
other than the tenant, the provisions of this section regarding
the rights and responsibilities of a tenant to the abandoned
vehicle, dwelling or home { - shall - } also apply to that
owner, with regard only to the vehicle, dwelling or home, and not
to any goods left inside or outside the vehicle, dwelling or
home.
(22) In the case of an abandoned motor vehicle, the procedure
authorized by ORS 98.830 and 98.835 for removal of abandoned
motor vehicles from private property may be used by a landlord as
an alternative to the procedures required in this section.
(23)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with the provisions of this
section if, after termination of the tenancy or no more than
seven days prior to the termination of the tenancy, the following
parties so agree in a writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (19) of this section; and
(C) In the case of a manufactured dwelling, floating home or
recreational vehicle, any owner and any lienholder.
(b) A landlord may not, as part of a rental agreement, require
a tenant, a personal representative, a designated person or any
lienholder or owner to waive any right provided by this section.
(24) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 58. ORS 90.675 is amended to read:
90.675. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for personal property by an informed buyer to
an informed seller, each acting without compulsion in an
arms-length transaction occurring on the assessment date for the
tax year or on the date of a subsequent reappraisal by the county
assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Lienholder' means any lienholder of abandoned personal
property, if the lien is of record or the lienholder is actually
known to the landlord.
(d) 'Of record' means:
{ - (A) For a manufactured dwelling, that a security interest
has been properly recorded with the Department of Transportation
pursuant to ORS 802.200 (1)(a)(A) and 803.097 for a dwelling
registered and titled by the department pursuant to ORS
820.500. - }
{ + (A) For a manufactured dwelling, that a security interest
has been properly recorded in the records of the Department of
Consumer and Business Services pursuant to section 18 of this
2003 Act or on a certificate of title issued by the Department of
Transportation prior to July 1, 2004. + }
(B) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715.
(e) 'Personal property' means only a manufactured dwelling or
floating home located in a facility and subject to ORS 90.505 to
90.840. 'Personal property' does not include goods left inside a
manufactured dwelling or floating home or left upon a rented
space and subject to disposition under ORS 90.425.
(2) A landlord may not store, sell or dispose of abandoned
personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants
and any lienholders in any personal property abandoned or left
upon the premises by the tenant or any lienholder in the
following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord elects to remove the personal property
pursuant to ORS 105.165.
(3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant that { - shall - } { + must + } be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) A landlord shall also give a copy of the notice
described in subsection (3) of this section to:
(A) Any lienholder of the personal property;
(B) The tax collector of the county where the personal property
is located; and
(C) The assessor of the county where the personal property is
located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service { - shall - } { + must + }
be both by first class mail and by certified mail with return
receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
(5) The notice required under subsection (3) of this section
{ - shall - } { + must + } state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder must contact the landlord by a
specified date, as provided in subsection (6) of this section, to
arrange for the removal of the abandoned personal property;
(c) The personal property is stored on the rented space;
(d) The tenant or any lienholder, except as provided by
subsection (17) of this section, may arrange for removal of the
personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder, except as provided by
subsection (17) of this section, by appointment at reasonable
times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of storage charges, as provided by
subsection (7)(b) of this section, prior to releasing the
personal property to the tenant or any lienholder;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder fails to contact the
landlord by the specified date or fails to remove the personal
property within 30 days after that contact, the landlord may sell
or dispose of the personal property. If the landlord reasonably
believes the county assessor will determine that the current
market value of the personal property is $8,000 or less, and the
landlord intends to dispose of the property if { - it - } { +
the property + } is not claimed, the notice shall state that
belief and intent; and
(i) If applicable, there is a lienholder that has a right to
claim the personal property, except as provided by subsection
(17) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant or lienholder must contact a
landlord to arrange for the disposition of abandoned personal
property { - shall - } { + must + } be not less than 45 days
after personal delivery or mailing of the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store the abandoned personal property of the tenant
on the rented space and shall exercise reasonable care for the
personal property; and
(b) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal. The storage charge
{ - shall - } { + may + } be no greater than the monthly
space rent last payable by the tenant.
(8) If a tenant or lienholder, upon the receipt of the notice
provided by subsection (3) or (4) of this section or otherwise,
responds by actual notice to the landlord on or before the
specified date in the landlord's notice that the tenant or
lienholder intends to remove the personal property from the
premises, the landlord must make that personal property available
for removal by the tenant or lienholder by appointment at
reasonable times during the next 30 days, subject to subsection
(17) of this section. If the personal property is considered to
be abandoned pursuant to subsection (2)(a) or (b) of this
section, but not pursuant to subsection (2)(c) of this section,
the landlord may require payment of storage charges, as provided
in subsection (7)(b) of this section, prior to allowing the
tenant or lienholder to remove the personal property. Acceptance
by a landlord of such payment does not operate to create or
reinstate a tenancy or create a waiver pursuant to ORS 90.415.
(9) Except as provided in subsections (17) to (19) of this
section, if the tenant or lienholder does not respond within the
time provided by the landlord's notice, or the tenant or
lienholder does not remove the personal property within 30 days
after responding to the landlord or by any date agreed to with
the landlord, whichever is later, the personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder that have been given notice pursuant to subsection (3)
or (4) of this section shall, except with regard to the
distribution of sale proceeds pursuant to subsection (12) of this
section, have no further right, title or interest to the personal
property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale:
(A) The landlord may seek to transfer { - the certificate of
title and registration to - } { + ownership of record of + }
the personal property by complying with the requirements of the
appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the personal property is located. The notice
shall state:
(I) That the personal property is abandoned;
(II) The tenant's name;
(III) The address and any space number where the personal
property is located, and { - if actually known to the landlord,
the - } { + any + } plate, registration or other identification
number { - as - } { + for a floating home + } noted on the
title { + , if actually known to the landlord + };
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the personal property;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder, by personal delivery or first
class mail, except that for any lienholder, mail service
{ - shall - } { + must + } be by first class mail with
certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes { + and assessments + } on the personal property have been
paid or, if not paid, that the county has authorized the sale,
with the sale proceeds to be distributed pursuant to subsection
(12) of this section; or
(b) Destroy or otherwise dispose of the personal property if
the landlord determines from the county assessor that the current
market value of the property is $8,000 or less.
(11)(a) A public or private sale authorized by this section
{ - shall - } { + must + } be conducted consistent with the
terms listed in subsection (10)(a)(B)(i) of this section. Every
aspect of the sale including the method, manner, time, place and
terms must be commercially reasonable.
(b) If there is no buyer at a sale described under paragraph
(a) of this subsection, the personal property is considered to be
worth $8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) After deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes { + and assessments + } owed on the dwelling or
home.
(c) After deducting the amounts listed in paragraphs (a) and
(b) of this subsection, if applicable, the landlord shall remit
the remaining proceeds, if any, to any lienholder to the extent
of any unpaid balance owed on the lien on the personal property.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant the remaining proceeds, if any, together with
an itemized accounting.
(e) If the tenant cannot after due diligence be found, { + the
landlord shall deposit + } the remaining proceeds { - shall be
deposited - } with the county treasurer of the county in which
the sale occurred { - , and - } { + . + } If not claimed within
three years { + , + } { - shall - } { + the deposited
proceeds + } revert to the general fund of the county { + and
are + } available for general purposes.
(13) The county tax collector shall cancel all unpaid property
taxes { + and assessments + } as provided under ORS 311.790 only
under { + one of the following + } circumstances { - described
in paragraph (a), (b), (c) or (d) of this subsection - } :
(a) The landlord disposes of the personal property after a
determination described in subsection (10)(b) of this section.
(b) There is no buyer of the personal property at a sale
described under subsection (11) of this section.
(c)(A) There is a buyer of the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is $8,000
or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes { + and assessments + } owed on the
personal property after distribution of the proceeds pursuant to
subsection (12) of this section.
(d)(A) The landlord buys the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is more
than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes { + and assessments + } owed on the
personal property after distribution of the proceeds pursuant to
subsection (12) of this section; and
(D) The landlord disposes of the personal property.
(14) The landlord is not responsible for any loss to the tenant
or lienholder resulting from storage of personal property in
compliance with this section unless the loss was caused by the
landlord's deliberate or negligent act. In the event of a
deliberate and malicious violation, the landlord is liable for
twice the actual damages sustained by the tenant or lienholder.
(15) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant
or lienholder against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(16) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder aggrieved by the noncompliance may recover
from the landlord the actual damages sustained by the lienholder.
ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(17) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
{ - shall - } also apply to any lienholder, except that the
lienholder may not sell or remove the dwelling or home unless:
(a) The lienholder has foreclosed { - its - } { + the + }
lien on the manufactured dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (19) of this section has waived
all rights under this section pursuant to subsection (21) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(18)(a) Except as provided by subsection (19)(d) and (e) of
this section, if a lienholder makes a timely response to a notice
of abandoned personal property pursuant to subsections (6) and
(8) of this section and so requests, a landlord shall enter into
a written storage agreement with the lienholder providing that
the personal property may not be sold or disposed of by the
landlord for up to 12 months. A storage agreement entitles the
lienholder to store the personal property on the previously
rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant or, in the case of a deceased tenant,
the personal representative, designated person, heir or devisee
to remove or sell the dwelling or home within the allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(b) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.510 (8), if
limited to charges for electricity, water, sewer service and
natural gas and if incidental to the storage of personal
property. A storage charge may not be due more frequently than
monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
imposed on facility tenants;
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
that the landlord currently provides to tenants as required by
ORS 90.510 (4); and
(D) The lienholder repair any defects in the physical condition
of the personal property that existed prior to the lienholder
entering into the storage agreement, if the defects and necessary
repairs are reasonably described in the storage agreement and,
for homes that were first placed on the space within the previous
24 months, the repairs are reasonably consistent with facility
standards in effect at the time of placement. The lienholder
shall have 90 days after entering into the storage agreement to
make the repairs. Failure to make the repairs within the allotted
time constitutes a violation of the storage agreement and the
landlord may terminate the agreement by giving at least 14 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the
lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(e) Notwithstanding subsection (7)(b) of this section, a
landlord may increase the storage charge if the increase is part
of a facility-wide rent increase for all facility tenants, the
increase is no greater than the increase for other tenants and
the landlord gives the lienholder written notice consistent with
the requirements of ORS 90.600 (1).
(f) During the term of an agreement described under this
subsection, the lienholder { - shall have - } { + has + } the
right to remove or sell the property, subject to the provisions
of { - its - } { + the + } lien. Selling the property
includes a sale to a purchaser who wishes to leave the property
on the rented space and become a tenant, subject to the
provisions of ORS 90.680. The landlord may condition approval for
occupancy of any purchaser of the property upon payment of all
unpaid storage charges and maintenance costs.
(g)(A) Except as provided in paragraph (d)(D) of this
subsection, if the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the facility if the lienholder has paid
all storage charges and other charges as provided in the
agreement.
(h) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the property, the landlord may
sell or dispose of the property pursuant to this section without
further notice to the lienholder.
(19) If the personal property is considered abandoned as a
result of the death of a tenant who was the only tenant, this
section applies, except as follows:
(a) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
shall apply to any personal representative named in a will or
appointed by a court to act for the deceased tenant or any person
designated in writing by the tenant to be contacted by the
landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section
{ - shall - } { + must + } be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
(c) The notice described in subsection (5) of this section
{ - shall - } { + must + } refer to any personal
representative or designated person, instead of the deceased
tenant, and { - shall - } { + must + } incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
personal property may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (18) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (18)(c) to
(e) and (g)(C) of this section apply, with the representative or
person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person { - shall
have - } { + has + } the right to remove or sell the property,
including a sale to a purchaser or a transfer to an heir or
devisee where the purchaser, heir or devisee wishes to leave the
property on the rented space and become a tenant, subject to the
provisions of ORS 90.680. The landlord also may condition
approval for occupancy of any purchaser, heir or devisee of the
property upon payment of all unpaid storage charges and
maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the property,
the landlord may sell or dispose of the property pursuant to this
section without further notice to the representative or person.
(20) If a governmental agency determines that the condition of
personal property abandoned under this section constitutes an
extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the
facility and requires quick removal of the property, the landlord
may sell or dispose of the property pursuant to this subsection.
The landlord shall comply with all provisions of this section,
except as follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, personal representative or designated
person must contact a landlord to arrange for the disposition of
the property { - shall - } { + must + } be not less than 15
days after personal delivery or mailing of the notice required by
subsection (3) of this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, personal representative or
designated person must remove the property { - shall - } { +
must + } be not less than seven days after the tenant,
lienholder, personal representative or designated person contacts
the landlord.
(c) The notice required by subsection (3) of this section
{ - shall - } { + must + } be as provided in subsection (5)
of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property { - shall - } { + must + }
be consistent with this subsection;
(B) The notice { - shall - } { + must + } state that a
governmental agency has determined that the property constitutes
an extreme health or safety hazard and must be removed quickly;
and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder or a personal representative or
designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, personal representative or
designated person pursuant to subsection (18) of this section.
(21)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with the provisions of this
section if, after termination of the tenancy or no more than
seven days prior to the termination of the tenancy, the following
parties so agree in a writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (19) of this section; and
(C) Any lienholder.
(b) A landlord may not, as part of a rental agreement, as a
condition to approving a sale of property on rented space under
ORS 90.680 or in any other manner, require a tenant, a personal
representative, a designated person or any lienholder to waive
any right provided by this section.
(22) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 59. ORS 90.865 is amended to read:
90.865. A seller of a manufactured dwelling { - acting as a
vehicle dealer under ORS chapter 822 - } { + who is subject to
section 26 of this 2003 Act + } must provide notice under ORS
90.870 if the manufactured dwelling is to be placed in a facility
and the seller:
(1) Pays a portion of the rent for the dwelling; or
(2) Provides financing or assists the buyer in arranging
financing that results in a party taking a purchase money
security interest in the dwelling and the seller knows that a
portion of the proceeds from the financing is to be used to pay a
portion of the rent for the dwelling.
SECTION 60. ORS 114.535 is amended to read:
114.535. (1) Any person indebted to the decedent or having
possession of personal property belonging to the estate, to whom
a certified copy of the affidavit filed under ORS 114.515 is
delivered by the affiant on or after the 10th day following the
filing of the affidavit, shall pay, transfer or deliver the
personal property to the affiant. Any person who has received
property of the decedent under ORS 722.262 { - , - }
{ + or + } 803.094 { + or section 19 of this 2003 Act + }, or
any similar statute providing for the transfer of property of an
estate which is not being probated shall pay, transfer or deliver
the property to the affiant if the person would be required to
pay, transfer or deliver the property to a personal
representative of the estate. The transferor is discharged and
released from any liability or responsibility for the transfer in
the same manner and with the same effect as if the property had
been transferred, delivered or paid to a personal representative
of the estate of the decedent.
(2) A transfer agent of any corporate security registered in
the name of the decedent shall change the registered ownership on
the books of the corporation to the person entitled thereto on
presentation of a certified copy of the affidavit filed under ORS
114.515.
(3) If a person to whom an affidavit is delivered refuses to
pay, deliver or transfer any personal property to the affiant or
the person entitled to the property as disclosed in the affidavit
filed under ORS 114.515, the property may be recovered or its
payment, delivery or transfer compelled upon proof of the
transferee's entitlement in a proceeding brought for the purpose
by or on behalf of the transferee.
SECTION 61. ORS 114.545 is amended to read:
114.545. (1) The affiant:
(a) Shall take control of the property of the estate coming
into the possession of the affiant.
(b) Within 30 days after filing the affidavit shall mail,
deliver or cause to be recorded each instrument which the
affidavit states will be mailed, delivered or recorded.
(c) From and to the extent of the property of the estate, shall
pay or reimburse any person who has paid:
(A) Expenses described in ORS 115.125 (1)(b) and (c) and listed
in the affidavit;
(B) Claims listed in the affidavit as undisputed;
(C) Allowed claims presented to the affiant within the time
permitted by ORS 114.540; and
(D) Claims which the probate court directs the affiant to pay.
(d) Shall pay claims and expenses under paragraph (c) of this
subsection in the order of priority prescribed by ORS 115.125.
(e) May transfer or sell any vehicle that is part of the estate
before the completion of the period established under ORS 114.555
if the affiant complies with the requirements established by the
Department of Transportation for such purposes under ORS 803.094.
(f) May convey any real or personal property that is part of
the estate before the completion of the period established under
ORS 114.555, provided that each heir or devisee succeeding to the
interest conveyed joins in the conveyance and that any proceeds
of sale, net of the reasonable expenses of sale and any debt
secured as of the date of the decedent's death by a duly
perfected lien on the property, shall become a part of the estate
subject to ORS 114.505 to 114.560. { + If the property is a
manufactured structure as defined in section 8 of this 2003 Act,
the affiant must assign interest in the structure as provided in
section 19 of this 2003 Act. + } Any conveyance to a purchaser in
good faith and for a valuable consideration made by the affiant
and the heir or devisee succeeding to the interest conveyed, or
made by the heir or devisee succeeding to the interest conveyed
after completion of the period established under ORS 114.555,
conveys the interest stated in the conveyance free of any
interest of the claiming successors, and the purchaser has no
duty with respect to application of the consideration paid for
the conveyance.
(2) Any claiming successor to whom payment, delivery or
transfer is made under ORS 114.505 to 114.560 as a person
entitled thereto as disclosed in the affidavit is personally
answerable and accountable:
(a) To the extent of the value of the property received, to
creditors of the estate to the extent such creditors are entitled
to payment under subsection (1) of this section; and
(b) To any personal representative of the estate of the
decedent thereafter appointed.
(3) The affiant shall cause to be recorded in the deed records
of any county in which real property belonging to the decedent is
situated an affiant or claiming successor's deed executed in the
manner required by ORS chapter 93.
{ + (4) For a manufactured structure as defined in section 8
of this 2003 Act belonging to a decedent and assessed as personal
property, the affiant shall file with the Department of Consumer
and Business Services the necessary information for recording the
successor's interest in the manufactured structure on an
ownership document. + }
SECTION 62. ORS 184.642 is amended to read:
184.642. (1) The Department of Transportation Operating Fund is
established in the State Treasury separate and distinct from the
General Fund and separate and distinct from the State Highway
Fund. Moneys in the Department of Transportation Operating Fund
are continuously appropriated to the Department of Transportation
to pay expenses of the department that are incurred in the
performance of functions the department is statutorily required
or authorized to perform and that may not constitutionally be
paid from revenues described in section 3a, Article IX of the
Oregon Constitution.
(2) The operating fund shall consist of the following:
(a) Taxes paid on motor vehicle fuels or on the use of fuel in
a motor vehicle for which a person is entitled to a refund under
a provision described in this paragraph but for which no refund
is claimed, in amounts determined under ORS 184.643. This
paragraph applies to refund entitlements described in ORS 319.280
(1)(a) and (e), 319.320 (1)(a) and 319.831 (1)(b).
(b) Fees collected under ORS 822.700 for issuance or renewal
of:
(A) Wrecker certificates;
(B) Vehicle dealer certificates;
(C) Driver training certificates;
(D) Commercial driver training school certificates; and
(E) Appraiser certificates.
(c) Fees collected under ORS 822.705.
(d) Moneys from civil penalties imposed under ORS 822.009
{ - or 822.075 - } .
(e) Fees collected under ORS 807.410 for identification cards.
(f) Fees collected by the department for issuance of permits to
engage in activities described in ORS 374.305 to 374.330 that are
not directly connected to the construction, reconstruction,
improvement, repair, maintenance, operation and use of a public
highway, road, street or roadside rest area.
(g) Interest and other earnings on moneys in the operating
fund.
(3) Moneys in the Department of Transportation Operating Fund
established by subsections (1) and (2) of this section may be
spent only as follows:
(a) Taxes described in subsection (2)(a) of this section may be
used only for payment of expenses of the Department of
Transportation that:
(A) May not constitutionally be paid from revenues described in
section 3a, Article IX of the Oregon Constitution;
(B) Are incurred in the performance of functions the department
is statutorily required or authorized to perform; and
(C) Are not payable from moneys described in paragraphs (b) to
(e) of this subsection.
(b) Fees collected under subsection (2)(b) of this section may
be used only to carry out the regulatory functions of the
department relating to the businesses that generate the fees.
(c) Fees collected under ORS 822.705 may be used only for the
purposes described in ORS 822.705.
(d) Moneys collected from civil penalties imposed under ORS
822.009 { - or 822.075 - } may be used only for regulation of
vehicle dealers.
(e) Moneys collected under ORS 807.410 from fees for
identification cards may be used only for performing the
functions of the department relating to identification cards.
(f) Moneys from the permits described in subsection (2)(f) of
this section may be used for costs of issuing the permits and
monitoring the activities that generate the fees.
(g) Moneys from interest and other earnings on moneys in the
operating fund may be used for any purpose for which other moneys
in the fund may be used.
SECTION 63. ORS 307.190 is amended to read:
307.190. (1) All items of tangible personal property held by
the owner, or for delivery by a vendor to the owner, for personal
use, benefit or enjoyment, are exempt from taxation.
(2) The exemption provided in subsection (1) of this section
does not apply to:
(a) Any tangible personal property held by the owner, wholly or
partially for use or sale in the ordinary course of a trade or
business, for the production of income, or solely for investment.
(b) Any tangible personal property required to be licensed or
registered under the laws of this state.
(c) Floating homes or boathouses, as defined in ORS 830.700.
{ + (d) Manufactured structures as defined in section 8 of
this 2003 Act. + }
SECTION 64. ORS 308.425 is amended to read:
308.425. (1) If, during any tax year, any real or personal
property is destroyed or damaged by fire or act of God, the owner
or purchaser under a recorded instrument of sale in the case of
real property, or the person assessed, person in possession or
owner in the case of personal property, may apply to the tax
collector for proration of the taxes imposed on the property for
the tax year.
(2) Application for proration of taxes under subsection (1) of
this section shall be made not later than the end of the tax year
or 30 days after the date the property was destroyed or damaged,
whichever is later.
(3)(a) For property that is totally destroyed, the tax
collector shall collect only one-twelfth of the taxes imposed on
the property for the tax year, for each month or fraction of a
month that the property was in existence during the tax year. The
tax collector shall cancel the remainder of the taxes imposed on
the property for the tax year.
(b) For property that is damaged, the tax collector shall
collect only one-twelfth of the taxes imposed on the property for
the tax year, for each month or fraction of a month that preceded
the month during which the property was damaged. For the month in
which the property was damaged, and for each month of the tax
year thereafter in which the property remains damaged, the tax
collector shall collect that percentage of one-twelfth of the
taxes imposed on the property that the real market value or the
assessed value of the property after the damage (whichever is
less) bears to the assessed value of the property before the
damage. The assessor shall advise the tax collector of the value
percentage required under this paragraph. The tax collector shall
cancel any taxes not to be collected due to this paragraph.
{ - (4) If the damaged property to which this section applies
is a manufactured structure that is moved to another county after
being damaged, the owner shall advise the tax collector of the
new location of the manufactured structure. - }
{ - (5) - } { + (4) + } That portion of the property that
is damaged property and that is subsequently repaired shall be
considered to be new property or new improvements to property
under ORS 308.153 for the assessment year in which the repairs or
replacements are first taken into account.
SECTION 65. ORS 308.865 is amended to read:
308.865. (1) A person { - shall - } { + may + } not move a
{ - manufactured structure - } { + mobile modular unit + } to
a new situs within the same county or outside the county until
the person has:
(a) Given notice of the move to the { - county assessor, - }
county tax collector { + ; + } { - and the Department of
Transportation; and - }
(b) Paid all property taxes and special assessments for the
current tax year and all outstanding delinquent property taxes
and special assessments for all past tax years { + ; and
(c) Obtained a trip permit from the county assessor + }.
{ - (2) Notwithstanding subsection (1) of this section, a
person may move a manufactured structure without paying all
outstanding delinquent property taxes and special assessments if
the move is pursuant to ORS 90.425 or 90.675. - }
{ + (2) Upon receiving notice of a move, the county tax
collector shall send copies of the notice to the county assessor
and the Department of Consumer and Business Services. + }
(3) The Department of Transportation { - shall - } { +
may + } not issue a
{ - trip - } { + variance + } permit under ORS
{ - 820.560 - } { + 818.200 for a mobile modular unit + }
{ - , - } until the owner furnishes a { - statement - } { +
trip permit + } from the county { - tax collector that all
taxes have been paid as required by subsection (1) of this
section. The Department of Transportation shall accept a receipt
issued under ORS 308.866 (3) as sufficient statement of payment
of taxes from a person who applies for a trip permit to move a
mobile modular unit. - } { + assessor. + }
(4) In computing taxes { + and special assessments on a mobile
modular unit + } that will become due { - for purposes of an
application for a trip permit under ORS 820.560 - } , the
following apply:
(a) If the assessor can compute the exact amount of taxes,
special assessments, fees and charges, the assessor is authorized
to levy and the tax collector is authorized to collect such
amount.
(b) If the assessor is unable to compute such amount at such
time, the owner shall either pay an amount computed using the
value then on the assessment roll for { - such manufactured
structure - } { + the mobile modular unit + } or that value
which next would be used on an assessment roll and the assessor's
best estimate of taxes, special assessments, fees and other
charges.
(c) ORS 311.370 { - shall apply - } { + applies + } to all
taxes collected under this subsection.
{ - (5) The tax collector of the county of the old situs may
charge the owner of a manufactured structure a fee of no more
than $10 for preparing the statement required by subsection (3)
of this section. - }
{ - (6) - } { + (5) + } As used in { - this section
and - } ORS 305.288 and ORS chapters 306, 308, 310 and 311,
'manufactured structure' has the meaning given in { - ORS
801.333 - } { + section 8 of this 2003 Act + }.
SECTION 66. ORS 308.866 is amended to read:
308.866. (1) As used in ORS 308.865 { - , 820.560 - } and
this section, 'mobile modular unit' means a prefabricated
structure that is more than eight and one-half feet wide, is used
for commercial or business purposes and is capable of being moved
on the highway.
(2) The owner as of January 1 of each year of a mobile modular
unit that is taxed as personal property shall submit no later
than the following March 1 a statement of the value of the unit
and of its location. The { + owner shall submit the + }
statement
{ - shall be submitted - } to the county assessor of the
county in which the unit is located on January 1 of the year for
which the statement is submitted. An owner who fails to provide
the statement { - shall be - } { + is + } subject to the late
filing penalty as provided in ORS 308.295. The Department of
{ - Revenue - } { + Consumer and Business Services + } shall
prescribe the form of statement.
(3) When taxes on a mobile modular unit have been paid in
accordance with the provisions of ORS 308.865, the tax collector
shall issue the owner of the unit a receipt indicating that the
taxes have been paid. The { + county assessor shall accept
the + } receipt
{ - shall be - } { + as + } proof that property taxes in that
county have been paid for the tax year { - and shall be
accepted by the Department of Transportation - } when the owner
of the unit applies for a trip permit { - under ORS 820.560 - }
.
(4) Notwithstanding any other provision of law, the county tax
collector shall accept a cashier's check or money order in
payment of taxes on a mobile modular unit.
SECTION 67. ORS 308.875 is amended to read:
308.875. If the manufactured structure and the land upon which
the manufactured structure is situated are owned by the same
person, the assessor shall assess the manufactured structure as
real property. If the manufactured structure is owned separately
and apart from the land upon which it is located, { - it shall
be assessed and taxed - } { + the assessor shall assess and tax
the manufactured structure + } as personal property.
{ - Subject to ORS 820.510, - } { + A change in the property
+ }classification of a manufactured structure { - as real
property - } for ad valorem tax purposes { - shall - } { +
does + } not change the { + property + } classification of
{ - such - } { + the + } structure { - as personal
property - } with respect to any transactions between the owner
and security interest holders or other persons. Manufactured
structures { + classified as personal property + } need not be
returned under ORS 308.290.
SECTION 68. ORS 308.880 is amended to read:
308.880. (1) The owner of any travel trailer described in ORS
801.565 which is being used either as a permanent home or for
other than recreational purposes may apply to the assessor in the
county in which it has situs to have the travel trailer assessed
for ad valorem taxation. If the assessor determines that
{ - the - } { + a + } travel trailer is being used either as a
permanent home or for other than recreational uses, the assessor
shall place the travel trailer on the assessment and tax rolls
the same as if it were a manufactured structure. The assessor
shall accept the travel trailer plate for the vehicle and return
the plate to the Department of Transportation, and shall assist
in obtaining { - a permanent registration plate - } { + an
ownership document + } for the travel trailer under { - ORS
820.500 - } { + section 11 of this 2003 Act + }. Any travel
trailer placed on the assessment and tax rolls under this section
{ - shall be - } { + is + } considered { - as - } a
manufactured structure for all purposes.
(2) The owner of any special use trailer described in ORS
801.500 that is eight and one-half feet or less in width may
apply to the assessor of the county in which it has situs to have
the special use trailer assessed for ad valorem taxation. If the
assessor determines that the special use trailer is eight and
one-half feet or less in width and is permanently situated in one
place, the assessor shall place the special use trailer on the
assessment and tax rolls in the same way as if it were a
manufactured structure. The assessor shall accept any special use
trailer plate for the vehicle and return the plate to the
Department of Transportation, and shall assist in obtaining
{ - a permanent registration plate - } { + an ownership
document + } for the special use trailer under { - ORS
820.500 - } { + section 11 of this 2003 Act + }. Any special
use trailer placed on the assessment and tax rolls under this
section { - shall be - } { + is + } considered { - as - }
a manufactured structure for all purposes.
SECTION 69. ORS 311.280 is amended to read:
311.280. (1) Any person desiring to pay taxes on any part of
any real estate assessed as one parcel or tract may do so by
applying to the county assessor or deputy county assessor. The
county assessor shall determine the relative or proportionate
value such part bears to the value of the whole tract assessed,
and shall file a statement thereof with the tax collector, on
which basis the assessment shall be divided and taxes shall be
collected accordingly.
(2) The assessor or tax collector shall not divide an
assessment under this section unless the person calling for the
division of assessment owns, or holds a mortgage or other lien on
that part only of such area on which the person desires to pay
the taxes, and has filed with the assessor a true copy of the
deed, contract of sale, mortgage or other instrument evidencing
the interest in the part; provided that whenever such instrument
is otherwise recorded in the county records, such filing shall
not be required.
(3) The assessor or tax collector shall not divide an
assessment under this section unless all ad valorem taxes, fees
and other charges required to be placed upon the tax roll that
have been certified for collection under ORS 311.105 and 311.110
and become a lien upon the entire parcel of property have been
paid. However, if the applicant for the division is a public
body, only the portion of such taxes, fees and other charges
apportionable to the part of the real estate owned by the public
body, or on which the public body holds a mortgage or other lien,
need be paid. As used in this subsection, 'public body' means the
United States, its agencies and instrumentalities, the state, a
county, city, school district, irrigation or drainage district, a
port, a water district and all other public or municipal
corporations in the state exempt from tax under ORS 307.040 or
307.090.
(4) In the case of a parcel or tract of real estate which is
being assessed under one of the special assessment laws listed in
ORS 308A.733 (2) or under ORS 358.480 to 358.545, the assessor or
tax collector shall not divide the assessment unless the portion
of any additional taxes or penalty apportionable to the part of
the property disqualified from special assessment is paid.
(5) In the case of property within the jurisdiction of a city
or county which has adopted minor land partition regulations
pursuant to ORS 92.046, the assessor shall not divide an
assessment unless the person calling for the division of
assessment has filed with the assessor evidence that the division
has been approved as required by such regulations.
(6) Whenever a manufactured structure is assessed as real
property under ORS 308.875 { - or 820.510 - } , and the
security interest holder of the manufactured structure is a
person different from the owner of the parcel of land upon which
it is situated, the security interest holder may apply to the
assessor for a division of the value of the entire parcel between
the value of the manufactured structure and the value of the
remainder of the parcel. Using this value division, the tax
collector shall allocate the taxes between the
{ - manufacture - } { + manufactured + } structure and the
remainder of the parcel, and the security interest holder of the
manufactured structure may pay the taxes on the value
attributable to the manufactured structure and thereby free the
manufactured structure from the lien of those taxes. If a
division is made and { + taxes and special assessments are paid
on the value attributable to the manufactured structure, + } the
{ + county may reclassify the + } manufactured structure { + as
personal property, forward an application for an ownership
document to the Department of Consumer and Business Services and
allow the structure to be + } moved { + as provided in section
22 of this 2003 Act + } without payment of { + the + } taxes
{ - , the lien of the tax on the manufactured structure is on
both the manufactured structure and the parcel from which it was
removed; however, payment of taxes on the manufactured structure
will reduce, in the amount of taxes paid, the taxes against the
remainder of the parcel, and payment of the taxes assessed
against the entire parcel will remove the lien of taxes against
the manufactured structure. - } { + and special assessments
attributable to the land. + }
(7) If protest is filed to the division, the matter shall be
heard by the county commissioners or the county court (as defined
in ORS 306.005) at its next regular session for transaction of
county business, who shall make a final division of the
assessment, and the tax collector shall collect and receipt for
the taxes as so determined and ordered.
(8) No person shall apply in any year under this section for a
division of the assessment of a subdivision made on the
assessment roll prepared as of January 1 of the year in which the
subdivision is finally approved.
SECTION 70. ORS 311.370 is amended to read:
311.370. (1)(a) For all taxes, penalties and other charges
collected by the tax collector under, including, but not limited
to, ORS 92.095, 100.110, 308.260, 308.865, 308A.119, 308A.324,
308A.700 to 308A.733, 311.165, 311.206, 311.229, 311.405 (4) or
(5), 311.415, 311.465, 354.690, 358.525 and 454.225 { + and
section 22 of this 2003 Act + }, the tax collector shall issue
receipts similar in form to the receipts issued on payment of
taxes regularly charged on the tax roll.
(b) The assessor shall enter all assessments of property to
which paragraph (a) of this subsection applies in the assessment
roll and shall make proper entries showing the extension of the
taxes in the usual manner and as though no payment to the tax
collector had been made.
(2) Upon receipt thereof, the tax collector shall deposit with
the county treasurer all money collected by the tax collector
under subsection (1) of this section. The county treasurer shall
issue to the tax collector duplicate receipts for the money and
shall hold it in a special account in the name of the tax
collector.
(3) Upon delivery of the assessment roll pursuant to ORS
311.115, the tax collector shall post the payments evidenced by
the receipts, and the amount of any underpayment or overpayment.
The tax collector shall then make a statement to the county
treasurer which shall specify the amount to be retained in the
special account to make the refunds required under subsection (4)
of this section. The tax collector shall direct the county
treasurer to transfer the balance in the special account to the
unsegregated tax collections account described in ORS 311.385.
(4) Any sum collected by the tax collector that exceeds the
amount extended on the tax roll as provided in subsection (1)(b)
of this section by $5 or more shall be refunded to the taxpayer
by the county treasurer upon receiving instructions for doing so
from the tax collector. If an amount remains that cannot be
refunded by June 30 of the next calendar year, the tax collector
shall instruct the treasurer to transfer the amount to the
unsegregated tax collections account described in ORS 311.385.
(5) If a sum less than the tax charged on the tax roll has been
collected, the deficiency shall be canceled by the tax collector
if such sum is $5 or less, and the tax collector shall note upon
the tax roll opposite the appropriate account, 'Tax deficiency
canceled pursuant to ORS 311.370.' Otherwise, the deficiency
shall be collected as provided by law.
(6) If an appeal that is perfected under ORS 311.467 for taxes
collected under ORS 311.465 results in a refund under ORS
311.806, the reimbursement for the refund to the unsegregated tax
collections account shall be made from the account provided for
in subsection (2) of this section.
SECTION 71. ORS 311.512 is amended to read:
311.512. { - Subject to ORS 820.510: - }
(1) Taxes on manufactured structures assessed as real property
shall become due, become delinquent, and { - shall - } be
collected at the same time and in the same manner as taxes on
other real property { - ; provided, however, that such taxes
shall also be a debt due and owing from the owner of the
manufactured structure, and, in the discretion of the county,
shall be subject to the provisions of law for the collection of
personal property taxes - } . Taxes on manufactured structures
assessed as personal property { - shall be - } { + are + }
subject to all the provisions of law relating to the assessment,
taxation and collection of personal property taxes.
(2) The seizure and sale { + for tax delinquency + } of a
manufactured structure { - for tax delinquency shall - } { +
assessed as personal property must + } be conducted and carried
out in the same manner as provided by law for the seizure and
sale of other personal property for the collection of taxes due
thereon, except as follows:
(a) If the records of the Department of
{ - Transportation - } { + Consumer and Business Services + }
indicate that the person to whom the seized manufactured
structure is assessed is not the security interest holder, the
tax collector, before selling the manufactured structure, shall
give notice of the sale to any security interest holder { - or
lessor - } by registered or certified mail, addressed to the
security interest holder { - or lessor - } at the last-known
address of the holder { - or lessor - } as shown by the
records of the Department of { - Transportation - } { +
Consumer and Business Services + }, mailed not later than the
10th day before the sale.
(b) At any time before the sale, the person assessed { - , - }
{ + or + } security interest holder { - or lessor - } of the
manufactured structure to be sold may pay the tax collector the
full amount of the delinquent taxes, plus any penalties and
interest thereon, and costs incurred by the tax collector in
seizing the manufactured structure and arranging its sale. If
this is done, the { + tax collector may not hold the + }sale
{ - shall not be held - } and { - the tax collector - }
shall return the manufactured structure to the person entitled to
{ - its - } possession { + of the structure + }.
(c) If the amount realized on the sale is in excess of the
amount of taxes, interest, penalties and costs due on the
manufactured structure, the tax collector first shall pay to the
security interest holder, { - then to the lessor of the
manufactured structure, - } according to the records of the
Department of
{ - Transportation - } { + Consumer and Business
Services + }, the amount of their interest to the extent there
are sufficient moneys to do so, and shall pay any amount
thereafter remaining to the owner of the manufactured structure.
SECTION 72. ORS 366.512 is amended to read:
366.512. (1) The Department of Transportation shall collect all
registration fees for campers, { - manufactured structures, - }
motor homes and travel trailers. Such fees shall be paid into the
State Parks and Recreation Department Fund.
(2) As used in this section and in ORS 390.134 (1) to (6), the
words 'camper,' { - ' manufactured structure,' - } 'motor
home' and 'travel trailer' have the meanings given in ORS chapter
801.
SECTION 73. ORS 377.650 is amended to read:
377.650. Any personal property not coming within the definition
of junk, except a vehicle as defined in ORS 801.590 { - ,
which - } { + or a manufactured structure as defined in section
8 of this 2003 Act, that + } is deposited, left or displayed on a
state highway is hereby found and declared to be a public
nuisance. The Director of Transportation may do any of the
following with respect to personal property declared to be a
nuisance by this section:
(1) Ten days after written notice is mailed to the person
owning the personal property, the director may institute on
behalf of the Department of Transportation any legal proceedings
the director considers necessary to prevent the violation of this
section.
(2) Ten days after written notice, the director may remove the
personal property and store it. After 30 days of storage, unless
claimed sooner by the owner, the director may sell or otherwise
dispose of the personal property. Where removal is performed by
the director, the director shall not be liable for any conversion
of personal property and may collect the cost for removal,
storage and sale or disposal of the personal property from the
person owning it.
(3) If the property is a sign, as defined under ORS 377.710,
that is portable or if the property has been repeatedly
deposited, left or displayed in violation of this section, the
director may follow the procedures under ORS 377.655. This
subsection applies notwithstanding any other provision of this
section.
SECTION 74. ORS 390.134 is amended to read:
390.134. The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. The
following apply to the fund established by subsections (1) to (6)
of this section:
(1) 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 (2) of this
section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(2) 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.
(3) All of the moneys in the fund except those moneys described
in subsection (2), (4), (5) or (6) of this section
{ - shall - } { + must + } be deposited in a separate
subaccount within the fund under subsections (1) to (6) of this
section 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.
(4) 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
under subsections (1) to (6) of this section 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.
(e) As used in subsections (1) to (6) of this section, '
county' { - shall include - } { + 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.
(5) 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.
(6) 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.
(7) 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 State
Parks and Recreation Department Fund. The director shall make the
report in a form and manner as the committee may prescribe.
SECTION 75. ORS 455.010 is amended to read:
455.010. As used in this chapter, unless the context requires
otherwise:
(1)(a) 'Advisory board' means the board with responsibility for
assisting in the adoption, amendment or administration of a
specialty code, specifically:
(A) The Building Codes Structures Board established under ORS
455.132;
(B) The Electrical and Elevator Board established under ORS
455.138;
(C) The State Plumbing Board established under ORS 693.115;
(D) The Manufactured Structures and Parks Advisory Board
established under ORS 446.280; or
(E) The Board of Boiler Rules established under ORS 480.535.
(b) 'Appropriate advisory board' means the advisory board that
has jurisdiction over a particular code, standard, license,
certification or matter.
(2) 'Department' means the Department of Consumer and Business
Services.
(3) 'Director' means the Director of the Department of Consumer
and Business Services.
(4) 'Municipality' means a city, county or other unit of local
government otherwise authorized by law to administer a building
code.
(5) 'One and Two Family Dwelling Code' means the adopted
specialty code prescribing standards for the construction of one
and two family dwellings.
(6) 'Prefabricated structure' means a building or subassembly
{ - which - } { + that + } has been in whole or substantial
part manufactured or assembled using closed construction at an
off-site location to be wholly or partially assembled on-site
{ - ; but - } { + . ' Prefabricated structure' + } does not
include a manufactured
{ - structure - } { + dwelling, recreational structure or
recreational vehicle, as those terms are defined in ORS
446.003 + }.
(7) 'Specialty code' means a code of regulations adopted under
ORS 446.062, 446.185, 447.020 (2), 455.020 (2), 455.610, 455.680,
460.085, 460.360, 479.730 (1) or 480.545; but does not include
regulations adopted by the State Fire Marshal pursuant to ORS
chapter 476 or ORS 479.010 to 479.200 and 479.210 to 479.220.
(8) 'State building code' means the combined specialty codes.
(9) 'Structural code' means the specialty code prescribing
structural standards for building construction.
(10) 'Unsafe condition' means a condition caused by earthquake
which is determined by the department or any representative of
the department to be dangerous to life and property. 'Unsafe
condition' includes but is not limited to:
(a) Any portion, member or appurtenance of a building that has
become detached or dislodged or appears likely to fail or
collapse and thereby injure persons or damage property; or
(b) Any portion, of a building or structure that has been
damaged by earthquake, or by fire or explosion resulting from an
earthquake, to the extent that the structural strength or
stability of the building is substantially less than it was prior
to the earthquake.
SECTION 76. ORS 455.895 is amended to read:
455.895. (1)(a) The State Plumbing Board may impose a civil
penalty against a person as provided under ORS 447.992 and
693.992. Amounts recovered under this paragraph are subject to
ORS 693.165.
(b) The Electrical and Elevator Board may impose a civil
penalty against a person as provided under ORS 479.995. Amounts
recovered under this paragraph are subject to ORS 479.850.
(c) The Board of Boiler Rules may impose a civil penalty
against a person as provided under ORS 480.670. Amounts recovered
under this paragraph shall be deposited to the General Fund.
(2) The Director of the Department of Consumer and Business
Services, in consultation with the appropriate board, if any, may
impose a civil penalty against any person who violates any
provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to
480.670 and this chapter and ORS chapters 447, 460 and 693
{ + and sections 9 to 23 and 25 to 39 of this 2003 Act, + } or
any rule adopted or order issued for the administration and
enforcement of those provisions. Except as provided in
subsections (3) and (8) of this section, a civil penalty imposed
under this section must be in an amount determined by the
appropriate board or the director of not more than $5,000 for
each offense or, in the case of a continuing offense, not more
than $1,000 for each day of the offense.
(3) Each violation of ORS 446.003 to 446.200 or 446.225 to
446.285, or any rule or order issued thereunder, constitutes a
separate violation with respect to each manufactured structure or
with respect to each failure or refusal to allow or perform an
act required thereby, except that the maximum civil penalty may
not exceed $1 million for any related series of violations
occurring within one year from the date of the first violation.
(4) The maximum penalty established by this section for a
violation may be imposed only upon a finding that the person has
engaged in a pattern of violations. The Department of Consumer
and Business Services, by rule, shall define what constitutes a
pattern of violations. Except as provided in { - subsection
(1) - } { + subsections (1) and (9) + } of this section, moneys
received from any civil penalty under this section are
appropriated continuously for and shall be used by the director
for enforcement and administration of provisions and rules
described in subsection (2) of this section.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(6) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the director or the
appropriate board considers proper and consistent with the public
health and safety. In any judicial review of a civil penalty
imposed under this section, the court may, in its discretion,
reduce the penalty.
(7) Any officer, director, shareholder or agent of a
corporation, or member or agent of a partnership or association,
who personally participates in or is an accessory to any
violation by the partnership, association or corporation of a
provision or rule described in subsection (2) of this section is
subject to the penalties prescribed in this section.
(8) In addition to the civil penalty set forth in subsection
(1) or (2) of this section, any person who violates a provision
or rule described in subsection (2) of this section may be
required by the director or the appropriate board to forfeit and
pay to the General Fund of the State Treasury a civil penalty in
an amount determined by the director or board that shall not
exceed five times the amount by which such person profited in any
transaction that violates a provision or rule described in
subsection (2) of this section.
{ + (9) If a civil penalty is imposed for a violation of
section 9, 22 or 23 of this 2003 Act, the department shall
forward one-half of the civil penalty amount to the county in
which the manufactured structure is located at the time of the
violation. + }
SECTION 76a. ORS 458.005 is amended to read:
458.005. As used in ORS 458.005 and 458.015 to 458.065, unless
the context requires otherwise:
(1) 'Distressed area' means a primarily residential area of a
city designated by a city under ORS 458.015 which, by reason of
deterioration, inadequate or improper facilities, the existence
of unsafe or abandoned structures, including but not limited to a
significant number of vacant or abandoned single or multifamily
residential units, or any combination of these or similar
factors, is detrimental to the safety, health and welfare of the
community. Each city that adopts, by resolution or ordinance,
ORS 308.450 to 308.481, shall adopt rules specifying the process
for determining the boundaries of a distressed area and for
distressed area boundary changes. At no time shall the cumulative
land area within the boundaries of distressed areas within a
city, determined for purposes of ORS 458.005 and 458.015 to
458.065, exceed 20 percent of the total land area of the city.
(2) 'Governing body' means the city legislative body having
jurisdiction over the property for which an exemption may be
applied for under ORS 458.005 and 458.015 to 458.065.
(3) 'Single-unit housing unit' means a newly constructed
structure having only one dwelling unit that:
(a) Is, or will be, at the time that construction is completed,
in conformance with all local plans and planning regulations,
including special or district-wide plans developed and adopted
pursuant to ORS chapters 195, 196, 197 and 227.
(b) Is constructed on or after January 1, 1990, and is
completed within two years after application for exemption is
approved under ORS 458.040 or before July 1, 2003, whichever is
earlier.
(c) Upon completion, is designed for habitation by one person
or one family.
(d) Upon completion, has a market value (land and improvements)
of no more than 120 percent, or a lesser percent as adopted by
the governing body by resolution, of the median sales price of
single family homes located within the city. Prior to January 1
of each year, the governing body shall adopt by resolution the
median sales price to be used for purposes of this paragraph
during the next calendar year. In determining median sales price
the governing body, assisted by the county assessor, shall use
the sales data collected under ORS 309.200 in the county in which
the greater portion of the taxable assessed value of the city is
located for the period ending the prior November 30 relative to
single family homes. In addition, the governing body may use data
made available by the real estate and construction or other
appropriate industry.
(e)(A) Is not a manufactured structure as defined in { - ORS
801.333 - } { + section 8 of this 2003 Act + }, or a floating
home, as defined in ORS 830.700.
(B) Notwithstanding subparagraph (A) of this paragraph, a '
single-unit housing unit' includes a 'manufactured home' as
described under ORS 197.307 (5)(a) to (f).
(4) 'Structure' does not include the land, nor any site
development to the land, as both are defined under ORS 307.010.
SECTION 77. ORS 468B.085 is amended to read:
468B.085. Subject to ORS 468B.083, { - no - } { + a + }
person, including a person in the possession or control of
{ - any - } land, { - shall - } { + may not + } deposit,
discard or place { - any - } { + the + } chassis, body or
shell of a motor vehicle as defined by ORS 801.360 { + , + }
{ - or of any - } { + a + } vehicle as defined by ORS
801.590, { + a manufactured structure as defined in section 8 of
this 2003 Act + } or parts and accessories thereof, including
tires, into the waters of the state for any purpose, or deposit,
discard or place such materials in a location where { - they
may be - } { + the materials are + } likely to escape or be
carried into the waters of the state by any means.
SECTION 78. ORS 479.260 is amended to read:
479.260. (1) { - No - } { + A + } person { - shall - }
{ + may not + } convey fee title to any real property that
includes a dwelling unit or lodging house, or transfer possession
of any dwelling unit or lodging house pursuant to a land sale
contract, unless there is installed in the dwelling unit or
lodging house a smoke detector or the required number of approved
smoke alarms, installed in accordance with the state building
code and rules of the State Fire Marshal adopted under ORS
479.295. The smoke alarms required by this subsection
{ - shall - } { + must + } meet the requirements of ORS
479.297.
(2)(a) { - No - } { + A + } person { - shall - } { +
may not + } convey { - title - } { + ownership + } or
transfer possession of any manufactured dwelling, as defined in
ORS 446.003, unless there is installed in the manufactured
dwelling the required number of approved smoke alarms or smoke
detectors, installed in accordance with the state building code
or with the federal manufactured dwelling construction and safety
standards adopted under ORS 446.155.
(b) A smoke alarm installed in a manufactured dwelling that is
resold by a person other than the manufacturer or authorized
dealer { - shall - } { + must + } meet the requirements of
ORS 479.297.
SECTION 79. ORS 479.265 is amended to read:
479.265. Any purchaser or transferee of a dwelling unit who is
aggrieved by a violation of ORS 479.260 may bring an individual
action in an appropriate court to recover actual damages or $50,
whichever is greater. In any action brought by a person under
this section, the court may award to the prevailing party, in
addition to the relief provided in this section, reasonable
attorney fees at trial and on appeal and costs. Actions brought
under this section { - shall - } { + must + } be commenced
within one year of the date of sale or transfer. Notwithstanding
the provisions of this section, violation of ORS 479.260
{ - shall - } { + does + } not affect the transfer of the
title { + , ownership + } or possession of the dwelling unit.
SECTION 80. ORS 646.400 is amended to read:
646.400. As used in this section and ORS 646.402:
(1) 'Base price' means the total retail cost of the following
unless separately disclosed as described in ORS 646.402 (2):
(a) The manufactured dwelling as provided by the manufacturer;
(b) Features added by the dealer, if any;
(c) Freight; and
(d) Delivery and installation as stated in the purchase
agreement.
(2) 'Buyer' means a person who buys or agrees to buy a
manufactured dwelling.
(3) 'Improvements' means goods and services not included in the
base price that are, in general, needed to prepare a site and
complete the setup of a manufactured dwelling. 'Improvements '
includes, but is not limited to, permits, site preparation,
sidewalks, concrete, utility connections, skirting, steps,
railings, decks, awnings, carports, garages, sheds, gutters,
downspouts, rain drains, heat pumps, air conditioning, basements,
plants and landscaping, installation fees and system development
charges.
(4) 'Manufactured dwelling' has the meaning given that term in
ORS 446.003.
(5) 'Manufactured dwelling dealer' or 'dealer' means a person
{ - selling - } { + who sells + } a manufactured dwelling
{ - while acting as a dealer regulated under ORS chapter 822 - }
{ + in a manner that makes the person subject to the license
requirement of section 26 of this 2003 Act + }.
(6) 'Purchase agreement' means the written contract between the
manufactured dwelling dealer and the buyer for the purchase of a
manufactured dwelling. 'Purchase agreement' does not include
documents of a retail installment contract or loan agreement
entered into as part of the purchase transaction.
SECTION 81. ORS 646.402 is amended to read:
646.402. (1) A manufactured dwelling dealer who sells a
manufactured dwelling shall use a purchase agreement form that
complies with this section and rules adopted in accordance with
ORS 646.404.
(2) The purchase agreement shall include the base price and a
written itemization that clearly and conspicuously discloses the
retail prices of the following, if not included in the base
price:
(a) Manufactured dwelling options that are ordered by the
buyer.
(b) The amount of any refundable or nonrefundable
administrative or processing fees paid to or collected by the
dealer and the circumstances under which the fees may be returned
to the buyer.
(c) The amount of any earnest money paid and the circumstances
under which the earnest money may be returned to the buyer.
(d) Improvements provided by the dealer, or by a third party at
the request of the dealer, to the extent known to the dealer at
the time of sale. The written itemization of improvements under
this paragraph excuses the provider making the improvements from
compliance with ORS 90.518 (1).
(e) All loan fees and credit report fees paid to or collected
by the dealer to obtain financing for the buyer's purchase of the
manufactured dwelling and the circumstances under which the fees
may be returned to the buyer.
(f) Alterations and upgrades to the manufactured dwelling made
by the dealer or by a third party at the request of the dealer.
(g) Goods and services provided by the dealer, or by a third
party at the request of the dealer, that are not otherwise
disclosed pursuant to this section.
{ - (h) Registration and other charges for transferring title
to the manufactured dwelling. - }
{ + (h) Fees for the issuance or updating of an ownership
document. + }
(i) The extended warranty contract, if any.
(j) Delivery, installation or site access costs that are not
otherwise disclosed pursuant to this section, if any.
(3) The purchase agreement form must be accompanied by a list,
provided by the Department of Justice, of governmental consumer
protection agencies having jurisdiction over manufactured
dwelling issues.
(4) Failure of a manufactured dwelling dealer to use a purchase
agreement form that complies with this section and rules adopted
in accordance with ORS 646.404 is an unlawful practice under ORS
646.608.
(5) Except as provided in ORS 41.740, a purchase agreement is
considered to contain all of the terms of the contract between
the buyer and the manufactured dwelling dealer. No evidence of
the terms of the contract may be presented other than the
contents of the purchase agreement. As used in this subsection,
'contract ' does not include a retail installment contract or
loan agreement entered into as part of a purchase transaction.
SECTION 82. ORS 646.648 is amended to read:
646.648. (1) As used in this section:
(a) 'Buyer' means a person who buys or agrees to buy a
manufactured dwelling from a manufactured dwelling dealer.
(b) 'Cash sale price' means the price for which a manufactured
dwelling dealer would sell to a buyer, and the buyer would buy
from a dealer, a manufactured dwelling that is covered by a
purchase agreement, if the sale were a sale for cash instead of a
retail installment sale.
(c) 'Manufactured dwelling' has the meaning given that term in
ORS 446.003.
(d) 'Manufactured dwelling dealer' means a { - vehicle dealer
issued a certificate under ORS 822.020 who sells a manufactured
dwelling - } { + person licensed under section 28 or 29 of this
2003 Act + }.
(e) 'Retail installment sale' has the meaning given that term
in ORS 83.510.
(2) A manufactured dwelling dealer engages in an unlawful
practice when, in a sale of a manufactured dwelling, the dealer
does any of the following:
(a) Misrepresents to a buyer that, as a condition of financing,
the buyer must purchase:
(A) Credit life insurance;
(B) Credit disability insurance;
(C) Credit unemployment insurance;
(D) Credit property insurance;
(E) Health insurance;
(F) Life insurance; or
(G) An extended warranty.
(b) In close connection with the sale, misrepresents to a
lender:
(A) The cash sale price;
(B) The amount of the buyer's down payment; or
(C) The buyer's credit or employment history.
SECTION 83. ORS 646.877 is amended to read:
646.877. (1) As used in this section:
(a) 'Buyer' means the purchaser or lessee of a motor vehicle.
(b) 'Motor vehicle' means a motor vehicle, as defined in ORS
801.360, that is sold in this state for personal, family or
household purposes.
(c) 'Seller' means a holder of a current, valid vehicle dealer
certificate issued under ORS 822.020 or renewed under ORS
822.040. { - ' Seller' does not include a dealer engaged
primarily in the sale of manufactured homes. - }
(2) A seller may make an offer to sell a motor vehicle to a
buyer or prospective buyer that is subject to future acceptance
by a lender that may finance the transaction at the request of
the seller.
(3) In any transaction described in subsection (2) of this
section, if the seller has accepted a trade-in motor vehicle from
the buyer or prospective buyer, the seller shall not sell the
buyer's or prospective buyer's trade-in motor vehicle before the
seller has obtained from the lender written acceptance or
approval of the exact terms negotiated between the seller and the
buyer or prospective buyer.
(4) In any transaction described in subsection (2) of this
section, if no lender agrees to finance the transaction on the
exact terms negotiated between the seller and the buyer, the
seller shall return to the buyer all items of value received from
the buyer as part of the transaction.
(5) In any transaction described in subsection (2) of this
section, if the buyer has accepted a motor vehicle from the
seller, and no lender agrees to finance the transaction on the
exact terms negotiated between the seller and the buyer, the
buyer shall return to the seller all items of value received from
the seller as part of the transaction. The offer or contract to
sell the motor vehicle may provide in writing that the buyer is
liable to the seller for:
(a) The fair market value of damage to, excessive wear and tear
on or loss of the motor vehicle occurring between the date the
buyer takes possession of the motor vehicle and the date the
buyer returns the motor vehicle to the seller's custody; and
(b) A reasonable charge per mile for the use of the motor
vehicle occurring between the date the buyer takes possession of
the motor vehicle and the date the buyer returns the motor
vehicle to the seller's custody. The charge shall not exceed the
rate per mile allowed under federal law as a deduction for
federal income tax purposes for an ordinary and necessary
business expense.
SECTION 84. ORS 696.800 is amended to read:
696.800. As used in ORS 696.392, 696.600 to 696.785, 696.800 to
696.855 and 696.995, unless the context requires otherwise:
(1) 'Agent' means:
(a) A real estate broker or principal real estate broker who
has entered into:
(A) A listing agreement with a seller;
(B) A service contract with a buyer to represent the buyer; or
(C) A disclosed limited agency agreement; or
(b) A person licensed under ORS 696.022 who has entered into a
written contract with a real estate broker or principal real
estate broker to act as the broker's agent in connection with
acts requiring a real estate license and to function under the
broker's supervision.
(2) 'Buyer' means a potential transferee in a real property
transaction, and includes a person who:
(a) Executes an offer to purchase real property from a seller
through an agent; or
(b) Enters into an exclusive representation contract or buyer's
service agreement with a real estate broker or principal real
estate broker, whether or not a sale or transfer of property
results.
(3) 'Confidential information' means information communicated
to a real estate licensee or the licensee's agent by the buyer or
seller of one to four residential units regarding the real
property transaction, including but not limited to price, terms,
financial qualifications or motivation to buy or sell. '
Confidential information' does not mean information that:
(a) The buyer instructs the licensee or the licensee's agent to
disclose about the buyer to the seller or the seller instructs
the licensee or the licensee' agent to disclose about the seller
to the buyer; and
(b) The licensee or the licensee's agent knows or should know
failure to disclose would constitute fraudulent representation.
(4) 'Disclosed limited agency' means a real property
transaction in which the representation of a buyer and seller or
the representation of two buyers occurs within the same real
estate business.
(5) 'Listing agreement' means a contract between a seller of
real property and a real estate broker or principal real estate
broker by which the broker has been authorized to act as an agent
of the seller for compensation to offer the real property for
sale or to find and obtain a buyer.
(6) 'Listing price' means the amount expressed in dollars,
specified in the listing agreement, for which the seller is
willing to sell the real property through the listing agent.
(7) 'Offer' means a written proposal executed by a buyer for
the sale or lease of real property.
(8) 'Offering price' is the amount expressed in dollars
specified in an offer to purchase for which the buyer is willing
to buy the real property.
(9) 'Principal' means the person who has permitted or directed
an agent to act on the principal's behalf. In a real property
transaction, this generally means the buyer or the seller.
(10) 'Real property' means any estate in real property,
including a condominium as defined in ORS 100.005, a timeshare
property as defined in ORS 94.803 and the granting of an option
or right of first refusal. 'Real property' also includes a
{ - mobile home or manufactured dwelling - } { + manufactured
structure, as defined in section 8 of this 2003 Act, + } owned by
the same person who owns the land upon which the { - mobile or
manufactured home - } { + manufactured structure + } is
situated. 'Real property' does not include a leasehold in real
property.
(11) 'Real property transaction' means a transaction regarding
real property in which an agent is employed by one or more of the
principals to act in that transaction and includes but is not
limited to listing agreements, buyer's service agreements,
exclusive representation contracts and offers to purchase.
(12) 'Sale' or 'sold' refers to a transaction for the transfer
of real property from the seller to the buyer and includes:
(a) Exchanges of real property between the seller and the buyer
and third parties; and
(b) Land sales contracts.
(13) 'Seller' means a potential transferor in a real property
transaction and includes an owner:
(a) Who enters into a listing agreement with a real estate
broker or principal real estate broker, whether or not a transfer
results; or
(b) Who receives an offer to purchase real property, of which
the seller is the owner, from an agent acting on behalf of a
buyer.
SECTION 85. ORS 801.041 is amended to read:
801.041. The following apply to the authority granted to
counties by ORS 801.040 to establish registration fees for
vehicles:
(1) An ordinance establishing registration fees under this
section must be enacted by the county imposing the registration
fee and filed with the Department of Transportation. Any
ordinance establishing registration fees that is enacted by the
governing body of a county must be submitted to the electors of
the county for their approval. The governing body of the county
imposing the registration fee shall enter into an
intergovernmental agreement under ORS 190.010 with the department
by which the department shall collect the registration fees, pay
them over to the county and, if necessary, allow the credit or
credits described in ORS 803.445 (5). The intergovernmental
agreement { - shall - } { + must + } state the date on which
the department shall begin collecting registration fees for the
county.
(2) The authority granted by this section allows the
establishment of registration fees in addition to those described
in ORS 803.420. There is no authority under this section to
affect registration periods, qualifications, cards, plates,
requirements or any other provision relating to vehicle
registration under the vehicle code.
(3) Except as otherwise provided for in this subsection, when
registration fees are imposed under this section, they
{ - shall - } { + must + } be imposed on all vehicle classes.
Registration fees as provided under this section { - shall - }
{ + may + } not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
{ - (b) Manufactured structures. - }
{ - (c) - } { + (b) + } Fixed load vehicles.
{ - (d) - } { + (c) + } Vehicles registered under ORS
805.100 to disabled veterans.
{ - (e) - } { + (d) + } Vehicles registered as antique
vehicles under ORS 805.010.
{ - (f) - } { + (e) + } Vehicles registered as vehicles of
special interest under ORS 805.020.
{ - (g) - } { + (f) + } Government-owned or operated
vehicles registered under ORS 805.040 or 805.045.
{ - (h) - } { + (g) + } School buses or school activity
vehicles registered under ORS 805.050.
{ - (i) - } { + (h) + } Law enforcement undercover vehicles
registered under ORS 805.060.
{ - (j) - } { + (i) + } Vehicles registered on a
proportional basis for interstate operation.
{ - (k) - } { + (j) + } Vehicles with a registration weight
of 26,001 pounds or more described in ORS 803.420 (10) or (11).
{ - (L) - } { + (k) + } Vehicles registered as farm
vehicles under the provisions of ORS 805.300.
{ - (m) - } { + (L) + } Travel trailers, campers and motor
homes.
(4) Any registration fee imposed by a county { - shall - }
{ + must + } be a fixed amount not to exceed, with respect to
any vehicle class, the registration fee established under ORS
803.420 (1). For vehicles on which a flat fee is imposed under
ORS 803.420, the fee
{ - shall - } { + must + } be a whole dollar amount.
(5) Moneys from registration fees established under this
section { - shall - } { + must + } be paid to the county
establishing the registration fees as provided in ORS 802.110.
The county ordinance shall provide for payment of at least 40
percent of the money to cities within the county unless a
different distribution is agreed to between the county and the
cities within the jurisdiction of the county. The moneys shall be
used for any purpose for which moneys from registration fees may
be used.
(6) Two or more counties may act jointly to impose a
registration fee under this section. The ordinance of each county
acting jointly with another under this subsection { - shall - }
{ + must + } provide for the distribution of moneys collected
through a joint registration fee.
(7) Before the governing body of a county that overlaps a
district can impose a registration fee under this section, it
must enter into an intergovernmental agreement under ORS 190.010
with the governing bodies of that district and all counties,
other districts and cities with populations of over 300,000 that
overlap the district. The intergovernmental agreement must state
the registration fees and, if necessary, how the revenue from the
fees
{ - shall - } { + are to + } be apportioned among the
counties and the districts. Before the governing body of a county
can enter into such an intergovernmental agreement, the county
shall consult with the cities in its jurisdiction.
SECTION 86. ORS 801.042 is amended to read:
801.042. The following apply to the authority granted to a
district by ORS 801.040 to establish registration fees for
vehicles:
(1) Before the governing body of a district can impose a
registration fee under this section, it must submit the proposal
to the electors of the district for their approval and, if the
proposal is approved, enter into an intergovernmental agreement
under ORS 190.010 with the governing bodies of all counties,
other districts and cities with populations of over 300,000 that
overlap the district. The intergovernmental agreement must state
the registration fees and, if necessary, how the revenue from the
fees shall be apportioned among counties and the districts.
Before the governing body of a county can enter into such an
intergovernmental agreement, the county shall consult with the
cities in its jurisdiction.
(2) If a district raises revenues from a registration fee for
purposes related to highways, roads, streets and roadside rest
areas, the governing body of that district shall establish a
Regional Arterial Fund and shall deposit in the Regional Arterial
Fund all such registration fees.
(3) Interest received on moneys credited to the Regional
Arterial Fund shall accrue to and become a part of the Regional
Arterial Fund.
(4) The Regional Arterial Fund { - shall - } { + must + }
be administered by the governing body of the district referred to
in subsection (2) of this section and such governing body by
ordinance may disburse moneys in the Regional Arterial Fund.
Moneys within the Regional Arterial Fund may be disbursed only
for a program of projects recommended by a joint policy advisory
committee on transportation consisting of local officials and
state agency representatives designated by the district referred
to in subsection (2) of this section. The projects for which the
joint policy advisory committee on transportation can recommend
funding must concern arterials, collectors or other improvements
designated by the joint policy advisory committee on
transportation.
(5) Ordinances establishing registration fees under this
section must be filed with the Department of Transportation. The
governing body of the district imposing the registration fee
shall enter into an intergovernmental agreement under ORS 190.010
with the department by which the department shall collect the
registration fees, pay them over to the district and, if
necessary, allow the credit or credits described in ORS 803.445
(5). The intergovernmental agreement { - shall - } { +
must + } state the date on which the department shall begin
collecting registration fees for the district.
(6) The authority granted by this section allows the
establishment of registration fees in addition to those described
in ORS 803.420. There is no authority under this section to
affect registration periods, qualifications, cards, plates,
requirements or any other provision relating to vehicle
registration under the vehicle code.
(7) Except as otherwise provided for in this subsection, when
registration fees are imposed under this section, { - they
shall - } { + the fees must + } be imposed on all vehicle
classes. Registration fees as provided under this section
{ - shall - } { + may + } not be imposed on the following:
(a) Snowmobiles and Class I all-terrain vehicles.
{ - (b) Manufactured structures. - }
{ - (c) - } { + (b) + } Fixed load vehicles.
{ - (d) - } { + (c) + } Vehicles registered under ORS
805.100 to disabled veterans.
{ - (e) - } { + (d) + } Vehicles registered as antique
vehicles under ORS 805.010.
{ - (f) - } { + (e) + } Vehicles registered as vehicles of
special interest under ORS 805.020.
{ - (g) - } { + (f) + } Government-owned or operated
vehicles registered under ORS 805.040 or 805.045.
{ - (h) - } { + (g) + } School buses or school activity
vehicles registered under ORS 805.050.
{ - (i) - } { + (h) + } Law enforcement undercover vehicles
registered under ORS 805.060.
{ - (j) - } { + (i) + } Vehicles registered on a
proportional basis for interstate operation.
{ - (k) - } { + (j) + } Vehicles with a registration weight
of 26,001 pounds or more described in ORS 803.420 (10) or (11).
{ - (L) - } { + (k) + } Vehicles registered as farm
vehicles under the provisions of ORS 805.300.
{ - (m) - } { + (L) + } Travel trailers, campers and motor
homes.
(8) Any registration fee imposed by the governing body of a
district { - shall - } { + must + } be a fixed amount not to
exceed, with respect to any vehicle class, the registration fee
established under ORS 803.420 (1). For vehicles on which a flat
fee is imposed under ORS 803.420, the fee { - shall - } { +
must + } be a whole dollar amount.
SECTION 87. ORS 801.285 is amended to read:
801.285. 'Fixed load vehicle' means all of the following apply
to the vehicle:
(1) It is a vehicle with or without motive power that is
designed and used primarily:
(a) To support and move a permanent load in the form of
equipment or appliances constructed as part of or permanently
attached to the body of the vehicle;
(b) For transportation of equipment or appliances that are
ordinarily kept on or in the vehicle in order that the vehicle
may be used for its primary purpose; and
(c) Except for the transportation of permanent load, appliances
and equipment described in paragraphs (a) and (b) of this
subsection, for purposes other than for the transportation of
persons or property over public highways or streets.
(2) It is a vehicle other than the following:
{ - (a) A manufactured structure. - }
{ - (b) - } { + (a) + } A travel trailer.
{ - (c) - } { + (b) + } A tow vehicle, including a tow
vehicle with cranes, hoists or dollies.
{ - (d) - } { + (c) + } A truck-mounted transit mixer.
{ - (e) - } { + (d) + } A self-propelled mobile crane.
(3) It is a vehicle that may include, but is not limited to,
the following vehicles:
(a) Air compressors, air drills, asphalt plants, asphalt
spreaders, bituminous plants, bituminous mixers, bituminous
spreaders and bucket loaders;
(b) Cement batch plants, cement mixers other than transit mix,
cement spreaders, carryalls, crawler cranes, crushers and
crushing plants, diggers and ditchers, power units and plants;
(c) Earthmoving scrapers, electric generating equipment,
electric load-bank and wiring equipment, front-end loaders,
leveling graders, lighting plants and portable wiring, motor
graders, payloaders, power hoists, road graders, scoopmobiles,
skip hoists, stackers and hoists;
(d) Athey wheels, back hoes, bituminous and cement pavement
finishers, drag lines, fork lift trucks, log loaders, mixmobiles,
portable bins, portable parts and storage bins, portable shops,
portable storage tanks, power shovels, road rollers, sheepsfoot
rollers and paving mixers, towermobiles, welders, yarders;
(e) Bituminous and cement finishing machines, elevator
equipment, scarifiers and rooters, traction engines, vibro
screens and rotary screens, wheeled and crawler tractors other
than truck tractors; and
(f) Apron feeders, grain grinders, grain rollers, sand
classifiers and drags, sawmills and special construction
equipment, scrap metal bailers, scrubber screens and plate
feeders.
SECTION 88. ORS 801.310 is amended to read:
801.310. 'Implement of husbandry' means a vehicle or device
used exclusively in agricultural operations. Truck trailers with
a loaded weight of more than 8,000 pounds, motor vehicles, bus
trailers, manufactured { - structures - } { + dwellings + },
prefabricated structures { + and recreational vehicles greater
than eight and one-half feet in width + } and travel trailers are
not implements of husbandry unless limited by design to
agricultural uses.
SECTION 89. ORS 801.333 is amended to read:
801.333. { - (1) - } 'Manufactured structure'
{ - means: - } { + has the meaning given that term in section
8 of this 2003 Act. + }
{ - (a) A manufactured dwelling that is more than eight and
one-half feet wide; - }
{ - (b) A prefabricated structure that is more than eight and
one-half feet wide; and - }
{ - (c) A recreational vehicle that is more than eight and
one-half feet wide. - }
{ - (2) 'Manufactured structure' does not include any special
use trailer. - }
SECTION 90. ORS 801.397 is amended to read:
801.397. 'Prefabricated structure' { - means a building or
subassembly that is relocatable and that has been in whole or in
substantial part manufactured or assembled using closed
construction at an off-site location to be wholly or partially
assembled on-site. 'Prefabricated structure' does not include a
manufactured dwelling or recreational vehicle. - } { + has the
meaning given that term in ORS 455.010. + }
SECTION 91. ORS 801.526 is amended to read:
801.526. 'Title' means an ownership interest in a vehicle that
is evidenced by a record of the Department of Transportation or
of some other jurisdiction. The record may be in the form of a
certificate of title or it may be in another form, including but
not necessarily limited to electronic or machine-readable form.
Oregon issues titles under ORS 803.045. Titles for snowmobiles
are issued as provided under ORS 821.060. { - Titles for
manufactured structures are issued as provided under ORS
820.500. - } Salvage titles are issued as provided in ORS
803.140.
SECTION 92. ORS 801.560 is amended to read:
801.560. 'Trailer' means every vehicle without motive power
designed to be drawn by another vehicle. Trailer includes, but is
not limited to, the following types of trailers:
(1) Balance trailers.
(2) Bus trailers.
(3) Commercial bus trailers.
(4) Farm trailers.
{ - (5) Manufactured structures. - }
{ - (6) - } { + (5) + } Pole trailers.
{ - (7) - } { + (6) + } Semitrailers.
{ - (8) - } { + (7) + } Travel trailers.
{ - (9) - } { + (8) + } Truck trailers.
{ - (10) - } { + (9) + } Self-supporting trailers.
{ - (11) - } { + (10) + } Special use trailers.
SECTION 93. ORS 801.565 is amended to read:
801.565. 'Travel trailer' means:
{ - (1) A manufactured dwelling that is eight and one-half
feet or less in width and is not being used for commercial or
business purposes; - }
{ - (2) - } { + (1) + } A recreational vehicle without
motive power that is eight and one-half feet or less in width and
is not being used for commercial or business purposes; and
{ - (3) - } { + (2) + } A prefabricated structure that is
eight and one-half feet or less in width and that is not being
used for commercial or business purposes.
SECTION 94. ORS 801.590 is amended to read:
801.590. 'Vehicle' means any device in, upon or by which any
person or property is or may be transported or drawn upon a
public highway and includes vehicles that are propelled or
powered by any means. { + 'Vehicle' does not include a
manufactured structure. + }
SECTION 95. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses heretofore and hereafter incurred in
administering programs established under ORS 366.157.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
{ - (e) The department shall pay its expenses for collecting
title, registration, exemption and trip permit fees for
manufactured structures and for the performance of its duties
required under ORS 820.500 to 820.580 from the fees collected for
such purposes. Except as provided in ORS 366.512, moneys from the
described fees that remain after payment of the department's
expenses shall be transferred to the State Highway Fund to be
used for the same purpose as any tax or excise levied on the
ownership, operation or use of a motor vehicle. - }
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Any remaining moneys shall, upon approval by the Winter
Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefor by any means other than the exercise of eminent
domain. Moneys received under ORS 802.120 may also be used for
the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,
821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 96. ORS 802.175 is amended to read:
802.175. As used in ORS 802.175 to 802.191:
(1) 'Motor vehicle record' means any record that pertains to a
grant of driving privileges, an identification card issued by the
Department of Transportation, a vehicle title or a vehicle
registration. { - ' Motor vehicle record' does not mean a
record pertaining to a manufactured structure. - }
(2) 'Person' means an individual, an organization or an entity,
but does not include the State of Oregon or any agency thereof.
(3) 'Personal information' means the following information that
identifies an individual:
(a) Driver license, driver permit or identification card
number;
(b) Name;
(c) Address (excluding five-digit zip code); and
(d) Telephone number.
SECTION 97. ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed even
if ORS 803.015 requires that the title does not indicate that the
vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
{ - (6) The department shall maintain records on each
manufactured structure. The records required under this
subsection shall contain all of the following: - }
{ - (a) The permanent registration plate number required
under ORS 803.520. - }
{ - (b) All transfers of ownership occurring after January 1,
1972. - }
{ - (c) All movements indicated by trip permits filed with
the department. - }
{ - (d) Information on manufactured structures subject to an
exemption under ORS 820.510 that the department determines
necessary. - }
{ - (7) - } { + (6) + } The department shall maintain a
record of each agreement or declaration under ORS 802.500 and
802.520.
{ - (8) - } { + (7) + } The department shall maintain
separate and comprehensive records of all transactions affecting
the Revolving Account for Emergency Cash Advances described under
ORS 802.100.
{ - (9) - } { + (8) + } The department shall maintain
suitable records of driver licenses and driver permits. The
records required under this subsection shall include all of the
following:
(a) An index by name and number.
(b) Supporting documentation of all licenses or driver permits
issued.
(c) Every application for a driver license or driver permit.
(d) All licenses or driver permits that have been suspended or
revoked.
(e) For each commercial driver license, the social security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
{ - (10) - } { + (9) + } The department shall maintain a
two-part driving record consisting of an employment driving
record and a nonemployment driving record for each person as
required under this subsection. All of the following apply to the
records required under this subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410. Notwithstanding any other provision of law,
release of the portion of the employment driving record that
shows drug test results reported under ORS 825.410 is permitted
only in accordance with ORS 802.202. The employment driving
record shall also include all motor vehicle accidents in which
the person is involved, all suspensions of driving privileges
required to be placed on the record under ORS 809.280, all
suspensions of the person's commercial driver license that result
from operation or use of a commercial motor vehicle and all
convictions of the person for violation of motor vehicle laws
except convictions for offenses requiring mandatory revocation or
suspension of driving privileges under ORS 809.410 and 813.400,
but shall include only such accidents, suspensions and
convictions that occur while the person is driving a motor
vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents;
(B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100, 811.110, 811.112 or 811.115,
the speed at which the person was convicted of traveling and the
posted or designated speed; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding 10 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license or permit issued by this state, the department
shall request a copy of the person's driving record from the
other jurisdiction. At the time the person is issued a license in
Oregon, the record from the other jurisdiction shall become part
of the driver's record in this state with the same force and
effect as though entered on the driver's record in this state in
the original instance. The department by rule may specify methods
for converting entries from out-of-state records for use in
Oregon.
(f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
(g) The department, in consultation with the Department of
State Police, shall devise and implement a method of noting
suspensions and revocations of driving privileges on the record
in such a way that police agencies can determine directly from
the record what class of offense, as provided by law, is
committed by a person who drives in violation of the suspension
or revocation. If the department and the Department of State
Police devise a mutually agreeable alternative method of
informing police agencies of the nature of a suspension or
revocation and the consequences of its violation, the
implementation of that method shall satisfy the duty of the
department under this paragraph.
{ - (11) - } { + (10) + } The Department of Transportation
shall maintain records of judgments or convictions sent to the
department under ORS 810.375.
{ - (12) - } { + (11) + } The department shall maintain
accident reports filed with the department under ORS 810.460 and
811.725 to 811.735.
{ - (13) - } { + (12) + } The department shall maintain
records of bank checks or money orders returned under ORS
802.110.
{ - (14) - } { + (13) + } The department shall maintain
records of trip permits issued by the department under ORS
803.600, as provided under this subsection. The records required
by this subsection shall include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
{ + (14) The department shall maintain records of trip
permits for manufactured structures issued by county assessors
under section 22 of this 2003 Act. + }
SECTION 98. ORS 802.240 is amended to read:
802.240. (1) In all actions, suits or criminal proceedings when
the title to, or right of possession of, any vehicle is involved,
the record of title, as it appears in the files and records of
the Department of Transportation, is prima facie evidence of
ownership or right to possession of the vehicle. As used in this
section, the record of title does not include records of salvage
titles unless the record itself is the salvage title. Proof of
the ownership or right to possession of a vehicle shall be made
by means of any of the following methods:
(a) The original certificate of title as provided under ORS
803.010.
(b) A copy, certified by the department, of the title record of
the vehicle as the record appears in the files and records of the
department.
(2) Extrinsic evidence of authenticity is not required as a
condition precedent to the admission of a copy of a document
relating to the privilege of any person to drive a motor vehicle
authorized by law to be filed and actually filed in the records
of the department if the copy bears a seal purporting to be that
of the department and is certified as a true copy by original or
facsimile signature of a person purporting to be an officer or
employee of the department. This subsection applies to copies of
a data compilation in any form. Copies of documents certified in
accordance with this subsection constitute prima facie evidence
of the existence of the facts stated therein.
(3) A certified copy of a person's driving record, as
maintained by the department:
(a) May be admitted as evidence in any hearing or proceeding
under ORS 813.200 to 813.270.
(b) Is prima facie evidence that the person named therein was
duly convicted of each offense shown by the record.
(c) Is prima facie evidence that the person named therein is
participating in or has participated in a driving under the
influence of intoxicants diversion program or in any similar
alcohol or drug rehabilitation program in this state or in any
other jurisdiction if the record shows that the person has
participated in such a program.
(4) Records and actions described in this subsection shall not
be referred to in any way or admitted into evidence or be any
evidence of the negligence or due care of any party at the trial
of any action at law to recover damages. This subsection applies
to all of the following:
(a) The report required following an accident.
(b) Any action taken by the department to revoke or suspend a
driver license or driver permit or taken by the department under
the financial responsibility requirements of the vehicle code or
the findings, if any, of the department upon which such action of
the department is based.
(c) Any deposit of security required under the financial
responsibility requirements of the vehicle code.
(5) Except as provided in this subsection, the accident reports
filed with the department under ORS 811.725, 811.730 or 811.735
shall be without prejudice to the individual filing the report
and no such report shall be used as evidence in any trial, civil
or criminal, arising out of an accident. The following uses are
allowable under this subsection:
(a) The certificate issued by the department under ORS 802.220
to show whether or not an accident report has been made to the
department shall be used solely to prove a compliance or failure
to comply with the requirements that the accident report be made
to the department.
(b) An accident report submitted under ORS 811.725 or 811.735
may be used in an administrative hearing or an appeal from such
hearing to support any suspension of driving privileges for:
(A) Failure to make reports required under ORS 811.725 or
811.735.
(B) Failure to comply with financial responsibility
requirements or failure to comply with future responsibility
filings.
(6) A photocopy, facsimile copy, digital or electronic copy of
an application for perfection of a security interest by notation
on a title under ORS 803.097 { - or 820.591 - } that is
certified by the department is proof of the date of perfection of
the security interest unless the date is invalid as provided
under ORS 803.097.
SECTION 99. ORS 803.030 is amended to read:
803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
(1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
{ - (3) Manufactured structures are subject to ORS 803.025 as
provided under ORS 820.500 and 820.530. - }
{ - (4) - } { + (3) + } Snowmobiles, Class I all-terrain
vehicles and Class III all-terrain vehicles are not subject to
the requirements under ORS 803.025. The requirements and
procedures for titling snowmobiles are as provided under ORS
821.060 and 821.070.
{ - (5) - } { + (4) + } Road rollers, farm tractors and
traction engines are exempt from the requirements for title.
{ - (6) - } { + (5) + } Trolleys are exempt from the
requirements for title.
{ - (7) - } { + (6) + } Bicycles are exempt from the
requirements for title.
{ - (8) - } { + (7) + } United States Government owned and
operated motor vehicles and trailers are exempt from the
requirements for title.
{ - (9) - } { + (8) + } Implements of husbandry, well
drilling machinery, emergency fire apparatus providing public
fire protection and invalid chairs are exempt from the
requirements for title.
{ - (10) - } { + (9) + } Fixed load vehicles are exempt
from the requirements for title while operated within the
immediate construction project, as described in the governmental
agency contract, in the construction or reconstruction of state
or county roads, highways or city streets.
{ - (11) - } { + (10) + } Motor vehicles designed to
operate at a loaded weight over 8,000 pounds, trailers and
equipment are exempt from requirements for title while:
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the federal government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
{ - (12) - } { + (11) + } Farm trailers are exempt from
requirements for title when the operation or movement of the
vehicle upon the highways is incidental to its use in an
agricultural operation.
{ - (13) - } { + (12) + } Golf carts operated under an
ordinance adopted under ORS 810.070 are exempt from requirements
for title.
{ - (14) - } { + (13) + } Golf carts or similar vehicles
are exempt from requirements for title when:
(a) They have not less than three wheels in contact with the
ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than
15 miles per hour; and
(d) They are operated by disabled persons.
{ - (15) - } { + (14) + } The nonresident owners of
vehicles currently registered and titled in any other country,
state or territory may operate such vehicles over the highways of
this state without complying with the titling requirements under
ORS 803.025. All of the following apply to this subsection:
(a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
{ - (16) - } { + (15) + } Vehicle dealers issued
certificates under ORS 822.020 may use and operate untitled
vehicles as provided under ORS 822.040.
{ - (17) - } { + (16) + } Towing businesses issued
certificates under ORS 822.205 may tow untitled vehicles as
provided under ORS 822.210.
{ - (18) - } { + (17) + } Vehicle transporters issued
certificates under ORS 822.310 may transport untitled vehicles as
provided in ORS 822.310.
{ - (19) - } { + (18) + } Untitled vehicles may be operated
under trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
{ - (20) - } { + (19) + } Vehicles that are registered by
the United States Department of State and that are owned or
operated by foreign nationals with diplomatic immunity are exempt
from the requirements for title.
{ - (21)(a) - } { + (20)(a) + } Vehicles that are
registered under the proportional registration provisions of ORS
chapter 826 and are titled in a jurisdiction other than Oregon
are exempt from the requirements for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
{ - (22) - } { + (21) + } Converter dollies and tow dollies
are exempt from the requirements for title.
SECTION 100. ORS 803.045 is amended to read:
803.045. This section establishes qualifications for issuance
of title for a vehicle. The Department of Transportation shall
not issue title under this section unless the person meets the
qualifications of this section. The department shall issue title
for a vehicle to a person if the person meets all of the
following qualifications:
(1) The person shall satisfy the department that the person is
the owner of the vehicle and is otherwise entitled to have title
issued in the person's name.
(2) Except as otherwise provided in ORS 803.050 (2) { - or
820.587 (5) - } , the person shall complete an application for
title described in ORS 803.050.
(3) The person shall pay the fee for issuance of a certificate
of title under ORS 803.090 or the fee for issuance of title in
another form, as established by the department by rule in
accordance with ORS 803.012.
(4) If the vehicle is a reconstructed vehicle or an assembled
vehicle, the person shall provide the following information in
addition to any other information required under this section:
(a) The certificate of title last issued for the frame of the
vehicle, a salvage title certificate issued for the vehicle or
other evidence of ownership satisfactory to the department.
(b) Bills of sale for major components used to build the
vehicle.
(5) If the vehicle is covered by an Oregon title or salvage
title certificate, { - except as provided in ORS 820.587
(5), - } the applicant shall surrender the Oregon title or
salvage title certificate, submit an application as provided
under ORS 803.065 or submit other evidence of ownership
satisfactory to the department.
(6) Unless the department adopts rules to the contrary, if the
vehicle is from another jurisdiction, the applicant shall
surrender to the department with the application the certificate
of title issued by the other jurisdiction, if such jurisdiction
requires certificates of title. If such jurisdiction does not
require certificates of title, then the applicant shall surrender
the registration cards.
(7) No title shall be issued by the department for a vehicle
required by ORS 803.210 to be inspected unless the vehicle has
been inspected as described in ORS 803.212 and the inspection fee
paid under ORS 803.215.
(8) If required by the department, the person shall submit
proof as described under ORS 803.205 for the purposes of
establishing ownership.
(9) If the department has reason to believe a vehicle was not
certified by the original manufacturer as conforming to federal
vehicle standards, the department may require the applicant to
provide the department with proof the department determines
appropriate to establish to the satisfaction of the department
that the vehicle conforms to federal vehicle standards.
(10) Unless the vehicle is exempted from odometer disclosure
requirements, the applicant shall submit an appropriate odometer
disclosure form. The department shall determine what constitutes
an appropriate form in any particular situation. The department
may make exceptions by rule to the requirement for submission of
an odometer disclosure form.
SECTION 101. ORS 803.090 is amended to read:
803.090. The following fees are the fees for the transaction
described:
(1) The transfer fee under ORS 803.092:
(a) For a salvage title, $17.
(b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(c) For vehicles not described in paragraph (b) of this
subsection, $30.
(2) The fee for issuance of a certificate of title under ORS
803.045 { - or 820.591 - } :
(a) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(b) For vehicles not described in paragraph (a) of this
subsection, $30.
(3) The fee for issuance of a salvage title certificate under
ORS 803.140, $17.
(4) The fee for issuance of a duplicate or replacement
certificate of title under ORS 803.065 { - or 820.591 - } :
(a) For a duplicate or replacement salvage title certificate,
$17.
(b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(c) For a vehicle not described in paragraph (b) of this
subsection, $30.
(5) The fee under subsection (4) of this section must be paid
at the same time as a transfer fee under this section if
application is made at the same time as application for transfer.
(6) The fee for issuance of a new certificate of title under
ORS 803.220 indicating a change of name or address:
(a) For a new salvage title certificate, $17.
(b) For a trailer over 8,000 pounds, a motor vehicle with a
gross vehicle weight rating of 26,000 pounds or more or a truck
tractor, $90.
(c) For a vehicle not described in paragraph (b) of this
subsection, $30.
(7) The fee for late presentation of certificate of title under
ORS 803.105, $25 from the 31st day after the transfer through the
60th day after the transfer and $50 thereafter.
(8) The fees for title transactions involving a form of title
other than a certificate shall be the amounts established by the
Department of Transportation by rule under ORS 803.012.
SECTION 102. ORS 803.092 is amended to read:
803.092. (1) Except as otherwise provided in this section, upon
the transfer of any interest in a vehicle covered by an Oregon
title the transferee shall submit an application for title to the
Department of Transportation. Such application shall be submitted
to the department within 30 days of the date of transfer of
interest.
(2) Notwithstanding subsection (1) of this section, application
is not required under this section when:
(a) The change involves only a change in the security interest
where the security interest holder or lessor is a financial
institution, a financial holding company or a bank holding
company, as those terms are defined in ORS 706.008, a licensee
under ORS chapter 725, or any subsidiary or affiliate of any of
the foregoing and the transfer of the interest of the security
interest holder or lessor:
(A) Results from the merger, conversion, reorganization,
consolidation or acquisition of the security interest holder or
lessor;
(B) Is to an entity that is a member of the same affiliated
group as the security holder or lessor; or
(C) Is made in connection with a transfer in bulk.
(b) The vehicle is transferred to a vehicle dealer and the
vehicle will become part of the dealer's inventory for resale.
Upon the transfer of a vehicle to a dealer, however, the dealer
shall immediately notify the department of such transfer. This
exemption from the requirement to apply for title does not apply
if the department determines that application for title is
necessary in order to comply with odometer disclosure
requirements. If the department determines that application for
title is not required, it may require filing of documents under
ORS 803.126.
(c) The vehicle is to be titled in another jurisdiction.
(d) The vehicle has been totaled, wrecked, dismantled,
disassembled, substantially altered or destroyed, in which case
the provisions of ORS 819.010, 819.012, 819.014 or 822.135
relating to notice and surrender of title documents shall be
complied with.
(e) The transfer involves the creation or termination of a
leasehold interest in a vehicle that is proportionally registered
under ORS 826.009 or 826.011, if the department is furnished with
satisfactory proof of the lease.
(3) Except as provided in subsection (2) of this section, the
transferee shall:
(a) Submit an application that meets requirements for title
under ORS 803.045 and 803.050 and any applicable rules of the
department.
(b) Submit the title transfer fees as required under ORS
803.090.
(c) Comply with the provisions of ORS 803.065 and any
applicable rules of the department under that statute and submit
the duplicate or replacement title fee as provided under ORS
803.090, if the transfer includes an application for duplicate or
replacement title and transfer of title.
(d) Submit an odometer disclosure containing information
required by the department for the kind of transaction involved.
(e) Submit any late presentation of certificate of title fee as
provided under ORS 803.090 if such fee is required under ORS
803.105.
{ - (4) Notwithstanding subsections (1) and (3) of this
section, if the vehicle is a manufactured structure, an
application may be submitted under this section or as allowed by
ORS 820.587 (5). - }
{ - (5) - } { + (4) + } For purposes of this section:
(a) 'Affiliated group' has the meaning given to the term in
section 1504(a) of the Internal Revenue Code of 1986, as amended
(26 U.S.C. 1504(a)).
(b) A 'transfer in bulk' is:
(A) The sale or assignment of, the grant of a security interest
in, or any other transfer of either a group of loans secured by
vehicles, leases of vehicles or both or a participation or other
interest in the group of loans;
(B) The creation of asset-backed securities or other securing
of assets involving the loans or leases; or
(C) Any similar transaction involving the loans or leases.
SECTION 103. ORS 803.094 is amended to read:
803.094. (1) Except as otherwise provided in this section, upon
the transfer of any interest shown on an Oregon title any person
whose interest is released, terminated, assigned or transferred,
shall release or assign that interest in a manner specified by
the Department of Transportation by rule. Rules adopted for
purposes of this subsection shall be designed, as much as
possible, to protect the interests of all parties to the
transfer. If required under ORS 803.102, the person shall also
complete an odometer disclosure statement.
(2) Notwithstanding subsection (1) of this section:
(a) In the case of a transfer by operation of law of any
interest shown on an Oregon title, the personal representative,
receiver, trustee, sheriff or other representative or successor
in interest of the person whose interest is transferred shall
release or assign interest and if required by the department by
rule, as provided under ORS 803.102, complete an odometer
disclosure statement and shall provide the certificate, if any,
and disclosure statement if required to the transferee. The
representative or successor shall also provide the transferee
with information satisfactory to the department concerning all
facts entitling such representative or successor to transfer
title. If there is no person to assign interest, the person to
whom interest is awarded or otherwise transferred shall be
responsible for the requirements of this paragraph.
(b) In the case of a transfer at death of the interest of the
owner, lessor or security interest holder if the estate is not
being probated and title is not being transferred under the
provisions of ORS 114.545, interest may be assigned through the
use of an affidavit. The affidavit shall be on a form prescribed
by the department and signed by all of the known heirs of the
person whose interest is being transferred stating the name of
the person to whom the ownership interest has been passed. If any
heir has not arrived at the age of majority or is otherwise
incapacitated, the parent or guardian of the heir shall sign the
affidavit. In the case of a transfer under this paragraph, one of
the heirs or any other person designated by the department by
rule shall complete any odometer disclosure statement required
under ORS 803.102.
(c) In the case of a transfer at death of the interest of the
owner, lessor or security interest holder where transfer occurs
under the provisions of ORS 114.545, the 'affiant' as defined in
ORS 114.505 is the person required to assign interest. The
department may designate by rule the affiant or any other person
to complete any odometer disclosure statement required under ORS
803.102.
(d) Upon the termination of a lease, in lieu of the lessee
releasing interest, the lessor may provide information
satisfactory to the department that the lease has been
terminated. The lessor shall provide an odometer disclosure
statement if required under ORS 803.102. If the lessor does not
take possession of the vehicle upon termination of the lease, the
information in the odometer disclosure given by the lessor may be
taken from an odometer disclosure given by the lessee to the
lessor under ORS 803.102 unless the lessor has reason to believe
that the disclosure by the lessee does not reflect the actual
mileage of the vehicle.
(e) A security interest holder or lessor, without the consent
of the owner, may assign interest of the holder or lessor in a
vehicle to a person other than the owner without affecting the
interest of the owner or the validity or priority of the
interest. A person not given notice of such assignment is
protected in dealing with the security interest holder or lessor
as the holder of the interest until the assignee files in
accordance with ORS chapter 79. This paragraph does not exempt
such assignments from title transfer requirements.
{ - (f) If an interest in a manufactured structure is
transferred pursuant to an application under ORS 820.587 (5), the
recital by the escrow company that no written objections were
received constitutes the release or transfer of interest by the
person whose interest is released, terminated, assigned or
transferred. - }
(3) Nothing in this section requires the release or assignment
of title upon the creation or termination of a leasehold interest
for a vehicle that is proportionally registered under ORS 826.009
or 826.011 if the department is furnished with satisfactory proof
of the lease for such vehicle.
(4) The department by rule may allow odometer disclosure
statements to be on a form other than the certificate of title.
(5) Persons subject to the provisions of this section shall
provide to the transferee a title certificate, if one has been
issued and is in their possession, the release or assignment of
interest, and any required odometer disclosure statement. If an
odometer disclosure statement is required, the transferee shall
provide a signed disclosure to the transferor in a form
determined by the department by rule.
SECTION 104. ORS 803.097 is amended to read:
803.097. (1) Except as provided in subsection (5) of this
section, the exclusive means for perfecting a security interest
in a vehicle is by application for notation of the security
interest on the title in accordance with this section { - or
ORS 820.587 (5) - } . The application may accompany the
application for a title or may be made separately at any time
prior to issuance of title and must be accompanied by evidence of
ownership as defined by the Department of Transportation by rule
{ - or information required under ORS 820.587 (5) - } unless
the department is in possession of evidence of ownership when it
receives the application. If title to the vehicle has been issued
in a form other than a certificate, and the title reflects a
security interest, the application for perfection shall include
authorization from the previous security interest holder for the
new security interest to be recorded on the title. Authorization
under this subsection is not required if:
(a) A release of interest is submitted by the prior security
interest holder or the department is otherwise satisfied that the
prior holder no longer holds an interest or is otherwise not
entitled to title to the vehicle;
(b) The security interest is being added to the title in
conjunction with the cancellation of previous title or other
action the department takes to correct ownership information
reflected on a title; or
(c) Title is being transferred by operation of law.
(2) When the department processes an application for a security
interest the department shall mark on the application or
otherwise indicate on the record the date the application was
first received by the department. The department shall determine
by rule what constitutes receipt of an application for purposes
of this subsection.
(3) If the department has the evidence required by subsection
(1) of this section and if the application contains the name of
each owner of the vehicle, the name and address of the secured
party and the vehicle identification number of the collateral,
the security interest is perfected as of the date marked on the
application or indicated in the record by the department. If the
application does not contain the information required by this
subsection, or if the department does not have the required
evidence, the department shall indicate on the application or on
the record that the date placed on the application or the record
pursuant to subsection (2) of this section is not the date of
perfection of the security interest.
(4) { - Except as provided in ORS 820.591 (2), - } The
security interest remains effective until released or terminated
by the secured party.
(5) A security interest in a vehicle may not be perfected as
described under this section but is subject to the perfection
provisions under ORS chapter 79 if the debtor who granted the
security interest is in the business of selling vehicles and the
vehicle constitutes inventory held for sale or lease.
SECTION 105. ORS 803.100 is amended to read:
803.100. (1) Except as provided in subsection (2) of this
section, { - and subject to ORS 820.510, - } the rights and
remedies of all persons in vehicles subject to security interests
established under ORS 803.097 { - or 820.591 shall be - } { +
are + } determined by the provisions of the Uniform Commercial
Code.
(2)(a) If perfection of a security interest in a vehicle { - ,
including a manufactured structure or a manufactured
dwelling, - } occurs on or before 20 days after attachment of the
security interest, the secured party takes priority over the
rights of a transferee in bulk or a lien creditor that arise
between the time the secured party's interest attaches and the
time of perfection of the security interest.
(b) This subsection applies to any security interest in a
vehicle that is not a purchase money security interest.
SECTION 106. ORS 803.205 is amended to read:
803.205. (1) The Department of Transportation may require proof
under this section if the department determines the proof is
necessary to resolve questions concerning vehicle ownership or
undisclosed security interests in the transfer of any vehicle
under ORS 803.092, in an application for issuance of title under
ORS 803.045 { - or 820.591 - } or in an application for
registration of a vehicle under ORS 803.350.
(2) Under this section, the department may require any proof
sufficient to satisfy the department concerning the questions
about the ownership of the vehicle or security interests in the
vehicle. The proof required by the department may include, but is
not limited to, completion of an affidavit that:
(a) Is in a form required by the department by rule;
(b) Contains any information the department requires by rule as
necessary to establish ownership of the vehicle or to determine
any security interests in the vehicle; and
(c) Is verified by the person making the affidavit.
(3) The department is not liable to any person for issuing
title or registering a vehicle based on proof provided under this
section.
(4) Nothing in this section affects any power of the department
to refuse to issue or to revoke title or registration.
SECTION 107. ORS 803.210 is amended to read:
803.210. (1) The Department of Transportation shall not issue
title for a vehicle described in subsection (2) of this section
unless:
(a) An inspection of the vehicle identification number or
numbers of the vehicle is performed in accordance with ORS
803.212; and
(b) The fee established under ORS 803.215 is paid to the
department for the inspection.
(2) Except as provided in { - subsections (3) and (4) - }
{ + subsection (3) + } of this section, the requirements of this
section apply to all of the following:
(a) A vehicle from another jurisdiction.
(b) Any assembled or reconstructed vehicle.
(c) Any vehicle if the certificate of title has been or is
required to be submitted to the department, or a person is
required to report to the department, under ORS 819.010, 819.012,
819.014 or 819.030.
(d) Any vehicle if the department has received notice that the
vehicle has been or will be wrecked, dismantled, disassembled or
substantially altered under ORS 819.010 or 822.135.
(e) Replicas.
(f) Any vehicle the department has reason to believe was not
certified by the original manufacturer as conforming to federal
vehicle standards.
{ - (3) The requirements of this section do not apply to
manufactured structures. - }
{ - (4) - } { + (3) + } The requirements of this section do
not apply to the following vehicles if the person shown as the
owner on an out-of-state title for the vehicle applies for an
Oregon title in that person's name:
(a) A rental truck, rental truck tractor or rental trailer that
is registered in Oregon under an interstate agreement that
provides that a portion of the owner's fleet is to be registered
in each state in which the fleet operates.
(b) A trailer or semitrailer that has permanent registration.
SECTION 108. ORS 803.217 is amended to read:
803.217. The Department of Transportation shall adopt rules to
provide for the transference of a certificate of title and
registration for titled vehicles { - , - } { + and + }
recreational vehicles { - and manufactured dwellings - } that
are abandoned by a tenant as defined in ORS 90.100.
SECTION 109. ORS 803.305 is amended to read:
803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
(1) Road rollers, farm tractors, trolleys and traction engines
are exempt from registration.
(2) Bicycles are exempt from registration.
(3) A vehicle is exempt from registration if it has
registration issued for the vehicle by the Armed Forces of the
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
(4) A vehicle is exempt from registration if it is not operated
on the highways of this state. { - No manufactured structure is
exempt by this subsection. This subsection does not affect any
exemption established under ORS 820.510. - }
(5) A trailer is exempt from registration if it is equipped
with pneumatic tires made of elastic material and is not operated
in this state with a loaded weight of more than 1,800 pounds.
{ - No - } { + A + } trailer for hire, travel trailer
{ - , - } { + or + } camper { - or manufactured
structure - } is { + not + } exempt by this subsection.
(6) Vehicles owned and operated by the United States Government
are exempt from registration.
(7) Snowmobiles are subject to the requirements for
registration provided under ORS 821.080 to 821.110.
{ - (8) Manufactured structures are subject to ORS 803.300 as
provided under ORS 820.500, 820.510 and 820.530. - }
{ - (9) - } { + (8) + } Implements of husbandry, well
drilling machinery, emergency fire apparatus providing public
fire protection and invalid chairs are exempt from registration.
{ - (10) - } { + (9) + } Farm tractors and farm trailers on
highways are exempt from registration when the operation of the
vehicle upon the highway is incidental to its use in an
agricultural operation.
{ - (11) - } { + (10) + } Fixed load vehicles are exempt
from registration while the vehicles are operated:
(a) In the construction or reconstruction of state or county
roads, highways or city streets; and
(b) Within the immediate construction projects, as described in
the governmental agency contract under which the work is being
performed.
{ - (12) - } { + (11) + } Motor vehicles designed to
operate at a loaded weight over 8,000 pounds, trailers and
equipment are exempt from registration while being used for the
purposes of forest protection and fire suppression under ORS
chapter 477 or a similar federal statute. The exemption under
this subsection applies to the vehicles or equipment described
while being moved to or from the work area. The exemption under
this subsection only applies to vehicles or equipment owned,
leased, contracted for or requisitioned by the State Forester or
State Board of Forestry, a contractor of the State Forester or
State Board of Forestry under ORS chapter 477 or the United
States Government.
{ - (13) - } { + (12) + } Vehicles being used for the
purposes of forest protection and fire suppression are exempt if
the vehicles are necessary in order to comply with ORS 477.615 or
477.650 or a similar federal statute. The exemption under this
subsection also applies to the vehicles described being moved to
or from the work area.
{ - (14) - } { + (13) + } Golf cart exemptions from
registration are as provided in ORS 820.210.
{ - (15) - } { + (14) + } Vehicles currently registered and
titled in any other country, state or territory are not required
to be registered by this state. All of the following apply to
this subsection:
(a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
{ - (16) - } { + (15) + } Vehicles operated or used by
vehicle dealers may be operated or used without registration as
provided under ORS 822.040.
{ - (17) - } { + (16) + } Vehicles towed by towing
businesses may be towed without registration as provided under
ORS 822.210.
{ - (18) - } { + (17) + } Vehicles without registration may
be transported by vehicle transporters as provided under ORS
822.310.
{ - (19) - } { + (18) + } Vehicles that are not registered
may be operated under trip permits described under ORS 803.600 or
under permits described under ORS 803.610 to 803.625.
{ - (20) - } { + (19) + } If trailers that are part of a
fleet of trailers for hire are properly registered in this state
under an agreement entered into pursuant to ORS 802.500, all
trailers that are identified as being a part of the same fleet
and that are currently registered in any state, territory,
province, country or the District of Columbia shall be permitted
to operate in this state in both interstate and intrastate
commerce without being registered by this state.
{ - (21) - } { + (20) + } Vehicles that are registered by
the United States Department of State and that are owned or
operated by foreign nationals with diplomatic immunity are exempt
from registration.
{ - (22) - } { + (21) + } Tow dollies and converter dollies
are exempt from registration.
{ - (23) - } { + (22) + } Class I and Class III all-terrain
vehicles are exempt from registration.
{ - (24) - } { + (23) + } Motor assisted scooters are
exempt from registration.
SECTION 110. ORS 803.315 is amended to read:
803.315. (1) A person commits the offense of failure to pay the
appropriate registration fee if the person operates any vehicle
or transports any camper that is registered in this state unless
the proper fee, as established under ORS 803.420 { - or
820.580 - } , has been paid for registration of the vehicle.
(2) The offense described in this section, failure to pay
appropriate registration fee, is a Class D traffic violation.
SECTION 111. ORS 803.415 is amended to read:
803.415. This section establishes registration periods for
vehicles. The registration periods are periods described under
ORS 803.400. Except as provided in the following, the
registration period for any vehicle registered in this state by
the Department of Transportation is a biennial registration
period:
(1) The following vehicles have permanent registration:
(a) Antique vehicles registered under ORS 805.010.
(b) Vehicles of special interest registered under ORS 805.020.
(c) Trailers that will be operated on the highways at a loaded
weight of more than 8,000 pounds and are not travel trailers,
{ - manufactured structures, - } fixed load vehicles or special
use trailers.
(2) Government-owned vehicles registered under ORS 805.040 have
ownership registration.
(3) The following vehicles may be registered under annual or
quarterly registration unless the vehicles are registered under
proportional registration under ORS 826.009 or proportional fleet
registration under ORS 826.011:
(a) Vehicles required to establish a registration weight under
ORS 803.430.
(b) Commercial buses.
(c) Vehicles registered as farm vehicles under ORS 805.300.
(4) Snowmobiles are registered as provided in ORS 821.080.
{ - (5) Manufactured structures are registered as provided in
ORS 820.500. - }
{ - (6) - } { + (5) + } Vehicles operated by dealers who
hold certificates under ORS 822.020 are as provided under ORS
822.040.
{ - (7) - } { + (6) + } Trailers for hire that will be
operated at a loaded weight of 8,000 pounds or less may be
registered as follows:
(a) Annual registration; or
(b) If registered under an agreement pursuant to ORS 802.500,
for a period of time determined as specified in the agreement or
as determined by the department.
{ - (8) - } { + (7) + } Except as otherwise provided in
subsection { - (11) - } { + (10) + } of this section, the
registration period for electric vehicles and hybrid vehicles
that use electricity and another source of motive power is a
biennial registration period except that the registration period
for the following electric or hybrid vehicles is an annual
registration period:
(a) Commercial buses.
(b) Electric or hybrid vehicles registered as farm vehicles
under ORS 805.300.
(c) Vehicles required to establish registration weight under
ORS 803.430.
{ - (9) - } { + (8) + } Vehicles registered under ORS
805.100 have an ownership registration period.
{ - (10) - } { + (9) + } School vehicles registered under
ORS 805.050 have ownership registration except that the
registration shall continue to be valid if ownership of the
vehicle is transferred to a person who continues to use the
vehicle for purposes authorized by ORS 805.050.
{ - (11) - } { + (10) + } The following vehicles have a
four-year registration period:
(a) New vehicles registered under ORS 803.420 (1) for which new
registration plates will be issued;
(b) New mopeds registered under ORS 803.420 (2) for which new
registration plates will be issued;
(c) New motorcycles registered under ORS 803.420 (3) for which
new registration plates will be issued; and
(d) New vehicles registered under ORS 803.420 (9)(a) for which
new registration plates will be issued.
SECTION 112. ORS 803.420 is amended to read:
803.420. This section establishes registration fees for
vehicles. If there is uncertainty as to the classification of a
vehicle for purposes of the payment of registration fees under
the vehicle code, the Department of Transportation may classify
the vehicle to assure that registration fees for the vehicle are
the same as for vehicles the department determines to be
comparable. The registration fees for the vehicle shall be those
based on the classification determined by the department. Except
as otherwise provided in this section, or unless the vehicle is
registered quarterly, the fees described in this section are for
an entire registration period for the vehicle as described under
ORS 803.415. The department shall apportion any fee under this
section to reflect the number of quarters registered for a
vehicle registered for a quarterly registration period under ORS
803.415. The fees are payable when a vehicle is registered and
upon renewal of registration. Except as provided in ORS 801.041
(3) and 801.042 (7), the fee shall be increased by any amount
established by the governing body of a county or by the governing
body of a district, as defined in ORS 801.237 under ORS 801.041
or 801.042 as an additional registration fee for the vehicle. The
fees for registration of vehicles are as follows:
(1) Vehicles not otherwise provided for in this section or ORS
{ - 820.580 or - } 821.320, $15 for each year of the
registration period.
(2) Mopeds, $4.50 for each year of the registration period.
(3) Motorcycles, $4.50 for each year of the registration
period.
(4) Government-owned vehicles registered under ORS 805.040, $2.
(5) State-owned vehicles registered under ORS 805.045, $2 on
registration or renewal.
(6) Undercover vehicles registered under ORS 805.060, $2 on
registration or renewal.
(7) Antique vehicles registered under ORS 805.010, $30.
(8) Vehicles of special interest registered under ORS 805.020,
$45.
(9) Electric vehicles and hybrid vehicles that use electricity
and another source of motive power, as follows:
(a) The registration fee for an electric or hybrid vehicle not
otherwise described in this subsection is $30 for each year of
the registration period.
(b) The registration fee for electric or hybrid vehicles that
have two or three wheels is $30. This paragraph does not apply to
electric or hybrid mopeds. Electric or hybrid mopeds are subject
to the same registration fee as otherwise provided for mopeds
under this section.
(c) The registration fees for the following electric or hybrid
vehicles are the same as for comparable nonelectric vehicles
described in this section plus 50 percent of such fee:
(A) Motor homes.
(B) Commercial buses.
(C) Vehicles registered as farm vehicles under ORS 805.300.
(D) Vehicles required to establish registration weight under
ORS 803.430 or 826.013.
(10) Motor vehicles required to establish a registration weight
under ORS 803.430 or 826.013, and commercial buses as provided in
the following chart, based upon the weight submitted in the
declaration of weight prepared under ORS 803.435 or 826.015:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,000 or less $ 15
8,001 t10,000 110
10,001t12,000 125
12,001t14,000 140
14,001t16,000 155
16,001t18,000 170
18,001t20,000 190
20,001t22,000 205
22,001t24,000 225
24,001t26,000 245
26,001t28,000 120
28,001t30,000 125
30,001t32,000 135
32,001t34,000 140
34,001t36,000 150
36,001t38,000 155
38,001t40,000 165
40,001t42,000 170
42,001t44,000 180
44,001t46,000 185
46,001t48,000 190
48,001t50,000 200
50,001t52,000 210
52,001t54,000 215
54,001t56,000 220
56,001t58,000 230
58,001t60,000 240
60,001t62,000 250
62,001t64,000 260
64,001t66,000 265
66,001t68,000 275
68,001t70,000 280
70,001t72,000 290
72,001t74,000 295
74,001t76,000 305
76,001t78,000 310
78,001t80,000 320
80,001t82,000 325
82,001t84,000 335
84,001t86,000 340
86,001t88,000 350
88,001t90,000 355
90,001t92,000 365
92,001t94,000 370
94,001t96,000 380
96,001t98,000 385
98,001100,000 390
100,00102,000 400
102,00104,000 405
104,00105,500 415
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(11)(a) Motor vehicles with a registration weight of more than
8,000 pounds that are described in ORS 825.015, that are operated
by a charitable organization as described in ORS 825.017 (15),
that are certified under ORS 822.205 or that are used exclusively
to transport manufactured structures, as provided in the
following chart:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,001 t10,000 $ 50
10,001t12,000 60
12,001t14,000 65
14,001t16,000 75
16,001t18,000 80
18,001t20,000 90
20,001t22,000 95
22,001t24,000 105
24,001t26,000 110
26,001t28,000 120
28,001t30,000 125
30,001t32,000 135
32,001t34,000 140
34,001t36,000 150
36,001t38,000 155
38,001t40,000 165
40,001t42,000 170
42,001t44,000 180
44,001t46,000 185
46,001t48,000 190
48,001t50,000 200
50,001t52,000 210
52,001t54,000 215
54,001t56,000 220
56,001t58,000 230
58,001t60,000 240
60,001t62,000 250
62,001t64,000 260
64,001t66,000 265
66,001t68,000 275
68,001t70,000 280
70,001t72,000 290
72,001t74,000 295
74,001t76,000 305
76,001t78,000 310
78,001t80,000 320
80,001t82,000 325
82,001t84,000 335
84,001t86,000 340
86,001t88,000 350
88,001t90,000 355
90,001t92,000 365
92,001t94,000 370
94,001t96,000 380
96,001t98,000 385
98,001100,000 390
100,00102,000 400
102,00104,000 405
104,00105,500 415
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(b) The owner of a vehicle described in paragraph (a) of this
subsection must certify at the time of initial registration, in a
manner determined by the department by rule, that the motor
vehicle will be used exclusively to transport manufactured
structures or exclusively as described in ORS 822.210, 825.015 or
825.017 (15). Registration of a vehicle described in paragraph
(a) of this subsection is invalid if the vehicle is operated in
any manner other than that described in the certification under
this paragraph.
(12) Trailers registered under permanent registration, $10.
(13) Fixed load vehicles as follows:
(a) If a declaration of weight described under ORS 803.435 is
submitted establishing the weight of the vehicle at 3,000 pounds
or less, $30.
(b) If no declaration of weight is submitted or if the weight
of the vehicle is in excess of 3,000 pounds, $75.
(14) Trailers for hire that are equipped with pneumatic tires
made of an elastic material and that are not travel trailers
{ - , manufactured structures - } or trailers registered under
permanent registration, $15.
(15) Trailers registered as part of a fleet under an agreement
reached pursuant to ORS 802.500, the same as the fee for vehicles
of the same type registered under other provisions of the Oregon
Vehicle Code.
(16) Travel trailers, campers and motor homes as follows, based
on length as determined under ORS 803.425:
(a) For travel trailers or campers that are 6 to 10 feet in
length, $54.
(b) For travel trailers or campers over 10 feet in length, $54
plus $4.50 a foot for each foot of length over the first 10 feet.
(c) For motor homes that are 6 to 10 feet in length, $84.
(d) For motor homes over 10 feet in length, $84 plus $5 a foot
for each foot of length over the first 10 feet.
(17) Special use trailers as follows, based on length as
determined under ORS 803.425:
(a) For lengths 6 to 10 feet, $30.
(b) For special use trailers over 10 feet in length, $30 plus
$3 a foot for each foot of length over the first 10 feet.
(18) Fees for vehicles with proportional registration under ORS
826.009, or proportioned fleet registration under ORS 826.011,
are as provided for vehicles of the same type under this section
except that the fees shall be fixed on an apportioned basis as
provided under the agreement established under ORS 826.007.
(19) For any vehicle that is registered under a quarterly
registration period, a minimum of $15 for each quarter registered
plus an additional fee of $1.
(20) In addition to any other fees charged for registration of
vehicles in fleets under ORS 805.120, the department may charge
the following fees:
(a) A $2 service charge for each vehicle entered into a fleet.
(b) A $1 service charge for each vehicle in the fleet at the
time of renewal.
(21) The registration fee for vehicles with special
registration for disabled veterans under ORS 805.100 is a fee of
$15.
{ - (22) The registration fee for manufactured structures is
as provided in ORS 820.580. - }
{ - (23) - } { + (22) + } Subject to subsection (19) of
this section, the registration fee for motor vehicles registered
as farm vehicles under ORS 805.300 is as follows based upon the
registration weight given in the declaration of weight submitted
under ORS 803.435:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Weight in Pounds Fee
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8,000 or less $ 15
8,001 t10,000 30
10,001t12,000 35
12,001t14,000 45
14,001t16,000 50
16,001t18,000 60
18,001t20,000 65
20,001t22,000 75
22,001t24,000 80
24,001t26,000 90
26,001t28,000 95
28,001t30,000 105
30,001t32,000 110
32,001t34,000 120
34,001t36,000 125
36,001t38,000 135
38,001t40,000 140
40,001t42,000 150
42,001t44,000 155
44,001t46,000 165
46,001t48,000 170
48,001t50,000 180
50,001t52,000 185
52,001t54,000 190
54,001t56,000 200
56,001t58,000 210
58,001t60,000 215
60,001t62,000 220
62,001t64,000 230
64,001t66,000 240
66,001t68,000 245
68,001t70,000 250
70,001t72,000 260
72,001t74,000 265
74,001t76,000 275
76,001t78,000 280
78,001t80,000 290
80,001t82,000 295
82,001t84,000 305
84,001t86,000 310
86,001t88,000 320
88,001t90,000 325
90,001t92,000 335
92,001t94,000 340
94,001t96,000 350
96,001t98,000 355
98,001100,000 365
100,00102,000 370
102,00104,000 380
104,00105,500 385
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (24) - } { + (23) + } The registration fee for school
vehicles registered under ORS 805.050 is $7.50.
{ - (25) - } { + (24) + } The registration fee for a
low-speed vehicle is $60.
SECTION 113. ORS 803.430 is amended to read:
803.430. (1) Registration weight is established for the
following purposes:
(a) The registration weight is the weight used in the
declaration of weight under ORS 803.435 to determine the
registration fees under ORS 803.420 for vehicles required to
establish registration weight under this section.
(b) A vehicle that is required to establish registration weight
by this section is in violation of ORS 803.315 if the vehicle is
operated on a highway of this state at a weight in excess of the
registration weight except when carrying a load:
(A) Under the provisions of ORS 376.305 to 376.390;
(B) Of over 105,500 pounds combined weight under a variance
permit issued under ORS 818.200;
(C) Under a registration weight trip permit issued under ORS
803.600; or
(D) Consisting of towed motor vehicles required to be
registered under the vehicle code.
(2) Registration weight is established at the time of
registration and whenever the vehicle has been altered or
reconstructed by furnishing a declaration of weight described
under ORS 803.435 that contains a declaration of the maximum
combined weight at which the vehicle will be operated on the
highways of this state except when carrying loads described under
subsection (1)(b) of this section. The maximum registration
weight for any vehicle required to establish a registration
weight under this section is 105,500 pounds. Vehicles operating
at weights above 105,500 pounds will operate under a variance
permit issued under ORS 818.200.
(3) Except as provided in subsection (4) of this section, the
following vehicles are required to establish a registration
weight under this section:
(a) Any motor truck that will be operated on the highways at a
combined weight of more than 8,000 pounds not including the
weight of any camper or trailing vehicle described in subsection
(5) of this section { + , or any trailing manufactured
structure + }.
(b) Any truck tractor that will be operated on the highways at
a combined weight of more than 8,000 pounds not including the
weight of any camper or trailing vehicle described in subsection
(5) of this section { + , or any trailing manufactured
structure + }.
(c) An armored car, wrecker, tow vehicle, hearse or ambulance.
(d) Any other motor vehicle that will be operated on the
highways at a combined weight of more than 8,000 pounds not
including the weight of any camper or trailing vehicle as
described in subsection (5) of this section { + , or any trailing
manufactured structure + }.
(e) A self-propelled mobile crane.
(f) Any motor vehicle registered as a farm vehicle under ORS
805.300.
(4) A vehicle that is being registered under a specific
provision of the vehicle code where fees are not based on weight
or where registration weight is specifically not required is not
required to establish registration weight under this section.
(5) The weight of a camper or the following trailing vehicles
{ - shall - } { + may + } not be included in the registration
weight:
(a) Trailers with a loaded weight of 8,000 pounds or less.
(b) Special use trailers, travel trailers { - , manufactured
structures - } and fixed load vehicles.
(c) Towed motor vehicles.
{ + (6) The weight of a trailing manufactured structure may
not be included in the registration weight. + }
SECTION 114. ORS 803.525 is amended to read:
803.525. The Department of Transportation shall issue two
registration plates for every vehicle that is registered by the
department except as otherwise provided in this section. Upon
renewal or when otherwise provided under ORS 803.555, the
department may issue stickers in lieu of or in addition to
registration plates. The following shall be issued plates as
described:
(1) Only one registration plate shall be issued for a moped,
motorcycle, trailer, antique vehicle or vehicle of special
interest registered by the department.
(2) Only one plate shall be issued for a camper that is
registered. Stickers may be issued in lieu of a plate.
{ - (3) Manufactured structures are as provided in ORS
820.500. - }
SECTION 115. ORS 803.585 is amended to read:
803.585. (1) Except as otherwise provided in this section
{ - , - } { + or + } ORS 801.041 { - , - } { + or + }
801.042 { - or 820.500 - } , the registration fees under the
vehicle code are in lieu of all other taxes and licenses, except
municipal license fees under regulatory ordinances, to which such
vehicles or the owners thereof may be subject. Fixed load
vehicles are not exempt from ad valorem taxation by this section.
(2) Travel trailers subject to registration and titling under
the vehicle code are not subject to ad valorem taxation { -
except - } { + , but may be reclassified as manufactured
structures and made subject to taxation + } as provided in ORS
308.880.
SECTION 116. ORS 803.590 is amended to read:
803.590. (1) The owner of a vehicle described in this
subsection shall be permitted to transfer the registration plates
from the vehicle to a like vehicle to be similarly used if the
vehicle is destroyed or permanently withdrawn from service within
this state and if the registration fee for the vehicle was more
than $10. To make a transfer of registration under this section,
the owner of the vehicle shall pay the Department of
Transportation a registration transfer fee established under ORS
803.575, file a statement indicating the withdrawal or
destruction with the department and surrender any registration
card issued for the vehicle. If the weight in the declaration of
weight of the vehicle receiving the transferred registration
exceeds that of the vehicle destroyed or withdrawn, the owner
must pay registration fees on the increased weight. This
subsection applies to the following vehicles:
(a) Motor trucks with a registration weight of more than 8,000
pounds.
(b) Truck tractors with a registration weight of more than
8,000 pounds.
(c) Commercial buses.
(2) If a vehicle described under this subsection is destroyed
accidentally so as to be incapable of further operation, the
person in whose name the vehicle is registered is entitled to a
refund of that portion of the fee applicable to the then
unexpired portion of the registration period. Any registration
card and registration plates issued for the vehicle must be
surrendered to the department for cancellation when application
for refund is made under this section. Claims for refunds under
this section shall be filed and paid as provided for refunds
under ORS 802.110. To qualify for a refund under this section, a
registration fee in excess of $10 must have been paid for the
vehicle, the vehicle must have been registered in this state and
the vehicle must be one of the following:
(a) A motor truck with a registration weight of more than 8,000
pounds.
(b) A truck tractor with a registration weight of more than
8,000 pounds.
(c) A { - manufactured structure, - } travel trailer or
camper.
SECTION 117. ORS 803.600 is amended to read:
803.600. A trip permit grants authority to temporarily operate
a vehicle on the highways of this state under circumstances where
the operation would not otherwise be legal because the vehicle is
not registered by this state or because provisions relating to
the vehicle's registration do not allow the operation. { + A
manufactured structure trip permit issued by a county as agent
for the Department of Consumer and Business Services grants
authority to transport a manufactured structure on the highways
of this state, subject to regulation by the Department of
Transportation and variance permit requirements. + }The
Department of Transportation shall provide for the issuance of
trip permits { + for vehicles + } in a manner consistent with
this section. All of the following apply to permits issued under
this section:
(1) The department shall issue the following types of trip
permits to authorize the described type of operation and shall
not issue trip permits for any other purpose:
(a) A heavy motor vehicle trip permit may be issued for a motor
vehicle with a combined weight of more than 8,000 pounds or that
is a fixed load motor vehicle, and that is not registered in this
state. A permit described in this paragraph is valid for 10
consecutive days.
(b) A heavy trailer trip permit may be issued for a trailer
that will be operated on the highways at a loaded weight of more
than 8,000 pounds or that is a fixed load vehicle, and that is
not registered to allow operation of the vehicle in this state. A
permit described in this paragraph is valid for 10 consecutive
days. This paragraph does not apply to travel trailers { - or
manufactured structures - } .
(c) A light vehicle trip permit may be issued for a vehicle
with a combined weight of less than 8,001 pounds that is not a
fixed load vehicle and that is not registered to allow operation
of the vehicle in this state. Permits described in this paragraph
may be issued for a period of 21 consecutive days. The department
may not issue more than two permits under this paragraph in a
12-month period for any one vehicle unless all registered owners
of the vehicle are replaced by new owners. If there is a complete
change in ownership of the vehicle, as shown by the registration
records for the vehicle, a new owner may receive permits for the
vehicle under this paragraph as if no permits had been issued for
the vehicle. This paragraph does not apply to campers, travel
trailers or motor homes, which are eligible for recreational
vehicle trip permits under paragraph (d) of this subsection.
(d) A recreational vehicle trip permit may be issued for a
period of up to 10 consecutive days for a camper, travel trailer
or motor home that is not registered for operation in this state.
A person buying a recreational vehicle trip permit must show
proof satisfactory to the Department of Transportation that the
person is the owner of the camper, travel trailer or motor home
for which the permit will be granted. A person may not receive
recreational vehicle trip permits authorizing more than 10 days
of operation in any 12-month period. A person who applies for a
recreational vehicle trip permit must certify that the person has
not been granted permits that together, and including the permit
applied for, exceed the maximum number of days of operation
allowed by this paragraph.
(e) A registration weight trip permit may be issued for a
vehicle that is registered in this state, to allow the vehicle to
be operated with a greater combined weight than is permitted by
the registration weight established for the vehicle or at a
greater combined weight than is otherwise permitted under the
registration for the vehicle if the vehicle is not required to
establish a registration weight. A permit issued under this
paragraph does not authorize movements or operations for which a
variance permit is required under ORS 818.200. A permit issued
under this paragraph shall show the maximum registration weight
allowed for operation under the permit. A permit issued under
this paragraph is valid for 10 consecutive days.
(f) A registered vehicle trip permit may be issued for a
vehicle that is registered in this state to allow the vehicle to
operate under conditions or in ways not permitted by the terms of
the vehicle registration. The department shall determine by rule
the kinds of operation for which permits may be issued under this
paragraph. A permit issued under this paragraph is valid for 10
consecutive days.
{ - (g) A manufactured structure trip permit may be issued to
allow movement of a manufactured structure. Except movements of
manufactured structures by vehicle transporters permitted under
ORS 822.310, all movements of manufactured structures on the
highways of this state shall be by trip permit. The provisions
under ORS 820.560 and 820.570 apply to trip permits for
manufactured structures in addition to the requirements under
this section. A permit issued under this paragraph is valid
during the movement of the manufactured structure specifically
authorized by the permit. - }
(2) The following requirements for records are established
concerning permits issued under this section:
(a) Any carrier regulated by the department shall maintain
records of heavy motor vehicle and heavy trailer trip permits and
registration weight trip permits issued to the carrier as
required by the department by rule.
(b) Requirements for the department to maintain records
concerning trip permits are established under ORS 802.200.
(3) An owner or operator of a vehicle may obtain a trip permit.
The fees for issuance of trip permits are as provided under ORS
803.645.
(4) The department shall make the trip permits { + for
vehicles + } available to all field offices and agents maintained
by the department and may make arrangements for the issuance of
the permits by designated individuals, firms or associations for
the convenience of the motoring public.
(5) The department may also sell heavy motor vehicle, heavy
trailer and registration weight trip permits in advance of
issuance to contractors, transportation companies and other users
for issuance to their own vehicles or vehicles under their
control.
(6) The department shall adopt rules for the issuance, sale and
control of { - all - } trip permits { + for vehicles + }.
(7) Trip permits are not required for the operation of
unregistered vehicles { - other than manufactured
structures - } where such operation is permitted as follows:
(a) By vehicle dealers as permitted under ORS 822.040.
(b) By vehicle transporters as permitted under ORS 822.310.
(c) By towing businesses as permitted under ORS 822.210.
(8) Trip permits are not required for the operation of
unregistered vehicles where such operation is permitted under ORS
803.305.
(9) { + (a) + } Unregistered vehicles that are operated without
a trip permit are subject to the prohibitions and penalties for
operation of unregistered vehicles under ORS 803.300 or 803.315,
as appropriate.
{ + (b) Except as provided in this paragraph, a person who
moves + } manufactured structures { - that are moved - } on
the highways without a trip permit { + issued by a county as
agent for the Department of Consumer and Business Services + },
where a trip permit is required,
{ - are - } { + is + } subject to penalty as provided under
ORS 820.570. { + A manufactured structure dealer who moves or
causes a manufactured structure to be moved on the highways
without a trip permit, where a trip permit is required, is
subject to a civil penalty under section 46 of this 2003 Act. + }
(10) A trip permit may be issued to a school vehicle registered
under ORS 805.050 for use of the vehicle for purposes not
permitted under ORS 805.050.
SECTION 118. ORS 803.645 is amended to read:
803.645. Fees for trip permits issued under ORS 803.600 are as
follows:
(1) For a heavy motor vehicle trip permit, $21.
(2) For a heavy trailer trip permit, $10.
(3) For a light vehicle trip permit, $20.
(4) For a recreational vehicle trip permit, $30.
(5) For a registration weight trip permit, $5.
(6) For a registered vehicle trip permit, $5.
{ - (7) For a manufactured structure trip permit, $5. - }
SECTION 119. ORS 803.660 is amended to read:
803.660. The color and size of the print on permits issued
under ORS 803.600, 803.615 { - , - } { + and + } 803.625
{ - and 820.560 - } shall be such that the permits can easily
be read.
SECTION 120. ORS 815.190 is amended to read:
815.190. This section establishes exemptions from ORS 815.182
and 815.185. The exemptions under this section are in addition to
any exemptions under ORS 801.026. The exemptions established
under this section are partial or complete as described in the
following:
(1) Vehicles of special interest that are registered under ORS
805.020 are deemed in compliance with the requirements and
standards if:
(a) The vehicles are equipped with original manufacturer's
equipment and accessories, or their equivalent, and maintained in
safe operating condition; or
(b) The vehicles are street rods that conform to ORS 815.107.
(2) Road machinery, road rollers and farm tractors are exempt
from the standards and requirements.
(3) Antique motor vehicles are exempt from the standards and
requirements if the vehicles are maintained as collectors' items
and used for exhibitions, parades, club activities and similar
uses, but not used primarily for the transportation of persons or
property.
(4) A motor truck is exempt from the requirements to be
equipped with fenders or mudguards if the vehicle has just a
chassis that is not equipped for hauling a load.
(5) Fenders or mudguards are not required on any modified
American-made pre-1935 vehicle, or any identifiable vintage or
replica thereof that is titled as a later assembled vehicle or
replica and is used for show and pleasure use when such vehicle
is used and driven only during fair weather on well-maintained,
hard-surfaced roads.
{ - (6) Manufactured dwellings are exempt from the standards
and requirements. - }
SECTION 121. ORS 818.100 is amended to read:
818.100. This section establishes exemptions from the maximum
size limitations under ORS 818.080 and 818.090. The exemptions
under this section are in addition to any exemptions under ORS
801.026. Operation in accordance with one of the exemptions
described is not subject to ORS 818.090. Exemptions are partial
or complete as described in the following:
(1) The maximum size limits do not apply on any way,
thoroughfare or place owned by a district formed under ORS
chapters 545, 547, 551 or a corporation formed under ORS chapter
554.
(2) The maximum size limits do not apply on any road or
thoroughfare or property in private ownership or any road or
thoroughfare, other than a state highway or county road, used
pursuant to any agreement with any agency of the United States or
with a licensee of such agency or both.
(3) The maximum size limits do not apply to any vehicle,
combination of vehicles, article, machine or other equipment
while being used by the federal government, the State of Oregon
or any county or incorporated city in the construction,
maintenance or repair of public highways and at the immediate
location or site of such construction, maintenance or repair.
(4) The maximum size limits do not apply to vehicles while
being used on the roads of a road authority by mass transit
districts for the purposes authorized under ORS 267.010 to
267.390, provided the size of the vehicles is approved by the
road authority for the roads.
(5) Size limits are not applicable in any place and to the
extent size limits are modified by a road authority under ORS
810.060. The exemption under this subsection is subject to the
limitations imposed by the road authority exercising the powers
granted under ORS 810.060.
(6) Operations authorized to exceed size limits by a variance
permit issued under ORS 818.200 are subject to the terms of the
permit. It shall be a defense to any charge of violation of ORS
818.090 if the person so charged produces a variance permit
issued under ORS 818.200 authorizing the operation of the vehicle
or combination of vehicles issued prior to and valid at the time
of the offense.
(7) Pneumatic tires made of elastic material, flexible mud
flaps, flexible fenders, safety accessories such as clearance
lights, rub rails and binder chains, and appurtenances such as
door handles, door hinges and turning signal brackets may exceed
the maximum allowable width described in Table I of ORS 818.080
by a distance not greater than two inches on each side of the
vehicle.
(8) Rearview mirrors may exceed the maximum allowable width
described in Table I of ORS 818.080 by a distance of not greater
than five inches on each side of the vehicle.
(9) Notwithstanding the maximum allowable length of vehicles
and loads on vehicles under Table I of ORS 818.080, public
utilities, telecommunications utilities, people's utilities
districts and cooperative rural electrification districts or
common or contract carriers when acting as agent for or on direct
orders of such a utility or district, for the purpose of
transporting and hauling poles, piling or structures used or to
be used in connection with their business, may use and operate
upon any highway of this state any combination of vehicles having
an overall length including load the total length of which is not
in excess of 80 feet unless an emergency exists.
(10) The load on a semitrailer may exceed the maximum length
established under ORS 818.080 providing the load does not:
(a) Extend beyond the rear of the semitrailer by more than five
feet;
(b) Extend forward of the rear of the cab of the towing
vehicle; or
(c) Exceed an overall length permitted by a rule, resolution or
ordinance adopted under ORS 810.060.
(11) The load upon a truck tractor and pole trailer may exceed
the maximum length established under ORS 818.080 if the overall
length does not exceed that authorized by a rule, resolution or
ordinance adopted under ORS 810.060.
(12) None of the size limits described under ORS 818.080 except
the maximum limit of allowable extension beyond the last axle of
a combination of vehicles under Table II apply to implements of
husbandry hauled, towed or moved upon any highway not a part of
the Federal Interstate Highway System if the movement is
incidental to a farming operation and the owner of the implement
of husbandry is engaged in farming or if the owner is hired by or
under contract to a farmer to perform agricultural activities.
(13) The rear overhang of a combination of vehicles described
in this subsection may extend more than one-third but not more
than one-half the length of the wheelbase of the combination of
vehicles. This subsection is applicable to any combination of
vehicles consisting of a motor vehicle towing any of the
following:
(a) A { - manufactured structure or - } travel trailer.
(b) Any trailer designed to carry a single nonmotorized
aircraft.
{ + (14) The rear overhang of a combination consisting of a
motor vehicle towing a manufactured structure may exceed
one-third, but may not exceed one-half, the length of the
wheelbase of the combined vehicle and structure. + }
{ - (14) - } { + (15) + } A recreational vehicle may exceed
the maximum width established under ORS 818.080 if the excess
width is attributable to an appurtenance that does not extend
beyond the body of the vehicle by more than four inches, or if a
passenger-side awning, by more than six inches. As used in this
subsection, 'appurtenance' means an appendage that is installed
by a factory or a vehicle dealer and is intended as an integral
part of the recreational vehicle. 'Appurtenance' does not include
an item temporarily affixed or attached to the exterior of a
vehicle for the purpose of transporting the item from one
location to another. 'Appurtenance' does not include an item that
obstructs the driver's rearward vision.
{ - (15)(a) - } { + (16)(a) + } A recreational vehicle may
exceed the maximum length established under ORS 818.080 if the
vehicle is not more than 45 feet long.
(b) A combination that includes a recreational vehicle that is
not more than 45 feet long, when operating on Group 1 or Group 2
highways as designated by the Department of Transportation, may
exceed the maximum length for vehicles in a combination
established under ORS 818.080 if the combination is not more than
65 feet long.
{ - (16) - } { + (17) + } A motor vehicle transporter may
exceed the maximum lengths established in ORS 818.080 for a
single vehicle, a vehicle in a combination of vehicles and a load
if the length of the single vehicle, vehicle in a combination or
load does not exceed 45 feet.
{ - (17) - } { + (18) + } A motor vehicle transporter
towing another vehicle, when operating on a Group 1 or Group 2
highway as designated by the department, may exceed the maximum
length established in ORS 818.080 for a combination of vehicles
if the overall length does not exceed 65 feet.
SECTION 122. ORS 820.520 is amended to read:
820.520. When a travel trailer or special use trailer ceases to
be assessed under the ad valorem tax laws of this state as a
manufactured structure under ORS 308.880 { + , + } { - or
820.510, it shall be - } { + the manufactured structure
ownership document for the trailer must be surrendered for
cancellation by the Department of Consumer and Business Services
and the trailer must be + } registered and licensed as a travel
trailer or special use trailer.
SECTION 123. ORS 820.570 is amended to read:
820.570. (1) A person commits the offense of violating trip
permit requirements for manufactured structures if the person
does any of the following:
(a) Moves a manufactured structure on a highway of this state
without a trip permit for the movement. This paragraph does not
apply to movements of manufactured structures by vehicle
transporters as permitted under ORS 822.310.
(b) Fails to prominently display a trip permit on the rear of a
manufactured structure being moved when a trip permit is required
for the move { - under this section - } .
(c) Moves a manufactured structure when a { + trip + } permit
is required { - under this section - } without
{ + sending + } a copy of the permit
{ - being sent - } to the Department of Transportation.
(d) Moves a manufactured structure when a { + trip + } permit
is required { - under this section - } without
{ + completing + } the permit { - being completed - } prior
to the movement.
(e) Moves a manufactured structure when a { + trip + } permit
is required { - under this section - } without
{ + remitting + } a copy of the permit { - being remitted - }
to the department within 10 days after the time of movement.
{ - (f) Issues a trip permit for movement of a manufactured
structure before payment is made to the county of all property
taxes and special assessments as provided in ORS 308.865. - }
(2) The offense described under this section, violating trip
permit requirements for manufactured structures, is a Class B
traffic violation.
SECTION 124. ORS 822.005 is amended to read:
822.005. (1) A person commits the offense of acting as a
vehicle dealer without a certificate if the person is not the
holder of a valid, current vehicle dealer certificate issued
under ORS 822.020 and the person:
(a) Buys, sells, brokers, trades or exchanges vehicles either
outright or by means of any conditional sale, bailment, lease,
security interest, consignment or otherwise;
(b) Displays a new or used vehicle, trailer { - , - } { +
or + } semitrailer
{ - or manufactured structure - } for sale; or
(c) Acts as any type of agent for the owner of a vehicle to
sell the vehicle or acts as any type of agent for a person
interested in buying a vehicle to buy a vehicle.
(2) This section does not apply to persons or vehicles exempted
from this section under ORS 822.015.
(3) The offense described in this section, acting as a vehicle
dealer without a certificate, is a Class A misdemeanor.
SECTION 125. ORS 822.015 is amended to read:
822.015. In addition to any exemptions from the vehicle code
under ORS 801.026, ORS 822.005 does not apply to the following
vehicles or persons:
(1) Road rollers, farm tractors, farm trailers, trolleys,
implements of husbandry, emergency vehicles, well-drilling
machinery and boat or utility trailers with a gross weight of
1,800 pounds or less.
(2) The owner of a vehicle as shown by the vehicle title issued
by any jurisdiction if the person owned the vehicle primarily for
personal, family or household purposes. If the person has sold,
traded, displayed or offered for sale, trade or exchange more
than five vehicles in one calendar year, the person shall have
the burden of proving that the person owned the vehicles
primarily for personal, family or household purposes or for other
purposes that the Department of Transportation, by rule, defines
as constituting an exemption under this section.
(3) A receiver, trustee, personal representative or public
officer while performing any official duties.
{ - (4) A real estate licensee representing a buyer or seller
in a transaction involving a manufactured structure considered
real property under ORS 308.875 or 820.510. - }
{ - (5) - } { + (4) + } The lessor or security interest
holder of a vehicle as shown by the vehicle title issued by any
jurisdiction.
{ - (6) - } { + (5) + } Except as otherwise provided in
this subsection, a manufacturer who sells vehicles the
manufacturer has manufactured in Oregon { - or manufactured
structures that the manufacturer has manufactured anywhere - } .
Nothing in this subsection prevents any manufacturer from
obtaining a vehicle dealer certificate under ORS 822.020. This
subsection does not exempt a manufacturer who sells or trades
campers or travel trailers.
{ - (7) - } { + (6) + } An insurance adjuster authorized to
do business under ORS 744.505 or 744.515 who is disposing of
vehicles for salvage.
{ - (8) - } { + (7) + } Except as otherwise provided in
this subsection, a person who sells or trades or offers to sell
or trade a vehicle that has been used in the operation of the
person's business. This subsection does not exempt a person who
is in the business of selling, trading, displaying, rebuilding,
renting or leasing vehicles from any requirement to obtain a
certificate for dealing in those vehicles.
{ - (9) - } { + (8) + } A person who is licensed as a
vehicle dealer in another jurisdiction who is participating with
other dealers in a display of vehicles, including but not limited
to an auto show { - or a manufactured home show - } . This
subsection applies only if the display is an event that lasts for
10 days or less and is an event for which the public is charged
admission.
{ - (10) - } { + (9) + } A person who receives no money,
goods or services, either directly or indirectly, for displaying
a vehicle or acting as an agent in the buying or selling of a
vehicle.
{ - (11) - } { + (10) + } A person who collects, purchases,
acquires, trades or disposes of vehicles and vehicle parts for
the person's own use in order to preserve, restore and maintain
vehicles for the person's own use or for hobby or historical
purposes.
SECTION 126. ORS 822.025 is amended to read:
822.025. An application for a vehicle dealer certificate issued
by the Department of Transportation under ORS 822.020 shall be in
a form prescribed by the department and shall contain all of the
following:
(1) The names and residence addresses of the persons applying:
(a) If the applicant is a firm or partnership, the name of the
firm or partnership with the names and residence addresses of all
members thereof.
(b) If the applicant is a corporation, the name of the
corporation with the names of the principal officers and their
residence addresses and the name of the state under whose laws
the corporation is organized.
(2) The name under which the business will be conducted.
(3) The street address, including city and county in Oregon,
where the business will be conducted.
(4) Whether or not used vehicles are handled.
(5) A certificate from the applicant showing that the applicant
will act as a vehicle dealer and will conduct business at the
location given on the application.
(6) { - (a) - } A certificate signed by a person authorized
by the local governing body to do so, stating that the location
of the business as given in the application for a certificate
complies with any land use ordinances or business regulatory
ordinances of the city or county. The provisions of this
{ - paragraph - } { + subsection + } do not apply to renewal
of a vehicle dealer certificate under ORS 822.040 unless the
location of the business is being changed at the time of renewal.
{ - (b) If the business will be located within a residential
zone and the application indicates that the dealer will sell or
display only manufactured homes, as defined in ORS 446.003, the
local governing body may condition the approval of the
application under this subsection by: - }
{ - (A) Prohibiting sale or display of other types of
vehicles at the location; or - }
{ - (B) Requiring that the manufactured homes that are on
display comply with architectural and aesthetic standards
regulating permanent placement of manufactured homes in the
residential zone. - }
(7) Any information required by the department to efficiently
administer the registration of vehicles and regulation of dealers
or other relevant information required by the department.
(8) A certificate from the provider of each education program
or test showing that the applicant has completed the education
programs and passed the test required under ORS 822.027 (1) if
the applicant is a dealer subject to the education and test
requirements.
(9) If the applicant will offer new recreational vehicles for
sale, a certificate from the applicant stating that the applicant
will maintain a recreational vehicle service facility at the
street address provided by the applicant pursuant to subsection
(3) of this section.
SECTION 127. 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) 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) of this section prior to submitting an application
for the renewal certificate.
(2) The education requirements in subsection (1) of this
section do not apply to an applicant for a vehicle dealer
certificate under ORS 822.020 or 822.040 if the applicant is:
(a) A franchised dealer of nationally advertised and recognized
motor vehicles;
(b) A franchised dealer of new recreational vehicles;
(c) A nationally franchised or corporate-owned motor vehicle
rental company; { + or + }
{ - (d) A dealer of 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.
(3) 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) 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) of this section.
SECTION 128. ORS 822.033 is amended to read:
822.033. A certificate of insurance required to qualify for a
vehicle dealer certificate under ORS 822.020 or to qualify for
renewal of a certificate under ORS 822.040 must comply with all
of the following:
(1) The certificate shall:
(a) Be issued by an insurance carrier licensed to do business
within this state;
(b) Show that the dealer is insured by a policy that provides
the minimum limits of coverage required under ORS 806.070;
(c) Show that the dealer is insured by a policy that provides
for payment of judgments of the type described in ORS 806.040;
(d) Show that the dealer is insured by a policy covering all
vehicles manufactured, owned, operated, used or maintained by or
under the control of the dealer;
(e) Show that the dealer is insured by a policy that also
covers all other persons who, with the consent of the dealer, use
or operate vehicles manufactured, owned or maintained by or under
the control of the dealer;
(f) Be dated as of the date of the motor vehicle policy for
which it is given;
(g) Contain the policy number; and
(h) Provide that the insurer shall give the Department of
Transportation written notice of any cancellation of the policy
and that the insurer shall continue to be liable under the policy
until the department receives the notice required by this
paragraph or until the cancellation date specified in the notice,
whichever is later.
(2) The certificate of insurance must be filed and held in the
office of the department.
(3) A dealer is exempt from the requirement to file the
certificate of insurance described in this section if the dealer
certifies, in such form as may be required by the department,
that the dealer will be dealing exclusively in one or more of the
following:
(a) Antique motor vehicles issued permanent registration under
ORS 805.010;
(b) Farm trailers;
(c) Farm tractors;
(d) Implements of husbandry; { + or + }
(e) Snowmobiles, Class I or Class III all-terrain
vehicles { + . + } { - ; or - }
{ - (f) Manufactured structures. - }
SECTION 129. ORS 822.040 is amended to read:
822.040. (1) The holder of a current, valid vehicle dealer
certificate issued under ORS 822.020 may exercise the following
privileges under the certificate:
(a) A dealer is authorized, without violating ORS 803.025 or
803.300, to use and operate over and along the highways of this
state all vehicles displaying the dealer's plates whether
registered or not or whether or not a title is issued for the
vehicle subject to the following:
(A) This paragraph does not authorize dealers to use or operate
vehicles under dealer plates unless the vehicles are actually
owned or controlled by the dealer and in actual use by the
dealer, members of the dealer's firm, any salesperson thereof or
any person authorized by the dealer. Vehicles operated under
dealer plates may be used for the same purposes as are any other
vehicles registered in this state that are registered by payment
of the fee under ORS 803.420. This paragraph is subject to the
limitations under ORS 822.045.
{ - (B) Nothing in this paragraph allows dealers to use or
operate manufactured structures under dealer plates. All movement
of manufactured structures by dealers shall be by trip permits
issued under ORS 803.600 and 820.560. - }
{ - (C) - } { + (B) + } Vehicles registered or titled in
another state, country, province, territory or the District of
Columbia are subject to the provisions under ORS 803.300 and
803.305 applicable to such vehicles.
(b) A dealer is entitled to receive dealer plates or devices
and replacement or additional dealer plates or devices. As many
additional dealer plates as may be desired may be obtained upon
the filing of a formal application for additional plates with the
Department of Transportation. The plates issued to dealers shall
require the payment of fees as provided under ORS 805.250.
(c) The person is not subject to the prohibitions and penalties
under ORS 822.005 as long as the holder's vehicle dealer business
is conducted in a location approved under the certificate.
(d) The dealer shall be considered the owner of vehicles
manufactured or dealt in by the dealer, before delivery and sale
of the vehicles, and of all vehicles in the dealer's possession
and operated or driven by the dealer or the dealer's employees.
(2) The holder of a vehicle dealer certificate may open
additional places of business under the same business name by
obtaining a supplemental certificate from the department under
this subsection. The following all apply to a supplemental
certificate issued under this subsection:
(a) The department shall not issue a supplemental certificate
under this subsection if the additional place of business opened
will be operated under a different business name than that
indicated on the current certificate. Any business that a vehicle
dealer operates under a separate business name must be operated
under a separate certificate and the dealer must apply for and
pay the fees for a regular dealer certificate for the business.
(b) A supplemental certificate issued under this subsection is
subject to the fee for supplemental certificate under ORS
822.700.
(3) The holder of a vehicle dealer certificate may move a place
of business or change a business name by obtaining a corrected
certificate from the department. For purposes of this subsection,
'place of business' includes a recreational vehicle service
facility as defined in ORS 822.082. The following apply to a
corrected certificate issued under this subsection:
(a) The department shall prescribe the form for application for
a corrected certificate.
(b) A person applying for a corrected certificate shall pay the
fee for the corrected certificate established in ORS 822.700.
(4) A vehicle dealer certificate is valid for a three-year
period and may be renewed as provided by the department. The
department shall only renew a certificate if the applicant for
renewal does all of the following:
(a) Pays the required fee for renewal under ORS 822.700.
(b) Delivers to the department a bond that meets the
requirements under ORS 822.030.
(c) Delivers to the department a certificate of insurance that
meets the requirements under ORS 822.033.
(d) Provides the names of all partners or corporate officers.
(e) Certifies completion of the education requirements of ORS
822.027 (1) if the person is a dealer subject to the education
requirements.
(f) If the dealer offers new recreational vehicles for sale
under the certificate, certifies that the dealer maintains a
recreational vehicle service facility as listed in the dealer
certificate application described in ORS 822.025.
(5) The department may adopt suitable rules for the issuance
and renewal of certificates under this section and ORS 822.020.
SECTION 130. ORS 822.042 is amended to read:
822.042. (1) A vehicle dealer transferring any interest in a
vehicle or camper shall:
(a) Within 25 calendar days of the transfer furnish the
certificate of title or other primary ownership document for the
vehicle and any release thereon to the security interest holder
next named, if any, otherwise to the lessor or, if none, to the
purchaser;
(b) Within 30 calendar days of the transfer submit to the
Department of Transportation, in a manner that complies with any
applicable statutes and rules, an application for title on behalf
of the person to whom the title is to be furnished or whose name
is to appear on the title record;
(c) Comply with rules adopted by the department if title has
not been or will not be issued in the form of a certificate; or
(d) Within 25 business days of the transfer provide a notice of
delay to the security interest holder next named, if any, the
lessor, if any, and the purchaser. The notice shall contain:
(A) The reason for the delay;
(B) The anticipated extent of the delay; and
(C) A statement of the rights and remedies available to the
purchaser if the delay becomes unreasonably extended.
(2) A vehicle dealer shall maintain records as determined by
the department by rule to show whether the dealer has complied
with subsection (1) of this section.
(3) A vehicle dealer that fails to comply with the provisions
of subsection (1) of this section is subject to revocation,
cancellation or suspension of the dealer's certificate pursuant
to ORS 822.050.
{ - (4) The provisions of this section do not apply to the
transfer of title or any interest in a manufactured structure if
the transfer is subject to an escrow transaction. - }
SECTION 131. ORS 822.045 is amended to read:
822.045. (1) A vehicle dealer improperly conducts a vehicle
dealer business and is subject to the penalties under this
section if the vehicle dealer commits any of the following
offenses:
(a) A vehicle dealer commits the offense of failure to obtain a
supplemental vehicle dealer certificate if the vehicle dealer
opens any additional place of business using the same business
name as a place of business approved under a vehicle dealer
certificate without first obtaining a supplemental dealer
certificate under ORS 822.040.
(b) A vehicle dealer commits the offense of failure to obtain a
corrected vehicle dealer certificate if the dealer moves a place
of business or changes the business name without first obtaining
a corrected dealer certificate under ORS 822.040.
(c) A vehicle dealer commits the offense of failure to maintain
proper vehicle dealer records if the dealer does not keep records
or books with all of the following information concerning any
used or secondhand vehicles or campers the dealer deals with:
(A) A record of the purchase, sale or exchange or of the
dealer's receipt for purpose of sale.
(B) A description of the vehicle or camper.
(C) The name and address of the seller, the purchaser and the
alleged owner or other person from whom the vehicle or camper was
purchased or received or to whom it was sold or delivered.
(D) For motor vehicles, the vehicle identification number and
any other numbers or identification marks as may be thereon and a
statement that a number has been obliterated, defaced or changed,
if such is a fact.
(E) For trailers and campers, the vehicle identification number
and any other numbers or identification marks as may be thereon.
(F) A duly assigned certificate of title or other primary
ownership record or a bill of sale from the registered owner of
the vehicle or camper from the time of delivery to the dealer
until the dealer disposes of the vehicle or camper. If title is
issued for the vehicle in a form other than a certificate, or if
the primary ownership record is in a form other than a document,
a dealer shall keep records in accordance with rules adopted by
the Department of Transportation for the purpose of complying
with this subparagraph.
(d) A vehicle dealer commits the offense of failure to allow
administrative inspection if the dealer refuses to allow the
department to conduct an inspection under ORS 822.035 at any time
during normal business hours.
(e) A vehicle dealer commits the offense of failure to allow
police inspection if the dealer refuses to allow any police
officer to conduct an inspection under ORS 810.480 at any time
during normal business hours.
{ - (f) A vehicle dealer commits the offense of improper
dealer movement of a manufactured structure if the dealer moves a
manufactured structure on the highways of this state without
first obtaining a trip permit under ORS 803.600 and 820.560. - }
{ - (g) - } { + (f) + } A vehicle dealer commits the
offense of illegal use of dealer vehicle for hire if the dealer
allows any vehicle operated under vehicle dealer registration to
be loaned or rented with or without driver for hire or direct
compensation.
{ - (h) - } { + (g) + } A vehicle dealer commits the
offense of improper use of dealer plates or devices if the dealer
or employee of the dealer causes or permits the display or use of
any special vehicle dealer registration plate or device on any
vehicle not owned or controlled by the dealer.
{ - (i) - } { + (h) + } A person commits the offense of
improper display of dealer plates if the person operates over and
along the highways of this state any unregistered vehicle owned
or controlled by the dealer and any dealer plates issued are not
displayed in the manner provided in ORS 803.540 for the display
of registration plates.
{ - (j) - } { + (i) + } A vehicle dealer commits the
offense of failure to exhibit the dealer certificate if the
dealer fails to permanently exhibit the certificate at the place
of business of the person at all times while the certificate is
in force.
{ - (k) - } { + (j) + } A vehicle dealer commits the
offense of failure to provide clear title if, within 15 days of
transfer of any interest in a vehicle or camper to the dealer by
a person other than another vehicle dealer, or within 15 days of
obtaining clear title from another vehicle dealer, the dealer
fails to satisfy:
(A) The interest of any person from whom the dealer purchased
or obtained the vehicle or camper;
(B) The interest of any person from whom the person described
in subparagraph (A) of this paragraph leased the vehicle or
camper; and
(C) All security interests in the vehicle or camper entered
into prior to the time of transfer.
{ - (L) - } { + (k) + } Except as provided in subsection
(2) of this section, a vehicle dealer commits the offense of
failure to furnish certificate of title or application for title
if, within 90 calendar days of transfer of any interest in a
vehicle or camper by the dealer, the dealer has failed to:
(A) Furnish the certificate of title or other primary ownership
record for the vehicle or camper and any release thereon or, if
title has been issued or is to be issued in a form other than a
certificate, any information or documents required by rule of the
department, to the security interest holder next named, if any,
otherwise to the lessor or, if none, to the purchaser; or
(B) Submit to the department in a manner that complies with any
applicable statutes and rules, an application for title on behalf
of the person to whom the title is to be furnished or whose name
is to be shown on the title record.
{ - (m) - } { + (L) + } A vehicle dealer commits the
offense of failure to maintain bond or letter of credit coverage
if the dealer permits a bond or letter of credit to lapse during
the period that the bond or letter of credit is required under
ORS 822.020 or 822.040 or if the dealer fails to purchase a bond
or letter of credit required by ORS 822.030.
{ - (n) - } { + (m) + } A person commits the offense of
acting as a vehicle dealer while under revocation, cancellation
or suspension if the person conducts business as a vehicle dealer
in this state and the person's vehicle dealer certificate is
revoked, canceled or suspended, regardless of whether the person
is licensed as a vehicle dealer in another jurisdiction. This
paragraph does not apply if the person has other current, valid
dealer certificates issued in this state.
(2) A dealer shall not be considered to have committed the
offense described in subsection { - (1)(L) - } { + (1)(k) + }
of this section if the dealer demonstrates that:
(a) The dealer has made a good faith effort to comply; and
(b) The dealer's inability to provide title is due to
circumstances beyond the dealer's control.
(3) The offenses described in this section are subject to the
following penalties:
(a) The offense described in this section, failure to obtain a
supplemental vehicle dealer certificate, is a Class A
misdemeanor.
(b) The offense described in this section, failure to obtain a
corrected vehicle dealer certificate, is a Class A misdemeanor.
(c) The offense described in this section, failure to maintain
proper vehicle dealer records, is a Class A misdemeanor.
(d) The offense described in this section, failure to allow
administrative inspection, is a Class A misdemeanor.
(e) The offense described in this section, failure to allow
police inspection, is a Class A misdemeanor.
{ - (f) The offense described in this section, improper
dealer movement of a manufactured structure, is a Class B traffic
violation. - }
{ - (g) - } { + (f) + } The offense described in this
section, illegal use of dealer vehicle for hire, is a Class B
traffic violation.
{ - (h) - } { + (g) + } The offense described in this
section, improper use of dealer plates or devices, is a Class D
traffic violation.
{ - (i) - } { + (h) + } The offense described in this
section, improper display of dealer plates, is a Class B traffic
violation.
{ - (j) - } { + (i) + } The offense described in this
section, failure to exhibit the dealer certificate, is a Class A
misdemeanor.
{ - (k) - } { + (j) + } The offense described in this
section, failure to provide clear title, is a Class A
misdemeanor.
{ - (L) - } { + (k) + } The offense described in this
section, failure to furnish certificate of title or application
for title, is a Class A misdemeanor.
{ - (m) - } { + (L) + } The offense described in this
section, failure to maintain bond or letter of credit coverage,
is a Class A misdemeanor.
{ - (n) - } { + (m) + } The offense described in this
section, acting as a vehicle dealer while under revocation,
cancellation or suspension, is a Class A misdemeanor.
SECTION 132. ORS 822.046 is amended to read:
822.046. { + (1) As used in this section, 'controlled
substance' means a drug or its immediate precursor classified in
Schedule I or II under the federal Controlled Substances Act, 21
U.S.C. 811 to 812, as modified under ORS 475.035. + }
{ - (1) - } { + (2) + } A vehicle dealer shall inform a
potential buyer if the dealer has received written notice that
the vehicle to be sold to the buyer was used in the unlawful
manufacture of controlled substances prior to sale to the buyer.
Disclosure shall be in writing and shall be made to the buyer and
to any lender financing the purchase of the vehicle prior to
completion of the sale. Unless the vehicle is found fit for use
under ORS 453.885, the dealer shall also post a notice on the
vehicle stating that the vehicle was used in the unlawful
manufacture of controlled substances. { - This subsection does
not apply if the vehicle to be sold is a manufactured
dwelling. - }
{ - (2) As used in this section: - }
{ - (a) 'Controlled substance' means a drug or its immediate
precursor classified in Schedule I or II under the federal
Controlled Substances Act, 21 U.S.C. 811 to 812, as modified
under ORS 475.035. - }
{ - (b) 'Manufactured dwelling' has the meaning given in ORS
446.003. - }
SECTION 133. ORS 822.050 is amended to read:
822.050. (1) The Department of Transportation may revoke,
suspend or place on probation a vehicle dealer if the department
determines at any time for due cause that the dealer has done any
of the following:
(a) Violated any grounds for revocation, suspension or
probation adopted by the department by rule under ORS 822.035.
(b) Failed to comply with the requirements of the vehicle code
with reference to notices or reports of the transfer of vehicles
or campers.
{ - (c) Moved a manufactured structure or caused a
manufactured structure to be moved without complying with the
requirements for trip permits under ORS 820.560. - }
{ - (d) - } { + (c) + } Caused or suffered or is permitting
the unlawful use of any certificate or registration plates.
{ - (e) - } { + (d) + } Violated or caused or permitted to
be violated ORS 815.410, 815.415, 815.425 or 815.430.
{ - (f) - } { + (e) + } Falsely certified under ORS 822.033
that the dealer is exempt from the requirement under ORS 822.020
or 822.040 to file a certificate of insurance.
{ - (g) - } { + (f) + } Continued to fail to provide clear
title or repeatedly failed to provide clear title in violation of
ORS 822.045.
{ - (h) - } { + (g) + } Knowingly certified false
information required by the department on an application for a
vehicle dealer certificate, supplemental certificate or corrected
certificate.
(2) The department shall cancel a vehicle dealer certificate
immediately upon receipt of legal notice that the bond described
under ORS 822.030 is canceled.
(3) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that the certificate of
insurance required under ORS 822.033 is canceled.
(4) The department shall cancel a vehicle dealer certificate
immediately upon receipt of notice that zoning approval for the
business has been revoked.
(5) Upon revocation, cancellation or suspension of a vehicle
dealer certificate under this section, the department shall
recall and demand the return of the certificate and any vehicle
dealer plates issued.
SECTION 134. ORS 822.070 is amended to read:
822.070. (1) A person commits the offense of conducting an
illegal vehicle rebuilding business if the person is not the
holder of a valid current dealer certificate issued under ORS
822.020 and the person does any of the following as part of a
business:
(a) Buys, sells or deals in assembled, reconstructed or
substantially altered motor vehicles.
(b) Engages in making assembled, reconstructed or substantially
altered vehicles from motor vehicle components.
(2) This section does not apply to the following persons or
vehicles:
(a) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(b) Vehicles or persons exempt from the vehicle dealer
certificate requirements by ORS 822.015 (1) or { - (11) - }
{ + (10) + }.
(c) Motor vehicles that are not of a type required to be
registered under the vehicle code.
(d) The holder of a wrecker's license issued under ORS 822.110.
(3) The offense described in this section, conducting an
illegal vehicle rebuilding business, is a Class A misdemeanor.
SECTION 135. ORS 822.080 is amended to read:
822.080. (1) Civil penalties under ORS 822.009 { - or
822.075 - } shall be imposed in the manner provided in ORS
183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 { - or 822.075 - } :
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the
notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009
{ - or 822.075 - } shall be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3, chapter 849, Oregon Laws 1999.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected.
(5) All civil penalties received under ORS 822.009 { - or
822.075 - } shall be paid into the State Treasury each month and
credited to the Department of Transportation Operating Fund
established by ORS 184.642 (1) and (2).
SECTION 136. ORS 822.080, as amended by section 200, chapter
849, Oregon Laws 1999, and section 8, chapter 820, Oregon Laws
2001, is amended to read:
822.080. (1) Civil penalties under ORS 822.009 { - or
822.075 - } shall be imposed in the manner provided in ORS
183.090.
(2) An application for a hearing on a civil penalty imposed
under ORS 822.009 { - or 822.075 - } :
(a) Must be in writing;
(b) Must be postmarked or received by the Department of
Transportation within 20 days from the date of service of the
notice provided for in ORS 183.090;
(c) Must state the name and address of the person requesting a
hearing; and
(d) Must state the action being contested.
(3) Hearings on civil penalties imposed under ORS 822.009
{ - or 822.075 - } shall be conducted by a hearing officer
designated by the department.
(4) The department may, at its option, assign any unpaid civil
penalty to the Department of Revenue for collection. The
Department of Revenue shall deduct reasonable expenses from any
amounts collected.
(5) All civil penalties received under ORS 822.009 { - or
822.075 - } shall be paid into the State Treasury each month and
credited to the Department of Transportation Operating Fund
established by ORS 184.642 (1) and (2).
SECTION 137. ORS 822.105 is amended to read:
822.105. In addition to exemptions from the vehicle code under
ORS 801.026, ORS 822.100 does not apply to the following:
(1) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(2) Road rollers, farm tractors, trolleys or traction engines.
(3) Implements of husbandry, well-drilling machinery and
invalid chairs.
(4) Golf carts.
{ - (5) Manufactured dwellings. - }
SECTION 138. ORS 822.300 is amended to read:
822.300. (1) A person commits the offense of acting as a
vehicle transporter without a certificate if the person is not
the holder of a vehicle transporter certificate issued under ORS
822.310 and the person drives or tows { - any vehicle - } over
the highways of this state { + :
(a) A vehicle + } that is:
{ - (a) - } { + (A) + } Required to be registered under the
vehicle code;
{ - (b) - } { + (B) + } Driven or towed on its own wheels;
{ - (c) - } { + (C) + } Driven or towed from outside this
state or from a manufacturer or vehicle dealer within this state;
and
{ - (d) - } { + (D) + } Driven or towed to a prospective
purchaser, manufacturer or dealer or the agent thereof either in
this state or in any other state, territory or foreign country
{ - . - } { + ; or
(b) A manufactured structure. + }
(2) The offense described in this section does not apply to
persons or vehicles exempted from this section under ORS 822.305.
(3) The offense described in this section, acting as a vehicle
transporter without a certificate, is a Class D traffic
violation.
SECTION 139. ORS 822.310 is amended to read:
822.310. (1) The holder of a current, valid vehicle transporter
certificate issued under this section may exercise the following
privileges under this certificate:
(a) The person is not subject to the prohibitions and penalties
under ORS 822.300 while transporting vehicles as provided under
this section.
(b) The person is entitled to apply for and receive a
sufficient number of special vehicle transporter plates or
devices and may transport vehicles as provided under this section
while displaying the plate or device. Only one plate or device
shall be displayed on a vehicle. The plates or devices shall
require a fee for issuance as provided in ORS 805.250. A plate or
device issued under this paragraph may be used on any vehicle
transported by the person.
(c) The person may drive or tow on its own wheels over the
highways of this state any unregistered vehicle { + or
manufactured structure + } from outside this state or from
manufacturers or dealers within this state to a prospective
purchaser, manufacturer or dealer in this or any other state,
territory or foreign country. This paragraph only permits the
person to transport manufactured structures from the place of
manufacture to the place of business of a manufactured structure
dealer holding a { - certificate under ORS 822.020 - } { +
license under section 28 or 29 of this 2003 Act + } or to a place
outside of Oregon. Any other movement of a manufactured structure
by the person must be under a trip permit issued { - under ORS
803.600 - } { + by a county as agent for the Department of
Consumer and Business Services + }.
(2) The Department of Transportation shall provide for the
issuance and renewal of vehicle transporter certificates under
this section to persons regularly engaged in businesses that
require the certificates.
(3) Vehicle transporter certificates issued under this section
are subject to all of the following:
(a) A certificate described in this section is valid for a
one-year period and shall be renewed as provided by the
department.
(b) The department shall not issue a certificate to a person
until the fee for issuance of the certificate under ORS 822.700
is paid.
(4) The department may adopt necessary rules for the
administration of the laws relating to the regulation of vehicle
transporters, the issuance and renewal of vehicle transporter
certificates, the issuance of vehicle transporter identification
cards and the issuance of vehicle transporter plates. The rules
adopted under this subsection must be consistent with any rules
regarding vehicle transporters that are adopted under ORS chapter
825. The rules may include, but are not limited to, grounds and
procedures for the revocation, denial or suspension of vehicle
transporter certificates and for placing vehicle transporters on
probationary status.
(5) A person issued a certificate under this section is subject
to regulation under ORS chapter 825.
SECTION 140. ORS 822.700 is amended to read:
822.700. (1) Fee for issuance of a wrecker certificate under
ORS 822.110, $150.
(2) Fee for renewal of wrecker certificate under ORS 822.125,
$150.
(3) Fee for original issuance of vehicle dealer certificate
under ORS 822.020:
(a) { - Except as otherwise provided in paragraph (b) of this
subsection, - } $958, for a certificate covering a single place
of business;
{ - (b) $500, for a certificate covering a single place of
business if the person issued the certificate deals primarily in
manufactured dwellings; - }
{ - (c) Except as otherwise provided in paragraph (d) of this
subsection, - }
{ + (b) + }$230, for each additional place of business to be
covered by the certificate and operated under the same name; { +
and + }
{ - (d) $90, for each additional place of business to be
covered by the certificate and operated under the same name if
the person issued the certificate deals primarily in manufactured
dwellings; and - }
{ - (e) - } { + (c) + } $30, for each corrected vehicle
dealer certificate issued under ORS 822.040.
(4) Fee for renewal of vehicle dealer certificate under ORS
822.040:
(a) $958, for renewal of a vehicle dealer certificate covering
a single place of business; { + and + }
{ - (b) $500, for renewal of a certificate covering a single
place of business if the person issued the certificate deals
primarily in manufactured dwellings; - }
{ - (c) Except as otherwise provided in paragraph (d) of this
subsection, - }
{ + (b) + }$230, for each additional place of business to be
covered by the certificate and operated under the same
name { + . + } { - ; and - }
{ - (d) $90, for each additional place of business to be
covered by the certificate and operated under the same name if
the person issued the certificate deals primarily in manufactured
dwellings. - }
(5) Fee for issuance of towing business certificate under ORS
822.205, $17 for each vehicle used for towing or recovery
purposes.
(6) Fee for renewal of towing business certificate under ORS
822.210, $17 for each vehicle used for towing or recovery
purposes.
(7) Fee for issuance of vehicle transporter certificate under
ORS 822.310, $150.
(8) Fee for renewal of vehicle transporter certificate under
ORS 822.310, $150.
(9) Fee for issuance of driver training instructor certificate
under ORS 822.530, $100.
(10) Fee for renewal of driver training certificate under ORS
822.530, $100.
(11) Fee for issuance of commercial driver training school
certificate under ORS 822.515, $200.
(12) Fee for renewal of commercial driver training school
certificate under ORS 822.515, $200.
(13) Fee for issuance of appraiser certificate under ORS
819.230, $50.
(14) Fee for renewal of an appraiser certificate under ORS
819.230, $50.
SECTION 141. ORS 822.705 is amended to read:
822.705. Each person holding or applying for a current vehicle
dealer certificate shall pay a fee of $42 to the Department of
Transportation upon application for issuance or renewal of a
certificate. Moneys from the fee are continuously appropriated to
the department for the purpose of carrying out the provisions of
ORS 822.007, 822.009 { - , 822.075 - } and 822.080. The fee
imposed under this section is in addition to fees under ORS
822.700 for issuance and renewal of a vehicle dealer certificate.
SECTION 142. ORS 826.013 is amended to read:
826.013. (1) Vehicles registered under ORS 826.009, 826.011 or
826.031 are required to establish a registration weight.
(2) Registration weight is established for the following
purposes:
(a) The registration weight is the weight used in the
declaration of weight under ORS 826.015 to determine the
registration fees under ORS 826.017 and ORS 803.420 for vehicles
required to establish registration weight under this section.
(b) A vehicle that is required to establish registration weight
by this section is in violation of ORS 803.315 if the vehicle is
operated on a highway of this state at a weight in excess of the
registration weight except when carrying a load:
(A) Under the provisions of ORS 376.305 to 376.390;
(B) Of over 105,500 pounds combined weight under a variance
permit issued under ORS 818.200;
(C) Under a registration weight trip permit issued under ORS
803.600; or
(D) Consisting of towed motor vehicles.
(3) Registration weight is established at the time of
registration and whenever the vehicle has been altered or
reconstructed by furnishing a declaration of weight described
under ORS 826.015 that contains a statement of the maximum
combined gross weight at which the vehicle will be operated on
the highways of this state except when carrying loads described
under subsection (2)(b) of this section. The maximum registration
weight for any vehicle required to establish a registration
weight under this section is 105,500 pounds. Vehicles operating
at weights above 105,500 pounds will operate under a variance
permit issued under ORS 818.200.
(4) The weight of a camper { + , a trailing manufactured
structure + } or the following trailing vehicles should not be
included in the registration weight:
(a) Trailers with a loaded weight of 8,000 pounds or less.
(b) Special use trailers, travel trailers { - , manufactured
structures - } and fixed load vehicles.
(c) Towed motor vehicles.
{ +
REPEAL OF OREGON REVISED STATUTES + }
SECTION 143. { + ORS 308.253, 308.890, 801.332, 820.500,
820.510, 820.525, 820.530, 820.540, 820.550, 820.560, 820.580,
820.585, 820.587, 820.589, 820.591, 820.593 and 822.075 are
repealed. + }
{ +
APPLICABILITY + }
SECTION 144. { + (1) Except as provided in subsection (2) of
this section, sections 9 to 23 of this 2003 Act, the amendments
to Oregon Revised Statutes by sections 48 to 142 of this 2003 Act
and the repeal of Oregon Revised Statutes by section 143 of this
2003 Act do not apply to expand, diminish or alter the rights or
remedies available, prior to the operative date of sections 9 to
23 of this 2003 Act, to a creditor who perfected a security
interest in a manufactured structure prior to the operative date
of sections 9 to 23 of this 2003 Act.
(2) If the Department of Consumer and Business Services issues
an ownership document for a manufactured structure that was
previously issued a certificate of title by the Department of
Transportation, the Department of Consumer and Business Services
shall record in the department's records and note on the
ownership document any unreleased secured interest that was noted
on the certificate of title. A secured interest described in this
subsection retains the original perfection date of the interest,
but provides the same creditor rights and remedies available for
a secured interest in personal property perfected under section
18 (1) of this 2003 Act. + }
{ +
OPERATIVE DATE + }
SECTION 145. { + (1) Sections 1 to 33 and 36 to 47 of this
2003 Act, the amendments to Oregon Revised Statutes by sections
48 to 142 of this 2003 Act and the repeal of Oregon Revised
Statutes by section 143 of this 2003 Act become operative on July
1, 2004.
(2) The Director of Transportation and the Director of the
Department of Consumer and Business Services may adopt rules and
take any other actions prior to July 1, 2004, that they deem
reasonable to facilitate the transfer described in section 1 of
this 2003 Act on July 1, 2004, and to facilitate the
administration and enforcement, on and after July 1, 2004, of
sections 8 to 43 of this 2003 Act by the Department of Consumer
and Business Services and sections 45 and 46 of this 2003 Act by
the Department of Transportation. + }
{ +
CAPTIONS + }
SECTION 146. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
{ +
EMERGENCY + }
SECTION 147. { + 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. + }
----------