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 2578
Senate Bill 574
Sponsored by Senator CORCORAN
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.
Requires Department of Transportation to conduct criminal
records check of person applying for or renewing towing business
certificate or wrecker certificate. Prohibits issuance or renewal
of certificate to person with felony conviction.
A BILL FOR AN ACT
Relating to vehicle businesses; creating new provisions; and
amending ORS 822.110, 822.125, 822.145, 822.205 and 822.215.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2003 Act are added to
and made a part of ORS chapter 822. + }
SECTION 2. { + (1) The Department of Transportation shall
conduct a criminal records check, as provided in section 3 of
this 2003 Act, of each person who applies for or renews:
(a) A towing business certificate.
(b) A wrecker certificate.
(2) The department shall establish by rule the fee for
conducting a criminal records check of each person described in
subsection (1) of this section. The fee may not exceed the actual
cost of the criminal records check.
(3) The department shall require each person described in
subsection (1) of this section to furnish a fingerprint card for
use in the criminal records check. + }
SECTION 3. { + (1) Upon the request of the Department of
Transportation, and in compliance with procedures adopted by the
Department of State Police under ORS 181.555, the Department of
State Police shall furnish to the Department of Transportation
information on a person described in section 2 of this 2003 Act
that the Department of State Police has in its possession from
its central bureau of criminal identification, including but not
limited to manual or computerized criminal offender information.
(2)(a) The Department of State Police shall conduct a
nationwide criminal records check of a person described in
section 2 of this 2003 Act through the Federal Bureau of
Investigation by use of that person's fingerprints, and shall
report the results to the Department of Transportation.
(b) The Federal Bureau of Investigation shall either return or
destroy the fingerprint cards used to conduct a criminal records
check under paragraph (a) of this subsection and may not keep any
record of the fingerprints. The Department of State Police may
not transfer to the Federal Bureau of Investigation the
fingerprint card used to conduct a criminal records check unless
the bureau agrees to destroy the fingerprint card or return the
fingerprint card to the Department of State Police.
(c) If the Federal Bureau of Investigation returns a
fingerprint card to the Department of State Police, the
Department of State Police shall return the fingerprint card to
the Department of Transportation. The Department of
Transportation shall destroy the card and may not keep a record
of the fingerprints. + }
SECTION 4. { + (1) Each person who applies for issuance or
renewal of a towing business certificate or a wrecker certificate
shall pay the fee determined by the Department of Transportation
under section 2 of this 2003 Act for a criminal records check.
(2) The fee imposed by this section is in addition to fees
imposed under ORS 822.700 for issuance and renewal of a towing
business certificate and a wrecker certificate. + }
SECTION 5. ORS 822.205 is amended to read:
822.205. The Department of Transportation shall issue a towing
business certificate to any person { - if the person - }
{ + who + } meets all of the following requirements to the
satisfaction of the department:
(1) { - The person must complete - } { + Completes + } an
application in a form and in the manner established by the
department by rule.
(2) { - The person must maintain - } { + Maintains + }
insurance in amounts and providing coverage of the type required
for motor carriers under ORS chapter 825. The department may
accept the certification of the person as evidence of compliance
with this subsection or may require other evidence, as the
department determines appropriate.
(3) { - The person must maintain - } { + Maintains + }
insurance providing $15,000 coverage for cargo transported by the
person. An applicant is not required to comply with this
subsection if the applicant tows or recovers only vehicles that
are owned by the applicant. The department may accept the
certification of the person as evidence of compliance with this
subsection or may require other evidence, as the department
determines appropriate.
(4) { - The person must maintain - } { + Maintains + }
vehicles used by the person for the purposes of towing or
recovering services so that they meet minimum safety standards
established by the department by rule. The department may accept
the certification of the person as evidence of compliance with
this subsection or may require other evidence, as the department
determines appropriate.
(5) { - The person must pay the fee - } { + Pays the
fees + } required under { + : + }
{ + (a) + } ORS 822.700 for issuance of a towing business
{ - license - } { + certificate + } { + ; and
(b) Section 4 of this 2003 Act for a criminal records
check + }.
{ + (6) Has no felony convictions within 10 years preceding
the application for a certificate. + }
SECTION 6. ORS 822.215 is amended to read:
822.215. { + (1) + } The Department of Transportation may deny
or refuse to issue any towing business certificate under ORS
822.205 or may suspend, revoke or refuse to renew any towing
business certificate issued upon proof that the applicant for or
holder of the certificate { - has done any of the following - }
:
{ - (1) - } { + (a) + } Used fraud or deception in securing
the certificate.
{ - (2) - } { + (b) + } Received in any manner or by any
device any rebate or other additional fee for towing or recovery
from a person who performs repairs on a vehicle who does not also
own the vehicle. This subsection does not prohibit the payment
of the towing fee by a person who performs repairs on a vehicle
if the fee is included in the charges by that person for repairs
on the vehicle.
{ - (3) - } { + (c) + } { - Uses - } { + Used + }
vehicles for the purposes of towing or recovering services that
do not meet the minimum safety standards established by the
department.
{ - (4) - } { + (d) + } { - Fails - } { + Failed + } to
display special towing business registration plates, stickers or
indicia or identification devices for proportionally registered
tow vehicles authorized under ORS 805.200 on each vehicle used to
tow or recover vehicles.
{ - (5) - } { + (e) + } { - Fails - } { + Failed + } to
maintain the amounts and types of insurance required to qualify
for issuance of a towing business certificate under ORS 822.205.
{ - (6) - } { + (f) + } { - Fails - } { + Failed + } to
obtain any permits or authority required under any provision of
ORS chapter 825 or rules adopted thereunder.
{ + (2) The department may not issue a towing business
certificate to a person who has been convicted of a felony within
10 years preceding the date of the application for the towing
business certificate. + }
SECTION 7. ORS 822.110 is amended to read:
822.110. The Department of Transportation shall issue a wrecker
certificate to any person if the person meets all of the
following requirements:
(1) The person must establish that the area approved under the
wrecker certificate for use in the wrecking business meets one of
the following criteria:
(a) The area is more than 1,100 feet from the nearest edge of
the right of way of any state highway.
(b) The business conducted within the area is hidden or
adequately screened by the terrain or other natural objects or by
plantings, fences or other appropriate means, so as not to be
visible from the main traveled way of the highway, in accordance
with rules adopted by the Director of Transportation.
(c) The area and the business thereon are located in an area
zoned for industrial use under authority of the laws of this
state.
(2) The person must pay the fee required under { + : + }
{ + (a) + } ORS 822.700 for issuance of a wrecker
certificate.
{ + (b) Section 4 of this 2003 Act for a criminal records
check. + }
(3) The person must complete the application for a wrecker
certificate described under ORS 822.115.
(4) The person must deliver to the department any approvals by
local governments required under ORS 822.140.
(5) The person must deliver to the department a bond or letter
of credit that meets the requirements of ORS 822.120.
{ + (6) The person must not have been convicted of a felony
within 10 years preceding the date of the application for a
wrecker certificate. + }
SECTION 8. ORS 822.125 is amended to read:
822.125. (1) The holder of a current, valid wrecker certificate
issued under ORS 822.110 is not subject to the prohibitions and
penalties under ORS 822.100 as long as the holder's wrecking
business is conducted in the location approved under the
certificate.
(2) The holder of a wrecker certificate may expand the
dimensions or move a place of business approved under the wrecker
certificate or open an additional place of business under the
certificate upon issuance of a supplemental wrecker certificate
by the Department of Transportation. The following apply to
supplemental certificates issued under this subsection:
(a) The department shall grant a supplemental certificate upon
request of an applicant under this subsection if the applicant
obtains local government permission for the supplemental
certificate under ORS 822.140.
(b) Upon application for renewal of the supplemental
certificate, the department may waive the requirement that an
applicant for renewal under this subsection obtain local
government approval under ORS 822.140 of the suitability of the
applicant to establish, maintain or operate a wrecking yard or
business.
(c) No fee shall be charged for a supplemental wrecker
certificate under this subsection.
(3) A wrecker certificate is valid for a one-year period and
may be renewed as provided by the department. The department
{ - shall - } { + may + } only renew the certificate of any
certificate holder who { - does all of the following - } :
(a) Pays the required annual fee for renewal under ORS 822.700.
(b) Completes the application described in ORS 822.115.
(c) Obtains local government approval under ORS 822.140. The
department may waive the requirement that an applicant for
renewal obtain local government approval under ORS 822.140 of the
suitability of the applicant to establish, maintain or operate a
wrecking yard or business.
(d) { - Maintain - } { + Maintains + } a current bond that
meets the requirements under ORS 822.120.
{ + (e) Has not been convicted of a felony within 10 years
preceding the date of the application for a renewal
certificate. + }
(4) The department may provide the holder of a wrecker
certificate with identification cards in the names of the owners
of the business or in the names of authorized employees of the
business.
(5) The department may adopt suitable rules for the issuance
and renewal of wrecker certificates and identification cards.
SECTION 9. ORS 822.145 is amended to read:
822.145. (1) The Department of Transportation may revoke any
wrecker certificate issued under ORS 822.110 or identification
card issued under ORS 822.125 if the department determines at any
time for due cause that any of the following have occurred:
(a) The person holding the certificate has failed to comply
with any requirements for registration of vehicles under the
vehicle code.
(b) The person holding the certificate has violated ORS
803.140, 819.010, 819.012, 819.016, 819.040 or 822.135.
(c) The person holding the certificate has caused or suffered
or is permitting the unlawful use of the wrecker certificate.
(d) The premises where the wrecking business is conducted no
longer has access to any adjacent highway from the place where
the wrecking business is conducted.
(e) Any highway adjacent to the premises where the wrecking
business is conducted does not have public parking available.
(f) The person holding the certificate has violated any
regulation adopted under ORS 822.135.
(g) The person holding the certificate has failed to allow the
department to conduct inspections as provided under ORS 822.130.
(h) The person holding the certificate has failed to supply the
certification concerning highway access and public parking or has
violated the requirements of such certification.
(i) The person holding an identification card has unlawfully
used or permitted unlawful use of the card.
(2) The department shall cancel or suspend any wrecker
certificate immediately upon receipt of { + :
(a) + } Legal notice that the bond described under ORS 822.120
is canceled.
{ + (b) Notice that the holder of the certificate has been
convicted of a felony within the past 10 years. + }
(3) Upon revocation, cancellation or suspension of a wrecker
certificate or identification card under this section, the
department shall recall and demand the return of the certificate
or identification card.
SECTION 10. { + Sections 2 to 4 of this 2003 Act and the
amendments to ORS 822.110, 822.125, 822.145, 822.205 and 822.215
by sections 5 to 9 of this 2003 Act apply to applications for
issuance or renewal of certificates filed on or after the
effective date of this 2003 Act. + }
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