73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1578
House Bill 2420
Sponsored by Representative KRUMMEL
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.
Directs Department of Transportation to adopt rules to ensure
applicant for vehicle dealer certificate is same person who
completed required education and test.
A BILL FOR AN ACT
Relating to education requirements for motor vehicle dealers;
amending ORS 822.027.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 822.027 is amended to read:
822.027. (1) Except as provided in subsection (2) of this
section, the following education requirements apply to an
applicant for a vehicle dealer certificate under ORS 822.020 or
822.040:
(a) An applicant for a vehicle dealer certificate under ORS
822.020 must complete a minimum of eight hours of approved
education programs described in subsection (4) of this section
and pass a test prior to submitting an application for the
certificate; and
(b) An applicant for a renewal certificate under ORS 822.040
must complete a minimum of five hours per year in a licensing
period of approved continuing education programs described in
subsection (4) of this section prior to submitting an application
for the renewal certificate.
(2) The education requirements in subsection (1)(a) of this
section do not apply to an applicant for a vehicle dealer
certificate under ORS 822.020 or 822.040 if, at the time of
application, the applicant holds another certificate issued under
ORS 822.020 or 822.040.
(3) The continuing education requirements of subsection (1)(b)
of this section do not apply to an applicant for renewal of a
vehicle dealer certificate under ORS 822.040 if the applicant is:
(a) A dealer having a franchise in this state for nationally
advertised and recognized motor vehicles;
(b) A dealer having a franchise in this state for new
recreational vehicles;
(c) A motor vehicle rental company having a national franchise
under the ownership of a corporation that operates throughout the
United States;
(d) A dealer that primarily sells manufactured dwellings; or
(e) A national auction company that holds a vehicle dealer
certificate and a wrecker certificate whose primary activity in
this state is the sale or disposition of totaled vehicles.
(4) Education programs and the test required in subsection (1)
of this section may be developed by any motor vehicle industry
organization including, but not limited to, the Oregon
Independent Auto Dealers Association and shall be submitted to
the advisory committee established under ORS 802.370 for
approval. The committee shall approve any program or test that
pertains to the motor vehicle industry and includes state and
federal law in at least the following areas:
(a) Motor vehicle advertising;
(b) Odometer laws and regulations;
(c) Vehicle licensing and registration;
(d) Unlawful dealer activities;
(e) Environmental rules and regulations;
(f) Oregon and industry standard motor vehicle forms;
(g) Truthful lending practices;
(h) Motor vehicle financing;
(i) Service and warranty contracts; and
(j) Land use regulations governing motor vehicle dealers.
(5) Education programs and the test required in subsection (1)
of this section may be provided by accredited educational
institutions, private vocational schools, correspondence schools
or trade associations if the education programs and test have
been approved by the advisory committee established under ORS
802.370 as required in subsection (4) of this section.
{ + (6) The Department of Transportation in consultation with
the advisory committee established under ORS 802.370 shall adopt
rules to ensure that the person completing the educational
requirements and test required under subsection (1)(a) of this
section is in fact the applicant applying for a vehicle dealer
certificate under ORS 822.020. The rules may include, but not be
limited to, requiring providers of the educational programs and
tests to verify the identification of the person completing the
educational requirements or test. + }
SECTION 2. ORS 822.027, as amended by section 127, chapter 655,
Oregon Laws 2003, is amended to read:
822.027. (1) Except as provided in subsection (2) of this
section, the following education requirements apply to an
applicant for a vehicle dealer certificate under ORS 822.020 or
822.040:
(a) An applicant for a vehicle dealer certificate under ORS
822.020 must complete a minimum of eight hours of approved
education programs described in subsection (4) of this section
and pass a test prior to submitting an application for the
certificate; and
(b) An applicant for a renewal certificate under ORS 822.040
must complete a minimum of five hours per year in a licensing
period of approved continuing education programs described in
subsection (4) of this section prior to submitting an application
for the renewal certificate.
(2) The education requirements in subsection (1)(a) of this
section do not apply to an applicant for a vehicle dealer
certificate under ORS 822.020 or 822.040 if, at the time of
application, the applicant holds another certificate issued under
ORS 822.020 or 822.040.
(3) The continuing education requirements of subsection (1)(b)
of this section do not apply to an applicant for renewal of a
vehicle dealer certificate under ORS 822.040 if the applicant is:
(a) A dealer having a franchise in this state for nationally
advertised and recognized motor vehicles;
(b) A dealer having a franchise in this state for new
recreational vehicles;
(c) A motor vehicle rental company having a national franchise
under the ownership of a corporation that operates throughout the
United States; or
(d) A national auction company that holds a vehicle dealer
certificate and a wrecker certificate whose primary activity in
this state is the sale or disposition of totaled vehicles.
(4) Education programs and the test required in subsection (1)
of this section may be developed by any motor vehicle industry
organization including, but not limited to, the Oregon
Independent Auto Dealers Association and shall be submitted to
the advisory committee established under ORS 802.370 for
approval. The committee shall approve any program or test that
pertains to the motor vehicle industry and includes state and
federal law in at least the following areas:
(a) Motor vehicle advertising;
(b) Odometer laws and regulations;
(c) Vehicle licensing and registration;
(d) Unlawful dealer activities;
(e) Environmental rules and regulations;
(f) Oregon and industry standard motor vehicle forms;
(g) Truthful lending practices;
(h) Motor vehicle financing;
(i) Service and warranty contracts; and
(j) Land use regulations governing motor vehicle dealers.
(5) Education programs and the test required in subsection (1)
of this section may be provided by accredited educational
institutions, private vocational schools, correspondence schools
or trade associations if the education programs and test have
been approved by the advisory committee established under ORS
802.370 as required in subsection (4) of this section.
{ + (6) The Department of Transportation in consultation with
the advisory committee established under ORS 802.370 shall adopt
rules to ensure that the person completing the educational
requirements and test required under subsection (1)(a) of this
section is in fact the applicant applying for a vehicle dealer
certificate under ORS 822.020. The rules may include, but not be
limited to, requiring providers of the educational programs and
tests to verify the identification of the person completing the
educational requirements or test. + }
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