74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1949
B-Engrossed
House Bill 2435
Ordered by the Senate June 6
Including House Amendments dated May 8 and Senate Amendments
dated
June 6
Sponsored by Representative GARRARD; Representative SCHAUFLER (at
the request of Auto Appraisers of Oregon)
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.
{ - Establishes two types of vehicle appraiser
certificates. - } { + Defines 'vehicle appraiser' for purposes
of vehicle code. + }
Creates offense of acting as vehicle appraiser without
certificate. Punishes by fine not exceeding $720.
A BILL FOR AN ACT
Relating to vehicle appraiser certificates; creating new
provisions; and amending ORS 819.230 and 822.700.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) A person commits the offense of acting as a
vehicle appraiser without a certificate if the person does not
hold a vehicle appraiser certificate issued under ORS 819.230 and
the person, for consideration, issues an opinion as to the value
of a vehicle.
(2) This section does not apply to:
(a) A person who holds a vehicle dealer certificate issued or
renewed under ORS 822.020 or 822.040 and who appraises vehicles
in the operation of the vehicle dealer's business;
(b) A person from another jurisdiction who holds a vehicle
appraiser certificate requiring qualifications substantially
similar to qualifications required for the certification of a
vehicle appraiser in this state;
(c) An insurance adjuster authorized to do business under ORS
744.505 or 744.515; or
(d) A person licensed or certified to appraise real estate
under ORS 674.310 and who appraises the value of manufactured
structures.
(3) The offense described in this section, acting as a vehicle
appraiser without a certificate, is a Class A violation. + }
SECTION 3. { + ' Vehicle appraiser' means an individual who
has been issued a vehicle appraiser certificate under ORS 819.230
and who, for consideration, issues opinions as to the value of
vehicles. + }
SECTION 4. ORS 819.230 is amended to read:
819.230. (1) A person who is issued { - an - } { + a
vehicle + }appraiser certificate by the Department of
Transportation under this section is qualified to appraise
{ + any vehicle, including + } vehicles for sale under ORS
819.210 and 819.220.
(2) The department shall establish rules to provide for
issuance of { + vehicle + } appraiser certificates under this
section. Rules adopted by the department under this section
shall provide for all of the following:
(a) A method of ascertaining the qualifications and competence
of individuals to conduct vehicle appraisals in accordance with
the rules of the department and generally accepted methods of
appraisal.
(b) A system for issuance of { + vehicle + } appraiser
certificates to persons who qualify under the rules of the
department.
(c) Procedures and grounds for revocation or suspension of
{ + vehicle + } appraiser certificates issued under this
section if the department determines the person holding the
certificate has violated the rules adopted by the department.
(d) A procedure for renewal of { + vehicle + } appraiser
certificates issued under this section.
{ + (3) The department may establish rules to adopt
educational requirements for issuance or renewal of vehicle
appraiser certificates. + }
{ - (3) - } { + (4) Vehicle + } appraiser certificates
issued under this section are subject to the following:
(a) A certificate shall expire { - two - } { + three + }
years from the date of issuance unless renewed according to the
rules of the department.
(b) The department shall not issue { - an - } { + a
vehicle + } appraiser certificate to a person until the person
has paid the fee for issuance of { - an - } { + a vehicle + }
appraiser certificate under ORS 822.700.
(c) The department shall not renew { - an - } { + a
vehicle + } appraiser certificate issued under this section until
the holder has paid the fee for renewal of { - an - } { + a
vehicle + } appraiser certificate under ORS 822.700.
SECTION 5. ORS 822.700 is amended to read:
822.700. (1) Fee for issuance of dismantler certificates:
(a) $450, for an original dismantler certificate covering a
single place of business issued under ORS 822.110;
(b) $90, for a supplemental certificate for each additional
place of business to be covered by that certificate and operated
under the same name; and
(c) $30, for each duplicate dismantler certificate issued under
ORS 822.110.
(2) Fee for renewal of dismantler certificate under ORS
822.125, $450.
(3) Fee for original issuance of vehicle dealer certificate
under ORS 822.020:
(a) $958, for a certificate covering a single place of
business;
(b) $230, for each additional place of business to be covered
by the certificate and operated under the same name; and
(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) $230, for each additional place of business to be covered
by the certificate and operated under the same name.
(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 { + vehicle + } appraiser certificate
under ORS 819.230, { - $50 - } { + $75 + }.
(14) Fee for renewal of { - an - } { + vehicle + }
appraiser certificate under ORS 819.230, { - $50 - } { +
$75 + }.
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