75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 961
 
LC 3257/SB 961-8
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 961
 
           By COMMITTEE ON BUSINESS AND TRANSPORTATION
 
                              May 8
 
  In line 2 of the printed bill, delete 'amending ORS 811.147.'
and insert 'creating new provisions; and amending ORS 810.480,
822.100, 822.110, 822.115, 822.120, 822.125, 822.130, 822.135,
822.137, 822.140, 822.145 and 822.700 and section 21, chapter
654, Oregon Laws 2005.
  ' Whereas Oregon has been a pacific wonderland from its
earliest days of inhabitation by native tribes, through the early
explorations of George Vancouver, James Cook, William Clark,
Meriwether Lewis, Jedediah Smith, Thomas Condon and others, up to
and including the establishment and flourishing of the State of
Oregon itself; and
  ' Whereas the colorful history of Oregon's tribal occupation,
exploration, geography, geology and economy deserves to be known
by the state's citizenry; and
  ' Whereas understanding the influence of technological
innovation, the role of beliefs in shaping family life, the
genius and folly of early transportation, settlement, labor,
industry, agriculture, fishing, mining and immigration are
critical to the understanding of our present ways of life; and
  ' Whereas Oregon's mountains, valleys, deserts, rivers and
ocean shores are priceless assets; and
  ' Whereas efforts to describe, illustrate and appreciate the
work and sacrifices of our Oregon ancestors are key to preserving
state resources and ensuring prosperity and the pursuit of
happiness for future generations of Oregonians; and
  ' Whereas 'Pacific Wonderland' registration plates, issued
during the centennial year of 1959 and continuing to 1964, are a
unique part of Oregon history; and
  ' Whereas thousands of Oregon schoolchildren, adults, and
visitors come to the State Capitol in Salem each year to learn
about Oregon and its government, making the State Capitol one of
Oregon's premier educational resources; and
  ' Whereas the addition of an Oregon History Center within the
State Capitol building or in a structure on the grounds of the
State Capitol State Park would be a significant benefit to good
citizenship, ensuring wisdom in future decision-making by
Oregon's citizenry and its government; and
  ' Whereas the Legislative Assembly should recreate a limited
edition of Oregon's historic Pacific Wonderland registration
plate in this sesquicentennial year, with proceeds to be devoted
to the purpose of establishing an Oregon History Center at the
State Capitol or on the grounds of the State Capitol State Park;
now, therefore,'.
  Delete lines 4 through 14 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 and 3 of this 2009 Act
are added to and made a part of the Oregon Vehicle Code. + }
  '  { +  SECTION 2. + }  { + (1) The Department of
Transportation shall establish a Pacific Wonderland registration
plate program to issue special registration plates called
'Pacific Wonderland registration plates' upon request to owners
of motor vehicles registered under the provisions of ORS 803.420
(1). In addition, the department may adopt rules for issuance of
Pacific Wonderland registration plates for vehicles not
registered under the provisions of ORS 803.420 (1).
  ' (2) In addition to any other fee authorized by law, for each
set of Pacific Wonderland registration plates issued under
subsection (1) of this section, the department shall collect a
surcharge of $100 payable when the plates are issued. The
department shall transfer the moneys from the surcharge as
provided in section 3 of this 2009 Act.
  ' (3) Notwithstanding ORS 803.530, Pacific Wonderland
registration plates may be transferred from vehicle to vehicle if
the department stops issuing the plates, as long as the plates
are not so old, damaged, mutilated or otherwise rendered
illegible as to be not useful for purposes of identification.
  ' (4) The department shall limit the total number of Pacific
Wonderland registration plates to 25,000 sets of plates.
  ' (5) Notwithstanding ORS 805.202, until the department has
issued 25,000 set of plates under this section, the department
may issue four kinds of special registration plates at any one
time. + }
  '  { +  SECTION 3. + }  { + (1) After deduction of the cost of
administration of the Pacific Wonderland registration plate
program, the Department of Transportation shall transfer moneys
from the surcharge imposed by section 2 of this 2009 Act to the
Oregon State Capitol Foundation for the purpose of establishing
and maintaining an Oregon History Center at the State Capitol or
on the grounds of the State Capitol State Park.
  ' (2) As used in this section, the cost of administration of
the Pacific Wonderland registration plate program is the sum of
all department expenses for the issuance or transfer of Pacific
Wonderland registration plates under section 2 of this 2009 Act
that are above the normal costs of issuing, renewing and
transferring registration plates in the normal course of the
business of the department. These expenses include, but are not
limited to, the costs of collecting the Pacific Wonderland
registration plate surcharge and transferring Pacific Wonderland
registration plates. + }
  '  { +  SECTION 4. + }  { + (1) Notwithstanding ORS 184.642,
the Department of Transportation may pay an amount up to $150,000
from the Department of Transportation Operating Fund for expenses
incurred in initiating the Pacific Wonderland registration plate
program established in section 2 of this 2009 Act, including but
not limited to registration plate design, computer programming
and production setup. Any portion of the amount paid that is not
used for initiating the Pacific Wonderland registration plate
program shall be transferred to the account established under
subsection (2) of this section.
  ' (2) Notwithstanding section 3 of this 2009 Act, after
deduction of the cost of administration of the Pacific Wonderland
registration plate program, the department shall transfer the
moneys from the surcharge imposed by section 2 of this 2009 Act
to an account in the Department of Transportation Operating Fund
until sufficient funds have accumulated for the purpose described
in subsection (3) of this section.
  ' (3) When the department determines that moneys in sufficient
amount are available in the account established under subsection
(2) of this section, the department shall reimburse the
Department of Transportation Operating Fund, without interest, in
an amount equal to the amount paid from the Department of
Transportation Operating Fund for the costs of initiating the
Pacific Wonderland registration plate program.
  ' (4) Any moneys remaining in the account established under
subsection (2) of this section after deduction of the
reimbursement required under subsection (3) of this section shall
be transferred to the Oregon State Capitol Foundation for the
purpose of establishing and maintaining an Oregon History Center
at the State Capitol. + }
  '  { +  SECTION 5. + }  { + (1) The Department of
Transportation shall use as a design for the plates issued under
section 2 of this 2009 Act a design similar to the Pacific
Wonderland registration plate that was created as a result of
section 2, chapter 15, Oregon Laws 1959, with recognition of
Oregon's 150th birthday.
  ' (2) Except as otherwise required by the design specified in
subsection (1) of this section, Pacific Wonderland registration
plates shall comply with the requirements of ORS 803.535. + }
  '  { +  SECTION 6. + } ORS 810.480 is amended to read:
  ' 810.480. (1) A police officer, during normal business hours,
may inspect the records a vehicle dealer is required to keep
under ORS 822.045 and vehicles included in the inventory or
located on the premises of a dealer issued a certificate under
ORS 822.020. The inspections shall be limited in scope to that
necessary to determine compliance with the regulation of dealers
under the vehicle code and with vehicle title and registration
provisions under the vehicle code and for the purposes of
identifying stolen vehicles.
  ' (2) A police officer,   { - at any time - }  { +  during
normal business hours + }, may inspect the books, records and
inventory of and premises used by any business issued a
certificate under ORS 822.110 for the purpose of determining
whether the provisions relating to the regulation of dismantlers,
rules adopted by the Department of Transportation relating to the
regulation of dismantlers and laws relating to licensing, titling
and wrecking of vehicles are being complied with.   { - Every
business issued a certificate under ORS 822.110 shall be
inspected not less than two times each year. - }
  '  { +  SECTION 7. + } ORS 822.100 is amended to read:
  ' 822.100. (1) A person commits the offense of conducting a
motor vehicle dismantling business without a certificate if the
person performs any actions of a dismantler and is not the holder
of a valid, current dismantler certificate issued under ORS
822.110.
  ' (2) The offense described in this section does not apply to
persons or vehicles exempted from this section under ORS 822.105.
  ' (3) The offense described in this section, conducting a motor
vehicle dismantling business without a certificate, is a Class A
misdemeanor.
  ' (4) In addition to the penalty described in subsection (3) of
this section, the Department of Transportation may impose a civil
penalty of not more than   { - $5,000 - }  { +  $1,000 per
vehicle + } on a person who conducts a motor vehicle dismantling
business without a certificate. A civil penalty under this
subsection shall be imposed in the manner provided in ORS
183.745.
  '  { +  SECTION 8. + }  { + Sections 9 to 13 of this 2009 Act
are added to and made a part of the Oregon Vehicle Code. + }
  '  { +  SECTION 9. + }  { + (1) The holder of a dismantler
certificate may expand the dimensions of a place of business,
move a place of business, change the business ownership, change
the business ownership structure or change a business name by
obtaining a corrected certificate from the Department of
Transportation.
  ' (2) The department may issue a corrected certificate if the
dismantler:
  ' (a) Completes the application for a corrected certificate
described in ORS 822.115;
  ' (b) Pays the fee required under ORS 822.700 for issuance of a
corrected certificate;
  ' (c) Complies with the requirements for issuance of a
dismantler certificate under ORS 822.110; and
 
  ' (d) Pays any civil penalty levied against the dismantler by
the department. + }
  '  { +  SECTION 10. + }  { + (1) The holder of a dismantler
certificate may open an additional place of business under the
certificate upon issuance of a supplemental certificate by the
Department of Transportation.
  ' (2) Each additional place of business covered by a
supplemental certificate must be operated under the same name as
the primary dismantler certificate issued under ORS 822.110.
  ' (3) The department may issue a supplemental certificate if
the dismantler:
  ' (a) Completes the application for a supplemental certificate
described in ORS 822.115;
  ' (b) Pays the fee required under ORS 822.700 for issuance of a
supplemental certificate;
  ' (c) Obtains local government approval under ORS 822.140 for
the additional location;
  ' (d) Maintains a current bond or letter of credit that meets
the requirements under ORS 822.120; and
  ' (e) Pays any civil penalties levied against the dismantler by
the department.
  ' (4) A supplemental certificate expires at the same time the
primary dismantler certificate, issued under ORS 822.110,
expires.  A dismantler shall renew a supplemental certificate at
the same time as the dismantler renews the dismantler
certificate.
  ' (5) The department may renew a supplemental certificate if
the dismantler:
  ' (a) Completes the application described in ORS 822.115;
  ' (b) Pays the fee required under ORS 822.700 for renewal of a
supplemental certificate;
  ' (c) Maintains a current bond or letter of credit that meets
the requirements under ORS 822.120; and
  ' (d) Pays any civil penalties levied against the dismantler by
the department. + }
  '  { +  SECTION 11. + }  { + (1) The Department of
Transportation may renew a dismantler certificate if a person
does all of the following:
  ' (a) Completes the application described in ORS 822.115;
  ' (b) Pays the fee required under ORS 822.700 for renewal of a
dismantler certificate;
  ' (c) Maintains a current bond or letter of credit that meets
the requirements under ORS 822.120; and
  ' (d) Pays any civil penalty levied against the person by the
department.
  ' (2) The department may refuse to renew a certificate if the
person applying for renewal does not meet the requirements for
issuance of a certificate under ORS 822.110.
  ' (3) The department may adopt rules for the renewal of
dismantler certificates. + }
  '  { +  SECTION 12. + }  { + (1) The Department of
Transportation may provide the holder of a dismantler certificate
with identification cards in the names of the owners of the
business or in the names of authorized employees of the business.
  ' (2) The department may adopt rules for the issuance of
identification cards. + }
  '  { +  SECTION 13. + }  { + (1) In addition to any other
remedies provided by law, the Department of Transportation may
petition the circuit court to enjoin a person from acting as a
dismantler in violation of the Oregon Vehicle Code or any rule
adopted by the department.
  ' (2) A single act in violation of the provisions of the Oregon
Vehicle Code or of any rules adopted by the department relating
to dismantlers shall be sufficient grounds for the court to issue
the injunction.
 
  ' (3) In addition to issuing an injunction, the court may
assess a penalty not to exceed $15,000 if the department proves
by a preponderance of the evidence that a person is acting as a
dismantler without possessing a dismantler certificate. The court
shall also award reasonable costs and disbursements, attorney and
enforcement fees. + }
  '  { +  SECTION 14. + } ORS 822.110 is amended to read:
  ' 822.110. (1) Except as provided in subsection (2) of this
section, the Department of Transportation   { - shall - }  { +
may + } issue a dismantler certificate to any person if the
person meets all of the following requirements:
  ' (a) The person establishes that the area in which the
business is located and the place of business to be approved
under the dismantler certificate for use in the motor vehicle
dismantling business are zoned for industrial use or subject to
another zoning classification that permits the type of business
conducted by the dismantler.
  ' (b) The person pays the fee required under ORS 822.700 for
issuance of a dismantler certificate.
  ' (c) The person completes the application for a dismantler
certificate described under ORS 822.115.
  ' (d) The person delivers to the department any approvals by
local governments required under ORS 822.140.
  ' (e) The person delivers to the department a bond or letter of
credit that meets the requirements of ORS 822.120.
  ' (2) The department may refuse to issue a dismantler
certificate to a person if:
  ' (a)   { - The person - }  { +  Any person listed on the
application + } has { + :
  ' (A) Been placed on probation by the department under ORS
822.145; or
  ' (B)  + }Previously had a dismantler certificate   { - or
identification card - }  revoked, canceled or suspended under ORS
822.145  { - ; or - }  { + .
  ' (b) The department has previously refused to renew a
dismantler certificate to any person listed on the application.
  ' (c) Any person listed on the application has been issued a
similar certificate from another jurisdiction and:
  ' (A) The person has been placed on probation for violation of
the rules and regulations of the jurisdiction regarding
dismantlers;
  ' (B) The person's certificate has been canceled, revoked or
suspended by the jurisdiction that issued the certificate;
  ' (C) The person has failed to pay a fine; or
  ' (D) The jurisdiction refused to renew the person's
certificate. + }
  '  { - (b) - }  { +  (d) + } The department determines that the
application contains false or misleading information.
  '  { +  (3) A dismantler certificate issued under subsection
(1) of this section is valid for three years from the date of
issuance. + }
  '  { - (3) - }   { + (4) + } The department may issue a
 { - duplicate - }  { +  replacement + } dismantler certificate
to a person who has lost or destroyed an original dismantler
certificate if the person:
  ' (a) Has complied with the requirements of this section for
issuance of a certificate;   { - and - }
  '  { - (b) Is within the renewal period of the original
dismantler certificate. - }
  '  { +  (b) Pays the fee required under ORS 822.700 for a
replacement of a dismantler certificate; and
  ' (c) Pays any civil penalty levied against the person by the
department.
  ' (5) The department may adopt rules for the issuance and
replacement of dismantler certificates. + }
  '  { +  SECTION 15. + } ORS 822.115 is amended to read:
  ' 822.115. An application for a dismantler certificate issued
 { +  or replaced + } by the Department of Transportation under
ORS 822.110 { + , + }
  { - or - }  for renewal of a certificate under   { - ORS
822.125 - }  { +  section 11 of this 2009 Act, for issuance of a
corrected certificate under section 9 of this 2009 Act or for
issuance of a supplemental certificate under section 10 of this
2009 Act + } shall be in a form prescribed by the department and
 { - shall - }  { +  must + } contain all of the following:
  ' (1) A full statement of the name of the person applying for
the certificate with the person's residence and business
addresses.
  ' (2) If the applicant is a firm or partnership, the name of
the firm or partnership, with the names and places of residence
of all its members.
  ' (3) If the applicant is a corporation, the names of the
principal officers and their residences and the name of the state
under whose laws the corporation is organized.
  ' (4) A description of the dimensions and the location of the
place or places at which the business is to be carried on and
conducted.
  ' (5) Any other relevant information required by the
department.
  '  { +  SECTION 16. + } ORS 822.120 is amended to read:
  ' 822.120. (1) A bond or letter of credit required to qualify
for a dismantler certificate under ORS 822.110 or renewal of a
certificate under   { - ORS 822.125 - }  { +  section 11 of this
2009 Act  + }must be:
  ' (a) With a corporate surety licensed to transact business
within this state, or as to a letter of credit, an irrevocable
letter of credit issued by an insured institution, as defined in
ORS 706.008;
  ' (b) Executed to the State of Oregon;
  ' (c) In the sum of $10,000;
  ' (d) Approved as to form by the Attorney General;
  ' (e) Conditioned that the person issued the dismantler
certificate will conduct business without violation of this
section, ORS 803.140, 819.010, 819.012, 819.016, 819.040, 822.140
or 822.150; and
  ' (f) Conditioned that the bond or letter of credit is subject
to an action under this section.
  '  { +  (2) A bond or letter of credit issued under this
section shall apply to a supplemental certificate issued under
section 10 of this 2009 Act. + }
  '  { - (2) - }  { +  (3) + } Any person shall have a right of
action against the holder of a dismantler certificate { + , the
holder of a supplemental certificate + } and the surety on the
holder's bond or the dismantler's letter of credit issuer if the
person suffers any loss or damage by reason of the certificate
holder's violation of this section, ORS 803.140, 819.010,
819.012, 819.016, 819.040, 822.140 or 822.150.
  '  { +  SECTION 17. + } ORS 822.125 is amended to read:
  ' 822.125.   { - (1) - }  The holder of a current, valid
dismantler certificate issued under ORS 822.110  { + or
supplemental certificate issued under section 10 of this 2009
Act + } is not subject to the prohibitions and penalties under
ORS 822.100 as long as the holder's motor vehicle dismantling
business is conducted in the location approved under the
 { + dismantler + } certificate { +  or supplemental
certificate + }.
  '  { - (2) The holder of a dismantler certificate may expand
the dimensions or move a place of business approved under the
dismantler certificate or open an additional place of business
under the certificate upon issuance of a supplemental dismantler
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 motor vehicle
dismantling business. - }
  '  { - (c) A fee shall be charged for a supplemental dismantler
certificate under ORS 822.700. - }
  '  { - (3) A dismantler certificate is valid for a three-year
period and may be renewed as provided by the department. The
department shall only renew the certificate of any certificate
holder who does all of the following: - }
  '  { - (a) Pays the required 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
motor vehicle dismantling business. - }
  '  { - (d) Maintains a current bond that meets the requirements
under ORS 822.120. - }
  '  { - (4) The department may provide the holder of a
dismantler 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 dismantler certificates and
identification cards. - }
  '  { +  SECTION 18. + } ORS 822.130 is amended to read:
  ' 822.130. (1) The Department of Transportation may inspect the
books, records and inventory of and the premises used by any
business issued a  { + dismantler + } certificate under ORS
822.110   { - for the purpose of determining compliance with any
of the following: - }  { + or a supplemental certificate under
section 10 of this 2009 Act.  Inspections authorized by this
subsection may be conducted by the department at reasonable
intervals, during normal business hours, and may not exceed a
scope of inspection necessary for the department to determine all
of the following: + }
  ' (a)  { + A dismantler's compliance with + } those laws
regulating the issuance of certificates to dismantlers.
  ' (b)  { + A dismantler's compliance with + } requirements for
records under ORS 822.135   { - and 822.137 - } .
  ' (c)  { + A dismantler's compliance with + } ORS 802.200,
803.140, 819.010, 819.016, 819.030, 819.040 or 822.120.
  ' (d)  { + A dismantler's compliance with + } rules adopted by
the department concerning businesses issued certificates under
ORS 822.110.
  '  { +  (e) The identification of stolen vehicles. + }
  ' (2) Provisions for enforcing this section are established
under ORS 822.135 and 822.145.
  '  { +  SECTION 19. + } ORS 822.135 is amended to read:
  ' 822.135.  { + (1) As used in this section, 'major component
part' includes significant parts of a motor vehicle such as
engines, short blocks, frames, transmissions, transfer cases,
cabs, doors, differentials, front or rear clips, quarter panels,
truck beds or boxes, hoods, bumpers, fenders and airbags. The
Department of Transportation may by rule designate other motor
vehicle parts not specified in this subsection as major component
parts. 'Major component part' does not include cores or parts of
cores that require remanufacturing or that are limited in value
to that of scrap metal. + }
  '  { - (1) - }  { +  (2) + } A person commits the offense of
improperly conducting a motor vehicle dismantling business if the
person holds a dismantler certificate issued under ORS 822.110
and the person does any of the following:
  ' (a) Fails to permanently exhibit a dismantler certificate at
 { - a place of business of the person - }  { +  the address
listed on the certificate + } at all times while the certificate
is in force.
  '  { - (b) Expands the dimensions of or moves any of the
person's places of business or opens any additional places of
business without obtaining a supplemental dismantler certificate
by the procedure under ORS 822.125. - }
  '  { +  (b) Fails to obtain a corrected certificate prior to
changing the address, ownership, ownership structure or any other
information in the original dismantler certificate
application. + }
  ' (c) Fails to maintain records at the   { - person's
established place of business - }  { +  address listed on the
dismantler certificate or supplemental certificate for three
years + } that record and describe the following:
  ' (A)   { - Every - }   { + Each + } motor vehicle purchased,
transferred, wrecked, dismantled, disassembled or substantially
altered by the person;
  ' (B) The name and address of the person to and from whom the
vehicle was transferred;
  ' (C) The vehicle identification number and other
identification marks or numbers on the vehicle;   { - and - }
  ' (D) A statement indicating any such numbers or marks that
have been obliterated, defaced or changed { + ; + }  { - . - }
  '  { +  (E) The certificate of title number, if any;
  ' (F) The state where the vehicle was last registered, if
applicable;
  ' (G) The number of the last registration plate issued and the
state of issuance, if applicable;
  ' (H) The year, make and model of the vehicle;
  ' (I) The date acquired;
  ' (J) The vehicle, stock or yard number assigned to the vehicle
by the dismantler; and
  ' (K) Any other information required by the department.
  ' (d) Fails to maintain records at the address listed on the
dismantler certificate or supplemental certificate for three
years from the date of acquisition of a major component part that
describe and identify the part, including:
  ' (A) The physical characteristics of the part;
  ' (B) The stock or yard number assigned to the part by the
dismantler;
  ' (C) The date acquired; and
  ' (D) Any other information required by the department.
  ' (e) Fails to maintain records described under paragraphs (c)
and (d) of this subsection for an additional three years in a
form and location chosen by the dismantler, except that the
records must be accessible to allow a police officer or an
employee of the department to inspect the records. + }
  '  { - (d) - }  { +  (f) + } Except as otherwise provided,
fails to surrender to the department   { - of Transportation - }
, within 30 days after the date the person acquires the title, a
certificate of title or other primary ownership document or
ownership record for a motor vehicle. If the vehicle is delivered
to the person under the provisions of ORS 819.215 or 819.280, a
copy of the notification to the department under ORS 819.215 or
819.280 is sufficient to comply with the provisions of this
paragraph.
  '  { - (e) - }  { +  (g) + } Refuses,   { - at any time - }
 { +  during normal business hours + }, to allow a police officer
or an employee of the department to inspect the books, records,
inventory or premises of the person's motor vehicle dismantling
business.
  '  { - (f) - }  { +  (h) + } Fails to maintain, for the
purposes of the person's motor vehicle dismantling business, a
building or an enclosure or other barrier at least six feet in
height that is constructed, established or formed in compliance
with rules adopted by the department.
  '  { - (g) - }  { +  (i) + } Fails to keep the premises on the
outside of the establishment clear and clean at all times.
  '  { - (h) - }  { +  (j) + } Conducts any wrecking, dismantling
or altering of vehicles outside the building, enclosure or
barrier on the premises of the business.
  '  { - (i) - }  { +  (k) + } Stores or displays any   { - motor
vehicles or major component parts - }  { +  inventory + } or
conducts the motor vehicle dismantling business outside of the
building, enclosure or barrier of the place of business.
  '  { - (j) Fails to immediately file with the department, upon
transfer of a wrecked or dismantled motor vehicle, the form
furnished by the department to report the date of transfer, a
description of the vehicle, the name and address of the purchaser
and other information respecting the vehicle required by the
department. - }
  '  { - (k) - }  { +  (L) + } Except as otherwise provided in
this paragraph, fails to keep the business 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 the rules
of the Director of Transportation. This paragraph does not apply
to a business that is:
  ' (A) Located in an area zoned for industrial use under
authority of the laws of this state; or
  ' (B) A business established before June 30, 1967.
  '  { - (L) - }  { +  (m) + } Expands or moves any place of
business approved under a dismantler certificate or opens any
additional locations for the business without obtaining a
supplemental certificate under   { - ORS 822.125 - }
 { + section 10 of this 2009 Act + } or obtaining   { - an
additional dismantler - }   { + a corrected  + }certificate { +
under section 9 of this 2009 Act + }.
  '  { - (m) - }  { +  (n) + } Fails to allow the department to
conduct inspections as provided under ORS 822.130.
  '  { +  (o) Commits a dishonest act or omission during the sale
of a major component part that, as determined by the department,
causes a loss to the purchaser.
  ' (p) Is convicted of a crime involving false statements or
dishonesty that directly relates to the business of the
dismantler or suffers any civil judgment imposed for conduct
involving fraud, misrepresentation or conversion.
  ' (q) Fails to comply with any provision of ORS 822.133.
  ' (r) Possesses, sells or otherwise disposes of a motor vehicle
or any part of a motor vehicle knowing that the vehicle or part
has been stolen.
  ' (s) Sells, buys, receives, conceals, possesses or disposes of
a motor vehicle or any part of a motor vehicle having a missing,
defaced, intentionally altered or covered vehicle identification
number, unless directed to do so by a law enforcement official.
  ' (t) Commits forgery in the second degree, as defined in ORS
165.007, or misstates a material fact relating to a certificate
of title, registration or other document related to a motor
vehicle that has been reassembled from parts of other motor
vehicles.
  ' (u) Fraudulently obtains, creates or modifies a dismantler
certificate. + }
  '  { - (n) - }  { +  (v) + } Fails to deploy or remove any air
bag containing sodium azide from a vehicle before the vehicle is
wrecked or dismantled.
  '  { - (o) - }  { +  (w) + } Fails to ensure that an air bag
containing sodium azide that has been removed from a vehicle is
deployed within seven days of removal unless the air bag is
properly stored by a motor vehicle dealer, automobile repair
facility or dismantler certified under ORS 822.110.
  '  { +  (x) Fails to pay a civil penalty levied against the
person by the department.
  ' (y) Has caused or suffered or is permitting the unlawful use
of the dismantler certificate.
  ' (z) Has failed to allow the department to conduct inspections
as provided under ORS 822.130.
  ' (aa) Has unlawfully used or permitted unlawful use of an
identification card issued under section 12 of this 2009 Act. + }
  '  { - (2) - }   { + (3) + } The offense described in this
section, improperly conducting a motor vehicle dismantling
business, is a:
  ' (a) Class A misdemeanor if the person violates subsection
  { - (1)(a) to (m) - }  { +  (2)(a) to (u) + } of this section.
  ' (b) Class D violation if the person violates subsection
  { - (1)(n) or (o) - }  { +  (2)(v), (w), (x), (y), (z) or
(aa) + } of this section.
  ' (c) Class C misdemeanor, notwithstanding paragraph (b) of
this subsection, if the person violates subsection   { - (1)(n)
or (o) - }  { +  (2)(v) or (w) + } of this section and the person
has two or more previous convictions for violating subsection
 { - (1)(n) or (o) - }  { +  (2)(v) or (w) + } of this section.
  '  { +  SECTION 20. + } ORS 822.137 is amended to read:
  ' 822.137.   { - (1) As used in this section, 'major component
part' includes significant parts of a motor vehicle such as
engines, short blocks, frames, transmissions, transfer cases,
cabs, doors, differentials, front or rear clips, quarter panels,
truck beds or boxes, hoods, bumpers, fenders and airbags. The
Department of Transportation may by rule designate other motor
vehicle parts not specified in this subsection as major component
parts. 'Major component part' does not include cores or parts of
cores that require remanufacturing or that are limited in value
to that of scrap metal. - }
  '  { - (2) In addition to any other penalty provided by law,
the department may impose on a dismantler, in the manner provided
by ORS 183.745, a civil penalty not to exceed $1,000 per
violation if the dismantler: - }
  '  { - (a) Acquires a motor vehicle or major component part
without obtaining a certificate of sale and, if applicable, a
certificate of title. - }
  '  { - (b) Possesses, sells or otherwise disposes of a motor
vehicle or any part of a motor vehicle knowing that the vehicle
or part has been stolen. - }
  '  { - (c) Sells, buys, receives, conceals, possesses or
disposes of a motor vehicle or any part of a motor vehicle having
a missing, defaced, intentionally altered or covered vehicle
identification number, unless directed to do so by a law
enforcement official. - }
  '  { - (d) Commits forgery in the second degree, as defined in
ORS 165.007, or misstates a material fact relating to a
certificate of title, registration or other document related to a
motor vehicle that has been reassembled from parts of other motor
vehicles. - }
  '  { - (e) Fraudulently obtains, creates or modifies a
dismantler certificate. - }
  '  { - (f) Fails to maintain records at the certified place of
business for three years from the date of acquisition of a motor
vehicle that describe and identify the vehicle, including: - }
  '  { - (A) The certificate of title number; - }
  '  { - (B) The state where the vehicle was last registered, if
applicable; - }
  '  { - (C) The number of the last registration plate issued and
the state of issuance, if applicable; - }
  '  { - (D) The year, make and model of the vehicle; - }
  '  { - (E) The vehicle identification number; - }
  '  { - (F) The date acquired; - }
  '  { - (G) The vehicle, stock or yard number assigned to the
vehicle by the dismantler; and - }
  '  { - (H) Any other information required by the
department. - }
  '  { - (g) Fails to maintain records at the certified place of
business for three years from the date of acquisition of a major
component part that describe and identify the part,
including: - }
  '  { - (A) The physical characteristics of the part; - }
  '  { - (B) The stock or yard number assigned to the part by the
dismantler; - }
  '  { - (C) The vehicle identification number of the motor
vehicle from which the part came; and - }
  '  { - (D) Any other information required by the
department. - }
  '  { - (h) Commits a dishonest act or omission during the sale
of a motor vehicle or major component part that, as determined by
the department, causes a loss to the purchaser. - }
  '  { - (i) Is convicted of a crime involving false statements
or dishonesty that directly relates to the business of the
dismantler or suffers any civil judgment imposed for conduct
involving fraud, misrepresentation or conversion. - }
  '  { - (j) Fails to comply with any provision of ORS
822.133. - }
  '  { +  (1) The department may levy and collect a civil
penalty, in an amount not to exceed $1,000 for each violation,
against a person applying for a dismantler certificate if the
department finds that the applicant has knowingly provided false
information in the application.
  ' (2) The department may levy and collect a civil penalty, in
an amount not to exceed $1,000 for each violation, against a
person who holds a dismantler certificate if the department finds
that the dismantler has violated any provisions of ORS 822.100 to
822.150 or of any rules adopted by the department relating to
holders of dismantler certificates or supplemental certificates.
  ' (3) A civil penalty imposed under this section shall be
imposed in the manner provided in ORS 183.745. + }
  '  { +  SECTION 21. + } ORS 822.140 is amended to read:
  ' 822.140. (1) To meet the requirement for local government
approval of a dismantler certificate under ORS 822.110 or a
supplemental certificate under   { - ORS 822.125 - }  { +
section 10 of this 2009 Act + }, an applicant must comply with
any regulations established by a city or county under this
section and must obtain the approval of the governing body of
the:
  ' (a) City, if the business is or will be carried on within an
incorporated city of less than 100,000 population.
  ' (b) County, if the business is or will be carried on outside
of any incorporated city.
  ' (2) A city or county governing body shall grant approval of a
dismantler certificate or renewal when requested under this
section if the governing body:
  ' (a) Approves the applicant as being suitable to establish,
maintain or operate a motor vehicle dismantling business;
  ' (b) Determines that the location or proposed location meets
the requirements for location under ORS 822.110;
  ' (c) Determines that the location does not violate any
prohibition under ORS 822.135; and
 
  ' (d) Approves the location and determines that the location
complies with any regulations adopted by a city or county under
this section.
  ' (3) The governing body of a city or county may regulate the
expansion of premises or the establishment of premises at a new
location under a dismantler certificate. An applicant must comply
with the regulations before the Department of Transportation may
issue a supplemental dismantler certificate. In adopting
regulations under this subsection, a governing body:
  ' (a) Shall consider the extent of development of surrounding
property as a residential area;
  ' (b) Shall consider the proximity of churches, schools,
hospitals, public buildings or other places of public gathering;
  ' (c) Shall consider the sufficiency in number of other motor
vehicle dismantling businesses in the vicinity;
  ' (d) Shall consider the health, safety and general welfare of
the public;
  ' (e) May establish zones in which motor vehicle dismantling
businesses are permissible and other zones where they are
prohibited; and
  ' (f) May prescribe limitations on the dimensions of the
premises on which motor vehicle dismantling businesses are
conducted.
  ' (4) Regulations of a city governing body that are adopted
under this section apply to motor vehicle dismantling businesses
located outside of and within six miles of the boundaries of the
city unless the county governing body in which the area is
located has adopted regulations under this section that are
applicable in the area.
  '  { +  SECTION 22. + } ORS 822.145 is amended to read:
  ' 822.145. (1) The Department of Transportation may
 { - impose sanctions - }   { + revoke, suspend or cancel a
dismantler certificate or supplemental certificate or place on
probation  + }  { - on - }  any person holding a dismantler
certificate issued under ORS 822.110 { + , supplemental
certificate issued under section 10 of this 2009 Act + } or
identification card issued under   { - ORS 822.125 - }
 { + section 12 of this 2009 Act + } if the department determines
 { + that a person has violated any provision of ORS 822.100 to
822.150. + }   { - 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, 819.012, 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 dismantler
certificate. - }
  '  { - (d) The person holding the certificate has violated any
regulation adopted under ORS 822.135. - }
  '  { - (e) The person holding the certificate has failed to
allow the department to conduct inspections as provided under ORS
822.130. - }
  '  { - (f) The person holding an identification card has
unlawfully used or permitted unlawful use of the card. - }
  ' (2) The department shall cancel or suspend any dismantler
certificate  { + or supplemental certificate + } immediately
 { - : - }
  '  { - (a) - }  upon receipt of legal notice that the bond
described under ORS 822.120 is canceled { + . + }  { - ; or - }
  '  { - (b) For failure to pay any penalty imposed under ORS
822.135 or 822.137. - }
  ' (3) Upon revocation, cancellation or suspension of a
dismantler certificate or identification card under this section,
 
the department shall recall and demand the return of the
certificate or identification card.
  ' (4) If the department has reason to believe that a person has
engaged in or is engaging in any activity prohibited under ORS
822.100, the department may issue an order directed at the person
to cease the activity.
  ' (5) { +   + }The department shall adopt rules establishing
sanctions authorized by subsection (1) of this section.
  '  { +  SECTION 23. + } 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) $90, for a renewal supplemental certificate for
each additional place of business to be covered by that
certificate and operated under the same name; + }
  '  { - (c) - }  { +  (d) + } $30, for each   { - duplicate - }
 { +  replacement + } dismantler certificate issued under ORS
822.110 { + ; and + }  { - . - }
  '  { +  (e) $30, for each corrected certificate issued under
section 9 of this 2009 Act. + }
  ' (2) Fee for renewal of dismantler certificate under   { - ORS
822.125 - }  { +  section 11 of this 2009 Act + }, $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 819.480, $75.
  ' (14) Fee for renewal of vehicle appraiser certificate under
ORS 819.480, $75.
  '  { +  SECTION 24. + } Section 21, chapter 654, Oregon Laws
2005, is amended to read:
  '  { +  Sec. 21. + } Notwithstanding the provision that
dismantler certificates are valid for a three-year period
pursuant to   { - ORS 822.125 - }  { +  ORS 822.110 + }, the
Department of Transportation may adopt rules that the department
determines are necessary for an orderly transition from a
one-year cycle for issuing and renewing dismantler certificates
to the three-year cycle   { - created by the amendments to ORS
822.125 by section 11 of this 2005 Act - } . The rules may
include provisions for:
  ' (1) Staggering renewal dates; and
  ' (2) Prorating fees for issuance or renewal of certificates.
  '  { +  SECTION 25. + }  { + (1) Sections 10 and 11 of this
2009 Act and the amendments to ORS 822.110, 822.115 and 822.125
by sections 14, 15 and 17 of this 2009 Act apply to applications
submitted on or after the effective date of this 2009 Act.
  ' (2) Section 13 of this 2009 Act and the amendments to ORS
822.100, 822.135, 822.137 and 822.145 by sections 7, 19, 20 and
22 of this 2009 Act apply to offenses committed on or after the
effective date of this 2009 Act.
  ' (3) The amendments to ORS 822.700 by section 23 of this 2009
Act apply to certificates issued on or after the effective date
of this 2009 Act. + } ' .
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