Bill Text: OR HB2066 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to pawnbrokers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-04 - Chapter 261, (2013 Laws): Effective date January 1, 2014. [HB2066 Detail]

Download: Oregon-2013-HB2066-Amended.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 2066

LC 1072/HB 2066-2

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2066

               By COMMITTEE ON BUSINESS AND LABOR

                            March 14

  On page 1 of the printed bill, line 2, delete 'and 726.280 '
and insert ', 726.280, 726.370 and 726.380'.
  Delete lines 23 through 30 and insert:
  ' (B) Pledges that are not required to be registered with the
Department of Transportation;
  ' (C) Snowmobiles, as defined in ORS 801.490;
  ' (D) Trailers that have a loaded weight of not more than 8,000
pounds and that are designed or manufactured, or are otherwise
suitable, for carrying a boat, snowmobile or all-terrain vehicle;
and
  ' (E) Equipment used for farming.
  ' (b) 'Personal property' does not include:
  ' (A) Pledges that are required to be registered with the
Department of Transportation, unless the pledge is a snowmobile
or a trailer described in paragraph (a) of this subsection;
  ' (B) Choses in action;
  ' (C) Securities or printed evidence of indebtedness; or
  ' (D) Intangible property.'.
  In line 31, restore the bracketed material and delete the
boldfaced material and delete 'any article' and insert ' personal
property'.
  On page 2, after line 18, insert:
  ' (h) A notation that indicates that a lien search of the
pledge has been conducted in the pledgor's county of residence or
with the state agency that is responsible for recording liens on
the category of property to which the pledge belongs.'.
  After line 27, insert:
  '  { +  SECTION 3. + } ORS 726.370 is amended to read:
  ' 726.370. { +  (1) + } If more than one person claims the
right to redeem a pledge, the pawnbroker   { - shall incur no
liability - }  { +  is not liable + } for refusing to deliver the
pledge until the respective rights of the claimants have been
adjudicated { +  unless the pawnbroker fails to verify whether
the pledge is subject to a lien or other encumbrance, if the
pledge is:
  ' (a) A boat, as defined in ORS 830.005;
  ' (b) A snowmobile, as defined in ORS 801.490;
  ' (c) A trailer, as described in ORS 726.010 (2)(a)(D); or
  ' (d) An all-terrain vehicle that is not required to be
registered with the Department of Transportation + }.
  '  { +  (2) + } In   { - case of - }  an action brought against
the pawnbroker for recovery of the pledge, the pawnbroker may as
a defense require all known claimants to interplead.
  '  { +  (3) + } If   { - no action is brought against the
pawnbroker by either claimant - }  { +  either claimant does not
bring an action against the pawnbroker + } within 30 days after
notice of an adverse claim { + , + } the pawnbroker may
 { - proceed to - }  dispose of the pledge as provided in this
chapter.
  '  { +  SECTION 4. + } ORS 726.380 is amended to read:
  ' 726.380.  { + (1) + } A pawnbroker   { - shall be - }  { +
is + } liable for the loss of a pledge or a part
 { - thereof - }  { +  of a pledge + } or for   { - injury
thereto resulting - }  { +  an injury to a pledge that
results + } from failure to exercise reasonable care.   { - Such
care shall include - }  { +  Reasonable care includes + }
maintaining sufficient insurance coverage against possible loss
 { - due to - }  { +  as a result of + } fire, theft and burglary
so as to protect the interest of the pledgor for the amount of
the loan.   { - In case of loss the burden of proof to establish
due care shall be upon the pawnbroker. - }
  '  { +  (2) A pawnbroker shall hold a pledge in a gated,
secured facility that is designed, constructed, furnished and
maintained to present physical deterrents to a person's ability
to enter into the facility without authorization and remove the
pledge, if the pledge is:
  ' (a) A boat, as defined in ORS 830.005;
  ' (b) A snowmobile, as defined in ORS 801.490;
  ' (c) A trailer, as described in ORS 726.010 (2)(a)(D); or
  ' (d) An all-terrain vehicle that is not required to be
registered with the Department of Transportation.
  ' (3) The pawnbroker has the burden of proof to establish due
care if a pledge is lost.
  ' (4)  + }The pawnbroker   { - shall have - }  { +  has + } a
first lien on any pledge for the amount of the pledge loan and
interest in all cases except where goods are stolen or where a
prior lien exists by virtue of any provision of law.'.
                         ----------