Bill Text: OR HB3176 | 2011 | Regular Session | Introduced

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Bill Title: Relating to manufactured structure ownership documents.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3176 Detail]

Download: Oregon-2011-HB3176-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2747

                         House Bill 3176

Sponsored by COMMITTEE ON REVENUE

                             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.

  Increases fee for issuance of ownership document for
manufactured structure. Ties fee for manufactured structures to
fee for issuance of ownership document for other vehicles.

                        A BILL FOR AN ACT
Relating to manufactured structure ownership documents; amending
  ORS 366.739, 367.173, 367.605, 446.646, 803.045, 803.065,
  803.090 and 803.092.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 446.646 is amended to read:
  446.646. (1) The Department of Consumer and Business Services
may adopt rules necessary for carrying out the duties, functions
and powers of the department under ORS 446.566 to 446.646.
  (2) Except as provided in subsection (4) of this section, the
department shall adopt appropriate fees to cover the cost of
services rendered under ORS 446.566 to 446.646 by the department
and by a county as agent for the department. The department may
not vary the fee for issuance or renewal of an ownership
document, or for removal of a manufactured structure from the
ownership document system, based upon the applicant's status as
an owner, dealer or escrow agent.
  (3) A county carrying out functions under ORS 446.566 to
446.646 related to manufactured structure ownership documents and
trip permits is an agent of the department with regard to those
functions.
  (4) Unless the department adopts a different fee pursuant to
subsection (2) of this section, the fee amount:
  (a) For issuance of an ownership document is   { - $55 - }
 { +  the fee described in ORS 803.090 + }.
  (b) For issuance of a trip permit is $5.
  SECTION 2. ORS 803.090 is amended to read:
  803.090. The following fees are the fees for the transaction
described:
  (1) The transfer fee under ORS 803.092 { +  or under ORS
446.566 to 446.646 + }:
  (a) For a salvage title, $27.
  (b) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $90.

  (c) For vehicles other than vehicles for which the title fee is
described in paragraph (b) of this subsection { +  and for
manufactured structures as provided in ORS 446.646 + }, $77.
  (2) The fee for issuance of a certificate of title under ORS
803.045 { +  or under ORS 446.566 to 446.646 + }:
  (a) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $90.
  (b) For vehicles other than vehicles for which the title fee is
described in paragraph (a) of this subsection { +  and for
manufactured structures as provided in ORS 446.646 + }, $77.
  (3) The fee for issuance of a salvage title certificate under
ORS 803.140, $27.
  (4) The fee for issuance of a duplicate or replacement
certificate of title under ORS 803.065 { +  or under ORS 446.566
to 446.646 + }:
  (a) For a duplicate or replacement salvage title certificate,
$27.
  (b) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $90.
  (c) For vehicles other than vehicles for which the title fee is
described in paragraph (b) of this subsection { +  and for
manufactured structures as provided in ORS 446.646 + }, $77.
  (5) The fee under subsection (4) of this section may not be
paid at the same time as a transfer fee under this section if
application is made at the same time as application for transfer.
  (6) The fee for issuance of a new certificate of title under
ORS 803.220  { + or under ORS 446.566 to 446.646 + } indicating a
change of name or address:
  (a) For a new salvage title certificate, $27.
  (b) For trailers eligible for permanent registration under ORS
803.415 (1) and motor vehicles with a gross vehicle weight rating
over 26,000 pounds, excluding motor homes, $90.
  (c) For vehicles other than vehicles for which the title fee is
described in paragraph (b) of this subsection { +  and for
manufactured structures as provided in ORS 446.646 + }, $77.
  (7) The fee for late presentation of certificate of title under
ORS 803.105, $25 from the 31st day after the transfer through the
60th day after the transfer and $50 thereafter.
  (8) The fees for title transactions involving a form of title
other than a certificate shall be the amounts established by the
Department of Transportation by rule under ORS 803.012.
  SECTION 3. ORS 366.739 is amended to read:
  366.739.  { + (1) + } Except as otherwise provided in ORS
366.744, the taxes collected under ORS 319.020, 319.530, 803.090,
803.420, 818.225, 825.476 and 825.480, minus $71.2 million per
biennium, shall be allocated 24.38 percent to counties under ORS
366.762 and 15.57 percent to cities under ORS 366.800.
   { +  (2) Moneys collected by, or on behalf of, the Department
of Consumer and Business Services for the titling of manufactured
structures pursuant to ORS 446.566 to 446.646 are not taxes
collected under ORS 803.090. + }
  SECTION 4. ORS 367.173 is amended to read:
  367.173. The principal, interest, premium, if any, and the
purchase or tender price of the grant anticipation revenue bonds
issued under ORS 367.161 to 367.181 are payable solely from the
following moneys:
  (1) Federal transportation funds.
  (2) To the extent affirmatively pledged at the time issuance of
revenue bonds is authorized, the following moneys that are
lawfully available:
  (a) Moneys deposited in the State Highway Fund established
under ORS 366.505.
  (b) Except as provided in paragraph (c) of this subsection,
moneys, once deposited in the State Highway Fund established
under ORS 366.505, from the following sources may be
affirmatively pledged:
  (A) Moneys from the taxes and fees on motor carriers imposed
under ORS 825.474 and 825.480.
  (B) Moneys from the tax on motor vehicle fuel imposed under ORS
319.020.
  (C) Moneys from the tax on fuel used in motor vehicles imposed
under ORS 319.530.
  (D) Moneys described under ORS 803.090 from the titling of
vehicles.
  (E) Moneys described under ORS 803.420 from the registration of
vehicles.
  (F) Moneys described under ORS 807.370 relating to the issuance
of driver licenses and driver permits.
  (G) Moneys received by the Department of Transportation from
taxes, fees or charges imposed after January 1, 2001, or other
revenues or moneys received by the department from sources not
listed in subparagraphs (A) to (F) of this paragraph that are
lawfully available to be pledged under this section.
  (c) Moneys described in paragraph (b) of this subsection do not
include:
  (A) Moneys provided for appropriations to counties under ORS
366.762 to 366.768.
  (B) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  (C) Moneys in the account established under ORS 366.512 for
parks and recreation.
   { +  (D) Moneys collected by, or on behalf of, the Department
of Consumer and Business Services for the titling of manufactured
structures pursuant to ORS 446.566 to 446.646. + }
  SECTION 5. ORS 367.605 is amended to read:
  367.605. (1) Moneys deposited in the State Highway Fund
established under ORS 366.505 are pledged to payment of Highway
User Tax Bonds issued under ORS 367.615.
  (2) Except as provided in subsection (3) of this section,
moneys, once deposited in the highway fund from the following
sources are subject to the use or pledge described in subsection
(1) of this section:
  (a) Moneys from the taxes and fees on motor carriers imposed
under ORS 825.474 and 825.480.
  (b) Moneys from the tax on motor vehicle fuel imposed under ORS
319.020.
  (c) Moneys from the tax on fuel used in motor vehicles imposed
under ORS 319.530.
  (d) Moneys described under ORS 803.090 from the titling of
vehicles.
  (e) Moneys described under ORS 803.420 from the registration of
vehicles.
  (f) Moneys described under ORS 807.370 relating to the issuance
of driver licenses and driver permits.
  (g) Moneys received by the Department of Transportation from
taxes, fees or charges imposed after January 1, 2001, or other
revenues received by the department from sources not listed in
paragraphs (a) to (f) of this subsection that are available for
the use or pledge described by this section.
  (3) Moneys described under subsection (2) of this section do
not include:
  (a) Moneys provided for appropriations to counties under ORS
366.762 to 366.768.
  (b) Moneys provided for appropriations to cities under ORS
366.785 to 366.820.
  (c) Moneys in the account established under ORS 366.512 for
parks and recreation.
   { +  (d) Moneys collected by, or on behalf of, the Department
of Consumer and Business Services for the titling of manufactured
structures pursuant to ORS 446.566 to 446.646. + }
  (4) To the extent affirmatively pledged, moneys from the
following sources are subject to the use or pledge described in
subsection (1) of this section:
  (a) Moneys received by the Department of Transportation from
the United States government.
  (b) Any other moneys legally available to the department.
  (5) Notwithstanding ORS 366.507, the lien or charge of any
pledge of moneys securing bonds issued under ORS 367.615 is
superior or prior to any other lien or charge and to any law of
the state requiring the department to spend moneys for specified
highway purposes.
  SECTION 6. ORS 803.045 is amended to read:
  803.045. (1) The Department of Transportation shall issue title
for a vehicle { + , other than a manufactured structure titled
pursuant to ORS 446.566 to 446.646, + } if the applicant and the
vehicle meet the following qualifications:
  (a) The applicant must satisfy the department that the
applicant is the owner of the vehicle and is otherwise entitled
to have title issued in the applicant's name.
  (b) Except as otherwise provided in ORS 803.050 (2), the
applicant must submit a completed and signed application for
title described in ORS 803.050.
  (c) The applicant must pay the fee for issuance of a
certificate of title under ORS 803.090 or the fee for issuance of
title in another form, as established by the department by rule
in accordance with ORS 803.012.
  (d) If the vehicle is a reconstructed vehicle or an assembled
vehicle, the applicant must provide the following information in
addition to any other information required under this section:
  (A) The certificate of title last issued for the frame of the
vehicle, a salvage title certificate issued for the vehicle or
other evidence of ownership satisfactory to the department.
  (B) Bills of sale for major components used to build the
vehicle.
  (e) If the vehicle is covered by an Oregon title or salvage
title certificate, the applicant shall surrender the Oregon title
or salvage title certificate, submit an application as provided
under ORS 803.065 or submit other evidence of ownership
satisfactory to the department.
  (f) Unless the department adopts rules to the contrary, if the
vehicle is from another jurisdiction, the applicant shall
surrender to the department with the application the certificate
of title issued by the other jurisdiction, if such jurisdiction
requires certificates of title. If such jurisdiction does not
require certificates of title, then the applicant shall surrender
the registration cards.
  (g) If required by the department, the applicant must submit
proof of ownership as described under ORS 803.205.
  (h) Other than a racing activity vehicle as defined in ORS
801.404, if the department has reason to believe a vehicle was
not certified by the original manufacturer as conforming to
federal vehicle standards, the department may require the
applicant to provide proof satisfactory to the department that
the vehicle conforms to federal vehicle standards.
  (i) Unless the vehicle is exempted from odometer disclosure
requirements, the applicant shall submit an appropriate odometer
disclosure form. The department shall determine what constitutes
an appropriate form in any particular situation. The department
may make exceptions by rule to the requirement for submission of
an odometer disclosure form.
  (2)(a) The department may not issue title for a vehicle:
  (A) Required by ORS 803.210 to be inspected unless the vehicle
has been inspected as described in ORS 803.212 and the inspection
fee paid under ORS 803.215.
  (B) If the current vehicle title, certificate or ownership
document is a junk title, junk certificate or similar ownership
document issued by another jurisdiction, or has a junk or similar
brand or notation.
  (b) The department may adopt any rules it considers necessary
for the administration of this subsection.
  SECTION 7. ORS 803.065 is amended to read:
  803.065. (1) The Department of Transportation may issue a
duplicate or replacement certificate of title  { + for a vehicle
other than a manufactured structure titled under ORS 446.566 to
446.646 + } when all of the following occur:
  (a) The department is satisfied as to the loss, mutilation or
destruction of a certificate of title or salvage title
certificate.
  (b) The fee for issuance of a duplicate or replacement
certificate of title or for a salvage title certificate
established under ORS 803.090 is paid.
  (2) The department may accept an application for a duplicate or
replacement title certificate at the time of any transfer of a
vehicle under ORS 803.092. The following apply to this
subsection:
  (a) The department shall only accept the application if, at the
time of transfer, the title certificate is lost, mutilated or
destroyed.
  (b) When the department accepts an application, the department
may accept proof of transfer other than the certificate of title
or may accept a certificate of title that has not been completed
along with other proof of transfer for purposes of transferring a
vehicle under ORS 803.092. The department may accept any proof of
transfer under this paragraph that establishes to the
satisfaction of the department that the vehicle has been
transferred including, but not limited to, statements of release
of interest, bills of sale, assignments of interest or other
similar proof.
  (c) If an application is made under this subsection, the fee
for duplicate or replacement title certificate under ORS 803.090
shall be paid in addition to the transfer fee under ORS 803.090.
  (d) The department may include the form for application under
this subsection as part of the form for transfer of a vehicle or
may make the forms separate, as the department finds convenient.
  (e) The department is not required by this subsection to issue
a duplicate or replacement title before transfer, but may
withhold issuance of title until new title is issued upon
completion of transfer.
  (f) The department may adopt rules to establish procedures and
requirements for effecting a transfer under ORS 803.092 when
application is made under this subsection at the same time.
  SECTION 8. ORS 803.092 is amended to read:
  803.092. (1) Except as otherwise provided in this section, upon
the transfer of any interest in a vehicle covered by an Oregon
title { + , other than a manufactured structure titled pursuant
to ORS 446.566 to 446.646, + } the transferee shall submit an
application for title to the Department of Transportation. Such
application shall be submitted to the department within 30 days
of the date of transfer of interest.
  (2) Notwithstanding subsection (1) of this section, application
is not required under this section when:
  (a) The change involves only a change in the security interest
where the security interest holder or lessor is a financial
institution, a financial holding company or a bank holding
company, as those terms are defined in ORS 706.008, a licensee
under ORS chapter 725, or any subsidiary or affiliate of any of
the foregoing and the transfer of the interest of the security
interest holder or lessor:
  (A) Results from the merger, conversion, reorganization,
consolidation or acquisition of the security interest holder or
lessor;

  (B) Is to an entity that is a member of the same affiliated
group as the security holder or lessor; or
  (C) Is made in connection with a transfer in bulk.
  (b) The vehicle is transferred to a vehicle dealer and the
vehicle will become part of the dealer's inventory for resale.
Upon the transfer of a vehicle to a dealer, however, the dealer
shall immediately notify the department of such transfer. This
exemption from the requirement to apply for title does not apply
if the department determines that application for title is
necessary in order to comply with odometer disclosure
requirements. If the department determines that application for
title is not required, it may require filing of documents under
ORS 803.126.
  (c) The vehicle is to be titled in another jurisdiction.
  (d) The vehicle has been totaled, wrecked, dismantled,
disassembled, substantially altered or destroyed, in which case
the provisions of ORS 819.010, 819.012, 819.014 or 822.135
relating to notice and surrender of title documents shall be
complied with.
  (e) The transfer involves the creation or termination of a
leasehold interest in a vehicle that is proportionally registered
under ORS 826.009 or 826.011, if the department is furnished with
satisfactory proof of the lease.
  (3) Except as provided in subsection (2) of this section, the
transferee shall:
  (a) Submit an application that meets requirements for title
under ORS 803.045 and 803.050 and any applicable rules of the
department.
  (b) Submit the title transfer fees as required under ORS
803.090.
  (c) Comply with the provisions of ORS 803.065 and any
applicable rules of the department under that statute and submit
the duplicate or replacement title fee as provided under ORS
803.090, if the transfer includes an application for duplicate or
replacement title and transfer of title.
  (d) Submit an odometer disclosure containing information
required by the department for the kind of transaction involved.
  (e) Submit any late presentation of certificate of title fee as
provided under ORS 803.090 if such fee is required under ORS
803.105.
  (4) For purposes of this section:
  (a) 'Affiliated group' has the meaning given to the term in
section 1504(a) of the Internal Revenue Code of 1986, as amended
(26 U.S.C. 1504(a)).
  (b) A 'transfer in bulk' is:
  (A) The sale or assignment of, the grant of a security interest
in, or any other transfer of either a group of loans secured by
vehicles, leases of vehicles or both or a participation or other
interest in the group of loans;
  (B) The creation of asset-backed securities or other securing
of assets involving the loans or leases; or
  (C) Any similar transaction involving the loans or leases.
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