Bill Text: OR SB85 | 2011 | Regular Session | Enrolled
Bill Title: Relating to manufactured structure dealers; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-01 - Effective date, June 1, 2011. [SB85 Detail]
Download: Oregon-2011-SB85-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 85
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Department of Consumer and Business Services)
CHAPTER ................
AN ACT
Relating to manufactured structure dealers; creating new
provisions; amending ORS 446.661 and 446.726; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 446.661 and section 4 of this 2011 Act are
added to and made a part of ORS 446.666 to 446.756. + }
SECTION 2. ORS 446.661 is amended to read:
446.661. As used in ORS 446.666 to 446.756:
{ + (1) 'Dealer' has the meaning given that term in ORS
446.003.
(2) 'Insured institution' has the meaning given that term in
ORS 706.008. + }
{ - (1) - } { + (3) + } 'Manufactured dwelling' has the
meaning given that term in ORS 446.003 { + . + } { - ; and - }
{ - (2) - } { + (4) + } 'Manufactured structure' has the
meaning given that term in ORS 446.561.
SECTION 3. ORS 446.726 is amended to read:
446.726. (1) A bond or letter of credit required to qualify for
issuance or renewal of a manufactured structure dealer license
under ORS 446.691 or 446.696 or a temporary manufactured
structure dealer license under ORS 446.701 must comply with the
following requirements:
(a) The bond must have a corporate surety licensed to do
business within this state. A letter of credit must be an
irrevocable letter of credit issued by an insured institution
{ - , as defined in ORS 706.008 - } .
(b) The bond or letter of credit must:
(A) Be executed to the State of Oregon;
(B) Be in the sum of $40,000 for each year the license is
valid;
(C) Be in a form approved by the { - Attorney General - }
{ + Director of the Department of Consumer and Business
Services + };
(D) Be conditioned that the dealer will conduct the
manufactured structure dealership without fraud or fraudulent
representation and without violating any statute or rule relating
to manufactured structure dealers, manufactured structure
dealerships, transfers of interests in manufactured structures,
Enrolled Senate Bill 85 (SB 85-A) Page 1
alteration of manufactured structures or moving manufactured
structures;
(E) Be separate from any bond or letter of credit covering
business activities other than dealing in manufactured
structures; and
(F) Be filed and held { - in the office of the Department of
Consumer and Business Services - } { + by the director + }.
(2) The surety or institution shall notify the
{ - department - } { + director + } if the bond or letter of
credit is canceled for any reason. The surety or institution
continues to be liable under the bond or letter of credit until
the { - department - } { + director + } receives the notice
required by this subsection, or until the cancellation date
specified in the notice, whichever is later.
(3) If the license of a manufactured structure dealer is not
renewed or is voluntarily or involuntarily canceled, the surety
on the bond and the issuer of the letter of credit are relieved
from liability that accrues after the { - department - }
{ + director + } cancels the license.
(4) The manufactured structure dealer shall purchase a bond or
letter of credit under this section annually on or before each
anniversary of the issuance of the dealer's license.
(5) A { - person - } { + retail customer + } has a right of
action against a manufactured structure dealer, against the
surety on the dealer's bond and the issuer of a letter of credit
if the { - person - } { + retail customer + } suffers any
loss or damage by reason of the manufactured structure dealer's
fraud, fraudulent representations or violations of statutes
relating to:
(a) Transfer of interests in manufactured structures;
(b) Moving manufactured structures;
(c) The alteration of manufactured structures; or
(d) The regulation of manufactured structure dealers and
manufactured structure dealerships.
{ - (6) Notwithstanding subsection (5) of this section, the
maximum amount available under a bond or letter of credit
described in this section for the payment of claims by persons
other than retail customers of the dealer is $20,000. - }
SECTION 4. { + (1) If the Director of the Department of
Consumer and Business Services has reason to believe that a
person has engaged, is engaging or is about to engage in a
violation of ORS 446.666 to 446.756 or a rule adopted under ORS
446.666 to 446.756, the director may issue an order directed to
the person to cease and desist from the violation or threatened
violation.
(2) The director may require a manufactured structure dealer,
or a person associated with the manufactured structure dealer, to
produce for the director's examination and use books, accounts,
records, files, documents or other information or evidence as the
director deems necessary to carry out the purposes of ORS 446.666
to 446.756.
(3) The director may direct, subpoena, examine, compel the
attendance of, administer oaths and affirmations to, and request
production of books, accounts, records, files, documents or other
information or evidence from witnesses and persons that are
subject to regulation under ORS 446.666 to 446.756.
(4) The director may interview, take and preserve testimony
concerning business practices and operations from the
manufactured structure dealer's officers, principals, mortgage
loan originators if applicable, employees, agents and customers
Enrolled Senate Bill 85 (SB 85-A) Page 2
or independent contractors associated with the manufactured
structure dealer. + }
SECTION 5. { + (1) The amendments to ORS 446.661 by section 2
of this 2011 Act apply to transactions between manufactured
structure dealers and retail customers on or after the effective
date of this 2011 Act.
(2) The amendments to ORS 446.726 by section 3 of this 2011 Act
apply to causes of action commenced against a manufactured
structure dealer by a retail customer on or after the effective
date of this 2011 Act.
(3) Section 4 of this 2011 Act applies to transactions between
manufactured structure dealers and retail customers before, on or
after the effective date of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate April 28, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 17, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 85 (SB 85-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 85 (SB 85-A) Page 4
