Bill Text: OR HB3047 | 2013 | Regular Session | Enrolled
Bill Title: Relating to suspension of driving privileges; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-18 - Chapter 432, (2013 Laws): Effective date June 18, 2013. [HB3047 Detail]
Download: Oregon-2013-HB3047-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3047
Sponsored by Representatives OLSON, BARKER, Senator PROZANSKI;
Representatives KRIEGER, SPRENGER, WILLIAMSON
CHAPTER ................
AN ACT
Relating to suspension of driving privileges; creating new
provisions; amending ORS 809.210, 809.220, 809.280, 809.415 and
809.416; repealing sections 1, 2, 3, 4 and 5, chapter 246,
Oregon Laws 2013 (Enrolled House Bill 2986); and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 809.210 is amended to read:
809.210. (1) A court may do any of the following if the
defendant is convicted of any traffic offense and fails or
refuses to pay a fine imposed by the { - judge - } { +
court + } or to comply with any condition upon which payment of
the fine or any part of it was suspended:
(a) Issue { + a + } notice { + of suspension + } to the
Department of Transportation { + that directs the department + }
to implement procedures under ORS 809.416.
(b) Order a defendant's driving privileges restricted.
(2) The authority granted in this section is in addition to or
instead of any other method authorized by law for enforcing a
court order.
(3) If a court places restrictions on driving privileges under
this section:
(a) The { - judge - } { + court + } shall immediately
advise the department of the restrictions.
(b) Upon removal of such restriction, the court shall notify
the department that the restriction is ended.
(c) The restriction shall remain in effect until ended by the
court.
(d) The department shall take action as provided under ORS
807.120 on restrictions imposed under this section.
(e) The restrictions may include any restriction, condition or
requirement.
(f) Violation of the restriction is punishable as provided
under ORS 807.010.
(4) If { - a judge - } { + the court + } issues { + a + }
notice { + of suspension that directs the department + } to
implement procedures under ORS 809.416 as provided under this
section:
{ - (a) The judge shall immediately send to the department
notice upon payment of the fine as ordered. - }
{ + (a) And if, at any time within the period of suspension
under this section, a person pays the fine, has begun making
Enrolled House Bill 3047 (HB 3047-B) Page 1
payments according to the payment schedule established by the
court or has obeyed the order of the court, the court shall
immediately send to the department a notice of reinstatement. The
notice of suspension may be reissued if the person ceases making
payments before the fine is paid in full. The reissuance does not
extend the original period of suspension. + }
(b) The department shall take action on the suspension as
provided under ORS 809.416.
(5) A court { - shall - } { + may + } not issue { + a + }
notice { + of suspension + } under this section { + that
directs the department + } to implement procedures under ORS
809.416 for failure to pay a fine relating to any parking
offense, pedestrian offense or bicycling offense.
{ + (6) A notification by a court to the department under
this section shall be in a form prescribed by the department. + }
SECTION 2. ORS 809.220 is amended to read:
809.220. This section establishes procedures that are
applicable if a person fails to appear on a citation for a
traffic offense or { + fails to appear on a citation + }for a
violation of ORS 471.430. All of the following apply to this
section:
(1) If a defendant fails to make any appearance required by the
court or by law in a proceeding charging the defendant with a
traffic offense or with a violation of ORS 471.430, the court:
(a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant is charged with a
traffic crime or with a violation of ORS 471.430. If a court
issues notice under this paragraph, the department shall suspend
the driving privileges of the person as provided under ORS
809.280.
(b) Shall issue notice to the department to implement
procedures under ORS 809.416 if the defendant is charged with a
traffic violation. If a court issues notice under this paragraph,
the department shall implement procedures under ORS 809.416.
(2) In any notice to the department under this section, a court
shall certify that the defendant failed to appear in the
proceedings in the manner required by the court or by law.
(3) At any time within 10 years from the date { - of a notice
to suspend for failure to appear given to the department under
this section - } { + the traffic offense or violation of ORS
471.430 occurred + }, a court shall give a second notice to the
department to reinstate the person's suspended driving privileges
resulting from the original notice if any of the following occur:
(a) The fine for the offense is paid { + or the defendant has
begun making payments + }.
(b) The court finds the defendant not guilty or orders a
dismissal of the case.
(c) The court determines that the person's suspended driving
privileges should be reinstated for good cause.
{ + (4) The court may reissue a notice of suspension if the
person ceases making payments before the fine is paid in full.
The reissuance does not extend the original period of
suspension. + }
{ - (4) - } { + (5) + } Notifications by a court to the
department under this section shall be in a form prescribed by
the department.
{ - (5) - } { + (6) + } A court { - shall - } { +
may + } not notify the department under this section for failure
to appear on any parking, pedestrian or bicyclist offense.
SECTION 3. ORS 809.416 is amended to read:
Enrolled House Bill 3047 (HB 3047-B) Page 2
809.416. This section establishes circumstances that will make
a person subject to suspension under ORS 809.415 (4) and what a
person is required to do to make the person no longer subject to
suspension. The following apply as described:
(1) A person is subject to suspension under ORS 809.415 (4) if
the Department of Transportation receives notice from a court to
apply this section under ORS 809.220. A person who is subject
under this subsection remains subject until the person presents
the department with notice issued by the court showing that the
person is no longer subject to this section or until 10 years
have elapsed { + from the date the traffic offense or violation
of ORS 471.430 occurred + }, whichever is earlier. This
subsection shall not subject a person to ORS 809.415 (4) for any
pedestrian offense, bicycling offense or parking offense. Upon
receipt of notice from a court, the department shall send a
letter by first class mail advising the person that the
suspension will commence 60 days from the date of the letter
unless the person presents the department with the notice
required by this subsection.
(2) A person is subject to suspension under ORS 809.415 (4) if
the department receives { + a + } notice { + of suspension + }
from a court under ORS 809.210 { + indicating + } that a person
has failed { + or refused + } to pay a fine or obey an order of
the court. A person who is subject under this subsection remains
subject until the person presents the department with { + a + }
notice { + of reinstatement + } issued by the court showing that
the person { + is making payments, + } has paid the fine or
{ + has + } obeyed the order of the court { + , + } or until
{ - 10 - } { + 20 + } years have elapsed { + from the date
the traffic offense occurred + }, whichever is earlier. This
subsection { - shall - } { + does + } not subject a person to
ORS 809.415 (4) for failure { + or refusal + } to pay a fine
relating to any pedestrian offense, bicycling offense or parking
offense. Upon receipt of { + a + } notice { + of suspension + }
from a court, the department shall send a letter by first class
mail advising the person that the suspension will commence 60
days from the date of the letter unless the person presents the
department with the notice { + of reinstatement + } required by
this subsection.
(3) A person is subject to suspension under ORS 809.415 (4) if
the person pays the department any fee or tax with a bank check
and the check is returned to the department as uncollectible or
the person tenders payment with a credit or debit card and the
issuer of the card does not pay the department. A person who is
subject under this subsection remains subject until the
department receives the money for the fee or tax and any fee
charged by the department under ORS 802.170 or until five years
have elapsed, whichever is earlier.
SECTION 4. ORS 809.415 is amended to read:
809.415. (1)(a) The Department of Transportation shall suspend
the driving privileges of a person who has a judgment of the type
described under ORS 806.040 rendered against the person if the
person does not settle the judgment in the manner described under
ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the
person does one of the following:
(A) Settles the judgment in the manner described in ORS
809.470.
(B) Has an insurer that has been found by the department to be
obligated to pay the judgment, provided that there has been no
Enrolled House Bill 3047 (HB 3047-B) Page 3
final adjudication by a court that the insurer has no such
obligation.
(C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order
permitting the payment of the judgment in installments.
(c) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
(2)(a) The department shall suspend the driving privileges of a
person who falsely certifies the existence of a motor vehicle
liability insurance policy or the existence of some other means
of satisfying financial responsibility requirements or of a
person who, after certifying the existence of a motor vehicle
liability insurance policy or other means of satisfying the
requirements, allows the policy to lapse or be canceled or
otherwise fails to remain in compliance with financial
responsibility requirements.
(b) Notwithstanding paragraph (a) of this subsection, the
department may suspend under this subsection only if proof of
compliance with financial responsibility requirements as of the
date of the letter of verification from the department under ORS
806.150 is not submitted within 30 days after the date of the
mailing of the department's demand under ORS 806.160.
(c) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
(3)(a) The department shall suspend the driving privileges of a
person who fails to comply with future responsibility filings
whenever required under the vehicle code or fails to provide new
proof for future responsibility filings when requested by the
department.
(b) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
(c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a hearing under ORS 809.440
prior to a suspension under this subsection. A person whose
obligation to make future responsibility filings is based upon a
conviction or other action by a court is entitled to
administrative review under ORS 809.440 of a suspension under
this subsection. A person whose suspension under this subsection
is based on lapses in filing after the initial filing has been
made is entitled to administrative review under ORS 809.440.
(4)(a) The department shall suspend driving privileges when
provided under ORS 809.416. The suspension shall continue until
the earlier of the following:
(A) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.416 to make the person not subject to suspension.
(B) Ten years from the date the { - suspension is imposed - }
{ + traffic offense or violation of ORS 471.430 occurred + } if
the suspension is imposed for a reason described in ORS 809.416
(1)
{ - or (2) or five - } { + , 20 + } years from the date the
{ - suspension is imposed - } { + traffic offense occurred + }
if the suspension is imposed for
{ - the - } { + a reason described in ORS 809.416 (2) or five
years from the date the suspension is imposed for a + } reason
described in ORS 809.416 (3).
(b) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
Enrolled House Bill 3047 (HB 3047-B) Page 4
(5) Upon determination by the department that a person has
committed an act that constitutes an offense described in ORS
809.310, the department may suspend any driving privileges or any
identification card of the person determined to have committed
the act. A suspension under this subsection shall continue for a
period of one year.
(6) Upon determination by the department that a person has
submitted false information to the department for the purpose of
establishing or maintaining qualification to operate a commercial
motor vehicle or hold a commercial driver license, the department
may suspend the commercial driver license or the person's right
to apply for a commercial driver license. A suspension under this
subsection shall continue for a period of one year.
SECTION 5. ORS 809.280 is amended to read:
809.280. (1) Upon receipt of a court order under ORS 809.270,
the Department of Transportation shall suspend the person's
driving privileges. The suspension shall remain in effect until
the department is notified by the court that the suspension is
ended, except that, if the department is ordered to automatically
reinstate the driving privileges upon the successful completion
of a program, the department shall do so and shall notify the
judge that the person has complied with the order of the judge.
(2) Upon receipt of a court order under ORS 809.120, the
department shall suspend the person's driving privileges. The
suspension shall be for the period ordered by the court. The
court may only order suspension for a period not to exceed 90
days.
(3) Upon receipt of a court notice under ORS 809.130 of an
unsettled judgment, the department shall suspend the person's
driving privileges and, subject to any other requirements of law,
reinstate the driving privileges upon appropriate notification
from the court under ORS 809.130, except that the department
shall only impose the suspension after the department has
determined that:
(a) The judgment was rendered against the person;
(b) The judgment has remained unsettled as described in ORS
809.470 for 60 days; and
(c) The judgment continues to be unsettled as described in ORS
809.470.
(4) Upon receipt of a court notice under ORS 419C.472 or
809.220, the department shall suspend the person's driving
privileges for an indefinite period. The department shall
reinstate driving privileges that have been suspended under this
subsection upon notification by the court or upon the elapse of
10 years from the date { - of suspension - } { + the traffic
offense or violation of ORS 471.430 occurred + }, whichever comes
first. The department may not suspend any driving privileges
under this subsection for a person's failure to appear on a
parking, pedestrian or bicyclist offense.
(5) Upon receipt of a court notice under ORS 810.310, the
department shall suspend the person's driving privileges for an
indefinite period. The department shall reinstate driving
privileges that have been suspended under this subsection upon
notification by the court or upon the lapse of 10 years from the
date of suspension, whichever comes first.
(6) Upon receipt of a court order under ORS 809.260, the
department shall suspend the person's driving privileges as
follows:
(a) Upon receipt of the first order suspending driving
privileges, the department shall suspend the person's driving
Enrolled House Bill 3047 (HB 3047-B) Page 5
privileges for one year, or until the person reaches 17 years of
age, whichever is longer.
(b) Upon receipt of a second or subsequent order suspending
driving privileges, the department shall suspend the person's
driving privileges for one year or until the person reaches 18
years of age, whichever is longer.
(7) If the department receives notice from a court that it has
withdrawn an order issued under ORS 809.260, the department shall
immediately reinstate any driving privileges that have been
suspended under subsection (6) of this section because of the
issuance of the order.
(8) Upon receipt of a court order under ORS 165.805 or 471.430,
the department shall suspend the person's driving privileges. The
suspension shall be for the period ordered by the court. The
court may only order suspension for a period not to exceed one
year.
(9) Upon receipt of a court order under ORS 809.265, the
department shall suspend the person's driving privileges for six
months.
(10) Upon receipt of a court order under ORS 809.235, the
department shall permanently revoke the person's driving
privileges. The revocation shall remain in effect until the
department is notified by a court that the person's driving
privileges have been ordered restored.
(11) When a court orders suspension of driving privileges under
ORS 811.109 (4), the department shall suspend the person's
driving privileges. The suspension shall be for the period
ordered by the court. The court may only order suspension for a
period not to exceed 30 days.
(12) When a court orders suspension of driving privileges under
ORS 811.109 (5), the department shall suspend the person's
driving privileges. The suspension shall be for the period
ordered by the court. The court may only order suspension for not
less than 30 days and not more than 90 days.
(13) Upon receipt of a court order under ORS 811.135, the
department shall suspend the person's driving privileges for one
year.
SECTION 6. { + (1) The amendments to ORS 809.210, 809.220 and
809.280 by sections 1, 2 and 5 of this 2013 Act apply to offenses
occurring before, on or after the operative date specified in
section 7 of this 2013 Act.
(2) The amendments to ORS 809.415 and 809.416 by sections 3 and
4 of this 2013 Act apply to the issuance or reissuance of notices
of suspension on or after the operative date specified in section
7 of this 2013 Act. + }
SECTION 7. { + (1) The amendments to ORS 809.210, 809.220,
809.280, 809.415 and 809.416 by sections 1 to 5 of this 2013 Act
become operative October 1, 2013.
(2) The Department of Transportation may take any action before
October 1, 2013, that is necessary to enable the department to
implement the amendments to ORS 809.210, 809.220, 809.280,
809.415 and 809.416 by sections 1 to 5 of this 2013 Act on
October 1, 2013. + }
SECTION 8. { + If House Bill 2986 becomes law, section 1,
chapter 246, Oregon Laws 2013 (Enrolled House Bill 2986)
(amending ORS 809.210), is repealed and ORS 809.210, as amended
by section 1 of this 2013 Act, is amended to read: + }
809.210. (1) A court may do any of the following if the
defendant is convicted of any traffic offense and fails or
refuses to pay a fine imposed by the court or to comply with any
Enrolled House Bill 3047 (HB 3047-B) Page 6
condition upon which payment of the fine or any part of it was
suspended:
(a) Issue a notice of suspension to the Department of
Transportation that directs the department to implement
procedures under ORS 809.416.
(b) Order a defendant's driving privileges restricted.
(2) The authority granted in this section is in addition to or
instead of any other method authorized by law for enforcing a
court order.
(3) If a court places restrictions on driving privileges under
this section:
(a) The court shall immediately advise the department of the
restrictions.
(b) Upon removal of such restriction, the court shall notify
the department that the restriction is ended.
(c) The restriction shall remain in effect until ended by the
court.
(d) The department shall take action as provided under ORS
807.120 on restrictions imposed under this section.
(e) The restrictions may include any restriction, condition or
requirement.
(f) Violation of the restriction is punishable as provided
under ORS 807.010.
(4) If the court issues a notice of suspension that directs the
department to implement procedures under ORS 809.416 as provided
under this section:
(a) And if, at any time within the period of suspension under
this section, a person pays the fine, has begun making payments
according to the payment schedule established { - by - } { +
with + } the court or has obeyed the order of the court, the
court shall immediately send to the department a notice of
reinstatement. The notice of suspension may be reissued if the
person ceases making payments before the fine is paid in full.
The reissuance does not extend the original period of suspension.
(b) The department shall take action on the suspension as
provided under ORS 809.416.
{ + (5)(a) At any time after the court issues a notice of
suspension under this section, the person whose driving
privileges have been suspended may seek reinstatement with the
court if the person is enrolled in a preapprenticeship program,
as defined in ORS 660.010, or is a registered apprentice under
ORS 660.020. The court shall issue a notice of reinstatement of
the person's driving privileges if the person provides the court
with a form that includes verification from the Bureau of Labor
and Industries that the person is enrolled in a preapprenticeship
program or is a registered apprentice.
(b) The bureau shall develop the form prescribed in paragraph
(a) of this subsection. The form must include:
(A) The name of the person who is enrolled in a
preapprenticeship program or registered as an apprentice;
(B) A statement from the person's program, certifying that the
person is enrolled in the preapprenticeship program or is a
registered apprentice;
(C) The date on which the person is scheduled to complete the
program;
(D) For a person who is enrolled in a preapprenticeship
program, a statement that the program will notify the bureau of
the registration of the person as an apprentice under ORS 660.020
after completion of the person's preapprenticeship program or
notify the bureau of the person's failure to register; and
Enrolled House Bill 3047 (HB 3047-B) Page 7
(E) A statement that the program will notify the court if the
person fails to complete the program or fails to register as an
apprentice under ORS 660.020 after completion of a
preapprenticeship program.
(c) Upon the request of a person whose driving privileges have
been suspended under this section, the bureau shall seek to
verify that the person is enrolled in a preapprenticeship program
or is registered as an apprentice. If the bureau verifies that
the person is enrolled in a preapprenticeship program or is
registered as an apprentice, the bureau shall include the
verification on the form described in this subsection.
(d) If the court receives a notice from the program that the
person has failed to complete the program, or failed to register
as an apprentice under ORS 660.020 after completion of a
preapprenticeship program, the court shall reissue the notice of
suspension. The reissuance does not extend the original period of
suspension.
(6) A person whose driving privileges are reinstated under
subsection (5) of this section shall establish a payment schedule
with the court and begin making payments within six months after
completing a preapprenticeship program and apprenticeship
program, as defined in ORS 660.010, or six months after
completing an apprenticeship program if the person was never
enrolled in a preapprenticeship program. The court shall reissue
the notice of suspension if the person does not establish a
payment schedule within the time required under this subsection.
The reissuance does not extend the original period of
suspension. + }
{ - (5) - } { + (7) + } A court may not issue a notice of
suspension under this section that directs the department to
implement procedures under ORS 809.416 for failure to pay a fine
relating to any parking offense, pedestrian offense or bicycling
offense.
{ - (6) - } { + (8) + } A notification by a court to the
department under this section shall be in a form prescribed by
the department.
SECTION 9. { + If House Bill 2986 becomes law, section 2,
chapter 246, Oregon Laws 2013 (Enrolled House Bill 2986)
(amending ORS 809.416), is repealed and ORS 809.416, as amended
by section 3 of this 2013 Act, is amended to read: + }
809.416. This section establishes circumstances that will make
a person subject to suspension under ORS 809.415 (4) and what a
person is required to do to make the person no longer subject to
suspension. The following apply as described:
(1) A person is subject to suspension under ORS 809.415 (4) if
the Department of Transportation receives notice from a court to
apply this section under ORS 809.220. A person who is subject
under this subsection remains subject until the person presents
the department with notice issued by the court showing that the
person is no longer subject to this section or until 10 years
have elapsed from the date the traffic offense or violation of
ORS 471.430 occurred, whichever is earlier. This subsection shall
not subject a person to ORS 809.415 (4) for any pedestrian
offense, bicycling offense or parking offense. Upon receipt of
notice from a court, the department shall send a letter by first
class mail advising the person that the suspension will commence
60 days from the date of the letter unless the person presents
the department with the notice required by this subsection.
(2) A person is subject to suspension under ORS 809.415 (4) if
the department receives a notice of suspension from a court under
Enrolled House Bill 3047 (HB 3047-B) Page 8
ORS 809.210 indicating that { - a - } { + the + } person has
failed or refused to pay a fine or obey an order of the court. A
person who is subject under this subsection remains subject
until { + the earlier of the following:
(a) + } The person presents the department with a notice of
reinstatement issued by the court showing that the person { + :
(A) + } Is making payments, has paid the fine or has obeyed the
order of the court { - , or until 20 - } { + ; or
(B) Has enrolled in a preapprenticeship program, as defined in
ORS 660.010, or is a registered apprentice under ORS 660.020; or
(b) Twenty + } years have elapsed from the date the traffic
offense occurred { - , whichever is earlier - } .
{ + (3) + } { - This - } Subsection { + (2) of this
section + } does not subject a person to ORS 809.415 (4) for
failure or refusal to pay a fine relating to any pedestrian
offense, bicycling offense or parking offense. Upon receipt of a
notice of suspension from a court, the department shall send a
letter by first class mail advising the person that the
suspension will commence 60 days from the date of the letter
unless the person presents the department with the notice of
reinstatement required by this subsection.
{ - (3) - } { + (4) + } A person is subject to suspension
under ORS 809.415 (4) if the person pays the department any fee
or tax with a bank check and the check is returned to the
department as uncollectible or the person tenders payment with a
credit or debit card and the issuer of the card does not pay the
department. A person who is subject under this subsection remains
subject until the department receives the money for the fee or
tax and any fee charged by the department under ORS 802.170 or
until five years have elapsed, whichever is earlier.
SECTION 10. { + If House Bill 2986 becomes law, section 3,
chapter 246, Oregon Laws 2013 (Enrolled House Bill 2986)
(amending ORS 807.250), is repealed. + }
SECTION 11. { + If House Bill 2986 becomes law, section 4,
chapter 246, Oregon Laws 2013 (Enrolled House Bill 2986)
(amending ORS 809.415), is repealed and ORS 809.415, as amended
by section 4 of this 2013 Act, is amended to read: + }
809.415. (1)(a) The Department of Transportation shall suspend
the driving privileges of a person who has a judgment of the type
described under ORS 806.040 rendered against the person if the
person does not settle the judgment in the manner described under
ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the
person does one of the following:
(A) Settles the judgment in the manner described in ORS
809.470.
(B) Has an insurer that has been found by the department to be
obligated to pay the judgment, provided that there has been no
final adjudication by a court that the insurer has no such
obligation.
(C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order
permitting the payment of the judgment in installments.
(c) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
(2)(a) The department shall suspend the driving privileges of a
person who falsely certifies the existence of a motor vehicle
liability insurance policy or the existence of some other means
of satisfying financial responsibility requirements or of a
Enrolled House Bill 3047 (HB 3047-B) Page 9
person who, after certifying the existence of a motor vehicle
liability insurance policy or other means of satisfying the
requirements, allows the policy to lapse or be canceled or
otherwise fails to remain in compliance with financial
responsibility requirements.
(b) Notwithstanding paragraph (a) of this subsection, the
department may suspend under this subsection only if proof of
compliance with financial responsibility requirements as of the
date of the letter of verification from the department under ORS
806.150 is not submitted within 30 days after the date of the
mailing of the department's demand under ORS 806.160.
(c) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
(3)(a) The department shall suspend the driving privileges of a
person who fails to comply with future responsibility filings
whenever required under the vehicle code or fails to provide new
proof for future responsibility filings when requested by the
department.
(b) A suspension under this subsection shall continue until the
person complies with future responsibility filings.
(c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a hearing under ORS 809.440
prior to a suspension under this subsection. A person whose
obligation to make future responsibility filings is based upon a
conviction or other action by a court is entitled to
administrative review under ORS 809.440 of a suspension under
this subsection. A person whose suspension under this subsection
is based on lapses in filing after the initial filing has been
made is entitled to administrative review under ORS 809.440.
(4)(a) The department shall suspend driving privileges when
provided under ORS 809.416. The suspension shall continue until
the earlier of the following:
(A) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.416 to make the person not subject to suspension.
(B) Ten years from the date the traffic offense or violation of
ORS 471.430 occurred if the suspension is imposed for a reason
described in ORS 809.416 (1), 20 years from the date the traffic
offense occurred if the suspension is imposed for a reason
described in ORS 809.416 (2) or five years from the date the
suspension is imposed for a reason described in ORS 809.416
{ - (3) - } { + (4) + }.
(b) A person is entitled to administrative review under ORS
809.440 of a suspension under this subsection.
(5) Upon determination by the department that a person has
committed an act that constitutes an offense described in ORS
809.310, the department may suspend any driving privileges or any
identification card of the person determined to have committed
the act. A suspension under this subsection shall continue for a
period of one year.
(6) Upon determination by the department that a person has
submitted false information to the department for the purpose of
establishing or maintaining qualification to operate a commercial
motor vehicle or hold a commercial driver license, the department
may suspend the commercial driver license or the person's right
to apply for a commercial driver license. A suspension under this
subsection shall continue for a period of one year.
Enrolled House Bill 3047 (HB 3047-B) Page 10
SECTION 12. { + If House Bill 2986 becomes law, section 5,
chapter 246, Oregon Laws 2013 (Enrolled House Bill 2986), is
repealed. + }
SECTION 13. { + The amendments to ORS 809.210 and 809.416 by
sections 8 and 9 of this 2013 Act apply to offenses occurring
before, on or after January 1, 2014. + }
SECTION 14. { + The amendments to ORS 809.210, 809.415 and
809.416 by sections 8, 9 and 11 of this 2013 Act become operative
January 1, 2014. + }
SECTION 15. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Passed by House April 17, 2013
Repassed by House June 11, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 5, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3047 (HB 3047-B) Page 11
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3047 (HB 3047-B) Page 12
