Bill Text: OR HB3047 | 2013 | Regular Session | Engrossed

Oregon House Bill 3047 (Prior Session Legislation)

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


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. HB 3047 (A to RC)

LC 3084/HB 3047-A6

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3047
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)

                    By COMMITTEE ON JUDICIARY

                             May 30

  On page 1 of the printed A-engrossed bill, line 3, after '
809.416;' insert 'repealing sections 1, 2, 3, 4 and 5, chapter
___, Oregon Laws 2013 (Enrolled House Bill 2986);'.
  On page 6, delete lines 10 through 21 and insert:
  ' (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.'.
  After line 26, insert:
  '  { +  SECTION 8. + }  { + If House Bill 2986 becomes law,
section 1, chapter ___, 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2986) (amending ORS 809.210), is repealed and ORS 809.210, as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
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
  ' (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 ___, 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 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 ___, Oregon Laws 2013 (Enrolled House Bill
2986) (amending ORS 807.250), is repealed. + }
  '  { +  SECTION 11. + }  { + If House Bill 2986 becomes law,
section 4, chapter ___, 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
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.
  '  { +  SECTION 12. + }  { + If House Bill 2986 becomes law,
section 5, chapter ___, 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. + } ' .
  In line 27, delete '8' and insert '15'.
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