Bill Text: OR HB2117 | 2013 | Regular Session | Engrossed

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

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Bill Title: Relating to driving while under the influence of intoxicants; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-07-25 - Chapter 642, (2013 Laws): Effective date July 25, 2013. [HB2117 Detail]

Download: Oregon-2013-HB2117-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 257

                           A-Engrossed

                         House Bill 2117
                  Ordered by the House March 12
            Including House Amendments dated March 12

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Health
  Care)

                             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.

   { +  Provides for certification of ignition interlock devices
and certification of service centers that install ignition
interlock devices. Requires service centers to notify agency or
organization that conducted person's diagnostic assessment of any
negative reports downloaded from ignition interlock device.
  Establishes Ignition Interlock Device Management Fund.
Continuously appropriates moneys in fund to Department of
Transportation. Specifies uses of moneys.
  Expands minimum requirements for ignition interlock
devices. + }
  Extends suspension of driving privileges beyond end of
suspension or revocation period if person fails to submit proof
of installation or maintain installation of required ignition
interlock device.
  Increases fees for screening interview and diagnostic
assessment.
    { - Requires provider of ignition interlock device to give
notice to agency or organization that conducted person's
screening interview or diagnostic assessment under certain
circumstances. - }
                        A BILL FOR AN ACT
Relating to driving while under the influence of intoxicants;
  creating new provisions; amending ORS 813.021, 813.240,
  813.600, 813.602, 813.604 and 813.608; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 813. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Negative report' includes a report of tampering with an
ignition interlock device, unauthorized removal of the ignition
interlock device, warnings, lockouts or test violations recorded
by the ignition interlock device.
  (b) 'Service center' means a service center issued a
certificate of approval under section 5 of this 2013 Act.

  (2) After an ignition interlock device is installed as required
under ORS 813.602 (3), a service center shall notify the agency
or organization, designated by the court under ORS 813.260, that
conducted the person's diagnostic assessment that the device has
been installed. Notice of the installation must be given within
seven business days of installing the ignition interlock device.
  (3) After installation of the device, the person required to
have the device installed under ORS 813.602 (3) shall bring the
device to the service center where the device was installed once
every 60 days. The service center shall download all reports
recorded on the device.
  (4) In addition to the reports downloaded under subsection (3)
of this section, each time the service center has access to an
ignition interlock device that the service center installed, the
service center shall download all reports recorded on the
ignition interlock device. If the service center downloads a
negative report, the service center shall notify the agency or
organization that conducted the person's diagnostic assessment.
The service center must give notice of the negative report within
seven business days of downloading the negative report.
  (5) If an agency or organization receives a notice under
subsection (4) of this section of a negative report, the agency
or organization shall give notice:
  (a) To the person's treatment program provider, if any, and to
the district attorney or city attorney; or
  (b) If the person is not in a treatment program, to the court
that ordered the installation of the device and to the district
attorney or city attorney.
  (6) An agency or organization shall give notice as provided
under subsection (5) of this section within seven business days
of receiving notice of the negative report under subsection (4)
of this section.
  (7) Any negative report generated from an ignition interlock
device that uses electrochemical fuel cell sensor technology is
attributable to the person required to have the ignition
interlock device installed under ORS 813.602 (3). + }
  SECTION 3.  { + Sections 4 and 5 of this 2013 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 4.  { + (1) A manufacturer of ignition interlock
devices may provide ignition interlock devices for use by persons
required to have the devices installed under ORS 813.602 only if
the devices have been issued a certificate of approval by the
Department of Transportation.
  (2) A manufacturer of ignition interlock devices may apply to
the department for certification of an ignition interlock device
under this section. The application shall be in such form as may
be specified by the department.
  (3) The department may issue or renew a certificate of approval
for an ignition interlock device if:
  (a) The ignition interlock device meets all of the requirements
described in ORS 813.600 and the rules of the department;
  (b) The manufacturer agrees to provide testimony relating to
any aspect of the installation, service, repair, calibration,
use, removal or performance of the ignition interlock device or
report at any criminal proceeding or administrative hearing; and
  (c) The manufacturer pays the application fee.
  (4) The department may adopt rules establishing additional
requirements for issuance and renewal of certificates under this
section.
  (5) The department may refuse to issue or renew or may suspend
or revoke any certificate issued under this section in any case
where the department finds that the applicant or certificate
holder has violated or failed to comply with any rules adopted
under this section.
  (6) The department by rule shall establish fees for application
for and issuance and renewal of certificates under this section.
The fees shall be designed to cover the costs to the department
for issuing or renewing certificates under this section.
  (7) Certificates issued under this section are subject to the
following:
  (a) A certificate shall expire two years from the date of
issuance unless renewed according to the rules of the department.
  (b) The department may not issue or renew a certificate to a
manufacturer until the fee for issuance or renewal of the
certificate under this section is paid.
  (c) A fee for a certificate may not be refunded in the event
any certificate is refused, suspended or revoked. + }
  SECTION 5.  { + (1) A service center may install, service,
repair, monitor, maintain, calibrate or remove ignition interlock
devices that have been certified by the Department of
Transportation under ORS 813.600 for use by persons required to
have the devices installed under ORS 813.602 only if the service
center has been issued a certificate of approval by the
Department of Transportation.
  (2) A service center may apply to the department for
certification under this section. The application shall be in
such form as may be specified by the department.
  (3) The department may issue a certificate of approval to a
service center if the service center:
  (a) Meets all of the requirements established by the department
by rule;
  (b) Agrees to provide testimony relating to any aspect of the
installation, service, repair, calibration, use, removal or
performance of the ignition interlock device at any criminal
proceeding or administrative hearing;
  (c) Utilizes ignition interlock device technicians who meet the
minimum standards for qualification as a technician established
by the department; and
  (d) Pays all required fees.
  (4) The department may adopt rules establishing additional
requirements for issuance and renewal of certificates under this
section.
  (5) The department may refuse to issue or renew or may suspend
or revoke any certificate issued under this section in any case
where the department finds that the applicant or certificate
holder has violated or failed to comply with any rules adopted
under this section.
  (6) The department by rule shall establish fees for
applications for and issuance and renewal of certificates under
this section. The fees shall be designed to cover the costs to
the department for issuing or renewing certificates under this
section.
  (7) Certificates issued under this section are subject to the
following:
  (a) A certificate shall expire two years from the date of
issuance unless renewed according to the rules of the department.
  (b) The department may not issue or renew a certificate to a
service center until the fee for issuance or renewal of the
certificate under this section is paid.
  (c) A fee for a certificate may not be refunded in the event
any certificate is refused, suspended or revoked. + }
  SECTION 6.  { + (1) The Ignition Interlock Device Management
Fund is established in the State Treasury separate and distinct
from the General Fund.
  (2) Moneys in the Ignition Interlock Device Management Fund
consist of:
  (a) Fees collected under sections 4 and 5 of this 2013 Act for
issuance or renewal of:
  (A) Manufacturer certificates issued under section 4 of this
2013 Act; and
  (B) Service center certificates issued under section 5 of this
2013 Act;
  (b) Amounts appropriated or otherwise transferred to the fund
by the Legislative Assembly;
  (c) Interest and other earnings on moneys in the fund; and
  (d) Other amounts deposited in the fund from any source.
  (3) Moneys in the fund are continuously appropriated to the
Department of Transportation for the purpose fulfilling the
department's duties, functions and powers related to certifying
ignition interlock devices as required under ORS 813.600 and
carrying out the regulatory functions of the department relating
to manufacturers, as described in section 4 of this 2013 Act, and
service centers, as described in section 5 of this 2013 Act. + }
  SECTION 7. ORS 813.021 is amended to read:
  813.021. (1) When a court, in accordance with ORS 813.020,
requires a person to complete a screening interview and a
treatment program, the court shall require the person to do all
of the following:
  (a) Complete a screening interview for the purpose of
determining appropriate placement of the person in a program for
treatment for alcoholism, drug dependency or dependency on
inhalants.
  (b) Pay directly to the agency or organization conducting the
screening interview a fee of   { - $150 - }  { +  $275 + }.
  (c) Complete the treatment program to which the person is
referred.
  (d) Pay for the treatment program to which the person is
referred.
  (2) The screening interview required by this section shall be
conducted by an agency or organization designated by the court.
The designated agency or organization must meet the standards set
by the Director of the Oregon Health Authority to conduct the
screening interviews. Wherever possible a court shall designate
agencies or organizations to perform the screening interview that
are separate from those that may be designated to carry out a
treatment program.
  (3) An agency or organization doing a screening interview under
this section may not refer a person to a treatment program that
has not been approved by the Director of the Oregon Health
Authority.
  (4) The agency or organization conducting a screening interview
under this section shall monitor the progress of the person
referred to the agency or organization. The agency or
organization shall make a report to the referring court stating
the person's successful completion or failure to complete all or
any part of the screening interview or of the treatment program
to which the person was referred by the agency or organization.
The report shall be in a form determined by agreement between the
court and the agency or organization.
  SECTION 8. ORS 813.240, as amended by sections 167 and 186,
chapter 595, Oregon Laws 2011, section 4, chapter 671, Oregon
Laws 2011, and sections 4 and 5, chapter 81, Oregon Laws 2012, is
amended to read:
  813.240. (1) The filing fee paid by a defendant at the time of
filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 is
$490. A fee collected under this subsection in the circuit court
shall be deposited by the clerk of the court in the Criminal Fine
Account. If the fee is collected in a municipal or justice court,
$290 of the fee shall be forwarded by the court to the Department
of Revenue for deposit in the Criminal Fine Account, and the
remainder of the fee shall be paid to the city or county
treasurer.
  (2) If less than the full filing fee is collected under
subsection (1) of this section in a municipal or justice court,
the money received shall be allocated first to the Department of
Revenue for deposit in the Criminal Fine Account.

  (3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay
 { - $150 - }  { +  $275 + } directly to the agency or
organization providing the diagnostic assessment.
  SECTION 9. ORS 813.602, as amended by section 1, chapter 66,
Oregon Laws 2012, is amended to read:
  813.602. (1) Except as provided in subsection (2) of this
section, when a person is convicted of driving while under the
influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance, the Department of Transportation, in
addition to any other requirement, shall require that the person
 { - install - }  { + have installed + } and use an approved
ignition interlock device in any vehicle operated by the person:
  (a) Before the person is eligible for a hardship permit. The
requirement is a condition of the hardship permit for the
duration of the hardship permit.
  (b) For a first conviction, for one year after   { - the ending
date of - }  the suspension or revocation caused by the
conviction  { +  ends, starting on the date on which an ignition
interlock device is installed + }. Violation of the condition
imposed under this paragraph is a Class A traffic violation.
  (c) For a second or subsequent conviction, for two years after
 { - the ending date of - }  the suspension or revocation caused
by the conviction { +  ends, starting on the date on which an
ignition interlock device is installed + }. Violation of the
condition imposed under this paragraph is a Class A traffic
violation.
  (2) When a person is convicted of a crime or multiple crimes as
described in this subsection, the department, in addition to any
other requirement, shall require that the person
 { - install - }  { + have installed + } and use an approved
ignition interlock device in any vehicle operated by the person
for five years after   { - the ending date of - }  the longest
running suspension or revocation caused by any of the
convictions { +  ends, starting on the date on which an ignition
interlock device is installed + }. Violation of the condition
imposed under this subsection is a Class A traffic violation. A
person is subject to this subsection when the person is convicted
of:
  (a) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and any of
the following crimes as part of the same criminal episode:
  (A) Any degree of murder.
  (B) Manslaughter in the first or second degree.
  (C) Criminally negligent homicide.
  (D) Assault in the first degree.
  (b) Aggravated vehicular homicide.
  (c) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and the
person's driving privileges are revoked under ORS 809.235 (1)(b)
and later ordered restored under ORS 809.235 (4).
  (3) The court shall require as a condition of a driving while
under the influence of intoxicants diversion agreement that an
approved ignition interlock device be installed in any vehicle
operated by the person during the period of the agreement when
the person has driving privileges. In addition to any action
taken under ORS 813.255, violation of the condition imposed under
this subsection is a Class A traffic violation.
  (4) Except as provided in subsection (5) of this section, if an
ignition interlock system is ordered or required under subsection
(1), (2) or (3) of this section, the person so ordered or
required shall pay to the provider the reasonable costs of
leasing, installing and maintaining the device. A payment
schedule may be established for the person by the department.
  (5) { + (a) + } The department may waive, in whole or in part,
or defer the defendant's responsibility to pay all or part of the
costs under subsection (4) of this section if the defendant meets
the criteria for indigence established for waiving or deferring
such costs under subsection (6) of this section. If the
defendant's responsibility for costs is waived, then
notwithstanding ORS 813.270, the costs described in subsection
(4) of this section must be paid from the Intoxicated Driver
Program Fund.
   { +  (b) The agency or organization that conducted the
screening interview under ORS 813.021 or the diagnostic
assessment required under ORS 813.200 shall inform the person
undergoing the interview or assessment of the possibility that
the department may waive, in whole or in part, or defer the
person's responsibility to pay all or part of the costs under
subsection (4) of this section as described in paragraph (a) of
this subsection. + }
  (6) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (4) of this section for indigence. The
criteria must be consistent with the standards for indigence
adopted by the federal government for purposes of the
Supplemental Nutrition Assistance Program.
  (7) { + (a) + }   { - At the end of the suspension or
revocation resulting from the conviction, - }  The department
shall suspend   { - the - }  driving privileges or  { + the + }
right to apply for driving privileges   { - of - }   { + if a
person convicted of driving while under the influence of
intoxicants in violation of ORS 813.010 or of a municipal
ordinance does not comply with the requirements of subsection (1)
or (2) of this section. Suspension under this subsection applies
to any of the following:
  (A) + } A person who   { - has not submitted - }  { + , at the
end of the suspension or revocation resulting from the
conviction, fails to submit + } proof to the department that an
ignition interlock device has been installed   { - or who tampers
with an ignition interlock device after it has been installed - }
. { +  The suspension under this subsection for failure to submit
proof of installation shall continue until the department
receives proof that the ignition interlock device has been
installed. + }
    { - (8) - }  { +  (B) + }   { - If the department imposes a
suspension under subsection (7) of this section for failing to
submit proof of installation, the suspension continues - }
 { + A person who fails to maintain installation of an ignition
interlock device for the period required in subsection (1) or (2)
of this section. The suspension under this subsection for failure
to maintain installation of an ignition interlock device shall
continue + } until the department receives proof that the
ignition interlock device has been installed { +  or until the
device is no longer required, whichever occurs first + }.
 { - If the department does not receive proof that the ignition
interlock device has been installed, the suspension shall
continue for: - }
    { - (a) One year after the ending date of the suspension
resulting from the first conviction; - }
    { - (b) Except as provided in paragraph (c) of this
subsection, two years after the ending date of the suspension
resulting from a second or subsequent conviction; or - }
    { - (c) Five years after the ending date of the longest
running suspension or revocation resulting from a conviction
described in subsection (2) of this section. - }
    { - (9) If the department imposes a suspension under
subsection (7) of this section for tampering with an ignition
interlock device, the suspension continues until: - }
   { +  (C) A person who tampers with an ignition interlock
device after it has been installed. The suspension under this

subsection for tampering with an ignition interlock device
continues until: + }
    { - (a) - }   { + (i) + } One year after the ending date of
the suspension resulting from the first conviction;
    { - (b) - }   { + (ii) + } Except as provided in
 { - paragraph (c) of this subsection - }  { +  sub-subparagraph
(iii) of this subparagraph + }, two years after the ending date
of the suspension resulting from a second or subsequent
conviction; or
    { - (c) - }   { + (iii) + } Five years after the ending date
of the longest running suspension or revocation resulting from a
conviction described in subsection (2) of this section.
    { - (10) - }  { +  (b) + } A person whose driving privileges
or right to apply for  { + driving + } privileges is suspended
under  { + this + } subsection
  { - (7) of this section - }  is entitled to administrative
review, as described in ORS 809.440, of the action.
    { - (11) - }  { +  (8) + } The department shall adopt rules
permitting medical exemptions from the requirements of
installation and use of an ignition interlock device under
subsections (1) and (2) of this section.
    { - (12) - }  { +  (9) + } When a person is required to
install an ignition interlock device under subsection (2) or (3)
of this section, the provider of the device shall provide notice
of any installation or removal of the device or any tampering
with the device to the court that ordered installation of the
device or to the court's designee, including but not limited to
an agency or organization certified by the Oregon Health
Authority under ORS 813.025.
  SECTION 10. ORS 813.602, as amended by section 1, chapter 66,
Oregon Laws 2012, and section 9 of this 2013 Act, is amended to
read:
  813.602. (1) Except as provided in subsection (2) of this
section, when a person is convicted of driving while under the
influence of intoxicants in violation of ORS 813.010 or of a
municipal ordinance, the Department of Transportation, in
addition to any other requirement, shall require that the person
have installed  { + by a service center certified under section 5
of this 2013 Act + } and use an approved ignition interlock
device in any vehicle operated by the person:
  (a) Before the person is eligible for a hardship permit. The
requirement is a condition of the hardship permit for the
duration of the hardship permit.
  (b) For a first conviction, for one year after the suspension
or revocation caused by the conviction ends, starting on the date
on which an ignition interlock device is installed. Violation of
the condition imposed under this paragraph is a Class A traffic
violation.
  (c) For a second or subsequent conviction, for two years after
the suspension or revocation caused by the conviction ends,
starting on the date on which an ignition interlock device is
installed. Violation of the condition imposed under this
paragraph is a Class A traffic violation.
  (2) When a person is convicted of a crime or multiple crimes as
described in this subsection, the department, in addition to any
other requirement, shall require that the person have installed
and use an approved ignition interlock device in any vehicle
operated by the person for five years after the longest running
suspension or revocation caused by any of the convictions ends,
starting on the date on which an ignition interlock device is
installed. Violation of the condition imposed under this
subsection is a Class A traffic violation. A person is subject to
this subsection when the person is convicted of:
  (a) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and any of
the following crimes as part of the same criminal episode:
  (A) Any degree of murder.
  (B) Manslaughter in the first or second degree.
  (C) Criminally negligent homicide.
  (D) Assault in the first degree.
  (b) Aggravated vehicular homicide.
  (c) Driving while under the influence of intoxicants in
violation of ORS 813.010 or of a municipal ordinance and the
person's driving privileges are revoked under ORS 809.235 (1)(b)
and later ordered restored under ORS 809.235 (4).
  (3) The court shall require as a condition of a driving while
under the influence of intoxicants diversion agreement that an
approved ignition interlock device be installed in any vehicle
operated by the person during the period of the agreement when
the person has driving privileges. In addition to any action
taken under ORS 813.255, violation of the condition imposed under
this subsection is a Class A traffic violation.
  (4) Except as provided in subsection (5) of this section, if an
ignition interlock system is ordered or required under subsection
(1), (2) or (3) of this section, the person so ordered or
required shall pay to the provider the reasonable costs of
leasing, installing and maintaining the device. A payment
schedule may be established for the person by the department.
  (5)(a) The department may waive, in whole or in part, or defer
the defendant's responsibility to pay all or part of the costs
under subsection (4) of this section if the defendant meets the
criteria for indigence established for waiving or deferring such
costs under subsection (6) of this section. If the defendant's
responsibility for costs is waived, then notwithstanding ORS
813.270, the costs described in subsection (4) of this section
must be paid from the Intoxicated Driver Program Fund.
  (b) The agency or organization that conducted the screening
interview under ORS 813.021 or the diagnostic assessment required
under ORS 813.200 shall inform the person undergoing the
interview or assessment of the possibility that the department
may waive, in whole or in part, or defer the person's
responsibility to pay all or part of the costs under subsection
(4) of this section as described in paragraph (a) of this
subsection.
  (6) The department, by rule, shall establish criteria and
procedures it will use for qualification to waive or defer costs
described under subsection (4) of this section for indigence. The
criteria must be consistent with the standards for indigence
adopted by the federal government for purposes of the
Supplemental Nutrition Assistance Program.
  (7)(a) The department shall suspend driving privileges or the
right to apply for driving privileges if a person convicted of
driving while under the influence of intoxicants in violation of
ORS 813.010 or of a municipal ordinance does not comply with the
requirements of subsection (1) or (2) of this section. Suspension
under this subsection applies to any of the following:
  (A) A person who, at the end of the suspension or revocation
resulting from the conviction, fails to submit proof to the
department that an ignition interlock device has been installed.
The suspension under this subsection for failure to submit proof
of installation shall continue until the department receives
proof that the ignition interlock device has been installed.
  (B) A person who fails to maintain installation of an ignition
interlock device for the period required in subsection (1) or (2)
of this section. The suspension under this subsection for failure
to maintain installation of an ignition interlock device shall
continue until the department receives proof that the ignition
interlock device has been installed or until the device is no
longer required, whichever occurs first.
  (C) A person who tampers with an ignition interlock device
after it has been installed. The suspension under this subsection
for tampering with an ignition interlock device continues until:
  (i) One year after the ending date of the suspension resulting
from the first conviction;
  (ii) Except as provided in sub-subparagraph (iii) of this
subparagraph, two years after the ending date of the suspension
resulting from a second or subsequent conviction; or
  (iii) Five years after the ending date of the longest running
suspension or revocation resulting from a conviction described in
subsection (2) of this section.
  (b) A person whose driving privileges or right to apply for
driving privileges is suspended under this subsection is entitled
to administrative review, as described in ORS 809.440, of the
action.
  (8) The department shall adopt rules permitting medical
exemptions from the requirements of installation and use of an
ignition interlock device under subsections (1) and (2) of this
section.
    { - (9) When a person is required to install an ignition
interlock device under subsection (2) or (3) of this section, the
provider of the device shall provide notice of any installation
or removal of the device or any tampering with the device to the
court that ordered installation of the device or to the court's
designee, including but not limited to an agency or organization
certified by the Oregon Health Authority under ORS 813.025. - }
  SECTION 11. ORS 813.600 is amended to read:
  813.600. (1) The Department of Transportation, in consultation
with the Transportation Safety Committee, shall establish a
program for the use  { + and certification + } of ignition
interlock devices by persons   { - convicted of driving while
under the influence of intoxicants and granted hardship permits
under ORS 807.240 and by persons who have entered into a driving
while under the influence of intoxicants diversion agreement - }
 { +  required to have a device installed under ORS 813.602 + }.
  (2) The department shall adopt rules that specify requirements
for ignition interlock devices { +  and for testing the
devices + } that may be used and shall publish a list of devices
that meet the requirements. The   { - list may include devices
that - }  { +  devices must + }:
  (a)   { - Do - }  Not impede the safe operation of the vehicle;
  (b) Have the fewest opportunities to be bypassed;
  (c) Correlate well with established measures of alcohol
impairment;
  (d) Work accurately and reliably in an unsupervised
environment;
  (e) Require a deep lung breath sample or other accurate measure
of blood alcohol content equivalence;
  (f) Resist tampering and give evidence if tampering is
attempted;
  (g)   { - Are difficult to circumvent, and require
premeditation to do so - }  { +  Contain anticircumvention
features + };
  (h) Minimize inconvenience to a sober user;
  (i) Operate reliably over the range of automobile environments
or automobile manufacturing standards;
  (j)   { - Are - }  { +  Be + } manufactured by a party who is
adequately insured for product liability;   { - and - }
  (k) Have a label affixed in a prominent location warning that
any person tampering with,  { + attempting to disconnect, + }
circumventing or otherwise misusing the device is subject to
 { - civil - }  penalty { + ;
  (L) Use electrochemical fuel cell sensor technology;
  (m) Be preset by the manufacturer to prevent the vehicle from
starting if the breath sample given indicates a blood alcohol
content of 0.025 percent or more by weight of alcohol in the
blood based upon grams of alcohol per 210 liters of breath; and
  (n) Meet any other requirements established by the department
by rule + }.
  SECTION 12. ORS 813.604 is amended to read:
  813.604. (1) When a court orders installation of an ignition
interlock device pursuant to ORS 813.602, the court shall send a
copy of the order to the Department of Transportation. The
department shall note the requirement on the driving record of
the person required to   { - install - }   { + have + } the
device { +  installed + }.
  (2) The department may not issue a hardship permit under ORS
807.240 to any person who is ordered to   { - install - }
 { + have + } an ignition interlock device  { + installed + } on
the person's vehicle until the person furnishes the department
satisfactory proof that the device has been installed on any
vehicle owned or operated by the person.  The department shall
determine by rule what constitutes satisfactory proof under this
subsection.
  (3) When the department issues a hardship permit to a person
who is required to have an ignition interlock device, the
department shall note on the permit that the device is required.
The notation constitutes a limitation on the permit and a person
who violates the limitation is punishable as provided in ORS
811.182 for criminal driving while suspended or revoked.
  SECTION 13. ORS 813.608 is amended to read:
  813.608. (1) A person commits the offense of knowingly
furnishing a motor vehicle without an ignition interlock device
to someone who is not authorized to drive such a vehicle if the
person rents, leases, lends or otherwise furnishes a motor
vehicle to someone the person knows to have been ordered or
required under ORS 813.602, to   { - install - }   { + have + }
an ignition interlock device  { +  installed + }, and the motor
vehicle is not equipped with such a device that is in working
order.
  (2) The offense described in this section, knowingly furnishing
a motor vehicle without an ignition interlock device to someone
who is not authorized to drive such a vehicle, is a Class A
traffic violation.
  SECTION 14.  { + (1) Sections 1, 2 and 5 of this 2013 Act
become operative on January 1, 2015.
  (2) The amendments to ORS 813.602 by section 10 of this 2013
Act become operative July 1, 2015. + }
  SECTION 15.  { + (1) The amendments to ORS 813.600 and 813.602
by sections 9 and 11 of this 2013 Act apply to convictions that
occur on or after the effective date of this 2013 Act.
  (2) The amendments to ORS 813.602 by section 10 of this 2013
apply to convictions that occur on or after July 1, 2015. + }
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