Bill Text: OR HB2986 | 2013 | Regular Session | Enrolled
Bill Title: Relating to driving privileges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-05-28 - Chapter 246, (2013 Laws): Effective date January 1, 2014. [HB2986 Detail]
Download: Oregon-2013-HB2986-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2986
Sponsored by Representative DEMBROW
CHAPTER ................
AN ACT
Relating to driving privileges; creating new provisions; and
amending ORS 807.250, 809.210, 809.415 and 809.416.
Whereas it is important that ex-offenders acquire the skills
necessary for gainful employment that allows them to become
productive members of society; and
Whereas a successful route to building skills and obtaining
gainful employment is through apprenticeship programs; and
Whereas many apprenticeship programs require students to have a
valid driver license; and
Whereas some ex-offenders have lost their driving privileges
and may not have their driving privileges reinstated until the
ex-offender has paid significant outstanding fines; and
Whereas ex-offenders are unable to pay their financial
obligations when they are unemployed; and
Whereas ex-offenders are willing to do the hard work that is
needed to be successful in an apprenticeship program and secure
gainful employment; and
Whereas it is in this state's interests to allow ex-offenders
the opportunity to reinstate their driving privileges contingent
upon their enrollment in an apprenticeship program and to begin
repaying their fines; now, therefore,
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.
Enrolled House Bill 2986 (HB 2986-A) Page 1
(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 - } { + court + } shall immediately send
to the department notice upon payment of the fine as ordered.
(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 reinstate 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 and immediately notify the department of the
reissuance. 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
Enrolled House Bill 2986 (HB 2986-A) Page 2
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 and immediately notify the department 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 { - 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.
{ + (8) A notification by a court to the department under
this section shall be in a form prescribed by the department. + }
SECTION 2. ORS 809.416 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, 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 { + :
(a) + } The person presents the department with { + a + }
notice { + of reinstatement + } issued by the court showing that
the person { + : + }
{ + (A) + } Has paid the fine { + ; or + } { - or obeyed
the order of the court - }
{ + (B) + } { + Has enrolled in a preapprenticeship program,
as defined in ORS 660.010, or is a registered apprentice under
ORS 660.020; + } or
{ + (b) + } { - Until 10 - } { + Ten + } years have
elapsed, whichever is earlier.
{ + (3) + } { - This subsection shall - } { + Subsection
(2) of this section does + } not subject a person to ORS 809.415
(4) for failure 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.
Enrolled House Bill 2986 (HB 2986-A) Page 3
{ + (4) 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 that a person has failed to 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 has obeyed the order of the court or until 10 years have
elapsed, whichever is earlier. 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) - } { + (5) + } 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 3. ORS 807.250 is amended to read:
807.250. (1) In addition to any requirements under ORS 807.240
and any applicable conditions under ORS 813.500 and 813.520, the
Department of Transportation may not issue a hardship permit
under ORS 807.240 to a person whose suspension of driving
privileges is based upon a conviction of any of the following
unless the person submits to the department a recommendation from
the judge before whom the person was convicted:
(a) ORS 811.140.
(b) ORS 811.540.
(c) Driving while under the influence of intoxicants. If a
person's driving privileges are suspended for a conviction for
driving while under the influence of intoxicants and the person
is determined under ORS 813.500 to have a problem condition
involving alcohol, inhalants or controlled substances as
described in ORS 813.040, the judge must:
(A) Make the recommendation with reference to the best interest
of the public as well as of the defendant and the recommendation
must be in writing.
(B) Recommend times, places, routes and days minimally
necessary for the person to seek or retain employment, to attend
any alcohol or drug treatment or rehabilitation program or to
receive necessary medical treatment for the person or a member of
the person's immediate family.
(2) The department may not issue a hardship permit to a person
whose suspension of driving privileges is based on a conviction
described in ORS 809.265.
(3) The department may not issue a hardship permit to a person
whose driver license or driver permit is suspended pursuant to
ORS 25.750 to 25.783.
(4) The department may not issue a hardship permit to a person
whose driving privileges are suspended pursuant to ORS 809.280
(4) or 809.416 (1) { - or (2) - } { + , (2) or (4) + }.
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
Enrolled House Bill 2986 (HB 2986-A) Page 4
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 suspension is imposed if the
suspension is imposed for a reason described in ORS 809.416 (1)
Enrolled House Bill 2986 (HB 2986-A) Page 5
{ - or (2) - } { + , (2) or (4) + } or five years from the
date the suspension is imposed if the suspension is imposed for
the reason described in ORS 809.416 { - (3) - } { + (5) + }.
(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 5. { + The amendments to ORS 809.210 and 809.416 by
sections 1 and 2 of this 2013 Act apply to offenses occurring
before, on or after the effective date of this 2013 Act. + }
----------
Passed by House April 23, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 21, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2986 (HB 2986-A) Page 6
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 2986 (HB 2986-A) Page 7
