Bill Text: OR SB424 | 2011 | Regular Session | Amended

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

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Bill Title: Relating to pedestrians; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-06-24 - Effective date, June 23, 2011. [SB424 Detail]

Download: Oregon-2011-SB424-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 424

LC 2799/SB 424-4

                      SENATE AMENDMENTS TO
                         SENATE BILL 424

                    By COMMITTEE ON JUDICIARY

                              May 3

  On page 1 of the printed bill, line 2, after 'pedestrians; '
delete the rest of the line and insert 'creating new provisions;
amending ORS 811.028, 811.035 and 814.070; repealing sections 3,
6 and 7, chapter 47, Oregon Laws 2008; and declaring an
emergency.'.
  In line 27, after 'roadway' insert 'in a crosswalk'.
  In line 29, delete ', bicycle or leashed animal' and insert '
or bicycle,' and after 'roadway' insert 'in a crosswalk'.
  On page 2, line 18, after 'animal' insert a comma.
  After line 21, insert:
  '  { +  SECTION 3. + } ORS 814.070, as amended by section 2,
chapter 47, Oregon Laws 2008, and section 3, chapter 547, Oregon
Laws 2009, is amended to read:
  ' 814.070. (1) A pedestrian commits the offense of pedestrian
with improper position upon or improperly proceeding along a
highway if the pedestrian does any of the following:
  ' (a) Takes a position upon or proceeds along and upon the
roadway where there is an adjacent usable sidewalk or shoulder.
  ' (b) Does not take a position upon or proceed along and upon
the shoulder, as far as practicable from the roadway edge, on a
highway that has an adjacent shoulder area on one or both sides.
  ' (c) Except in the case of the divided highway, does not take
a position upon or proceed along and upon the left shoulder and
as far as practicable from the roadway edge on a two-way highway
that has no sidewalk and that does have an adjacent shoulder
area. This paragraph does not apply to:
  ' (A) A hitchhiker who takes a position upon or proceeds along
and upon the right shoulder so long as the hitchhiker does so
facing the vehicles using the adjacent lane of the roadway; or
  ' (B) A member of a group that has adopted that section of
highway under the provisions of ORS 366.158 who is obeying the
rules of the Department of Transportation for picking up litter
or removing noxious weeds on either side of the roadway.
  ' (d) Does not take a position upon or proceed along and upon
the right highway shoulder, as far as practicable from the
roadway edge, on a divided highway that has no sidewalk and does
have a shoulder area. This paragraph does not apply to a member
of a group that has adopted that section of highway under the
provisions of ORS 366.158 who is obeying the rules of the
Department of Transportation for picking up litter or removing
noxious weeds on either side of the roadway.
  ' (e) Fails to take a position upon or proceed along and upon a
highway that has neither sidewalk nor shoulder available, as near
as practicable to an outside edge of the roadway, and, if the
roadway is a two-way roadway, only on the left side of it.
  ' (2) This section is subject to the provisions of ORS 814.100.
  '  { +  (3) A pedestrian does not commit the offense of
pedestrian with improper position upon or improperly proceeding
along a highway if the pedestrian:
  ' (a) Does not impede traffic or create a traffic hazard;
  ' (b) Posts advance warning signs in compliance with standards
adopted by the Oregon Transportation Commission under ORS
810.200;
  ' (c) Wears high-visibility safety apparel in compliance with
standards adopted by the Oregon Transportation Commission under
ORS 810.200; and
  ' (d) Has a permit or belongs to a group that has a permit
issued under section 5, chapter 47, Oregon Laws 2008. + }
  '  { - (3) - }  { +  (4) + } The offense described in this
section, pedestrian with improper position upon or improperly
proceeding along a highway, is a Class D traffic violation.
  '  { +  SECTION 4. + }  { + Sections 3, 6 and 7, chapter 47,
Oregon Laws 2008, are repealed. + }
  '  { +  SECTION 5. + }  { + If this 2011 Act does not become
effective until after July 1, 2011, any permit issued under
section 5, chapter 47, Oregon Laws 2008, by a road authority
after July 1, 2011, but before the effective date of this 2011
Act is valid. + }
  '  { +  SECTION 6. + }  { + This 2011 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act
takes effect on its passage. + } ' .
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