71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to RC to A-Eng. HB 2112
 
LC 384/HB 2112-A6
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 2112
 
                    By COMMITTEE ON JUDICIARY
 
                             May 31
 
  On page 1 of the printed A-engrossed bill, line 4, after '
192.855' insert 'and section 1, chapter 122, Oregon Laws 2001
(Enrolled House Bill 2040)'.
  On page 11, after line 6, insert:
  '  { +  SECTION 25a. + }  { + If Senate Bill 171 becomes law,
section 25 of this 2001 Act (amending ORS 79.4016) is
repealed. + } ' .
  On page 13, after line 25, insert:
  '  { +  SECTION 30a. + }  { + If House Bill 2380 becomes law,
section 30 of this 2001 Act (amending section 2, chapter 851,
Oregon Laws 1999) is repealed and section 2, chapter 851, Oregon
Laws 1999, as amended by section 2, chapter ___, Oregon Laws 2001
(Enrolled House Bill 2380), is amended to read: + }
  '  { +  Sec. 2. + } (1) Notwithstanding any other provision of
law, if a city authorized to do so by section 1, chapter 851,
Oregon Laws 1999, chooses to operate a camera that complies with
this section and section 1, chapter 851, Oregon Laws 1999, a
citation for violation of ORS 811.265 may be issued on the basis
of photographs from a camera taken without the presence of a
police officer if the following conditions are met:
  ' (a) Signs are posted, so far as is practicable, on all major
routes entering the jurisdiction indicating that compliance with
traffic control devices is enforced through cameras.
  ' (b) Signs are posted near each traffic control device at
which a camera is installed, indicating that a camera may be in
operation at that device.
  ' (c) The citation is mailed to the registered owner of the
vehicle, or to the driver if identifiable, within 10 business
days of the alleged violation.
  ' (d) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
  ' (e) A police officer who has reviewed the photograph signs
the citation. The citation may be prepared on a digital medium,
and the signature may be electronic in accordance with the
provisions of   { - ORS 192.825 to 192.855 - }  { +  sections 1
to 21 of this 2001 Act + }.
  ' (2) If the person named as the registered owner of a vehicle
in the current records of the Department of Transportation fails
to respond to a citation issued under subsection (1) of this
section, a default judgment under ORS 153.102 may be entered for
failure to appear after notice has been given that the judgment
will be entered.
  ' (3) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation
was issued and delivered as provided in this section.
  ' (4) A person issued a citation under subsection (1) of this
section may respond to the citation by submitting a certificate
of innocence or a certificate of nonliability under subsection
(6) of this section or any other response allowed by law.
 
  ' (5) A citation for violation of ORS 811.265 issued on the
basis of photographs from a camera installed as provided in this
section and section 1, chapter 851, Oregon Laws 1999, may be
delivered by mail or otherwise to the registered owner of the
vehicle or to the driver if the driver is identifiable from the
photograph.
  ' (6)(a) If a registered owner of a vehicle responds to a
citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a
certificate of innocence swearing or affirming that the owner was
not the driver of the vehicle and a photocopy of the owner's
driver license, the citation shall be dismissed. The citation may
be reissued if the jurisdiction verifies that the registered
owner appears to have been the driver at the time of the
violation.
  ' (b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting, within
30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged violation
the vehicle was in the custody and control of an employee or was
in the custody and control of a renter or lessee under the terms
of a motor vehicle rental agreement or lease, and if the business
or public agency provides the driver license number, name and
address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The
citation may then be reissued and delivered by mail or otherwise
to the employee, renter or lessee identified in the certificate
of nonliability.
  ' (7) The penalties for and all consequences of a violation of
ORS 811.265 initiated by the use of a camera installed as
provided in this section and section 1, chapter 851, Oregon Laws
1999, are the same as for a violation initiated by any other
means.
  ' (8) A registered owner or an employee, renter or lessee
against whom a judgment for failure to appear is entered may move
the court to relieve the owner or the employee, renter or lessee
from the judgment as provided in ORS 153.105 if the failure to
appear was due to mistake, inadvertence, surprise or excusable
neglect.
  '  { +  SECTION 30b. + }  { + The repeal of section 30 of this
2001 Act (amending section 2, chapter 851, Oregon Laws 1999) and
the amendments to section 2, chapter 851, Oregon Laws 1999, by
section 30a of this 2001 Act become operative on the effective
date of chapter ___, Oregon Laws 2001 (Enrolled House Bill
2380). + } ' .
  On page 14, after line 29, insert:
  '  { +  SECTION 34a. + }  { + Section 1, chapter 122, Oregon
Laws 2001 (Enrolled House Bill 2040) (amending ORS 192.850), is
repealed. + } ' .
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