71st OREGON LEGISLATIVE ASSEMBLY--2001 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 3529
 
                           B-Engrossed
 
                         House Bill 3782
                  Ordered by the Senate June 13
  Including House Amendments dated May 11 and Senate Amendments
                          dated June 13
 
Sponsored by COMMITTEE ON SMART GROWTH AND COMMERCE
 
 
                             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.
 
  Authorizes court to establish procedure { + , after
consultation and cooperation with representatives from car rental
or leasing companies, + } under which car rental or leasing
company is discharged from obligation on parking violation if
company alleges vehicle was in custody of renter or lessee at
time of violation. Provides that person identified as renter or
lessee thereafter becomes defendant.
 
                        A BILL FOR AN ACT
Relating to delinquent parking; amending ORS 221.285.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 221.285 is amended to read:
  221.285. (1) A notice of delinquent parking violation
containing the information specified in ORS 221.333 shall be sent
to each car rental or leasing company that is the registered
owner of a motor vehicle cited for being parked in violation of a
city ordinance within 30 days after the date on which the
citation for violation of the parking ordinance was issued.
  (2) If a notice of delinquent parking violation is not sent to
a car rental or leasing company within 30 days after the date on
which the citation for violation of the parking ordinance was
issued, the charge against the car rental or leasing company of
violating the parking ordinance shall be dismissed and no further
enforcement actions against the car rental or leasing company or
its vehicles may be taken.
  (3) If the car rental or leasing company pays the amount
specified on the citation within 30 days after the date on which
the notice of delinquent parking violation was mailed { +  to the
car rental or leasing company + }, the fine required to be paid
shall not be increased beyond the original amount specified in
the citation.
   { +  (4)(a) If a court establishes a procedure for a car
rental or leasing company to provide, in a manner and format
determined by the court, information including the name, address
and driver license number of the person in whose name the vehicle
was rented or leased at the time of the violation of the parking
ordinance, and the car rental or leasing company provides the
information in the required manner and format within 30 days
after the date on which the notice of delinquent parking
violation was mailed to the car rental or leasing company, the
renter or lessee who had custody and control of the vehicle when
the parking violation occurred shall thereafter be the defendant
in the prosecution of the parking violation.
  (b) A car rental or leasing company that provides the
information described in paragraph (a) of this subsection is
discharged from any obligation on the parking violation and is no
longer a defendant in the prosecution of the parking violation.
  (c) A court may not establish a procedure pursuant to paragraph
(a) of this subsection unless the court consults and cooperates
with representatives from car rental or leasing companies.
  (d) If a car rental or leasing company does not provide the
information required by the court under paragraph (a) of this
subsection within the time specified or provides the information
in an incorrect manner or format, the car rental or leasing
company may recover the amount of any fine paid to a city
pursuant to ORS 221.287. + }
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