71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3787
 
LC 3528/HB 3787-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3787
 
                    By COMMITTEE ON JUDICIARY
 
                             May 14
 
  In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; and
amending ORS 809.715 and 809.720.'.
  Delete lines 4 through 25 and insert:
  '  { +  SECTION 1. + } ORS 809.715 is amended to read:
  ' 809.715. (1) A police officer who has probable cause to
believe that a person, at or just prior to the time the police
officer stops the person, was driving an uninsured vehicle in
violation of ORS 806.010 may, without prior notice, order the
vehicle impounded until a person with right to possession of the
vehicle complies with the conditions for release or the vehicle
is ordered released by a hearings officer.
  ' (2) Notice that the vehicle has been impounded shall be given
to the same parties, in the same manner and within the same time
limits as provided in ORS 819.180 for notice after removal of a
vehicle.
  ' (3) A vehicle impounded under subsection (1) of this section
shall be released to a person entitled to lawful possession upon
proof of compliance with financial responsibility requirements
for the vehicle, payment to the police agency of an
administrative fee determined by the agency to be sufficient to
recover its actual administrative costs for the impoundment, and
payment of any towing and storage charges. Proof shall be
presented to the impounding police agency, which shall authorize
the person storing the vehicle to release it upon payment of the
charges.
  ' (4)  { + Except as otherwise provided in section 3 of this
2001 Act, + } nothing in this section or ORS 809.716 limits
either the authority of a city or county to adopt ordinances
dealing with impounding of uninsured vehicles or the contents of
such ordinances except that cities and counties shall comply with
the notice requirements of subsection (2) of this section and ORS
809.725.
  '  { +  SECTION 2. + } ORS 809.720 is amended to read:
  ' 809.720. (1) A police officer who has probable cause to
believe that a person, at or just prior to the time the police
officer stops the person, has committed an offense described in
this subsection may, without prior notice, order the vehicle
impounded until a person with right to possession of the vehicle
complies with the conditions for release or the vehicle is
ordered released by a hearings officer. This subsection applies
to the following offenses:
  ' (a) Driving while suspended or revoked in violation of ORS
811.175 or 811.182.
  ' (b) Driving while under the influence of intoxicants in
violation of ORS 813.010.
  ' (c) Operating without driving privileges or in violation of
license restrictions in violation of ORS 807.010.
  ' (2) Notice that the vehicle has been impounded shall be given
to the same parties, in the same manner and within the same time
limits as provided in ORS 819.180 for notice after removal of a
vehicle.
  ' (3) A vehicle impounded under subsection (1) of this section
shall be released to a person entitled to lawful possession upon
compliance with the following:
  ' (a) Submission of proof that a person with valid driving
privileges will be operating the vehicle;
  ' (b) Submission of proof of compliance with financial
responsibility requirements for the vehicle; and
  ' (c) Payment to the police agency of an administrative fee
determined by the agency to be sufficient to recover its actual
administrative costs for the impoundment.
  ' (4) Notwithstanding subsection (3) of this section, a person
who holds a security interest in the impounded vehicle may obtain
release of the vehicle by paying the administrative fee.
  ' (5) When a person entitled to possession of the impounded
vehicle has complied with the requirements of subsection (3) or
(4) of this section, the impounding police agency shall authorize
the person storing the vehicle to release it upon payment of any
towing and storage costs.
  ' (6)  { + Except as otherwise provided in section 3 of this
2001 Act, + } nothing in this section limits either the authority
of a city or county to adopt ordinances dealing with impounding
of uninsured vehicles or the contents of such ordinances.
  '  { +  SECTION 3. + }  { + Any ordinance dealing with
impounding of vehicles that is adopted by a city with a
population of more than 400,000 persons shall provide for release
of the vehicles in the manner described in ORS 809.720 (3) to
(5). + } ' .
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