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 3528
A-Engrossed
House Bill 3787
Ordered by the House May 14
Including House Amendments dated May 14
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.
{ - Provides that police agency that seizes motor vehicle by
reason of commission of offense must promptly examine vehicle and
all documents contained in vehicle to determine whether vehicle
is rental vehicle. Requires that police agency contact rental
company within 24 hours after seizure of rental vehicle. - }
{ - Requires that seized motor vehicle be immediately
released to rental company if actual and direct towing and
storage charges are paid. - }
{ - Declares emergency, effective on passage. - }
{ + Requires that any city with population of more than
400,000 that adopts ordinance dealing with impounding of vehicles
provide for release of impounded vehicles in manner provided
under specified state law. + }
A BILL FOR AN ACT
Relating to seizure of motor vehicles; creating new provisions;
and amending ORS 809.715 and 809.720.
Be It Enacted by the People of the State of Oregon:
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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