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
 
                         House Bill 3787
 
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 as
introduced.
 
  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.
 
                        A BILL FOR AN ACT
Relating to seizure of motor vehicles; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Any police agency that seizes a motor
vehicle by reason of the commission of an offense, whether for
forfeiture, impoundment, nuisance or any other reason, shall
promptly examine the motor vehicle and all documents contained in
the motor vehicle to determine whether the motor vehicle is a
rental vehicle. If the police agency determines that the motor
vehicle is a rental vehicle, the police agency must contact the
rental company that is the owner of the motor vehicle within 24
hours after the seizure.
  (2) Upon payment of any actual and direct towing and storage
charges attributable to the seizure and storage of a motor
vehicle, the motor vehicle shall be immediately released to the
rental company that is the owner of the motor vehicle.
  (3) A rental company that is the owner of a motor vehicle
seized by a police agency as described in subsection (1) of this
section may not be required, as a condition of acquiring the
release of the motor vehicle, to:
  (a) Pay costs of investigation of the offense or of the driver,
or other direct or indirect costs associated with the conduct of
the driver;
  (b) Waive any right to contest current or future actions of a
city, county, police agency or other public body; or
  (c) Waive any other legal rights, including its right to object
to defects in procedures, to contest seizures and forfeitures, or
to make claims for injuries, damages, losses, costs or
expenses. + }
 
  SECTION 2.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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