72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 85
 
                           A-Engrossed
 
                         Senate Bill 15
                 Ordered by the Senate April 16
           Including Senate Amendments dated April 16
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary)
 
 
                             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.
 
  Prohibits Department of Transportation from issuing hardship
permit   { - for employment-related driving - }  to person with
driving privileges suspended for failure to settle judgments { +
for damages caused in motor vehicle accident + }.   { - Requires
that suspension of driving privileges for failure to settle
judgments continue until installment payments are made on
unsettled judgment. - }
 
                        A BILL FOR AN ACT
Relating to suspension of driving privileges; creating new
  provisions; and amending ORS 806.040 and 807.250.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 807.250 is amended to read:
  807.250. (1) In addition to any requirements under ORS 807.240
and any applicable conditions under ORS 813.500 and 813.520, the
Department of Transportation   { - shall - }   { + may + } not
issue a hardship permit under ORS 807.240 to a person whose
suspension of driving privileges is based upon a conviction of
any of the following unless the person submits to the department
a recommendation from the judge before whom the person was
convicted:
  (a) ORS 811.140.
  (b) ORS 811.540.
  (c) Driving while under the influence of intoxicants. If a
person's driving privileges are suspended for a conviction for
driving while under the influence of intoxicants and the person
is determined under ORS 813.500 to have a problem condition
involving alcohol, inhalants or controlled substances as
described in ORS 813.040, the judge must:
  (A) Make the recommendation with reference to the best interest
of the public as well as of the defendant and the recommendation
must be in writing.
  (B) Recommend times, places, routes and days minimally
necessary for the person to retain employment, to attend any
alcohol treatment or rehabilitation program or to receive
necessary medical treatment for the person or a member of the
person's immediate family.
  (2) The department   { - shall - }   { + may + } not issue a
hardship permit to a person whose suspension of driving
privileges is based on a conviction described in ORS 809.265.
  (3) The department   { - shall - }   { + may + } not issue a
hardship permit to a person whose driver license or driver permit
is suspended pursuant to ORS 25.750 to 25.783.
   { +  (4) The department may not issue a hardship permit to a
person whose suspension of driving privileges is based upon a
failure to settle judgments of the type described in ORS
806.040. + }
  SECTION 2. ORS 806.040 is amended to read:
  806.040. Financial responsibility requirements are designed to
provide for minimum payment of judgments of the type described in
this section. When ORS 806.090, 806.100, 806.130, 806.140,
806.255, 806.260,  { + 807.250, + } 809.020, 809.130 { + ,
809.410 + } or 809.470 refer to judgments of the type described
in this section, the reference is to a judgment that meets all of
the following requirements:
  (1) It must have become final by expiration, without appeal, of
the time within which an appeal might have been perfected or by
final affirmation on appeal.
  (2) It must be rendered by a court of competent jurisdiction of
any state or of the United States.
  (3) It must be upon a cause of action for damages of the type
described under subsection (4) of this section or upon a cause of
action on an agreement of settlement for such damages.
  (4) It must be for one or more of the following kinds of damage
arising out of a motor vehicle accident on public or private
property:
  (a) Damages, including damages for care and loss of services,
because of bodily injury to or death of any person.
  (b) Damages because of injury to or destruction of property,
including the loss of use thereof.
  SECTION 3.  { + The amendments to ORS 807.250 by section 1 of
this 2003 Act apply to applications for hardship permits made on
or after the effective date of this 2003 Act. + }
                         ----------