75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2814
 
                         House Bill 2701
 
Sponsored by Representative BARTON, Senator BATES;
  Representatives HOLVEY, KAHL, KOMP, MAURER, READ, STIEGLER,
  WEIDNER, WHISNANT, WITT, Senators BONAMICI, BOQUIST, BURDICK,
  METSGER, MORRISETTE, STARR
 
 
                             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.
 
  Prohibits cities that use photo red light cameras from
providing compensation to manufacturers and vendors of photo red
light cameras based on number of citations issued or percentage
of moneys collected from payment of fines.
  Prohibits cities that use photo red light cameras and photo
radar from collecting more than five percent of annual budget
from citations issued using photo red light cameras and photo
radar.
 
                        A BILL FOR AN ACT
Relating to motor vehicles; amending ORS 810.434 and 810.438.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 810.434 is amended to read:
  810.434. (1) Any city may, at its own cost, operate cameras
designed to photograph drivers who violate ORS 811.265 by failing
to obey a traffic control device.
  (2) Cameras operated under this section may be mounted on
street lights or put in other suitable places.
  (3) A city that chooses to operate a camera shall:
  (a) Provide a public information campaign to inform local
drivers about the use of cameras before citations are actually
issued; and
  (b) Once each biennium, conduct a process and outcome
evaluation for the purposes of subsection   { - (4) - }
 { + (5) + } of this section that includes:
  (A) The effect of the use of cameras on traffic safety;
  (B) The degree of public acceptance of the use of cameras; and
  (C) The process of administration of the use of cameras.
   { +  (4) A city that operates a camera under this section may
not:
  (a) Provide compensation to a manufacturer or vendor of the
cameras:
  (A) Based on the number of traffic citations issued using the
cameras; or
  (B) Based on a percentage of the moneys generated by the
payment of fines from citations issued using the cameras.
  (b) Collect more than five percent of its annual budget from
the payment of fines from citations issued using the cameras. + }
    { - (4) - }  { +  (5) + } By March 1 of the year of each
regular session of the Legislative Assembly, each city that
operates a camera under this section shall present to the
Legislative Assembly the process and outcome evaluation conducted
by the city under subsection (3) of this section.
  SECTION 2. ORS 810.438 is amended to read:
  810.438. (1) The following jurisdictions may, at their own
cost, operate photo radar:
  (a) Albany.
  (b) Beaverton.
  (c) Bend.
  (d) Eugene.
  (e) Gladstone.
  (f) Medford.
  (g) Milwaukie.
  (h) Oregon City.
  (i) Portland.
  (j) Tigard.
  (2) A photo radar system operated under this section:
  (a) May be used on streets in residential areas or school
zones.
  (b) May be used in other areas if the governing body of the
city makes a finding that speeding has had a negative impact on
traffic safety in those areas.
  (c) May not be used for more than four hours per day in any one
location.
  (d) May not be used on controlled access highways.
  (e) May not be used unless a sign is posted announcing '
Traffic Laws Photo Enforced.' The sign posted under this
paragraph must be all of the following:
  (A) On the street on which the photo radar unit is being used.
  (B) Between 100 and 400 yards before the location of the photo
radar unit.
  (C) At least two feet above ground level.
  (3) A city that operates a photo radar system under this
section shall, once each biennium, conduct a process and outcome
evaluation for the purposes of subsection   { - (4) - }
 { + (5) + } of this section that includes:
  (a) The effect of the use of the photo radar system on traffic
safety;
  (b) The degree of public acceptance of the use of the photo
radar system; and
  (c) The process of administration of the use of the photo radar
system.
   { +  (4) A city that operates a photo radar system under this
section may not collect more than five percent of its annual
budget from the payment of fines from citations issued using
photo radar. + }
    { - (4) - }  { +  (5) + } By March 1 of the year of each
regular session of the Legislative Assembly:
  (a) The Department of Transportation shall provide to the
Legislative Assembly an executive summary of the process and
outcome evaluations conducted under subsection (3) of this
section; and
  (b) Each city that operates a photo radar system under this
section shall present to the Legislative Assembly the process and
outcome evaluation conducted by the city under subsection (3) of
this section.
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