68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 2357
Sponsored by Representatives NAITO, MEEK
CHAPTER ................
AN ACT
Relating to driving privileges; amending ORS 25.750, 25.753,
25.756, 25.780 and 807.250; appropriating money; and limiting
expenditures.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 25.753 is amended
to read:
25.753. The licenses, certificates, permits or registrations
subject to suspension under ORS 25.750 to 25.783 are:
(1) { + Driving privileges and + } commercial driver licenses
{ - issued - } { + granted + } by the Department of
Transportation under ORS chapter 807;
(2) Electrician licenses issued by the Department of Consumer
and Business Services under ORS 479.510 to 479.945;
(3) Journeyman plumber certificates issued by the Department of
Consumer and Business Services under ORS chapter 693;
(4) Commercial fishing licenses issued by the State Fish and
Wildlife Commission under ORS chapter 508;
(5) Real estate broker, associate broker, salesperson or
property manager licenses issued by the Real Estate Commissioner
under ORS 696.010 to 696.495, 696.710 to 696.730 and 696.800 to
696.855;
(6) Construction contractor registrations of contractors
registered as sole proprietors with the Construction Contractors
Board under ORS chapter 701; and
(7) Landscaping business licenses of licensees registered as
sole proprietors or landscape contractor licenses of licensees
registered as sole proprietors with the State Landscape
Contractors Board under ORS 671.510 to 671.710.
**************************** SECTION 2. ORS 25.780 is amended
to read:
25.780. In addition to any other grounds for suspension
provided by law, { - on and after July 1, 1994, - } the
following state agencies shall suspend without further hearing
the specified licenses, certificates, permits or registrations if
the holder of the license, certificate, permit or registration
has failed to comply with a judgment or order to pay monthly
child support pursuant to the provisions of ORS 25.750 to 25.777
and the agency has been notified of the holder's noncompliance by
the Administrator of the Support Enforcement Division or the
district attorney:
(1) The Department of Transportation, { + driving privileges
and + } commercial driver licenses { - issued - }
{ + granted + } under ORS chapter 807.
(2) The Department of Consumer and Business Services,
electrician licenses issued under ORS 479.510 to 479.945 and
journeyman plumber certificates issued under ORS chapter 693.
(3) The State Fish and Wildlife Commission, commercial fishing
licenses issued under ORS chapter 508.
(4) The Real Estate Commissioner, real estate broker, associate
broker, salesperson and property manager licenses issued under
ORS 696.010 to 696.495, 696.710 to 696.730 and 696.800 to
696.855.
(5) The Construction Contractors Board, registrations of
contractors registered as sole proprietors under ORS chapter 701.
(6) The State Landscape Contractors Board, landscaping business
licenses and landscape contractor licenses of licensees
registered as sole proprietors under ORS 671.510 to 671.710.
**************************** SECTION 3. 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 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 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 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 not issue a hardship permit to a
person whose driving privileges or right to apply for privileges
are suspended pursuant to ORS 25.780. + }
**************************** SECTION 4. { + If Senate Bill 392
becomes law, section 1 of this Act (amending ORS 25.753) is
repealed. + }
**************************** SECTION 5. If Senate Bill 392
becomes law, section 2 of this Act (amending ORS 25.780) is
repealed and ORS 25.780, as amended by section 9, chapter ___,
Oregon Laws 1995 (Enrolled Senate Bill 392), is further amended
to read:
25.780. In addition to any other grounds for suspension
provided by law, on and after the effective date of { + chapter
___, Oregon Laws 1995 (Enrolled Senate Bill 392) + } { - this
1995 Act, - } { + :
(1) + } The Oregon Liquor Control Commission and any entity
that issues licenses, certificates, permits or registrations that
a person is required by state law to possess to engage in an
Enrolled House Bill 2357 Page 2
occupation or profession shall suspend without further hearing
the licenses, certificates, permits or registrations if the
holder of the license, certificate, permit or registration has
failed to comply with a judgment or order to pay monthly child
support pursuant to the provisions of ORS 25.750 to 25.777 and
the entity has been notified of the holder's noncompliance by the
Administrator of the Support Enforcement Division or the district
attorney.
{ + (2) The Department of Transportation shall suspend
without further hearing the driver license or driver permit of a
person if the person has failed to comply with a judgment or
order to pay monthly child support pursuant to the provisions of
ORS 25.750 to 25.777 and the department has been notified of the
noncompliance by the Administrator of the Support Enforcement
Division or the district attorney. + }
**************************** SECTION 6. If Senate Bill 392
becomes law, ORS 807.250, as amended by section 3 of this Act, is
further 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 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 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 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 not issue a hardship permit to a
person whose { - driving privileges or right to apply for
privileges are - } { + driver license or driver permit is + }
suspended pursuant to ORS
{ - 25.780 - } { + 25.750 to 25.783 + }.
**************************** SECTION 7. { + If Senate Bill 392
becomes law, ORS 25.750, as amended by section 1, chapter ___,
Oregon Laws 1995 (Enrolled Senate Bill 392), is further amended
to read: + }
25.750. (1) On and after the effective date of { + chapter
___, Oregon Laws 1995 (Enrolled Senate Bill 392) + } { - this
1995 Act - } , all licenses, certificates, permits or
registrations that a person is required by state law to possess
in order to engage in an occupation or profession { + , + }
{ - and - } all annual licenses issued to individuals by the
Oregon Liquor Control Commission { + and all driver licenses or
Enrolled House Bill 2357 Page 3
permits issued by the Department of Transportation + } are
subject to suspension by the respective issuing entities upon
certification to the issuing entity by the Support Enforcement
Division of the Department of Justice or the district attorney
that a child support case record is being maintained by the
Department of Human Resources, that the case is being enforced by
the Support Enforcement Division or the district attorney under
the provisions of ORS 25.080 and that one or more, as
appropriate, of the following conditions apply:
(a) That the holder of the license, certificate, permit or
registration is under order or judgment to pay monthly child
support and is in arrears, with respect to any such judgment or
order requiring the payment of child support, for a period of
three months or in an amount in excess of $2,500, whichever
occurs later; and either
(b) That the holder of the license, certificate, permit or
registration has not entered into a payment agreement with the
Support Enforcement Division or the district attorney with
respect to those arrears and the continuing child support
obligation; or
(c) That the holder of the license, certificate, permit or
registration is not in compliance with a payment agreement
entered into with the Support Enforcement Division or the
district attorney.
(2) The Department of Human Resources by rule shall specify the
conditions and terms of payment agreements, compliance with which
precludes the suspension of the license, certificate, permit or
registration.
**************************** SECTION 8. { + If Senate Bill 392
becomes law, ORS 25.756, as amended by section 2, chapter ___,
Oregon Laws 1995 (Enrolled Senate Bill 392), is further amended
to read: + }
25.756. The Department of Human Resources shall enter into
agreements regarding the identification of persons who hold
licenses, certificates, permits or registrations and who are
subject to the provisions of ORS 25.750 to 25.783 with:
(1) The Oregon Liquor Control Commission; { - and - }
(2) All entities that issue licenses, certificates, permits or
registrations that a person is required by state law to possess
to engage in an occupation or profession { + ; and + }
{ - . - }
{ + (3) The Department of Transportation. + }
**************************** SECTION 9. { + For the purposes
of carrying out the provisions of this Act:
(1) Notwithstanding any other law, appropriations made from the
General Fund, for the biennium beginning July 1, 1995, for the
Adult and Family Services Division of the Department of Human
Resources are decreased by $11,800.
(2) Notwithstanding any other law, the maximum limit for
payment of expenses from federal funds collected or received by
the Adult and Family Services Division of the Department of Human
Resources, for the biennium beginning July 1, 1995, is increased
by $97,500.
(3) Notwithstanding any other law, the maximum limit for
payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, excluding federal and lottery
funds, collected or received by the Adult and Family Services
Division of the Department of Human Resources, for the biennium
beginning July 1, 1995, is increased by $62,100.
Enrolled House Bill 2357 Page 4
(4) Notwithstanding any other law, the maximum limit for
payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, excluding federal and lottery
funds, collected or received by the Department of Justice, for
the biennium beginning July 1, 1995, is increased by
$147,800. + }
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Passed by House April 5, 1995
Repassed by House June 9, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 8, 1995
...........................................................
President of Senate
Enrolled House Bill 2357 Page 5
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 2357 Page 6