SENATE AMENDMENTS TO A-ENGROSSED HOUSE BILL 2597

Similar documents
DISTRACTED DRIVING (CELL PHONE) (MOBILE COMMUNICATION DEVICE) HOUSE BILL Effective Oct 1, 2017

18 HB 673/AP A BILL TO BE ENTITLED AN ACT

A Bill Regular Session, 2019 SENATE BILL 66

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

SENATE BILL 1080 AN ACT AMENDING SECTIONS AND , ARIZONA REVISED STATUTES; RELATING TO DRIVER LICENSES.

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 36

TRAFFIC NEWSLETTER. Vol. 23, No. 1, January 2012

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

P.L. 2007, c.348 Approved January 13, 2008

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3119 SUMMARY

HOUSE BILL lr0078 A BILL ENTITLED. Vehicle Laws Young Drivers Driving Privileges

CHAPTER 37. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

Senate Substitute for HOUSE BILL No. 2225

SENATE BILL 803. (1lr0342) ENROLLED BILL Judicial Proceedings/Judiciary

SENATE BILL 265 A BILL ENTITLED. Vehicle Laws Young Drivers Driving Privileges

New Entrants Safety Education Seminar for Georgia Motor Carriers CHAPTER 4

UNOFFICIAL COPY OF SENATE BILL 53 CHAPTER

IC Chapter 5. Operating a Vehicle While Intoxicated

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3389 SUMMARY

PROPOSED AMENDMENTS TO HOUSE BILL 3159

2000 DWI Law Recodification

IC Chapter 8. School Bus Drivers

CITY OF NEW BALTIMORE MACOMB COUNTY, MICHIGAN NOTICE OF ADOPTION ORDINANCE NO. 175

50-Hour Parent/Teen Driving Guide. Revised for New Mexico 2016

ASSEMBLY, No. 950 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Department of Legislative Services

GENERAL ASSEMBLY OF NORTH CAROLINA 1987 SESSION CHAPTER 1112 HOUSE BILL 2489

LEGAL MEMORANDUM OF THE TOWN OF WEST WARWICK IN SUPPORT OF RHODE ISLAND PUBLIC TOWING ASSOCIATION, INC S PETITON FOR DECLARATORY JUDGMENT

APPENDIX I Motor Vehicle Point and Surcharge Regulations CHAPTER 19. COMPLIACE AND SAFETY

62nd Legislature AN ACT ENCOURAGING DUI COURT PARTICIPATION; REVISING PENALTIES FOR DRIVING UNDER THE

Senate Bill 1008 Ordered by the Senate June 26 Including Senate Amendments dated April 24 and June 26

IC Chapter 6. Commercial Driver's License

House Bill 2638 Ordered by the House March 10 Including House Amendments dated March 10

ASSEMBLY JOINT RESOLUTION No. 64 STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 1, 2018

Business and Noninstructional Operations

IC Chapter 5. Speed Limits

IC School bus driver driving summary Sec. 2. (a) Before a school corporation enters into a:

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS Act of May. 25, 2016, P.L. 236, No. 33 Cl. 75 Session of 2016 No AN ACT

H 5456 S T A T E O F R H O D E I S L A N D

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

Ohio Legislative Service Commission

Edi tor's note: T his version of paragraph (a) is effective until January 1, 2009.

Austin City Council Meeting Transcript (Edited)* Hands Free Ordinance Discussion

Referred to Committee on Transportation. SUMMARY Revises provisions governing motor vehicles and off-highway vehicles.

Chapter 390 LICENSING REQUIREMENTS. ARTICLE I Operator's Licenses Section Driving While License Suspended or Revoked.

CORRECTED COPY HOUSE BILL NO. HB0093

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

IC Chapter 12. School Buses; Fire and Emergency Vehicles

2. A certificate issued by the California Highway Patrol (CHP) which permits the operation of school buses or student activity buses, as applicable

HIGHWAY TRAFFIC ACT DRIVER S LICENSES REGULATIONS

The Drinking Driver Program

Statutory Speed Limit: 70 MPH on interstate and controlled access highways 1 ''32:61(B) &

Colorado Revised Statutes Automated vehicle identification systems

ASSEMBLY BILL No. 87. Introduced by Assembly Member Ting (Coauthor: Assembly Member Nazarian) January 5, 2017

House Bill 2102 Sponsored by Representative HUFFMAN (Presession filed.)

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

The judge must hold a sentencing hearing to determine if there are aggravating or mitigating factors that affect the sentence.

To facilitate the extension of departmental services through third party testing organizations as provided for by CRS (b)

Idling Control By-law

ASSEMBLY, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED JANUARY 27, 2014

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3157

RALEIGH COUNTY ALL-TERRAIN VEHICLES (ATV) ORDINANCE

Possess a valid CDL with proper endorsements for the vehicle being driven;

West Virginia Motor Vehicle Laws

P.L. 2001, CHAPTER 420, approved January 8, 2002 Assembly, No (Fourth Reprint)

A Bill Regular Session, 2017 HOUSE BILL 1920

ENROLLED ACT NO. 56, HOUSE OF REPRESENTATIVES SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING 2018 BUDGET SESSION

INTRODUCTION TO THE CODES

STATE OF RHODE ISLAND

Chapter 385 LICENSING REQUIREMENTS. ARTICLE I Operator's Licenses Section Driving While License Suspended or Revoked.

2011 Bill 26. Fourth Session, 27th Legislature, 60 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 TRAFFIC SAFETY AMENDMENT ACT, 2011

A Bill Regular Session, 2017 HOUSE BILL 1882

A GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE

LAKE COUNTY SHERIFF S OFFICE

z.5f SEAL 1. Sections 6-2-1, 6-2-3, 6-2-4, and are hereby amended to read as shown in Exhibit "A."

HB Introduced by Representatives Townsend, Boyer, Petersen: Allen J, Carter, Cobb, Finchem, Leach, Mesnard, Rivero AN ACT

Home Model Legislation Public Safety and Elections

Provided by: Marshall & Sterling, Inc. Cellphone Use While Driving Laws by State

ORDINANCE This ordinance is adopted pursuant to Section Florida Statutes.

Session of HOUSE BILL No By Committee on Transportation 2-14

SENATE AMENDMENTS TO SENATE BILL 1008

New York State Department of Motor Vehicles

H 6302 S T A T E O F R H O D E I S L A N D

Department of Legislative Services Maryland General Assembly 2009 Session. FISCAL AND POLICY NOTE Revised

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

SUBCHAPTER 3G - SCHOOL BUS AND TRAFFIC SAFETY SECTION SECTION GENERAL INFORMATION

IC Chapter 12. School Buses; Fire and Emergency Vehicles

Department of Legislative Services Maryland General Assembly 2012 Session

TR-52-07F. FROM: Bruce D. Little, Senior Transportation Consultant, (303)

A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.

CHAPTER 12 TOW TRUCKS

State of Iowa GTSB Conference Des Moines, Iowa. April 28, 2015

ORDINANCE NO The City finds and declares the following:

"Semitrailer." A trailer so constructed that some part of its weight rests upon or is carried by the towing vehicle.

ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES

CHAUTAUQUA COUNTY DISTRICT ATTORNEY S TRAFFIC SAFETY PROGRAM

Commercial Driver s License Laws

Transcription:

th OREGON LEGISLATIVE ASSEMBLY--01 Regular Session SENATE AMENDMENTS TO A-ENGROSSED HOUSE BILL By COMMITTEE ON RULES June 1 1 1 1 1 1 1 0 1 0 1 On page 1 of the printed A-engrossed bill, delete lines through and delete pages through and insert: SECTION 1. ORS.0 is amended to read:.0. (1) As used in this section: (a)(a) Driving means operating a motor vehicle on a highway or premises open to the public, and while temporarily stationary because of traffic, a traffic control device or other momentary delays. (B) Driving does not include when the motor vehicle has stopped in a location where it can safely remain stationary and: (i) Is pulled over on the side of, or is pulled off, a roadway; (ii) Is in a designated parking space; or (iii) Is required to park in the roadway to conduct necessary utility maintenance work. [(a)] (b) Hands-free accessory means an attachment or built-in feature for or an addition to a mobile [communication] electronic device[, whether or not permanently installed in a motor vehicle,] that when used [allows a person to maintain] gives a person the ability to keep both hands on the steering wheel. [(b) Mobile communication device means a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.] (c)(a) Mobile electronic device means an electronic device that is not permanently installed in a motor vehicle. (B) Mobile electronic device includes but is not limited to a device capable of text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail. (d) Using a mobile electronic device includes but is not limited to using a mobile electronic device for text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail. () A person commits the offense of [operating] driving a motor vehicle while using a mobile [communication] electronic device if the person, while [operating] driving a motor vehicle on a highway[,] or premises open to the public: (a) Holds a mobile electronic device in the person s hand; or (b) Uses a mobile [communication] electronic device for any purpose. () This section does not apply to a person: (a) Who activates or deactivates a mobile [communication] electronic device or a function of the device [or who]; (b) Who is employed as a commercial motor vehicle driver, or as a school bus driver, LC /HB -A

1 1 1 1 1 1 0 1 0 1 0 1 and is using a mobile electronic device within the scope of the person s employment if the use is permitted under regulations promulgated pursuant to U.S.C. ; (c) Who is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with rules of the Federal Communications Commission while transporting forest products, or while operating a vehicle to assist in logging operations, within the scope of the person s employment; (d) Who is using a two-way radio device while operating a school bus or school activity vehicle within the scope of the person s employment; or (e) Who is using a two-way radio device or operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with rules of the Federal Communications Commission while operating a vehicle owned or contracted by a utility for the purpose of installing, repairing, maintaining, operating or upgrading utility service, including but not limited to natural gas, electricity, water or telecommunications, within the scope of the person s employment. () It is an affirmative defense to a prosecution of a person under this section that the person: (a) [Uses] Used the mobile electronic device [for voice communication] to communicate if the person[:] [(a) Is] was summoning or providing medical or other emergency help if no other person in the vehicle [is] was capable of summoning help; [(b) Is using a mobile communication device for the purpose of farming or agricultural operations;] [(c) Is operating an ambulance or emergency vehicle;] [(d)] (b) [Is] Was years of age or older and [is] was using a hands-free accessory; (c) Was driving an ambulance or emergency vehicle while acting within the scope of the person s employment; (d) Was a police officer, firefighter or emergency medical services provider and was acting within the scope of the person s employment; [(e) Is operating a motor vehicle while providing public safety services or emergency services;] [(f) Is operating a motor vehicle while acting in the scope of the person s employment as a public safety officer, as defined in ORS.0;] [(g) Is operating a tow vehicle or roadside assistance vehicle while acting in the scope of the person s employment;] [(h)] (e) [Holds] Was years of age or older, held a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and [is] was operating an amateur radio; [(i)] (f) [Is] Was operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with rules of the Federal Communications Commission[;] to summon medical or other emergency help; or (g) Was using a medical device. [(j) Is operating a vehicle owned or contracted by a utility for the purpose of installing, repairing, maintaining, operating or upgrading utility service, including but not limited to natural gas, electricity, SA to A-Eng. HB Page

1 1 1 1 1 1 0 1 0 1 0 1 water or telecommunications, while acting in the scope of the person s employment; or] [(k) Is using a function of the mobile communication device that allows for only one-way voice communication while the person is:] [(A) Operating a motor vehicle in the scope of the person s employment;] [(B) Providing transit services; or] [(C) Participating in public safety or emergency service activities.] [()] () The offense described in this section, [operating] driving a motor vehicle while using a mobile [communication] electronic device, is: (a) Except as provided in paragraph (b) of this subsection, for a person s first conviction, a Class [C] B traffic violation. (b) For a person s first conviction, if commission of the offense contributes to an accident described in ORS.0, a Class A traffic violation. (c) For a person s second conviction within a -year period following the date of the person s first conviction, a Class A traffic violation. (d) For a person s third or subsequent conviction within a -year period preceding the date of the person s current conviction, a Class B misdemeanor. () In addition to any other sentence that may be imposed, the court shall impose a minimum fine of $,000 on a person convicted of a Class B misdemeanor under subsection ()(d) of this section. () For purposes of this section, sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence. [()] () The Department of Transportation shall place signs on state highways to notify drivers that [violation of this section is subject to a maximum fine of $00] it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties. SECTION. ORS.0, as amended by section 1 of this 01 Act, is amended to read:.0. (1) As used in this section: (a)(a) Driving means operating a motor vehicle on a highway or premises open to the public, and while temporarily stationary because of traffic, a traffic control device or other momentary delays. (B) Driving does not include when the motor vehicle has stopped in a location where it can safely remain stationary and: (i) Is pulled over on the side of, or is pulled off, a roadway; (ii) Is in a designated parking space; or (iii) Is required to park in the roadway to conduct necessary utility maintenance work. (b) Hands-free accessory means an attachment or built-in feature for or an addition to a mobile electronic device that when used gives a person the ability to keep both hands on the steering wheel. (c)(a) Mobile electronic device means an electronic device that is not permanently installed in a motor vehicle. (B) Mobile electronic device includes but is not limited to a device capable of text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail. (d) Using a mobile electronic device includes but is not limited to using a mobile electronic device for text messaging, voice communication, entertainment, navigation, accessing the Internet or producing electronic mail. SA to A-Eng. HB Page

1 1 1 1 1 1 0 1 0 1 0 1 () A person commits the offense of driving a motor vehicle while using a mobile electronic device if the person, while driving a motor vehicle on a highway or premises open to the public: (a) Holds a mobile electronic device in the person s hand; or (b) Uses a mobile electronic device for any purpose. () This section does not apply to a person: (a) Who activates or deactivates a mobile electronic device or a function of the device; (b) Who is employed as a commercial motor vehicle driver, or as a school bus driver, and is using a mobile electronic device within the scope of the person s employment if the use is permitted under regulations promulgated pursuant to U.S.C. ; (c) Who is operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with rules of the Federal Communications Commission while transporting forest products, or while operating a vehicle to assist in logging operations, within the scope of the person s employment; (d) Who is using a two-way radio device while operating a school bus or school activity vehicle within the scope of the person s employment; or (e) Who is using a two-way radio device or operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with rules of the Federal Communications Commission while operating a vehicle owned or contracted by a utility for the purpose of installing, repairing, maintaining, operating or upgrading utility service, including but not limited to natural gas, electricity, water or telecommunications, within the scope of the person s employment. () It is an affirmative defense to a prosecution of a person under this section that the person: (a) Used the mobile electronic device to communicate if the person was summoning or providing medical or other emergency help if no other person in the vehicle was capable of summoning help; (b) Was years of age or older and was using a hands-free accessory; (c) Was driving an ambulance or emergency vehicle while acting within the scope of the person s employment; (d) Was a police officer, firefighter or emergency medical services provider and was acting within the scope of the person s employment; (e) Was years of age or older, held a valid amateur radio operator license issued or any other license issued by the Federal Communications Commission and was operating an amateur radio; (f) Was operating a two-way radio device that transmits radio communication transmitted by a station operating on an authorized frequency within the citizens or family radio service bands in accordance with rules of the Federal Communications Commission to summon medical or other emergency help; or (g) Was using a medical device. () The offense described in this section, driving a motor vehicle while using a mobile electronic device, is: (a) Except as provided in paragraph (b) of this subsection, for a person s first conviction, a Class B traffic violation. (b) For a person s first conviction, if commission of the offense contributes to an accident described in ORS.0, a Class A traffic violation. SA to A-Eng. HB Page

1 1 1 1 1 1 0 1 0 1 0 1 (c) For a person s second conviction within a -year period following the date of the person s first conviction, a Class A traffic violation. (d) For a person s third or subsequent conviction within a -year period preceding the date of the person s current conviction, a Class B misdemeanor. () In addition to any other sentence that may be imposed, the court shall impose a minimum fine of $,000 on a person convicted of a Class B misdemeanor under subsection ()(d) of this section. () For purposes of this section, sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence. ()(a) For a person s first conviction of driving a motor vehicle while using a mobile electronic device, the court may suspend the fine to be imposed under subsection ()(a) of this section on the condition that the person, within days of sentencing: (A) Complete at the person s own expense a distracted driving avoidance course approved by the Department of Transportation under section of this 01 Act; and (B) Provide proof of completion to the court. (b) The court may schedule a hearing to determine whether the person successfully completed the distracted driving avoidance course. (c) If the person has successfully completed the requirements described in paragraph (a) of this subsection, the court shall enter a sentence of discharge. (d) If the person has not successfully completed the requirements described in paragraph (a) of this subsection, the court shall: (A) Grant the person an extension based on good cause shown; or (B) Impose the fine under subsection ()(a) of this section. [()] () The department [of Transportation] shall place signs on state highways to notify drivers that it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties. SECTION. Section of this 01 Act is added to and made a part of the Oregon Vehicle Code. SECTION. (1) The Department of Transportation by rule shall establish standards for a distracted driving avoidance course provided to persons who violate ORS.0. The standards must describe the contents and quality of a curriculum for the course, specify requirements for obtaining a certificate or other evidence of having completed the course and otherwise determine the level and depth of knowledge a person must have obtained from the course. () The department shall maintain a list of providers approved to lead the course described in this section and shall update the list monthly. The department shall prescribe procedures for providing the provider list to courts. SECTION. The amendments to ORS.0 by section 1 of this 01 Act apply to conduct that occurs on or after the effective date of this 01 Act. SECTION. (1) Section of this 01 Act and the amendments to ORS.0 by section of this 01 Act become operative on January 1, 0. () The Department of Transportation may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the department, on and after the operative date specified in subsection (1) of this section, to exercise the duties, functions and powers conferred on the department by section of this 01 Act and the amendments to ORS.0 by section of this 01 Act. SA to A-Eng. HB Page

SECTION. This 01 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 01 Act takes effect October 1, 01.. SA to A-Eng. HB Page