The Oregon Senate is considering a bill that would remove the state’s authority to suspend driving privileges over failure to pay traffic tickets and court fines. On February 20, the Senate held a public hearing to get input on the bill’s potential impact.
Called House Bill 4065, it already passed in the Oregon House of Representatives, 18 to 42 on February 18. Two representatives did not vote.
Corvallis’ state legislators Rep. Dan Rayfield and Sen. Sara Gelser both appear to support the bill. Rayfield, district voted yes on the House version. Although the state senate hasn’t voted, State Senator Sara Gelser is listed as one of the bill’s 26 sponsors.
If passed, the bill would impact ORS 809.210 which states that “a court can order the suspension of an individual’s driving privileges if that individual fails to pay court fines related to a driving offense or fails to meet a requirement ordered in lieu of a fine.”
The Senate Heard Arguments For the Bill: Backers and supporters of the bill make the case that it affects lower-income Oregonians disproportionately. Groups like Oregon Food Bank, Oregon Criminal Defense Lawyers Association, and the Oregon Department of Transportation are among those who testified in support of HB 4065.
“Debt-based license suspensions don’t make our roads safer. But they do create impossible choices for people in poverty. It’s hard to earn your way out of debt if you can’t drive to your job. Individuals who are unable to pay are often forced to choose between losing their job—and their ability to pay back their debt—or continue driving.” Statement from Susannah Morgan CEO,Oregon Food Bank
They also heard arguments against: Opponents to HB 4065 also testified citing concerns that the state will lose a powerful deterrent if the state loses the ability to revoke driving privileges for unpaid tickets.
“For many, the primary incentive for a person to pay a traffic fine is the knowledge that, to a reasonable degree of certainty, their driver privilege will be suspended if they do not pay the fine.” From a statement by Jad Lemhouse, retired Justice of the Peace of Brownsville. Another concern cited by Lemhouse is the anticipated loss of revenue.
“This measure would affect revenue to the state courts as well as the local courts. On average, 20% of traffic violation cases have one or more license suspensions for failure to pay. In 2019, circuit courts suspended approximately 28,000 driver licenses for failure to pay.” From a report prepared by State Economist Mazen Malik on the Revenue impact of HB 4065.
Next Steps: The Oregon State Senate scheduled work sessions for February 24, 2020.
If the bill passes, Oregon will join other states that passed similar laws including California, Montana, Idaho, and Mississippi.
By Samantha Sied
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