Oregon 2026 Regular Session Status: In Committee Bipartisan · 11 D · 3 R cosponsors

HB 4081 — Relating to photo radar in highway work zones.

Last action — In committee upon adjournment.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2026 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Makes changes to the highway worker photo radar laws.

Bill Text

What changed in the latest version

171 added · 24 removed

Plain-language change summary

The updated House Bill 4081 includes new provisions related to photo radar usage in highway work zones. Notably, it specifies that revenue generated from citations must first cover the costs of the photo radar program, with any excess funds directed toward traffic safety initiatives. This change is significant because it ensures that funds collected specifically for highway worker safety are allocated to improve conditions in work zones, enhancing protection for both workers and drivers.

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83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session HOUSE AMENDMENTS TO HOUSE BILL 4081 By COMMITTEE ON TRANSPORTATION February 18 On page 1 of the printed bill, line 2, after “zones;” insert “creating new provisions;
83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-Engrossed House Bill 4081 Ordered by the House February 18 Including House Amendments dated February 18 Sponsored by Representative MCLAIN, Senators NERON MISSLIN, FREDERICK, Representative WATANABE;
and”.
Representatives ANDERSEN, BOWMAN, DOBSON, GAMBA, HELM, MANNIX, MARSH, OWENS, RIEKE SMITH, Senator WEBER (Presession filed.) 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.
On page 2, line 31, after “behavior.” insert “This subsection may not be construed to limit the authority of the Department of Transportation or the Oregon State Police to operate photo radar units as otherwise authorized under this section.”.
It is an editor’s brief statement of the essential features of the measure.
On page 3, lines 33 through 38, restore the bracketed material and delete the boldfaced material.
The statement includes a measure digest written in compliance with applicable readability standards.
In line 33, delete “jurisdiction” and insert “court”.
Digest:
In line 38, delete “jurisdiction” and insert “Oregon State Police”.
Makes changes to the highway worker photo radar laws.
On page 4, after line 15, insert:
(Flesch Readability Score:
“SECTION 3.
66.1).
Makes changes to the highway worker photo radar laws.
A BILL FOR AN ACT Relating to photo radar in highway work zones;
creating new provisions;
and amending ORS 810.441 and 810.442.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 810.441 is amended to read:
810.441.
[(1) The Department of Transportation may operate photo radar within a highway work zone that is located on a state highway.
The photo radar unit may be operated only:] [(a) In the area within a highway work zone when highway workers, as defined in ORS 811.230, are present.
The photo radar unit may not be operated in a location more than 100 yards from where highway workers are present and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where highway workers are present.] [(b) When the configuration of the roadway is temporarily changed, including but not limited to temporary changes made to the number of usable lanes, lane width, shoulder width or curvature of the roadway.
The photo radar unit may not be operated in a location more than 100 yards from where the configuration of the roadway is temporarily changed and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where the highway configuration is temporarily changed.] [(2) The department, at its own cost, may ask a jurisdiction authorized to operate photo radar un- der ORS 810.438 (1) or the Oregon State Police to operate a photo radar unit in a highway work zone on a state highway.] [(3) A photo radar unit operated under this section may not be used unless a sign is posted an- nouncing that photo radar is in use.
The sign posted under this subsection must be all of the following:] [(a) Located on the state highway on which the photo radar unit is being used.] [(b) Between 100 and 400 yards before the location of the photo radar unit.] (1) The Department of Transportation shall, in collaboration with the Oregon State Po- NOTE:
Matter in boldfaced type in an amended section is new;
matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 11 A-Eng.
HB 4081 lice, establish a highway worker photo radar program and operate photo radar units within highway work zones that are located on state highways.
The department is responsible for procuring and administering contracts necessary to:
(a) Implement the program, which includes but is not limited to contracts for photo ra- dar units, training and administration;
and (b) Ensure the photo radar units:
(A) Measure vehicle speed within the accuracy tolerance level determined by the Oregon State Police;
(B) Produce clear digital images that show the motor vehicle, registration plate, date, time, location, recorded speed and individual driving the vehicle;
(C) Are regularly inspected by a qualified technician no less than once every 60 days;
(D) Are installed and operating properly;
and (E) Are calibrated in accordance with the manufacturer’s instructions, and at least once per year by an independent calibration laboratory.
(2) The photo radar units may be operated only in the area within a highway work zone when highway workers, as defined in ORS 811.230, are present and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where highway workers are present.
(3) A photo radar unit operated under this section may not be used unless a sign is posted announcing that photo radar is in use.
The sign posted under this subsection must be:
(a) Located on the state highway on which the photo radar unit is being used;
and (b) Within one mile of the location of the photo radar unit or the highway work zone in which the photo radar unit is in use.
(4) The department shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (5) of this section that includes:
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(a) The effect of the use of photo radar on traffic safety;
(b) The degree of public acceptance of the use of photo radar;
and (c) The process of administration of the use of photo radar.
(5) The department shall report to the Legislative Assembly by March 1 of each odd-numbered year.
(6) Before March 1 of any year in which photo radar units will be deployed under this section, the department shall notify the Judicial Department of the number of photo radar units that are intended to be deployed over the following 12 months, the counties within which the photo radar units are likely to be deployed and the number of citations expected to be issued based on traffic volume and expected driver behavior.
This subsection may not be construed to limit the authority of the Department of Transportation or the Oregon State Police to operate photo radar units as otherwise authorized under this section.
[(6)] (7) As used in this section, “highway work zone” has the meaning given that term in ORS 811.230.
SECTION 2.
ORS 810.442 is amended to read:
810.442.
(1) Notwithstanding any other provision of law, when [a jurisdiction or the Oregon State Police uses] photo radar is used pursuant to ORS 810.441 in a highway work zone:
(a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met:
[2] A-Eng.
HB 4081 [(A) The photo radar unit is operated by a uniformed police officer.] [(B) The photo radar unit is operated out of a marked police vehicle.] [(C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit.] (A) A police officer has reviewed the photographic evidence of the conduct and signs the citation.
(B) The person operating the vehicle exceeded the speed limit or designated speed by six miles per hour or greater.
(C) A sign is posted that indicates that photo radar is in use and the sign meets the re- quirements described in ORS 810.441.
(D) The citation is mailed to the registered owner of the vehicle within [six business] 30 days of the alleged violation.
(E) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.
[(F)(i) One or more highway workers, as defined in ORS 811.230, are present and the photo radar unit is operated within 100 yards from where highway workers are present and located on the same roadway where highway workers are present;
or] [(ii) The configuration of the roadway is temporarily changed within the highway work zone, in- cluding but not limited to temporary changes made to the number of usable lanes, lane width, shoulder width or curvature of the roadway, and the photo radar unit is operated within 100 yards from where the configuration of the roadway is temporarily changed and located on the same roadway where the highway configuration is temporarily changed.] [(G)] (F) The [jurisdiction operating photo radar] Oregon State Police complies with the re- quirements described in ORS 810.441.
(b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in this section.
(c) A person issued a citation under this subsection may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (3) of this section or may make any other response allowed by law.
(2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver.
The citation may be prepared on a digital medium and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.
The Oregon State Police is responsible for accurately transmitting citations, and corresponding data and evidence, issued under this section to the Judicial Department for processing.
The Oregon State Police shall include in the citations information that allows courts to identify that the citations were issued under this section.
(3)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of in- nocence swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner’s driver license.
A [jurisdiction] court that receives a certificate of inno- cence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy.
The citation may be reissued only once, only to the registered owner and only if the [jurisdiction] Oregon State Police verifies that the registered owner appears to have been the driver at the time of the violation.
A registered owner may not submit a certificate of in- [3] A-Eng.
HB 4081 nocence in response to a reissued citation.
(b) If a business or public agency responds to a citation issued under subsection (1) of this sec- tion by submitting, within 30 days from the mailing of the citation, a certificate of nonliability stating that at the time of the alleged speeding violation the vehicle was in the custody and control of an employee, or was in the custody and control of a renter or lessee under the terms of a rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency.
The citation may then be issued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.
(4) If the person named as the registered owner of a vehicle in the current records of the De- partment of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.
(5) The penalties for and all consequences of a speeding violation initiated by the use of photo radar are the same as for a speeding violation initiated by any other means.
(6) A registered owner, employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the registered owner, employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.
(7) As used in this section, “highway work zone” has the meaning given that term in ORS 811.230.
SECTION 3.
“SECTION 4.
SECTION 4.
“(2) As used in this section, ‘highway work zone’ has the meaning given that term in ORS 811.230.”.
(2) As used in this section, “highway work zone” has the meaning given that term in ORS 811.230.
LC 11/HB 4081-4
[4]
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Amendments

2 amendments

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Action History

  1. In committee upon adjournment.

  2. Referred to Ways and Means by prior reference.

  3. Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means by prior reference.

  4. Work Session held.

  5. Work Session held.

  6. Public Hearing held.

  7. Referred to Transportation with subsequent referral to Ways and Means.

  8. First reading. Referred to Speaker's desk.

Sponsors

Sponsorship breakdown

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4 sponsors · 11 co-sponsors · 75 not signed on · 1 voted No

Sponsors (4)

Co-sponsors (11)

Not signed on (75)

75 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety transportation
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Frequently asked questions

What does HB 4081 do?
Makes changes to the highway worker photo radar laws.
Who sponsors HB 4081?
HB 4081 is sponsored by Thuy Tran (Democrat), Tom Andersen (Democrat), Mark Gamba (Democrat), Suzanne Weber (Republican), Mark Owens (Republican), Pam Marsh (Democrat), Kevin Mannix (Republican), Ken Helm (Democrat), April Dobson (Democrat), Ben Bowman (Democrat), Mari Watanabe (Democrat), Lew Frederick (Democrat), Courtney Neron Misslin, Susan McLain (Democrat), and Sue Rieke Smith (Democrat).
What is the current status of HB 4081?
This bill died with 2026 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4081?
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