72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to A-Eng. HB 2759
LC 2893/HB 2759-A35
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2759
By JOINT COMMITTEE ON WAYS AND MEANS
August 4
On page 1 of the printed A-engrossed bill, line 4, after '
105.130,' insert '106.120,' and after '135.921,' insert '
137.290,'.
In line 5, after '813.240' insert 'and section 5, chapter 530,
Oregon Laws 2003 (Enrolled House Bill 2756); repealing section 7,
chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), and
section 3, chapter 565, Oregon Laws 2003 (Enrolled Senate Bill
391)'.
On page 3, delete lines 19 through 21 and insert 'ceeding by
any defendant or respondent appearing separately, or upon the
part of defendants or respondents appearing jointly, the clerk
shall collect from the party or parties the sum of $73 as a flat
and uniform filing fee.'.
In line 25, restore the bracketed material.
On page 4, line 13, delete 'to an' and insert 'who has appeared
in the'.
After line 31, insert:
' { + SECTION 8a. + } { + If House Bill 2756 becomes law,
section 8 of this 2003 Act (amending ORS 21.110) is repealed and
ORS 21.110, as amended by section 4, chapter 530, Oregon Laws
2003 (Enrolled House Bill 2756), is amended to read: + }
' 21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $97 as a flat and uniform filing fee. { - The clerk
shall also, - } { + In addition, + } at the time of filing any
appearance in any such action, suit or proceeding { - upon the
part of - } { + by + } any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, { + the clerk shall + } collect from
{ - such - } { + the + } party or parties the sum of $73 as a
flat and uniform filing fee.
' (2) In the following actions, the clerk of the circuit court
shall collect the sum of $62 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $46 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
' (a) Actions for the recovery of money or damages only when
the amount claimed does not exceed $10,000.
' (b) Actions for the recovery of specific personal property
when the value of the property claimed and the damages for the
detention do not exceed $10,000.
' (c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
' (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
' (e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value of the
property involved does not exceed $10,000.
' (f) Actions for injunctive relief under ORS chapter 90 when
the amount of any damages claimed does not exceed $10,000.
' (3) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.607 or section 2 { + , + } { - of this 2003
Act - } { + chapter 530, Oregon Laws 2003 (Enrolled House Bill
2756), + } at the time the petition is filed. Fees collected
under this subsection shall be deposited into the { - Reporting
Relief Fund established in section 7 of this 2003 Act - }
{ + Judicial Department Operating Account established in section
83 of this 2003 Act + }.
' (4) For purposes of subsection (2) of this section, the
amount claimed, value of property, damages or any amount in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
' (5) A paper or pleading shall be filed by the clerk only if
the fee required under this section is paid { + by the person
filing the paper or pleading, + } or if a request for a fee
waiver or deferral is granted by the court. No part of any such
filing fee shall be refunded to any party. The uniform fee shall
cover all services to be performed by the court or clerk in any
such action, suit or proceeding, except where additional fees are
specially authorized by law.
' (6) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
' (7) The fees imposed by this section do not apply to:
' (a) Protective proceedings under ORS chapter 125;
' (b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
' (c) Filiation proceedings under ORS 109.124 to 109.230;
' (d) Proceedings to determine custody or support of a child
under ORS 109.103;
' (e) Probate, adoption or change of name proceedings;
{ - or - }
' (f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130 { + ;
or
' (g) Any counterclaim, cross-claim or third-party claim filed
by a party who has appeared in the action or proceeding + }.
' (8) The fees described in this section shall not be charged
to a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
' { + (9)(a) In addition to the fees provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, at the time of
filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party a
surcharge of $29. The clerk shall also, at the time of filing any
appearance in any such action, suit or proceeding upon the part
of any defendant or respondent appearing separately, or upon the
part of defendants or respondents appearing jointly, collect from
such party or parties a surcharge of $22.
' (b) In addition to the fees provided for in subsection (2) of
this section, for the period commencing September 1, 2003, and
ending June 30, 2005, the clerk of the circuit court shall
collect a surcharge of $19 from the plaintiff, appellant or
moving party, and shall collect a surcharge of $14 from any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, in the actions
described in subsection (2) of this section. + } ' .
Delete lines 35 through 45 and delete page 5 and insert:
' { + SECTION 9a. + } If House Bill 2756 becomes law, section
9 of this 2003 Act is amended to read:
' { + Sec. 9. + } The amendments to ORS 21.110 by section
{ - 8 - } { + 8a + } of this 2003 Act apply only to actions
and proceedings, including appeals, filed in circuit courts on or
after September 1, 2003.
' { + SECTION 10. + } ORS 21.110, as amended by section 8 of
this 2003 Act, is amended to read:
' 21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of { - $97 - } { + $107 + } as a flat and uniform filing
fee. In addition, at the time of filing any appearance in any
such action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of { - $73 - } { + $80 + } as a flat
and uniform filing fee.
' (2) In the following actions, the clerk of the circuit court
shall collect the sum of { - $62 - } { + $68 + } as a flat
and uniform filing fee from the plaintiff, appellant or moving
party at the time the action is filed, and shall collect the sum
of { - $46 - } { + $51 + } as a flat and uniform filing fee
from any defendant or respondent appearing separately, or upon
the part of defendants or respondents appearing jointly, at the
time of filing any appearance in the action:
' (a) Actions for the recovery of money or damages only when
the amount claimed does not exceed $10,000.
' (b) Actions for the recovery of specific personal property
when the value of the property claimed and the damages for the
detention do not exceed $10,000.
' (c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
' (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
' (e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value of the
property involved does not exceed $10,000.
' (f) Actions for injunctive relief under ORS chapter 90 when
the amount of any damages claimed does not exceed $10,000.
' (3) For purposes of subsection (2) of this section, the
amount claimed, value of property, damages or any amount in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
' (4) A paper or pleading shall be filed by the clerk only if
the fee required under this section is paid by the person filing
the paper or pleading, or if a request for a fee waiver or
deferral is granted by the court. No part of any such filing fee
shall be refunded to any party. The uniform fee shall cover all
services to be performed by the court or clerk in any such
action, suit or proceeding, except where additional fees are
specially authorized by law.
' (5) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
' (6) The fees imposed by this section do not apply to:
' (a) Protective proceedings under ORS chapter 125;
' (b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
' (c) Filiation proceedings under ORS 109.124 to 109.230;
' (d) Proceedings to determine custody or support of a child
under ORS 109.103;
' (e) Probate, adoption or change of name proceedings;
' (f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
' (g) Any counterclaim, cross-claim or third-party claim filed
by a party who has appeared in the action or proceeding.
' (7) The fees described in this section shall not be charged
to a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
' { - (8)(a) In addition to the fees provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, at the time of
filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party a
surcharge of $29. The clerk shall also, at the time of filing any
appearance in any such action, suit or proceeding upon the part
of any defendant or respondent appearing separately, or upon the
part of defendants or respondents appearing jointly, collect from
such party or parties a surcharge of $22. - }
' { - (b) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the circuit court shall
collect a surcharge of $19 from the plaintiff, appellant or
moving party, and shall collect a surcharge of $14 from any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, in the actions
described in subsection (2) of this section. - }
' { + SECTION 10a. + } { + If House Bill 2756 becomes law,
section 10 of this 2003 Act (amending ORS 21.110) is repealed and
ORS 21.110, as amended by section 4, chapter 530, Oregon Laws
2003 (Enrolled House Bill 2756), and section 8a of this 2003 Act,
is amended to read: + }
' 21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of { - $97 - } { + $107 + } as a flat and uniform filing
fee. In addition, at the time of filing any appearance in any
such action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of { - $73 - } { + $80 + } as a flat
and uniform filing fee.
' (2) In the following actions, the clerk of the circuit court
shall collect the sum of { - $62 - } { + $68 + } as a flat
and uniform filing fee from the plaintiff, appellant or moving
party at the time the action is filed, and shall collect the sum
of { - $46 - } { + $51 + } as a flat and uniform filing fee
from any defendant or respondent appearing separately, or upon
the part of defendants or respondents appearing jointly,at the
time of filing any appearance in the action:
' (a) Actions for the recovery of money or damages only when
the amount claimed does not exceed $10,000.
' (b) Actions for the recovery of specific personal property
when the value of the property claimed and the damages for the
detention do not exceed $10,000.
' (c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
' (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
' (e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value of the
property involved does not exceed $10,000.
' (f) Actions for injunctive relief under ORS chapter 90 when
the amount of any damages claimed does not exceed $10,000.
' (3) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.607 or section 2, chapter 530, Oregon Laws 2003
(Enrolled House Bill 2756), at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in section 83
of this 2003 Act.
' (4) For purposes of subsection (2) of this section, the
amount claimed, value of property, damages or any amount in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
' (5) A paper or pleading shall be filed by the clerk only if
the fee required under this section is paid by the person filing
the paper or pleading, or if a request for a fee waiver or
deferral is granted by the court. No part of any such filing fee
shall be refunded to any party. The uniform fee shall cover all
services to be performed by the court or clerk in any such
action, suit or proceeding, except where additional fees are
specially authorized by law.
' (6) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
' (7) The fees imposed by this section do not apply to:
' (a) Protective proceedings under ORS chapter 125;
' (b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
' (c) Filiation proceedings under ORS 109.124 to 109.230;
' (d) Proceedings to determine custody or support of a child
under ORS 109.103;
' (e) Probate, adoption or change of name proceedings;
' (f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
' (g) Any counterclaim, cross-claim or third-party claim filed
by a party who has appeared in the action or proceeding.
' (8) The fees described in this section shall not be charged
to a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
' { - (9)(a) In addition to the fees provided for in
subsection (1) of this section, for the period commencing
September 1, 2003, and ending June 30, 2005, at the time of
filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party a
surcharge of $29. The clerk shall also, at the time of filing any
appearance in any such action, suit or proceeding upon the part
of any defendant or respondent appearing separately, or upon the
part of defendants or respondents appearing jointly, collect from
such party or parties a surcharge of $22. - }
' { - (b) In addition to the fees provided for in subsection
(2) of this section, for the period commencing September 1, 2003,
and ending June 30, 2005, the clerk of the circuit court shall
collect a surcharge of $19 from the plaintiff, appellant or
moving party, and shall collect a surcharge of $14 from any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, in the actions
described in subsection (2) of this section. - } '.
On page 6, delete lines 1 through 4.
After line 6, insert:
' { + SECTION 11a. + } If House Bill 2756 becomes law,
section 11 of this 2003 Act is amended to read:
' { + Sec. 11. + } The amendments to ORS 21.110 by section
{ - 10 - } { + 10a + } of this 2003 Act become operative on
July 1, 2005.'.
On page 10, line 19, delete 'filed' and insert 'for which the
trial is set'.
On page 40, delete lines 17 through 21 and insert:
' (2) All moneys received by the department pursuant to ORS
151.216 (1)(g) shall be deposited in the Judicial Department
Operating Account.'.
After line 23, insert:
' { + SECTION 83a. + } { + All moneys collected from the
surcharges imposed by the amendments to ORS 21.010, 21.040,
21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340,
36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130,
112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 by
sections 1, 5, 8, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44, 47,
50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act shall be
deposited in the Judicial Department Operating Account
established in section 83 of this 2003 Act. + }
' { + SECTION 83b. + } If House Bill 2756 becomes law,
section 83a of this 2003 Act is amended to read:
' { + Sec. 83a. + } All moneys collected from the surcharges
imposed by the amendments to ORS 21.010, 21.040, 21.110, 21.111,
21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355,
36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515,
135.921, 138.560, 419B.555 and 813.240 by sections 1, 5,
{ - 8 - } { + 8a + }, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41,
44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act shall
be deposited in the Judicial Department Operating Account
established in section 83 of this 2003 Act.'.
After line 35, insert:
' { + SECTION 84a. + } If House Bill 2756 becomes law,
section 84 of this 2003 Act is amended to read:
' { + Sec. 84. + } (1) Notwithstanding ORS 21.350, the amount
of the law library fee collected by the clerk of a court under
ORS 21.350 in each civil suit, action or proceeding filed in a
circuit court on and after September 1, 2003, and before July 1,
2005, may not exceed the amount of the fee collected by the clerk
in the 2001-2003 biennium.
' (2) The surcharges imposed by the amendments to ORS 21.010,
21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325,
34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434,
108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240
by sections 1, 5, { - 8 - } { + 8a + }, 12, 16, 19, 23, 26,
29, 32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of
this 2003 Act are fees for the purposes of ORS 21.605, 21.615,
128.258 (2) and 128.280 (10) and any other statute relating to
the fees imposed under ORS 21.010, 21.040, 21.110, 21.111,
21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355,
36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515,
135.921, 138.560, 419B.555 and 813.240.'.
On page 43, line 9, after 'on' insert ', and apply to offenses
committed on or after,'.
On page 44, line 19, after 'on' insert ', and apply to offenses
committed on or after,'.
On page 51, line 36, after 'on' insert ', and apply to offenses
committed on or after,'.
On page 52, after line 29, insert:
' { + SECTION 108. + } { + If House Bill 2756 becomes law,
section 7, chapter 530, Oregon Laws 2003 (Enrolled House Bill
2756), is repealed. + }
' { + SECTION 109. + } If House Bill 2756 becomes law,
section 5, chapter 530, Oregon Laws 2003 (Enrolled House Bill
2756), is amended to read:
' { + Sec. 5. + } The clerk of the court shall collect the
sum of $300 as a flat and uniform filing fee from the petitioner
in a proceeding under section 3 { + , + } { - of this 2003
Act - } { + chapter 530, Oregon Laws 2003 (Enrolled House Bill
2756), + } at the time the petition is filed. Fees collected
under this section shall be deposited into the { - Reporting
Relief Fund established in section 7 of this 2003 Act - } { +
Judicial Department Operating Account established in section 83
of this 2003 Act + }.
' { + SECTION 110. + } { + If Senate Bill 391 becomes law,
section 3, chapter 565, Oregon Laws 2003 (Enrolled Senate Bill
391), is repealed. + }
' { + SECTION 111. + } If Senate Bill 391 becomes law, ORS
106.120, as amended by section 1, chapter 565, Oregon Laws 2003
(Enrolled Senate Bill 391), is amended to read:
' 106.120. (1) As used in this section, 'judicial officer '
means:
' (a) A judicial officer of this state as that term is defined
in ORS 1.210 and includes but is not limited to a judge of a
municipal court and a justice of the peace.
' (b) An active judge of a federal court.
' (c) An active United States magistrate judge.
' (2) Marriages may be solemnized by:
' (a) A judicial officer;
' (b) A county clerk;
' (c) Religious congregations or organizations as indicated in
ORS 106.150 (2); or
' (d) A clergyperson of any religious congregation or
organization who is authorized by the congregation or
organization to solemnize marriages.
' (3) A person authorized to solemnize marriages under
subsection (2) of this section may solemnize a marriage anywhere
in this state.
' (4)(a) When a marriage is solemnized by a tax, appellate or
circuit judge of this state, the clerk of the court or the county
clerk shall collect a fee of $25 and deposit the fee in the
Judicial Department { - Operations Fund established under
section 3 of this 2003 Act - } { + Operating Account
established in section 83 of this 2003 Act + }.
' (b) When a marriage is solemnized by a county clerk, the
county clerk shall collect a fee of $25, as provided in ORS
205.320.
' (c) The fee described in this subsection may be collected
only if:
' (A) The marriage is solemnized during normal working hours,
excluding holidays;
' (B) The marriage is solemnized in court facilities or a
county clerk's office; or
' (C) More than a minimal amount of staff time or other court
or county clerk's office resources are used in connection with
the solemnization.
' (d) The Chief Justice of the Supreme Court or the county
clerk may establish a written procedure for waiver of the fee
required under this subsection in exigent circumstances,
including but not limited to indigency of the parties to the
marriage.
' (5) In addition to any fee collected under subsection (4) of
this section, a judicial officer of this state and a county clerk
may charge and accept an agreed upon personal payment not to
exceed $100 plus actual costs for the solemnization of a marriage
if that solemnization is performed:
' (a) At a place other than the courthouse where the judicial
officer or county clerk serves; or
' (b) Outside of the judicial officer's or county clerk's
normal working hours.
' (6) The charging and accepting of a personal payment by a
judicial officer of this state or a county clerk under subsection
(5) of this section does not constitute a violation of any of the
provisions of ORS chapter 244.
' (7) The amount of actual costs charged by a judicial officer
of this state or a county clerk under subsection (5) of this
section may not exceed:
' (a) Actual expenses for food and lodging as verified by
receipts.
' (b) If travel is made by personal vehicle, the actual number
of round-trip miles from the judicial officer's or county clerk's
home or office, whichever is greater, compensated at the rate of
reimbursement then provided by the State of Oregon to its
employees or, if travel is made by a commercial carrier,
reimbursement shall be made of the actual costs thereof, verified
by receipts.
' (8) A judicial officer of this state or a county clerk shall
maintain records of the amount of personal payments received for
performing marriages, of actual costs and the supporting
documentation related thereto for a period of four years.
' (9) The parties to a marriage solemnized by a tax, appellate
or circuit judge of this state shall show to the judge proof of
payment of the fee required under subsection (4)(a) of this
section before solemnization. Except as provided in subsection
(4)(d) of this section, the judge may not solemnize a marriage
without proof of payment of the fee.
' { + SECTION 112. + } ORS 137.290 is amended to read:
' 137.290. (1) In all cases of conviction for the commission of
a crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The
unitary assessment is a penal obligation in the nature of a fine
and shall be in an amount as follows:
' (a) { - $105 - } { + $107 + } in the case of a felony.
' (b) { - $65 - } { + $67 + } in the case of a misdemeanor.
' (c) { - $95 - } { + $97 + } in the case of a conviction
for driving under the influence of intoxicants.
' (d) { - $35 - } { + $37 + } in the case of a violation as
described in ORS 153.008.
' (2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
' (a) { - $40 - } { + $42 + } if the defendant was driving
a vehicle that requires a commercial driver license to operate
and the conviction was for violating:
' (A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
' (B) ORS 811.115 by driving at least 65 miles per hour; and
' (b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
' (3) Subject to subsection (4) of this section, the court in
any case may waive payment of the unitary assessment, in whole or
in part, if, upon consideration, the court finds that payment of
the assessment or portion thereof would impose upon the defendant
a total monetary obligation inconsistent with justice in the
case. In making its determination under this subsection, the
court shall consider:
' (a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
' (b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
' (4) If a defendant is convicted of an offense, the court may
waive all or part of the unitary assessment required under
subsections (1) and (2)(a) of this section only if the court
imposes no fine on the defendant.
' { + SECTION 113. + } { + The amendments to ORS 137.290 by
section 112 of this 2003 Act apply to offenses committed on or
after September 1, 2003. + } ' .
In line 33, delete '108' and insert '114'.
In line 39, delete '109' and insert '115'.
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