72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3240
 
LC 3453/HB 3240-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3240
 
                 By COMMITTEE ON TRANSPORTATION
 
                            April 24
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
153.093, 153.125 and'.
  In line 20, delete 'Oregon'.
  In line 21, delete 'Education' and insert 'Assessment'.
  After line 21, insert:
  ' (2) A city or a county that receives moneys under subsection
(1)(b) of this section shall collaborate with the public, law
enforcement agencies and organizations involved with traffic
safety issues to determine how to allocate the moneys received.
  ' (3)(a) Notwithstanding subsection (1) of this section, the
governing body of a city may elect not to allow the municipal
court of the city or the governing body of a county may elect not
to allow the justice court of the county to impose the assessment
described in subsection (1) of this section. When a city or
county makes the election authorized by this paragraph, the city
or county shall notify the circuit court for the judicial
district in which the city or county is located of that election.
  ' (b) Notwithstanding subsection (1)(b) of this section, when a
circuit court imposes the assessment required by subsection (1)
of this section and the underlying citation was issued by, the
arrest was made by or the prosecution was initiated by a law
enforcement officer of a city or county that has made the
election authorized by paragraph (a) of this subsection, 100
percent of the assessment must be credited and distributed under
ORS 137.293 and 137.295 to the Safety Education Fund created in
ORS 802.155.'.
  In line 22, delete '(2)' and insert '(4)'.
  In line 29, delete 'Oregon' and delete 'Education' and insert
'Assessment'.
  In line 30, delete 'Oregon'.
  In line 31, delete 'Education' and insert 'Assessment'.
  On page 2, line 25, delete 'each age group from' and insert '
students in'.
  After line 32, insert:
  '  { +  SECTION 6. + } ORS 153.093 is amended to read:
  ' 153.093. (1) Notwithstanding any other provision of law,
except as specifically provided in this section a court or
violations bureau may not defer, waive, suspend or otherwise
reduce the fine for a violation or infraction to an amount that
is less than:
  ' (a) 50 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a Class
A, B, C or D violation, or an unclassified violation, under ORS
153.012 and 153.015; or
  ' (b) 20 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a
specific fine violation as described by ORS 153.015.
  ' (2) A court or violations bureau may impose a fine lower than
the amount required by subsection (1) of this section if the
court has authorized imposition of a lower fine for vehicle
equipment violation proceedings in which the defendant
establishes that the vehicle equipment has been installed or
repaired to comply with the law that was violated.
  ' (3) A court or violations bureau may impose a fine lower than
the amount required by subsection (1) of this section if the
court has established procedures for the imposition of a lower
fine based on a determination that the defendant has not been
convicted of an offense within the three-year period immediately
preceding the date on which the citation was issued.
  ' (4) In addition to the grounds specified in subsections (2)
and (3) of this section, a court may impose a fine lower than the
amount required by subsection (1) of this section if:
  ' (a) The court determines that the defendant is indigent; or
  ' (b) The court determines that in a specific case the amount
of the fine required by subsection (1) of this section would be
inconsistent with justice.
  ' (5) Nothing in this section:
  ' (a) Affects the manner in which a court imposes or reduces
monetary obligations other than fines.
  ' (b) Allows a court to reduce any fine amount below a minimum
fine amount established by statute for the offense.
  ' (c) Affects the ability of a court to establish a payment
schedule for fines imposed by the court.
  ' (6) For the purpose of determining whether a fine meets the
requirements of subsection (1) of this section, the   { - unitary
assessment amount - }   { + assessments + } under ORS 137.290 and
 { - the county assessment amount under ORS - }  137.309  { + and
section 2 of this 2003 Act + } shall be included in calculating
the amount required under subsection (1) of this section.
  ' (7) The Department of Revenue or Secretary of State may audit
any court to determine whether the court is complying with the
requirements of this section. In addition, the Department of
Revenue or Secretary of State may audit any court to determine
whether the court is complying with the requirements of ORS
137.290 (4) and 153.630 (4). The Department of Revenue or
Secretary of State may file an action under ORS 34.105 to 34.240
to enforce the requirements of this section and ORS 137.290 (4)
and 153.630 (4).
  '  { +  SECTION 7. + } ORS 153.125 is amended to read:
  ' 153.125. (1) The base fine required in violation proceedings
under this chapter is the sum of a foundation amount calculated
under ORS 153.125 to 153.145 plus the   { - unitary and
county - }  assessments established under ORS 137.290 and 137.309
 { + and section 2 of this 2003 Act + } for the violation. The
amount of the county assessment under ORS 137.309 shall be
calculated using the foundation amount determined under ORS
153.125 to 153.145, and shall not be calculated using the maximum
fine for the violation.
  ' (2) Except as otherwise provided in ORS 153.125 to 153.145,
the foundation amount to be used in calculating the base fine
required in violation proceedings under this chapter is 40
percent of the maximum fine established for the violation.
  ' (3) Except as otherwise provided in ORS 153.125 to 153.145,
the foundation amount to be used for a specific fine violation in
calculating the base fine required in a violation proceeding
under this chapter is the maximum fine provided for the
violation.
  ' (4) If the law creating a violation establishes a minimum
fine, and the foundation amount calculated for the violation
under ORS 153.125 to 153.145 is less than the minimum fine for
the violation, the foundation amount to be used in calculating
the base fine required in a violation proceeding under this
chapter is the minimum fine established for the violation.'.
  In line 33, delete '6' and insert '8' and delete ' applies' and
insert 'and the amendments to ORS 153.093 and 153.125 by sections
6 and 7 of this 2003 Act apply'.
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