72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3453
A-Engrossed
House Bill 3240
Ordered by the House April 24
Including House Amendments dated April 24
Sponsored by Representative BROWN; Representatives BACKLUND,
BEYER, DINGFELDER, HANSEN, MARCH, ZAUNER, Senators BURDICK,
DEVLIN, B STARR (at the request of Oregon Transportation Safety
Coalition)
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. It is an editor's
brief statement of the essential features of the measure.
Requires imposition of $10 assessment upon conviction of
traffic offense. Specifies distribution and use of collected
moneys. { + Allows city or county to elect not to
participate. + } Establishes { - Oregon - } Traffic Safety
{ - Education - } { + Assessment + } Fund.
A BILL FOR AN ACT
Relating to assessments for traffic offenses; creating new
provisions; amending ORS 153.093, 153.125 and 802.155; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 153. + }
SECTION 2. { + (1) When a person is convicted of a traffic
offense, the court shall impose an assessment of $10 in addition
to any other sentence the court imposes. The assessment must be
credited and distributed under ORS 137.293 and 137.295 as
follows:
(a) Twenty percent of the assessments to the Safety Education
Fund created in ORS 802.155.
(b) Eighty percent of the assessments imposed as a result of
citations issued by, arrests made by or prosecutions initiated by
local law enforcement officers to the treasurer of the local
government body that employs the enforcement officer who issued
the citation, made the arrest or otherwise initiated the
prosecution. Moneys distributed under this paragraph shall be
used for the following purposes:
(A) Traffic safety education programs;
(B) Traffic safety improvements; and
(C) Traffic law enforcement.
(c) Eighty percent of the assessments imposed as a result of
citations issued by, arrests made by or prosecutions initiated by
state law enforcement officers to the Traffic Safety Assessment
Fund established in section 4 of this 2003 Act.
(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.
(4) No later than the first day of each regular legislative
session, the League of Oregon Cities and the Association of
Oregon Counties shall submit reports to the Legislative Assembly
that contain the amount of moneys distributed to each city and
county under subsection (1)(b) of this section and a description
of the ways in which each city and county used the moneys. + }
SECTION 3. { + Section 4 of this 2003 Act is added to and made
a part of the Oregon Vehicle Code. + }
SECTION 4. { + (1) The Traffic Safety Assessment Fund is
established in the State Treasury, separate and distinct from the
General Fund. Moneys shall be paid into the Traffic Safety
Assessment Fund as provided in section 2 of this 2003 Act.
Interest earned by the fund shall be credited to the fund.
(2) Moneys in the fund are continuously appropriated to the
office of the manager of the Transportation Safety section of the
Department of Transportation to be used for the following
purposes:
(a) Traffic safety education programs;
(b) Traffic safety improvements; and
(c) Traffic law enforcement.
(3) The manager shall work with local governments, the
Department of State Police and safety organizations to develop a
funding allocation formula for the moneys in the fund. + }
SECTION 5. ORS 802.155 is amended to read:
802.155. (1) There is created the Safety Education Fund,
separate and distinct from the General Fund. { - Moneys shall
be paid into the fund as provided in Oregon Revised Statutes. - }
{ + The Safety Education Fund consists of moneys distributed to
the fund under section 2 of this 2003 Act. + } Interest earned by
the fund shall be credited to the fund.
(2) Moneys deposited in the Safety Education Fund { - from
the Criminal Fine and Assessment Public Safety Fund - } are
continuously appropriated to the office of the manager of the
Transportation Safety section of the Department of Transportation
to be used for safety education programs:
{ - (a) That provide injury prevention education on traffic
safety issues for each age group in the kindergarten through
college ages; - }
{ + (a) That provide at least one of the following:
(A) Instruction in bicycle safety;
(B) Instruction in pedestrian safety;
(C) Instruction in vehicle occupant protection;
(D) Instruction in driver safety for teenagers;
(E) Instruction in traffic safety for students in kindergarten
through college; and
(F) Peer mentoring in traffic safety;
(b) That are nonprofit; + }
{ - (b) - } { + (c) + } That have been recipients of funds
under 23 U.S.C. 402 for at least three years;
{ - (c) - } { + (d) + } That are found by the
Transportation Safety section to be effective, as measured by the
three-year reporting cycle funded under 23 U.S.C. 402; and
{ - (d) - } { + (e) + } That operate statewide.
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.
SECTION 8. { + Section 2 of this 2003 Act and the amendments
to ORS 153.093 and 153.125 by sections 6 and 7 of this 2003 Act
apply to persons convicted of traffic offenses that are committed
on or after the effective date of this 2003 Act. + }
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