Bill Text: OR HB3192 | 2011 | Regular Session | Introduced
Bill Title: Relating to traffic offenses; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3192 Detail]
Download: Oregon-2011-HB3192-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1142
House Bill 3192
Sponsored by Representative KOMP; Representatives GILLIAM,
KENNEMER, SCHAUFLER
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 as
introduced.
Provides that fines and costs collected by court for traffic
offenses committed on state highways be credited and distributed
as monetary obligation payable to state. Specifies exception for
city or county that assumes primary responsibility for
enforcement of traffic laws on portion of state highway.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to traffic offenses; creating new provisions; amending
ORS 153.630 and 153.635; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 153. + }
SECTION 2. { + (1) As used in this section, 'state highway'
has the meaning given that term in ORS 366.005. 'State highway '
includes interstate highways.
(2) Except as provided in subsection (3) of this section, all
fines and costs collected by a court for a traffic offense
committed on a state highway shall be credited and distributed
under ORS 137.293 and 137.295 as a monetary obligation payable to
the state.
(3) A city or county may enter into an agreement with the
Oregon State Police that provides that the city or county will be
the primary law enforcement agency responsible for enforcing
traffic laws on specified portions of state highways. If a city
or county has entered into an agreement under this subsection,
fines collected by a court for a traffic offense committed on any
portion of a state highway described in the agreement shall be
credited and distributed as provided in ORS 153.630. + }
SECTION 3. ORS 153.630 is amended to read:
153.630. (1) { + Except as provided in section 2 (2) of this
2011 Act, + }costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) { + Except as provided in section 2 (2) of this 2011
Act, + } the other half of { - such - } fines { + described
in subsection (1) of this section + } shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city
marshal or a member of the police of a city or municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295:
(A) To the treasurer of the city or municipal or
quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state if the offense occurred within the boundaries of the
city or municipal or quasi-municipal corporation; or
(B) As a monetary obligation payable to the state if the
offense occurred outside the boundaries of the city or municipal
or quasi-municipal corporation.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county.
(e) If resulting from prosecutions for parking in a winter
recreation parking location, to be credited and distributed under
ORS 137.293 and 137.295, as a monetary obligation payable to the
state.
(f) In other cases, to be credited and distributed under ORS
137.293 and 137.295, as a monetary obligation to the same entity
to which payment is made of the half provided for in subsection
(1) of this section.
(3) If provisions of subsection (2)(b) or (e) of this section
are applicable, and if the fine or penalty imposed is remitted,
suspended or stayed, or the offender against whom the fine or
penalty was levied or imposed serves time in jail in lieu of
paying the fine or penalty or a part thereof, the committing
judge or magistrate shall certify the facts thereof in writing to
the State Court Administrator in the case of a circuit court or
the Department of Revenue in the case of a justice or municipal
court not later than the 10th day of the month next following the
month in which the fine was remitted or penalty suspended. If any
part of the fine is thereafter paid, it shall be remitted to the
judge or magistrate who imposed the fine or penalty, who shall
distribute it as provided in subsections (1) and (2) of this
section.
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) Distribution of fines and costs collected in a justice or
municipal court under this section must be made not later than
the last day of the month immediately following the month in
which the fines and costs are collected.
(6) All fines collected as a result of citations issued for a
violation of ORS 813.095 and credited and distributed to the
state under subsections (1)(a) and (2)(a) of this section shall
be deposited in the State Police Account established in ORS
181.175 to be used by the Department of State Police for the
enforcement of laws concerning driving while under the influence
of intoxicants.
SECTION 4. ORS 153.635 is amended to read:
153.635. If any of the money collected under ORS 153.630
{ + or section 2 (2) of this 2011 Act + } is not paid over as
provided in
{ - that section - } { + those sections + } by the 10th day
of the second calendar month next following the month in which it
is received, the person withholding it is delinquent in its
payment and, in addition to the penalties prescribed by law, the
person is personally liable therefor to the public bodies to
which the money is payable, with interest at the rate established
under ORS 305.220 from the delinquency date until paid. An action
may be maintained in the name of the state for the recovery of
the unpaid amounts with interest.
SECTION 5. { + Section 2 of this 2011 Act and the amendments
to ORS 153.630 and 153.635 by sections 3 and 4 of this 2011 Act
apply only to traffic offenses that are committed on or after the
effective date of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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