Bill Text: OR HB4167 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to offenses; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2012-03-27 - Chapter 89, (2012 Laws): Effective date March 27, 2012. [HB4167 Detail]

Download: Oregon-2012-HB4167-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to HB 4167

LC 294/HB 4167-8

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 4167

              By JOINT COMMITTEE ON WAYS AND MEANS

                           February 22

  On page 1 of the printed bill, line 2, delete '153.018,'.
  Delete lines 3 and 4 and insert '153.020, 153.021, 153.030,
153.061, 153.090, 153.099, 153.633, 153.800 and 818.430 and
sec-'.
  On page 6, delete line 44.
  Delete pages 7 through 15 and insert:

                                '
 { +  OVERWEIGHT TRUCK VIOLATIONS + }

  '  { +  SECTION 12. + } ORS 818.430 is amended to read:
  ' 818.430. This section establishes schedules of presumptive
fines for violations of maximum weight requirements under the
vehicle code. The particular schedule applicable is the schedule
designated in the section establishing the offense. Upon
conviction, a person is punishable by a fine and other penalty
established in the schedule. Fines are based upon the excess
weight by which any loaded weight exceeds the applicable loaded
weight authorized in the provision, permit, order or resolution
the person violates. The schedules are as follows:
  ' (1) The presumptive fines under Schedule I are as provided in
this subsection. If the excess weight is:
  ' (a) One thousand pounds or less, the presumptive fine is
$100.
  ' (b) More than 1,000 pounds, but not in excess of 2,000
pounds, the presumptive fine is $150.
  ' (c) More than 2,000 pounds, but not in excess of 3,000
pounds, the presumptive fine is $200.
  ' (d) More than 3,000 pounds, but not in excess of 5,000
pounds, the presumptive fine is $300.
  ' (e) More than 5,000 pounds, but not in excess of 7,500
pounds, the presumptive fine is an amount equal to 15 cents per
pound for each pound of the excess weight.
  ' (f) More than 7,500 pounds, but not in excess of 10,000
pounds, the presumptive fine is an amount equal to 16 cents per
pound for each pound of the excess weight.
  ' (g) More than 10,000 pounds, but not in excess of 12,500
pounds, the presumptive fine is an amount equal to 20 cents for
each pound of the excess weight.
  ' (h) More than 12,500 pounds over the allowable weight, the
presumptive fine is an amount equal to 24 cents per pound for
each pound of excess weight.
  ' (2) The presumptive fines under Schedule II are as provided
in this subsection. If the excess weight is:
  ' (a) One hundred pounds, but not in excess of 5,000 pounds,
the presumptive fine is an amount equal to $200 plus 10 cents per
pound of the excess weight.
  ' (b) More than 5,000 pounds, but not in excess of 10,000
pounds, the presumptive fine is an amount equal to $350 plus 15
cents per pound of the excess weight.
  ' (c) More than 10,000 pounds, the presumptive fine is an
amount equal to $600 plus 30 cents per pound of the excess
weight.
  ' (3) Notwithstanding ORS 153.021, the fine imposed under
subsection (2) of this section shall be not more than $100 if a
person charged with an offense punishable under Schedule II
produces in court a second valid variance permit issued under ORS
818.200 authorizing a loaded weight equal to or greater than the
actual loaded weight of the vehicle, combination of vehicles,
axle, tandem axles or group of axles upon which the citation was
based.
  ' (4) The penalties under Schedule III are as provided in this
subsection and are in addition to any suspension of operator's
license under ORS 809.120 or any suspension of vehicle
registration under ORS 809.120. If the excess weight is:
  ' (a) One hundred pounds, but not in excess of 5,000 pounds,
the presumptive fine   { - shall be - }  { +  is + } $200 plus 15
cents per pound for each pound of the excess weight.
  ' (b) More than 5,000 pounds but not in excess of 10,000
pounds, the presumptive fine   { - shall be - }  { +  is + } $350
plus 20 cents per pound for each pound of excess weight.
  ' (c) More than 10,000 pounds,   { - the operator commits a
Class C misdemeanor - }   { + the presumptive fine is $500, plus
30 cents per pound for each pound of excess weight + }.
  '  { +  SECTION 13. + }  { + The amendments to ORS 818.430 by
section 12 of this 2012 Act apply only to offenses that are
committed on or after the effective date of this 2012 Act. + } '
.
  On page 16, delete lines 1 through 15.
  In line 19, delete '28' and insert '14'.
  On page 17, after line 14, insert:

                               { +
' SMALL FINE OFFENSES + }

  '  { +  SECTION 15. + } ORS 153.633 is amended to read:
  ' 153.633. (1) In any criminal action in which a fine is
imposed, the lesser of the following amounts is payable to the
state before any other distribution of the fine is made:
  ' (a) $60; or
  ' (b) The amount of the fine if the fine is less than $60.
  ' (2) A justice or municipal court shall forward the amount
prescribed under subsection (1) of this section to the Department
of Revenue for deposit in the Criminal Fine Account.
  '  { +  (3) The provisions of this section do not apply to
fines imposed in justice and municipal courts under ORS 811.590,
814.485, 814.486, 814.534, 814.536, 814.600 or 830.990 (1). + }
  '  { +  SECTION 16. + }  { + The amendments to ORS 153.633 by
section 15 of this 2012 Act apply only to offenses committed on
or after the effective date of this 2012 Act. + }

                                '
 { +  VIOLATION OF TRI-MET ORDINANCES + }

  '  { +  SECTION 17. + }  { + Section 18 of this 2012 Act is
added to and made a part of ORS chapter 153. + }
  '  { +  SECTION 18. + }  { + (1) If a court enters a judgment
of conviction for the violation of an ordinance enacted by the
district board of a mass transit district under ORS 267.150,
amounts collected under the judgment are payable as follows:
  ' (a) The amount prescribed by ORS 153.633 (1) is payable to
the state and must be deposited in the Criminal Fine Account;
  ' (b) One-half of the amount remaining after any payment
required by paragraph (a) of this subsection is payable to the
district that enacted the ordinance; and

  ' (c) One-half of the amount remaining after any payment
required by paragraph (a) of this subsection is payable as
provided in subsection (2) of this section.
  ' (2)(a) If a judgment of conviction that is subject to
subsection (1) of this section is entered in circuit court, the
amount specified in subsection (1)(c) of this section shall be
paid to the state.
  ' (b) If a judgment of conviction that is subject to subsection
(1) of this section is entered in justice court, the amount
specified in subsection (1)(c) of this section shall be paid to
the county that established the court.
  ' (c) If a judgment of conviction that is subject to subsection
(1) of this section is entered in municipal court, the amount
specified in subsection (1)(c) of this section shall be paid to
the city that established the court. + }
  '  { +  SECTION 19. + }  { + (1) Section 18 of this 2012 Act
becomes operative on April 1, 2012.
  ' (2) Section 18 of this 2012 Act applies to all violations of
ordinances enacted by the district board of a mass transit
district that occur on or after January 1, 2012.
  ' (3) Notwithstanding ORS 137.300, there is allocated $77,860
to the Judicial Department from the Criminal Fine Account, for
the purpose of reimbursing the Tri-County Metropolitan
Transportation District of Oregon for amounts that were collected
in circuit courts between January 1, 2012, and April 1, 2012, for
violations of ordinances and that were not distributed as
provided under section 18 of this 2012 Act. The department shall
transfer the amounts to the district as soon as possible after
the effective date of this 2012 Act. + } ' .
  In line 18, delete '29' and insert '20'.
  In line 24, delete '30' and insert '21'.
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