(1) As used in this section, ‘offense’ means:

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(a) A violation of a parking ordinance; or

(b) A traffic offense as defined in ORS § 801.555 (2).

(2) Notwithstanding ORS § 137.143, the presiding judge of the judicial district in which a county is located may order that the circuit court for the county impose a surcharge in the amount of $5 on each fine assessed for an offense in the county if:

(a) The county has received funds, or has legislative authorization to receive funds, for a county courthouse from the proceeds of bonds issued pursuant to Article XI-Q of the Oregon Constitution deposited in the Oregon Courthouse Capital Construction and Improvement Fund established in section 64, chapter 723, Oregon Laws 2013;

(b) Debt service is owed on any Article XI-Q bonds issued related to the county courthouse;

(c) Debt service is owed on any bonds issued under ORS § 271.390 or ORS Chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge;

(d) The board of county commissioners has requested that the presiding judge of the judicial district in which the county is located order the imposition of a surcharge and has identified the purposes for which the surcharge funds would be used; and

(e) The Chief Justice of the Supreme Court has approved the surcharge.

(3) The circuit court for the county may not impose a surcharge under this section unless, before July 1 of the calendar year preceding the imposition of the surcharge, the court submits to the State Court Administrator a copy of the order imposing the surcharge. The court may begin imposing the surcharge on fines for offenses occurring on and after January 1 of the calendar year following submission of the order to the State Court Administrator.

(4) Except as provided in ORS § 153.640 and 221.315, the surcharge shall be levied fully if any fine is imposed.

(5) The surcharge shall be collected by the circuit court for the county and paid to the county for deposit in the account established under ORS § 1.189 and used solely for:

(a) Payment of capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge; or

(b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS § 271.390 or ORS Chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge. [2016 c.78 § 1]