71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1173
 
                           B-Engrossed
 
                         Senate Bill 70
                  Ordered by the Senate July 6
       Including Senate Amendments dated May 4 and July 6
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Judiciary
  Committee for Judicial Department)
 
 
                             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.
 
  Specifies judicial salaries. Modifies provisions dealing with
judicial retirement. Creates new judicial district containing
Tillamook County.
    { - Allows moneys in Court Publications Account to be used
for providing electronic access to State of Oregon Law Library
materials. - }
    { - Permits judges to act as personal representatives. - }
    { - Modifies provisions dealing with change of name of minor
child. - }
    { - Provides ad hoc increase in judges' pensions. - }
   { +  Creates new judicial positions in specified judicial
districts.
  Appropriates moneys from General Fund to Judicial Department
and Emergency Board for payment of expenses associated with new
judicial positions.
  Modifies provisions dealing with judicial retirement.
  Adopts provisions dealing with collection of liquidated and
delinquent accounts of judicial branch. + }
  Declares emergency, effective   { - July 1, 2001 - }  { +  on
passage + }.
 
                        A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 3.012,
  137.118, 137.295, 809.220 and 809.267; repealing ORS 8.172;
  appropriating money; limiting expenditures; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
 
                               { +
NEW CIRCUIT COURT JUDGES + }
 
  SECTION 1. ORS 3.012 is amended to read:
 
 
  3.012. (1) The judicial districts, the counties constituting
the judicial districts and the number of circuit court judges for
each judicial district are as follows:
  (a) The first judicial district consists of Jackson County and
has   { - seven - }  { +  eight + } judges.
  (b) The second judicial district consists of Lane County and
has 15 judges.
  (c) The third judicial district consists of Marion County and
has   { - 13 - }  { +  14 + } judges.
  (d) The fourth judicial district consists of Multnomah County
and has   { - 37 - }  { +  38 + } judges.
  (e) The fifth judicial district consists of Clackamas County
and has 10 judges.
  (f) The sixth judicial district consists of the counties of
Morrow and Umatilla and has four judges.
  (g) The seventh judicial district consists of the counties of
Gilliam, Hood River, Sherman, Wasco and Wheeler and has four
judges.
  (h) The eighth judicial district consists of Baker County and
has one judge.
  (i) The ninth judicial district consists of Malheur County and
has two judges.
  (j) The tenth judicial district consists of the counties of
Union and Wallowa and has two judges.
  (k) The eleventh judicial district consists of Deschutes County
and has   { - six - }  { +  seven + } judges.
  (L) The twelfth judicial district consists of Polk County and
has three judges.
  (m) The thirteenth judicial district consists of Klamath County
and has five judges.
  (n) The fourteenth judicial district consists of Josephine
County and has four judges.
  (o) The fifteenth judicial district consists of the counties of
Coos and Curry and has six judges.
  (p) The sixteenth judicial district consists of Douglas County
and has five judges.
  (q) The seventeenth judicial district consists of Lincoln
County and has three judges.
  (r) The eighteenth judicial district consists of the counties
of Clatsop and Tillamook and has four judges.
  (s) The nineteenth judicial district consists of Columbia
County and has three judges.
  (t) The twentieth judicial district consists of Washington
County and has   { - 13 - }  { +  14 + } judges.
  (u) The twenty-first judicial district consists of Benton
County and has three judges.
  (v) The twenty-second judicial district consists of the
counties of Crook and Jefferson and has three judges.
  (w) The twenty-third judicial district consists of Linn County
and has five judges.
  (x) The twenty-fourth judicial district consists of the
counties of Grant and Harney and has one judge.
  (y) The twenty-fifth judicial district consists of Yamhill
County and has   { - three - }  { +  four + } judges.
  (z) The twenty-sixth judicial district consists of Lake County
and has one judge.
  (2) The Secretary of State shall designate position numbers
equal to the number of judges in each of the judicial districts
established by this section. The positions shall reflect any
qualifications established by ORS 3.041.
  SECTION 2.  { + The amendments to ORS 3.012 by section 1 of
this 2001 Act become operative on the first Monday in January
2003, except that the provisions for new circuit court judges are
operative on the effective date of this 2001 Act for the purposes
of nominating and electing new judges in 2002 to assume the
duties of the office on the first Monday in January 2003. + }
  SECTION 3.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Judicial Department,
for the biennium beginning July 1, 2001, out of the General Fund,
the following amounts:
  (1) $380,008, to pay the salary and benefits for the new
judicial positions created by the amendments to ORS 3.012 by
section 1 of this 2001 Act.
  (2) $323,184, to pay the salary and benefits for staff support
for the new judicial positions created by the amendments to ORS
3.012 by section 1 of this 2001 Act.
  (3) $514,350, to pay for the equipment and furnishings
necessary for the new judicial positions created by the
amendments to ORS 3.012 by section 1 of this 2001 Act. + }
  SECTION 4.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Emergency Board, out
of the General Fund, for the biennium beginning July 1, 2001, the
amount of $369,842, for allocation only to the Judicial
Department for payment of expenses attributable to the new
judicial positions created by the amendments to ORS 3.012 by
section 1 of this 2001 Act. Any moneys remaining unallocated and
unobligated by the Emergency Board on November 1, 2002, become
available for any lawful purpose for which the Emergency Board
may lawfully allocate funds. + }
 
                               { +
JUDGES' RETIREMENT + }
 
  SECTION 5.  { + Section 6 of this 2001 Act is added to and made
a part of ORS 238.500 to 238.585. + }
  SECTION 6.  { + (1) A judge member who elects to retire under
ORS 238.535 (1)(b):
  (a) Shall continue to be eligible as a nonretired employee for
health benefit plans contracted for under ORS 243.135 during the
time that the judge member is serving as a pro tem judge under
ORS 238.535 (1)(c); and
  (b) Subject to availability of funding, shall continue to
receive the monthly state contribution as payment of all or part
of the cost of a health benefit plan during the time that the
judge member is serving as a pro tem judge under ORS 238.535
(1)(c).
  (2) A judge member receiving the monthly state contribution as
payment of all or part of the cost of a health benefit plan under
this section is not eligible for payments against the cost of
Medicare supplemental insurance under ORS 238.420 until such time
as the judge member is no longer serving as a pro tem judge under
ORS 238.535 (1)(c). + }
  SECTION 7.  { + Subject to sections 8 and 9 of this 2001 Act,
section 6 of this 2001 Act applies to all judge members who
retire under the provisions of ORS 238.535 (1)(b), whether
before, on or after the operative date of section 6 of this 2001
Act, for as long as the judge member is performing the period of
pro tem service required by ORS 238.535 (1)(c). + }
  SECTION 8.  { + Section 6 of this 2001 Act becomes operative
July 1, 2002.
  SECTION 9. Section 6 of this 2001 Act is repealed January 2,
2004. + }
  SECTION 10.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Emergency Board, out
of the General Fund, for the biennium beginning July 1, 2001, the
sum of $275,000, for allocation only to the Judicial Department
for the monthly state contributions for payment of all or part of
the cost of health benefit plans of retired judge members under
section 6 of this 2001 Act. Any moneys remaining unallocated and
unobligated by the Emergency Board on November 1, 2002, become
available for any lawful purpose for which the Emergency Board
may lawfully allocate funds. + }
                               { +
COLLECTION OF ACCOUNTS + }
 
  SECTION 11.  { + As used in sections 11 to 16 of this 2001 Act:
  (1) 'Payment' means a voluntary amount of money paid by a
debtor or an involuntary amount of money paid by a debtor through
offset or garnishment.
  (2) 'State court' means a circuit court, the Oregon Tax Court,
the Court of Appeals or the Supreme Court. + }
  SECTION 12.  { + (1) Not later than October 1 of each fiscal
year, all state courts and all commissions, departments and
divisions in the judicial branch of state government shall submit
reports to the Legislative Fiscal Office that describe the status
of the liquidated and delinquent accounts of the judicial branch
of state government, and the efforts made to collect those
liquidated and delinquent accounts during the immediately
preceding fiscal year.  The reports required under this
subsection shall be in a form prescribed by the Legislative
Fiscal Office and shall include but not be limited to:
  (a) The total number of all liquidated and delinquent accounts,
and the balance for those accounts, at the beginning of the
fiscal year;
  (b) The total number of all liquidated and delinquent accounts,
and the balance for those accounts, at the end of the fiscal
year;
  (c) The liquidated and delinquent accounts that have been added
during the immediately preceding fiscal year;
  (d) The total amount collected on liquidated and delinquent
accounts during the immediately preceding fiscal year;
  (e) The total amount and total number of liquidated and
delinquent accounts that have been written off during the
immediately preceding fiscal year;
  (f) The total amount and total number of liquidated and
delinquent accounts that have been assigned for collection, and
the collection efforts made for those accounts, during the
immediately preceding fiscal year;
  (g) The total amount and total number of liquidated and
delinquent accounts that have been turned over to private
collection agencies under section 13 of this 2001 Act and the
total amount that has been collected by those agencies during the
immediately preceding fiscal year;
  (h) The total amount and total number of accounts that have
ceased to be liquidated and delinquent during the fiscal year for
reasons other than having been collected or written off;
  (i) The total number and total amount of all liquidated and
delinquent accounts that have been exempted under section 15 of
this 2001 Act; and
  (j) Any other information necessary to inform the Legislative
Fiscal Office of the status of the liquidated and delinquent
accounts of the judicial branch of state government.
  (2) The Legislative Fiscal Office shall produce an annual
report, not later than December 31 of each fiscal year, on the
status of the liquidated and delinquent accounts of the judicial
branch of state government. The annual report shall be based on
the reports submitted under subsection (1) of this section.
  (3) The reports required under subsection (1) of this section
may be made by the State Court Administrator on behalf of some or
all of the state courts and on behalf of some or all of the
commissions, departments and divisions in the judicial branch of
state government. + }
  SECTION 13.  { + (1) Except as otherwise provided by law, all
state courts and all commissions, departments and divisions in
the judicial branch of state government shall offer to assign the
liquidated and delinquent accounts of the state court,
commission, department or division to a private collection
 
agency, or to the Department of Revenue under the provisions of
ORS 293.250, not later than:
  (a) One year from the date the account was liquidated if no
payment has been received on the account within that year; or
  (b) One year from the date of receipt of the most recent
payment on the account.
  (2) Nothing in subsection (1) of this section prohibits a state
court or a commission, department or division in the judicial
branch of state government from assigning a liquidated and
delinquent account to a private collection agency at any time
within the one-year period, or from assigning a liquidated and
delinquent account to the Department of Revenue during the
one-year period, if that assignment is otherwise allowed by law.
  (3) Nothing in this section prevents a state court or a
commission, department or division in the judicial branch of
state government from assigning an account to the Department of
Revenue for the purpose of seeking an offset against tax refunds
or other amounts due the debtor at the time the account is
assigned to a private collection agency. A state court and any
commission, department or division in the judicial branch of
state government that assigns the same account to both the
Department of Revenue and a private collection agency shall
ensure that both the Department of Revenue and the private
collection agency are kept informed of the status of all
collections made on the account.
  (4) If a private collection agency is unable to collect on an
account assigned under this section, the private collection
agency shall notify the state court, commission, department or
division that assigned the account that the private collection
agency is unable to collect on the account and that the private
collection agency will relinquish the account. The private
collection agency shall relinquish the account within a
reasonable time or within such time as may be set by agreement. A
private collection agency that is assigned an account under this
section shall be held to the same standard of confidentiality,
service and courtesy imposed on a state court in collecting on
liquidated and delinquent accounts.
  (5) If a liquidated and delinquent account is assigned to the
Department of Revenue as provided in ORS 293.250, the Department
of Revenue shall have one year from the date of liquidation, or
from the date of receipt of the most recent payment on the
account, to collect a payment. If the Department of Revenue does
not collect a payment within the one-year period or if one year
has elapsed since the date of receipt of the most recent payment
on the account, the Department of Revenue shall notify the state
court, commission, department or division that assigned the
account. The state court, commission, department or division
shall then immediately offer assignment of the account to a
private collection agency.
  (6) For the purposes of this section, a state court or a
commission, department or division in the judicial branch of
state government shall be considered to have offered an account
for assignment to a private collection agency if:
  (a) The terms of the offer are of a type generally accepted by
the collections industry for the type of account to be assigned;
and
  (b) The offer is made to a private collection agency that
engages in the business of collecting the type of account to be
assigned or made generally to private collection agencies through
a bid or request for proposal process.
  (7) The offer of assignment of accounts required under this
section may be made by the State Court Administrator on behalf of
some or all of the state courts and on behalf of some or all of
the commissions, departments and divisions in the judicial branch
of state government. + }
 
  SECTION 14.  { + (1) Section 13 of this 2001 Act does not apply
to liquidated and delinquent accounts that are prohibited by
state or federal law or regulation from assignment or collection.
  (2) Notwithstanding section 13 of this 2001 Act, a state court
or a commission, department or division in the judicial branch of
state government, acting in its sole discretion, may choose not
to offer a liquidated and delinquent account to a private
collection agency or to the Department of Revenue if the account:
  (a) Is secured by a consensual security interest in real or
personal property;
  (b) Is based on that part of a judgment that requires payment
of restitution or a payment to the Crime Victims' Assistance
section of the Criminal Justice Division of the Department of
Justice;
  (c) Is in litigation, mediation or arbitration or is subject to
a stay in bankruptcy proceedings;
  (d) Is owed by a local or state government or by the federal
government;
  (e) Is owed by a debtor who is hospitalized in a state hospital
as defined in ORS 162.135 or who is on public assistance as
defined in ORS 411.010;
  (f) Consists of moneys for which a district attorney has
assumed collection responsibility under ORS 8.680;
  (g) Consists of moneys owed by a person who is incarcerated;
  (h) Is an account that was previously offered to a private
collection agency and was refused, or that was previously
assigned to a private collection agency and the agency thereafter
relinquished the account;
  (i) Is less than $100, including penalties; or
  (j) Would result in loss of federal funding if assigned. + }
  SECTION 15.  { + (1) The State Court Administrator may
establish policies and procedures for exempting accounts from the
requirements of section 13 of this 2001 Act. All policies
establishing exemptions under this section must be documented and
justified by the State Court Administrator.
  (2) The State Court Administrator may establish criteria and
standards by which state courts and commissions, departments and
divisions in the judicial branch of state government may cease to
make collection efforts for specified types of accounts. + }
  SECTION 16.  { + Nothing in sections 11 to 16 of this 2001 Act
limits or affects the ability of a judge of a state court to
enforce, modify, set aside, suspend, delay, condition, schedule
or take any other action authorized by law with respect to a debt
or money obligation owed to this state. + }
  SECTION 17.  { + Notwithstanding any other law, the
appropriation to the Judicial Department under section 1 (1),
chapter 130, Oregon Laws 2001 (Enrolled House Bill 5020), from
the General Fund for the biennium beginning July 1, 2001, is
reduced by $6,007,971. + }
  SECTION 18.  { + Notwithstanding any other law, the limitation
established for the biennium beginning July 1, 2001, under the
provisions of section 3, chapter 130, Oregon Laws 2001 (Enrolled
House Bill 5020), as the maximum limit for payment of expenses
from fees, moneys or other revenues, including Miscellaneous
Receipts, but excluding lottery funds and federal funds,
collected or received by the Judicial Department, is increased by
$6,830,096 for the funding of court collection activities and
related operating expenses. + }
  SECTION 19. ORS 137.118 is amended to read:
  137.118. (1) Judgments in criminal actions that impose monetary
obligations, including judgments requiring the payment of fines,
costs, assessments, compensatory fines, attorney fees,
forfeitures or restitution, may be assigned by the state, by a
municipal court or by a justice court for collection. An
assignment by the state may be to the Department of Revenue or a
private collection agency. An assignment by a municipal court or
by a justice court may be to a private collection agency. Nothing
in this section limits the right of a municipal court or a
justice court to assign for collection judgments in matters other
than criminal actions.
  (2)   { - The - }  { +  A municipal or justice + } court may
add to any judgment in a criminal action that includes a monetary
obligation a fee for the cost of collection if the court gives
the defendant a period of time to pay the obligation after the
date of imposition of the sentence or after the date of the
hearing or proceeding that results in the imposition of the
financial obligation. The fee may not exceed 25 percent of the
monetary obligation imposed by the court without the addition of
the cost of collection, but shall not be more than $250. The fee
shall be waived or suspended by the court if the defendant pays
the monetary obligation in the manner required by the court.
   { +  (3) A state court shall add to any judgment in a criminal
action that includes a monetary obligation the fees required by
section 20 of this 2001 Act. + }
    { - (3) - }  { +  (4) + } As used in this section, 'criminal
action' has the meaning given that term in ORS 131.005.
  SECTION 20.  { + (1) All circuit courts and appellate courts of
this state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than $25 and not more than $50 to any judgment that includes a
monetary obligation that the court or judicial branch is charged
with collecting. The fee shall be added to cover the cost of
establishing and administering an account for the debtor and
shall be added without further notice to the debtor or further
order of the court. The fee shall be added only if the court
gives the defendant a period of time in which to pay the
obligation after the financial obligation is imposed. Fees under
this subsection shall be deposited in the General Fund.
  (2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions of the judicial branch
of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment
referred for collection that includes a monetary obligation that
the state court or the commission, department or division is
charged with collecting. The fee shall be added to cover the
costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary
obligation without further notice to the debtor or further order
of the court. The fee may not exceed the actual costs of
collection charged by the Department of Revenue or private
collection agency.  Fees under this subsection shall be deposited
in the Judicial Department Collections Account established under
section 25 of this 2001 Act and may be used only for the purposes
specified in section 25 of this 2001 Act.
  (3) A court may not waive or suspend the fees required to be
added to judgments under the provisions of this section. + }
  SECTION 21.  { + (1) The fee required by section 20 (1) of this
2001 Act shall be added only to judgments entered in the register
of a court on or after September 1, 2001.
  (2) The fee required by section 20 (2) of this 2001 Act shall
be added to all judgments, whether entered in the register of a
court before, on or after the effective date of this 2001 Act,
that are referred for collection to the Department of Revenue or
a private collection agency on or after September 1, 2001. + }
  SECTION 22. ORS 137.295 is amended to read:
  137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
 
  (2) There are four categories of monetary obligations. The
categories are as follows:
  (a) Category 1 consists of compensatory fines under ORS
137.101.
  (b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
  (c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
  (d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
  (3) So long as there remains unpaid any obligation under
category 1, the clerk shall credit toward category 1 all of each
payment received.
  (4) After the total obligation has been credited under category
1, then so long as there remains unpaid any obligation under both
categories 2 and 3, the clerk shall credit toward each such
category 50 percent of each payment received.
  (5) The clerk shall monthly transfer the moneys credited under
category 1 and under category 2 to the victims for whose benefit
moneys under that category were ordered paid. The clerk of a
circuit court shall monthly transfer the moneys credited under
category 3 as directed by the State Court Administrator for
deposit in the State Treasury to the credit of the Criminal Fine
and Assessment Account established under ORS 137.300. The clerk
of a justice or municipal court shall monthly transfer the moneys
credited under category 3 to the Department of Revenue as
provided in ORS 305.830.
  (6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, further payments by
the defendant shall be credited by the clerk entirely to the
unpaid balance of whichever of those categories remains unpaid,
until both category 2 and category 3 have been entirely paid.
  (7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
moneys so received to the appropriate recipient, giving first
priority to counties and cities entitled to revenues generated by
prosecutions in justice and municipal courts and giving last
priority to persons entitled to moneys as reimbursement for
reward under ORS 131.897.
   { +  (8) Notwithstanding subsection (5) of this section, the
clerk of a circuit court shall monthly transfer the moneys
attributable to parking violations to the State Treasurer for
deposit in the General Fund. + }
  SECTION 23. ORS 137.295, as amended by section 1, chapter 1064,
Oregon Laws 1999, is amended to read:
  137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
  (2) There are four categories of monetary obligations. The
categories are as follows:
  (a) Category 1 consists of compensatory fines under ORS
137.101.
  (b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
  (c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
  (d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
  (3) As long as there remains unpaid any obligation under
category 1, including any interest accrued on that obligation,
the clerk shall credit toward category 1 all of each payment
received.
  (4) After the total obligation has been credited under category
1, then as long as there remains unpaid any obligation under both
categories 2 and 3, including any interest accrued on those
obligations, the clerk shall credit toward each such category 50
percent of each payment received.
  (5) The clerk shall monthly transfer the principal amount of
the moneys credited under category 1 and under category 2, and
all interest that has accrued on those principal amounts, to the
victims for whose benefit moneys under that category were ordered
paid. The clerk of a circuit court shall monthly transfer the
principal amount of the moneys credited under category 3 as
directed by the State Court Administrator for deposit in the
State Treasury to the credit of the Criminal Fine and Assessment
Account established under ORS 137.300. The clerk of a justice or
municipal court shall monthly transfer the principal amount of
the moneys credited under category 3 to the Department of Revenue
as provided in ORS 305.830. The clerk shall transfer all interest
on the principal amount of the moneys credited under category 3
to the State Court Administrator for deposit in the Court
Facilities Account established under ORS 1.190.
  (6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, including any
interest that has accrued on the amount, further payments by the
defendant shall be credited by the clerk entirely to the unpaid
balance of whichever of those categories remains unpaid, until
both category 2 and category 3 have been entirely paid.
  (7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
principal amount of the moneys so received to the appropriate
recipient, giving first priority to counties and cities entitled
to revenues generated by prosecutions in justice and municipal
courts and giving last priority to persons entitled to moneys as
reimbursement for reward under ORS 131.897. The clerk shall
transfer all interest on the principal amount of the moneys
credited under category 4 to the agency, person or political
subdivision of the state entitled to the principal amount. All
interest on monetary obligations owing to the state under
category 4 shall be transferred to the State Court Administrator
for deposit in the Court Facilities Account established under ORS
1.190.
 
   { +  (8) Notwithstanding subsection (5) of this section, the
clerk of a circuit court shall monthly transfer the moneys
attributable to parking violations to the State Treasurer for
deposit in the General Fund. + }
  SECTION 24.  { + ORS 8.172 is repealed and section 25 of this
2001 Act is enacted in lieu thereof. + }
  SECTION 25.  { + (1) The State Court Administrator may
establish a collections program within the Judicial Department
for the purpose of enhancing collections. Subject to policies and
procedures prescribed by the State Court Administrator, the
collections program may collect, by any means authorized by law,
all amounts owing to the state that are subject to collection by
the state courts or by a commission, department or division in
the judicial branch of state government. The State Court
Administrator may establish a separate unit within the
collections program for the collection of parking fines in
counties with populations of more than 500,000.
  (2) There is established within the General Fund the Judicial
Department Collections Account. The account shall consist of
moneys deposited in the account under the provisions of
subsection (3) of this section. All moneys in the account are
continuously appropriated to the Judicial Department and may be
used only for the purposes specified in subsection (3) of this
section.
  (3) All moneys collected by the collections program established
under this section shall be deposited in the Judicial Department
Collections Account. At the end of each calendar month, the State
Court Administrator shall distribute the amounts in the account
in the following order of priority:
  (a) The collections program shall be reimbursed for actual
costs and expenses of the program, including personnel expenses,
incurred in the administration and collection of accounts. The
amount of reimbursement may not exceed the actual costs and
expenses incurred by the collections program. The State Court
Administrator may designate a single percentage amount to be
retained from all moneys collected under the program, but must
adjust that percentage amount periodically to reflect actual
program costs.
  (b) All moneys not expended under paragraph (a) of this
subsection shall be distributed as otherwise provided by law for
the amounts collected. + }
 
                               { +
FEE UPON SUSPENSION OR RESTRICTION + }
                               { +
OF DRIVING PRIVILEGES + }
 
  SECTION 26. ORS 809.267 is amended to read:
  809.267. A court shall   { - not issue a notice to the
Department of Transportation authorizing reinstatement of driving
privileges that the court had ordered suspended or restricted
until the person whose privileges were suspended or restricted
pays the court a $15 reinstatement fee - }  { +  add a $15 fee to
the judgment in any case in which the court gives notice to the
Department of Transportation of the suspension or restriction of
a defendant's driving privileges. The fee shall be added to the
judgment without further notice to the defendant or further order
of the court + }.  This section applies to   { - reinstatements
after - }  suspensions or restrictions ordered by a court for
failure of a person to comply with a court order or with any
conditions imposed by the court, for failure to pay a fine or for
failure to appear as required by ORS 153.061.
  SECTION 27. ORS 809.220 is amended to read:
  809.220. This section establishes procedures that are
applicable if a person fails to appear on a citation for a
traffic offense. All of the following apply to this section:
  (1) If a defendant fails to make any appearance required by the
court or by law in a proceeding charging the defendant with a
traffic offense, the court:
  (a) Shall issue notice to the Department of Transportation to
suspend for failure to appear if the defendant is charged with a
traffic crime. If a court issues notice under this paragraph, the
department shall suspend the driving privileges of the person as
provided under ORS 809.280.
  (b) Shall issue notice to the department to implement
procedures under ORS 809.290 if the defendant is charged with a
traffic violation. If a court issues notice under this paragraph,
the department shall implement procedures under ORS 809.290.
  (2) In any notice to the department under this section, a court
shall certify that the defendant failed to appear in the
proceedings in the manner required by the court or by law.
  (3)   { - Subject to ORS 809.267, - }  At any time within five
years from the date of a notice to suspend for failure to appear
given to the department under this section, a court shall give a
second notice to the department to terminate a suspension
resulting from the original notice if any of the following occur:
  (a) The base fine amount or fine set by the court is paid.
  (b) The court finds the defendant not guilty or orders a
dismissal of the case.
  (c) The court determines that the suspension for failure to pay
or appear should be terminated for good cause.
  (4) Notifications by a court to the department under this
section shall be in a form prescribed by the department.
  (5) A court shall not notify the department under this section
for failure to appear on any parking, pedestrian or bicyclist
offense.
 
                               { +
OPERATIVE DATE + }
 
  SECTION 28.  { + Section 25 of this 2001 Act, the repeal of ORS
8.172 by section 24 of this 2001 Act, and the amendments to ORS
809.267 and 809.220 by sections 26 and 27 of this 2001 Act become
operative on September 1, 2001. + }
  SECTION 29.  { + The unit captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
  SECTION 30.  { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
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