Chapter 737 Oregon Laws 2003

AN ACT

HB 2759

Relating to courts; creating new provisions; amending ORS 8.445, 9.574, 21.010, 21.040, 21.110, 21.111, 21.112, 21.114, 21.270, 21.275, 21.310, 21.325, 21.480, 21.605, 24.190, 34.340, 36.350, 36.355, 36.520, 46.488, 46.570, 52.635, 105.130, 106.120, 107.434, 108.130, 112.820, 114.515, 135.921, 137.290, 138.053, 138.222, 138.560, 153.018, 153.093, 153.125, 161.566, 161.568, 161.625, 161.635, 419B.555 and 813.240 and section 5, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), and section 5, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279); repealing section 7, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), section 3, chapter 565, Oregon Laws 2003 (Enrolled Senate Bill 391), and sections 171, 177 and 287, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646); appropriating money; declaring an emergency; and providing for revenue raising that requires approval by a three-fifths majority.

FEE INCREASES

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 21.010 is amended to read:

21.010. (1) Except as provided in subsection (2) of this section, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $140 in the manner prescribed by ORS 19.265. The respondent in such case and any other person appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator the sum of $84. The party entitled to costs and disbursements on such appeal shall recover from the opponent the amount so paid.

(2) Filing and appearance fees shall not be assessed in appeals from habeas corpus proceedings under ORS 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court under ORS 419A.200 and the involuntary commitment of allegedly mentally ill persons under ORS 426.135 or allegedly mentally retarded persons under ORS 427.295, or on judicial review of orders of the Psychiatric Security Review Board under ORS 161.385 (8) or orders of the State Board of Parole and Post-Prison Supervision.

(3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit court from a justice court or municipal court in an action alleging commission of a state offense designated as a violation or an action alleging violation of a city charter or ordinance, but not in an action alleging commission of a state crime.

(4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055.

(5) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a surcharge of $42 in the manner prescribed by ORS 19.265. The respondent in the case, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator a surcharge of $25.

SECTION 2. The amendments to ORS 21.010 by section 1 of this 2003 Act apply only to appeals filed on or after September 1, 2003.

SECTION 3. ORS 21.010, as amended by section 1 of this 2003 Act, is amended to read:

21.010. (1) Except as provided in subsection (2) of this section, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of [$140] $154 in the manner prescribed by ORS 19.265. The respondent in such case and any other person appearing in the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator the sum of [$84] $92. The party entitled to costs and disbursements on such appeal shall recover from the opponent the amount so paid.

(4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding seeking imposition of remedial sanctions under the provisions of ORS 33.055.

[(5) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the appellant in an appeal or the petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a surcharge of $42 in the manner prescribed by ORS 19.265. The respondent in the case, upon entering first appearance or filing first brief in the court, shall pay to the State Court Administrator a surcharge of $25.]

SECTION 4. The amendments to ORS 21.010 by section 3 of this 2003 Act become operative on July 1, 2005.

SECTION 5. ORS 21.040 is amended to read:

21.040. (1) In cases of original jurisdiction in the Supreme Court, the plaintiff or moving party shall pay $35 and the defendant or respondent shall pay $20 on the filing of their first paper.

(2) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in cases of original jurisdiction in the Supreme Court, the plaintiff or moving party shall pay a surcharge of $11 and the defendant or respondent shall pay a surcharge of $6 on the filing of their first paper.

SECTION 6. ORS 21.040, as amended by section 5 of this 2003 Act, is amended to read:

21.040. [(1)] In cases of original jurisdiction in the Supreme Court, the plaintiff or moving party shall pay [$35] $39 and the defendant or respondent shall pay [$20] $22 on the filing of their first paper.

[(2) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in cases of original jurisdiction in the Supreme Court, the plaintiff or moving party shall pay a surcharge of $11 and the defendant or respondent shall pay a surcharge of $6 on the filing of their first paper.]

SECTION 7. The amendments to ORS 21.040 by section 6 of this 2003 Act become operative on July 1, 2005.

SECTION 8. ORS 21.110 is amended to read:

21.110. (1) Except as otherwise provided in this section, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party the sum of $97 as a flat and uniform filing fee. [The clerk shall also,] In addition, at the time of filing any appearance in any such action, suit or proceeding [upon the part of] by any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall collect from [such] the party or parties the sum of $73 as a flat and uniform filing fee.

(2) In the following actions, the clerk of the circuit court shall collect the sum of $62 as a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is filed, and shall collect the sum of $46 as a flat and uniform filing fee from any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, at the time of filing any appearance in the action:

(a) Actions for the recovery of money or damages only when the amount claimed does not exceed $10,000.

(b) Actions for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000.

(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.

(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount claimed for such liens does not exceed $10,000.

(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the value of the property involved does not exceed $10,000.

(f) Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed does not exceed $10,000.

(3) For purposes of subsection (2) of this section, the amount claimed, value of property, damages or any amount in controversy does not include any amount claimed as costs and disbursements or attorney fees as defined by ORCP 68 A.

(4) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid by the person filing the paper or pleading, or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any such action, suit or proceeding, except where additional fees are specially authorized by law.

(5) Any plaintiff, appellant, moving party, defendant or respondent that files an action or appearance that is subject to the filing fees established under subsection (2) of this section must include in the caption of the pleading the following words: “Claim of not more than $10,000.”

(6) The fees imposed by this section do not apply to:

(a) Protective proceedings under ORS chapter 125;

(b) Proceedings for dissolution of marriage, annulment of marriage or separation;

(d) Proceedings to determine custody or support of a child under ORS 109.103;

(e) Probate, adoption or change of name proceedings; [or]

(f) Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee is provided by ORS 105.130; or

(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the action or proceeding.

(7) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080.

(8)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party a surcharge of $29. The clerk shall also, at the time of filing any appearance in any such action, suit or proceeding upon the part of any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, collect from such party or parties a surcharge of $22.

(b) In addition to the fees provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect a surcharge of $19 from the plaintiff, appellant or moving party, and shall collect a surcharge of $14 from any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, in the actions described in subsection (2) of this section.

SECTION 8a. If House Bill 2756 becomes law, section 8 of this 2003 Act (amending ORS 21.110) is repealed and ORS 21.110, as amended by section 4, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), is amended to read:

(a) Actions for the recovery of money or damages only when the amount claimed does not exceed $10,000.

(b) Actions for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000.

(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.

(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount claimed for such liens does not exceed $10,000.

(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the value of the property involved does not exceed $10,000.

(f) Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed does not exceed $10,000.

(3) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from the petitioner in a proceeding under ORS 181.607 or section 2, [of this 2003 Act] chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), at the time the petition is filed. Fees collected under this subsection shall be deposited into the [Reporting Relief Fund established in section 7 of this 2003 Act] Judicial Department Operating Account established in section 83 of this 2003 Act.

(4) For purposes of subsection (2) of this section, the amount claimed, value of property, damages or any amount in controversy does not include any amount claimed as costs and disbursements or attorney fees as defined by ORCP 68 A.

(5) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid by the person filing the paper or pleading, or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any such action, suit or proceeding, except where additional fees are specially authorized by law.

(6) Any plaintiff, appellant, moving party, defendant or respondent that files an action or appearance that is subject to the filing fees established under subsection (2) of this section must include in the caption of the pleading the following words: “Claim of not more than $10,000.”

(7) The fees imposed by this section do not apply to:

(a) Protective proceedings under ORS chapter 125;

(b) Proceedings for dissolution of marriage, annulment of marriage or separation;

(d) Proceedings to determine custody or support of a child under ORS 109.103;

(e) Probate, adoption or change of name proceedings; [or]

(f) Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee is provided by ORS 105.130; or

(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the action or proceeding.

(8) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080.

(9)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party a surcharge of $29. The clerk shall also, at the time of filing any appearance in any such action, suit or proceeding upon the part of any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, collect from such party or parties a surcharge of $22.

SECTION 9. The amendments to ORS 21.110 by section 8 of this 2003 Act apply only to actions and proceedings, including appeals, filed in circuit courts on or after September 1, 2003.

SECTION 9a. If House Bill 2756 becomes law, section 9 of this 2003 Act is amended to read:

Sec. 9. The amendments to ORS 21.110 by section [8] 8a of this 2003 Act apply only to actions and proceedings, including appeals, filed in circuit courts on or after September 1, 2003.

SECTION 10. ORS 21.110, as amended by section 8 of this 2003 Act, is amended to read:

21.110. (1) Except as otherwise provided in this section, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party the sum of [$97] $107 as a flat and uniform filing fee. In addition, at the time of filing any appearance in any such action, suit or proceeding by any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall collect from the party or parties the sum of [$73] $80 as a flat and uniform filing fee.

(2) In the following actions, the clerk of the circuit court shall collect the sum of [$62] $68 as a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is filed, and shall collect the sum of [$46] $51 as a flat and uniform filing fee from any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, at the time of filing any appearance in the action:

(a) Actions for the recovery of money or damages only when the amount claimed does not exceed $10,000.

(b) Actions for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000.

(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.

(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount claimed for such liens does not exceed $10,000.

(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the value of the property involved does not exceed $10,000.

(f) Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed does not exceed $10,000.

(4) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid by the person filing the paper or pleading, or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any such action, suit or proceeding, except where additional fees are specially authorized by law.

(6) The fees imposed by this section do not apply to:

(a) Protective proceedings under ORS chapter 125;

(b) Proceedings for dissolution of marriage, annulment of marriage or separation;

(d) Proceedings to determine custody or support of a child under ORS 109.103;

(e) Probate, adoption or change of name proceedings;

(f) Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee is provided by ORS 105.130; or

(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the action or proceeding.

[(8)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party a surcharge of $29. The clerk shall also, at the time of filing any appearance in any such action, suit or proceeding upon the part of any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, collect from such party or parties a surcharge of $22.]

[(b) In addition to the fees provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect a surcharge of $19 from the plaintiff, appellant or moving party, and shall collect a surcharge of $14 from any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, in the actions described in subsection (2) of this section.]

SECTION 10a. If House Bill 2756 becomes law, section 10 of this 2003 Act (amending ORS 21.110) is repealed and ORS 21.110, as amended by section 4, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), and section 8a of this 2003 Act, is amended to read:

21.110. (1) Except as otherwise provided in this section, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party the sum of [$97] $107 as a flat and uniform filing fee. In addition, at the time of filing any appearance in any such action, suit or proceeding by any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall collect from the party or parties the sum of [$73] $80 as a flat and uniform filing fee.

(a) Actions for the recovery of money or damages only when the amount claimed does not exceed $10,000.

(b) Actions for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000.

(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.

(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount claimed for such liens does not exceed $10,000.

(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the value of the property involved does not exceed $10,000.

(f) Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed does not exceed $10,000.

(3) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from the petitioner in a proceeding under ORS 181.607 or section 2, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), at the time the petition is filed. Fees collected under this subsection shall be deposited into the Judicial Department Operating Account established in section 83 of this 2003 Act.

(5) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid by the person filing the paper or pleading, or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any such action, suit or proceeding, except where additional fees are specially authorized by law.

(7) The fees imposed by this section do not apply to:

(a) Protective proceedings under ORS chapter 125;

(b) Proceedings for dissolution of marriage, annulment of marriage or separation;

(d) Proceedings to determine custody or support of a child under ORS 109.103;

(e) Probate, adoption or change of name proceedings;

(f) Proceedings involving dwelling units to which ORS chapter 90 applies and for which the fee is provided by ORS 105.130; or

(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the action or proceeding.

[(9)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing in the circuit court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party a surcharge of $29. The clerk shall also, at the time of filing any appearance in any such action, suit or proceeding upon the part of any defendant or respondent appearing separately, or upon the part of defendants or respondents appearing jointly, collect from such party or parties a surcharge of $22.]

SECTION 11. The amendments to ORS 21.110 by section 10 of this 2003 Act become operative on July 1, 2005.

SECTION 11a. If House Bill 2756 becomes law, section 11 of this 2003 Act is amended to read:

Sec. 11. The amendments to ORS 21.110 by section [10] 10a of this 2003 Act become operative on July 1, 2005.

SECTION 12. ORS 21.111 is amended to read:

21.111. (1) In the proceedings specified in subsection (2) of this section, the clerk of the circuit court shall collect the sum of $90 as a flat and uniform filing fee from the petitioner at the time the petition is filed, and shall collect the sum of $46 as a flat and uniform filing fee from the respondent upon the respondent making an appearance.

(2) The filing fee established by subsection (1) of this section shall be collected by the clerk in the following proceedings:

(a) Proceedings for dissolution of marriage, annulment of marriage or separation.

(b) Filiation proceedings under ORS 109.124 to 109.230.

(3) In addition to all other fees collected, the clerk of the circuit court shall collect from the moving party a fee of $45 at the time of the filing of a motion [for the modification of] after entry of a decree of marital annulment, dissolution or separation[, if the motion is filed more than one year after the entry of the decree in the register of the court]. [No] A fee of $35 shall be charged to the responding party at the time a response is filed to the motion. The fee provided for in this subsection does not apply to any pleading under ORCP 68, 69 or 71.

(4) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any of the proceedings, except where additional fees are specially authorized by law.

(5) Any petitioner or respondent that files a petition or appearance that is subject to the filing fees established under subsection (1) of this section must include in the caption of the pleading the following words: “Domestic relations case subject to fee under ORS 21.111.”

(6) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080.

(7)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in the proceedings specified in subsection (2) of this section the clerk of the circuit court shall collect a surcharge of $27 from the petitioner at the time the petition is filed, and shall collect a surcharge of $14 from the respondent upon the respondent making an appearance.

(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the moving party a surcharge of $14 at the time of the filing of a motion for the modification of a decree of marital annulment, dissolution or separation, if the motion is filed more than one year after the entry of the decree in the register of the court.

SECTION 13. The amendments to ORS 21.111 by section 12 of this 2003 Act apply only to motions filed on or after September 1, 2003.

SECTION 14. ORS 21.111, as amended by section 12 of this 2003 Act, is amended to read:

21.111. (1) In the proceedings specified in subsection (2) of this section, the clerk of the circuit court shall collect the sum of [$90] $99 as a flat and uniform filing fee from the petitioner at the time the petition is filed, and shall collect the sum of [$46] $51 as a flat and uniform filing fee from the respondent upon the respondent making an appearance.

(2) The filing fee established by subsection (1) of this section shall be collected by the clerk in the following proceedings:

(a) Proceedings for dissolution of marriage, annulment of marriage or separation.

(b) Filiation proceedings under ORS 109.124 to 109.230.

(3) In addition to all other fees collected, the clerk of the circuit court shall collect from the moving party a fee of [$45] $50 at the time of the filing of a motion after entry of a decree of marital annulment, dissolution or separation. A fee of $35 shall be charged to the responding party at the time a response is filed to the motion. The fee provided for in this subsection does not apply to any pleading under ORCP 68, 69 or 71.

[(7)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in the proceedings specified in subsection (2) of this section the clerk of the circuit court shall collect a surcharge of $27 from the petitioner at the time the petition is filed, and shall collect a surcharge of $14 from the respondent upon the respondent making an appearance.]

[(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the moving party a surcharge of $14 at the time of the filing of a motion for the modification of a decree of marital annulment, dissolution or separation, if the motion is filed more than one year after the entry of the decree in the register of the court.]

SECTION 14a. If House Bill 2646 becomes law, section 287, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646) (amending ORS 21.111), is repealed and ORS 21.111, as amended by section 12 of this 2003 Act, is amended to read:

(2) The filing fee established by subsection (1) of this section shall be collected by the clerk in the following proceedings:

(a) Proceedings for dissolution of marriage, annulment of marriage or separation.

(b) Filiation proceedings under ORS 109.124 to 109.230.

(3) In addition to all other fees collected, the clerk of the circuit court shall collect from the moving party a fee of $45 at the time of the filing of a motion after entry of a [decree] judgment of marital annulment, dissolution or separation. A fee of $35 shall be charged to the responding party at the time a response is filed to the motion. The fee provided for in this subsection does not apply to any pleading under ORCP 68, 69 or 71.

(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the moving party a surcharge of $14 at the time of the filing of a motion for the modification of a [decree] judgment of marital annulment, dissolution or separation, if the motion is filed more than one year after the entry of the [decree] judgment in the register of the court.

SECTION 14b. The amendments to ORS 21.111 by section 14a of this 2003 Act become operative on January 1, 2004.

SECTION 14c. If House Bill 2646 becomes law, section 14 of this 2003 Act (amending ORS 21.111) is repealed and ORS 21.111, as amended by sections 12 and 14a of this 2003 Act, is amended to read:

(2) The filing fee established by subsection (1) of this section shall be collected by the clerk in the following proceedings:

(a) Proceedings for dissolution of marriage, annulment of marriage or separation.

(b) Filiation proceedings under ORS 109.124 to 109.230.

(3) In addition to all other fees collected, the clerk of the circuit court shall collect from the moving party a fee of [$45] $50 at the time of the filing of a motion after entry of a judgment of marital annulment, dissolution or separation. A fee of $35 shall be charged to the responding party at the time a response is filed to the motion. The fee provided for in this subsection does not apply to any pleading under ORCP 68, 69 or 71.

[(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the moving party a surcharge of $14 at the time of the filing of a motion for the modification of a judgment of marital annulment, dissolution or separation, if the motion is filed more than one year after the entry of the judgment in the register of the court.]

SECTION 15. The amendments to ORS 21.111 by section 14 of this 2003 Act become operative on July 1, 2005.

SECTION 15a. If House Bill 2646 becomes law, section 15 of this 2003 Act is amended to read:

Sec. 15. The amendments to ORS 21.111 by section [14] 14c of this 2003 Act become operative on July 1, 2005.

SECTION 16. ORS 21.114 is amended to read:

21.114. (1) In a court having jurisdiction, the clerk of the court shall charge and collect:

(a) In an adoption proceeding, a first appearance fee of $35 from the party filing the petition for adoption, and a first appearance fee of $21 from an objecting party appearing separately or objecting parties appearing jointly.

(b) In a change of name proceeding, a first appearance fee of $35 from the party filing the application for change of name, and a first appearance fee of $21 from an objecting party appearing separately or objecting parties appearing jointly.

(2) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

(3) In any adoption or change of name proceeding in a court having jurisdiction, the clerk of the court shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a trial or hearing fee of $35.

(4) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect:

(a) In an adoption proceeding, a surcharge of $11 from the party filing the petition for adoption, and a surcharge of $6 from an objecting party appearing separately or objecting parties appearing jointly.

(b) In a change of name proceeding, a surcharge of $11 from the party filing the application for change of name, and a surcharge of $6 from an objecting party appearing separately or objecting parties appearing jointly.

(5) In addition to the fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in any adoption or change of name proceeding in a court having jurisdiction, the clerk of the court shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge of $11.

SECTION 17. ORS 21.114, as amended by section 16 of this 2003 Act, is amended to read:

21.114. (1) In a court having jurisdiction, the clerk of the court shall charge and collect:

(a) In an adoption proceeding, a first appearance fee of [$35] $39 from the party filing the petition for adoption, and a first appearance fee of [$21] $23 from an objecting party appearing separately or objecting parties appearing jointly.

(b) In a change of name proceeding, a first appearance fee of [$35] $39 from the party filing the application for change of name, and a first appearance fee of [$21] $23 from an objecting party appearing separately or objecting parties appearing jointly.

(2) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

[(4) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect:]

[(a) In an adoption proceeding, a surcharge of $11 from the party filing the petition for adoption, and a surcharge of $6 from an objecting party appearing separately or objecting parties appearing jointly.]

[(b) In a change of name proceeding, a surcharge of $11 from the party filing the application for change of name, and a surcharge of $6 from an objecting party appearing separately or objecting parties appearing jointly.]

[(5) In addition to the fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in any adoption or change of name proceeding in a court having jurisdiction, the clerk of the court shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge of $11.]

SECTION 18. The amendments to ORS 21.114 by section 17 of this 2003 Act become operative on July 1, 2005.

SECTION 19. ORS 21.270 is amended to read:

21.270. (1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, trial fees shall be collected as provided in this section.

(2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of $70 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance [at the time] and is due and payable when the action, suit or proceeding [comes on] is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

(3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of $175 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of $100 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance [at the time] and is due and payable when the action, suit or proceeding [comes on] is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

(b) If the plaintiff or appellant waives a trial by jury, and the defendant or respondent desires a trial by jury, the clerk shall collect the jury trial fee from the defendant or respondent, and not from the plaintiff or appellant.

(c) A case in which the jury trial fee for the first day of trial has not been paid shall be tried by the court without a jury, unless the court otherwise orders. If a case in which the jury trial fee for the first day of trial has not been paid is tried by a jury [by order of court], the clerk shall tax against the losing party [as costs and disbursements, to be collected for the benefit of the state,] the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and may be made part of the judgment in the case by the clerk without further notice to the debtor or further order of the court.

[(d) The trial fee provided for in subsection (2) of this section shall not be collected in any case in which a jury trial fee has been paid by either party and not refunded.]

(4) If a counterclaim, cross-claim or third party claim is tried on any day other than a day on which the claim of the plaintiff is tried, the clerk shall collect from the party asserting the counterclaim, cross-claim or third party claim the trial fee or jury trial fee, whichever is applicable, for that day, and shall not collect the applicable fee for that day from the plaintiff. If the party asserting a counterclaim, cross-claim or third party claim waives a trial by jury on the claim, and the party defending against the claim desires a trial by jury on the claim, the clerk shall collect the jury trial fee from the defending party and not from the asserting party.

(5) The fees provided for in this section include any reporting of the trial proceedings, but not the preparation of transcripts of a report.

(6) Except as otherwise provided in subsection (3)(c) of this section, the fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.

(7) A court shall order that a trial fee paid under the provisions of this section be refunded to the party that paid the fee if all claims in the action or proceeding are decided without the commencement of a trial and the party that paid the fee files a motion and affidavit requesting refund of the fee not more than 15 days after entry of judgment disposing of the action or proceeding.

(8)(a) In addition to the trial fee provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a surcharge on the trial fee of $21 for each full or partial day of the trial.

(b) In addition to the jury trial fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee of $53 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a surcharge on the jury trial fee of $30 for each full or partial day of the trial.

SECTION 20. The amendments to ORS 21.270 by section 19 of this 2003 Act apply only to actions or proceedings for which the trial is set on or after September 1, 2003.

SECTION 21. ORS 21.270, as amended by section 19 of this 2003 Act, is amended to read:

(2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of [$70] $77 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

(3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of [$175] $193 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of [$100] $110 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

(c) A case in which the jury trial fee for the first day of trial has not been paid shall be tried by the court without a jury, unless the court otherwise orders. If a case in which the jury trial fee for the first day of trial has not been paid is tried by a jury, the clerk shall tax against the losing party the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and may be made part of the judgment in the case by the clerk without further notice to the debtor or further order of the court.

(5) The fees provided for in this section include any reporting of the trial proceedings, but not the preparation of transcripts of a report.

[(8)(a) In addition to the trial fee provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a surcharge on the trial fee of $21 for each full or partial day of the trial.]

[(b) In addition to the jury trial fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee of $53 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a surcharge on the jury trial fee of $30 for each full or partial day of the trial.]

SECTION 22. The amendments to ORS 21.270 by section 21 of this 2003 Act become operative on July 1, 2005.

SECTION 23. ORS 21.275 is amended to read:

21.275. (1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, hearing fees for reported hearings shall be collected as provided in this section. There is no hearing fee under this section for a hearing not reported.

(2) As used in this section:

(a) “Hearing” means an actual appearance of one or more parties before the court for an examination by the court without a jury, other than a trial or during a trial for which a trial fee is required, of issues of fact or law arising from a motion, application, petition or other paper filed with the court by a moving party, but does not include a conference solely for the purpose of case settlement or case scheduling.

(b) “Moving party” means a party who files with the court a motion, application, petition or other paper referred to in paragraph (a) of this subsection.

(3) The clerk of the circuit court shall collect the hearing fees. The fee for a reported hearing is $30 if the hearing period is not more than three hours or $70 if the hearing period is more than three hours. The fee does not include the preparation of transcripts of a report.

(4) If a hearing in respect to the paper filed by the moving party is required by statute or rule, the paper shall indicate whether the moving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the moving party requests reporting, the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the paper is filed. If the moving party does not request reporting and a nonmoving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.

(5) If a hearing in respect to the paper filed by the moving party is not required by statute or rule, the paper shall indicate whether the moving party requests a hearing. The paper also shall indicate whether the moving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the moving party requests reporting, the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the paper is filed. If the moving party does not request reporting and a nonmoving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.

(6) If a hearing in respect to the paper filed by the moving party is not required by statute or rule or requested by the moving party and a nonmoving party files a request for hearing with the court, the request also shall indicate whether the nonmoving party requests that the hearing be reported, and if reporting is requested, shall contain an estimate of the hearing period. If the nonmoving party requests reporting the nonmoving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed. If the nonmoving party does not request reporting and the moving party files a request for reporting with the court, the request shall contain an estimate of the hearing period, and the moving party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed.

(7) If a hearing in respect to the paper filed by the moving party is not required by statute or rule or requested by a party, but the court on its own motion orders a hearing and a party files a request that the hearing be reported with the court, the request shall contain an estimate of the hearing period, and the party shall pay the applicable hearing fee, based upon the estimate of the hearing period, when the request is filed. If the court on its own motion orders a hearing, no party requests reporting and the court on its own motion orders that the hearing be reported, the court order shall contain an estimate of the hearing period, and each party shall pay an equal proportionate share of the applicable hearing fee, based upon the estimate of the hearing period, before the hearing is held.

(8) No paper containing a request for reporting or other request for reporting referred to in subsections (4) to (7) of this section shall be deemed filed unless the fee required by those subsections of the filing party is paid by the party.

(9) The fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.

(10) In addition to the hearing fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect a surcharge on the hearing fee of $9 if the hearing period is not more than three hours or $21 if the hearing period is more than three hours.

SECTION 24. ORS 21.275, as amended by section 23 of this 2003 Act, is amended to read:

(2) As used in this section:

(b) “Moving party” means a party who files with the court a motion, application, petition or other paper referred to in paragraph (a) of this subsection.

(3) The clerk of the circuit court shall collect the hearing fees. The fee for a reported hearing is [$30] $33 if the hearing period is not more than three hours or [$70] $77 if the hearing period is more than three hours. The fee does not include the preparation of transcripts of a report.

(9) The fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.

[(10) In addition to the hearing fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect a surcharge on the hearing fee of $9 if the hearing period is not more than three hours or $21 if the hearing period is more than three hours.]

SECTION 25. The amendments to ORS 21.275 by section 24 of this 2003 Act become operative on July 1, 2005.

SECTION 26. ORS 21.310 is amended to read:

21.310. (1) Except as provided in ORS 114.515, in a court having probate jurisdiction, the clerk of the court shall charge and collect the following fees for the filing of the initial papers in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:

______________________________________________________________________________

Where the amount of the estate is:

1. Not more than $10,000–a fee of $21.

2. More than $10,000 and not more than $25,000–a fee of $70.

3. More than $25,000 and not more than $50,000–a fee of $140.

4. More than $50,000 and not more than $100,000–a fee of $210.

5. More than $100,000 and not more than $500,000–a fee of $280.

6. More than $500,000 and not more than $1,000,000–a fee of $350.

7. More than $1,000,000–a fee of $420.

______________________________________________________________________________

(2) In determining fees under subsection (1) of this section in a probate proceeding, the amount of a settlement in a wrongful death action brought for the benefit of the decedent’s surviving spouse or dependents is not part of the estate.

(3) In a court having probate jurisdiction, the clerk shall charge and collect a fee of $21 for the filing of the initial papers in any guardianship proceeding.

(4) In a court having probate jurisdiction, the clerk shall charge and collect a fee of $7 at the time of filing a will without a petition for probate.

(5) At the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a fee of $17 to the clerk.

(6) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

(7) In any probate proceeding or protective proceeding under ORS chapter 125 in a court having probate jurisdiction, the clerk shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a trial or hearing fee of $35.

(8)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect the following surcharges for the filing of the initial papers in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:

____________________________________________________________________________

Where the amount of the estate is:

1. Not more than $10,000–$6.

2. More than $10,000 and not more than $25,000–$21.

3. More than $25,000 and not more than $50,000–$42.

4. More than $50,000 and not more than $100,000–$63.

5. More than $100,000 and not more than $500,000–$84.

6. More than $500,000 and not more than $1,000,000–$105.

7. More than $1,000,000–$126.

____________________________________________________________________________

(b) In addition to the fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall charge and collect a surcharge of $6 for the filing of the initial papers in any guardianship proceeding.

(c) In addition to the fee provided for in subsection (4) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall charge and collect a surcharge of $2 at the time of filing a will without a petition for probate.

(d) In addition to the fee provided for in subsection (5) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a surcharge of $5 to the clerk.

(e) In addition to the fee provided for in subsection (7) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge on the trial or hearing fee of $11.

SECTION 27. ORS 21.310, as amended by section 26 of this 2003 Act, is amended to read:

______________________________________________________________________________

Where the amount of the estate is:

1. Not more than $10,000–a fee of [$21] $23.

2. More than $10,000 and not more than $25,000–a fee of [$70] $77.

3. More than $25,000 and not more than $50,000–a fee of [$140] $154.

4. More than $50,000 and not more than $100,000–a fee of [$210] $231.

5. More than $100,000 and not more than $500,000–a fee of [$280] $308.

6. More than $500,000 and not more than $1,000,000–a fee of [$350] $385.

7. More than $1,000,000–a fee of [$420] $462.

______________________________________________________________________________

(3) In a court having probate jurisdiction, the clerk shall charge and collect a fee of [$21] $23 for the filing of the initial papers in any guardianship proceeding.

(4) In a court having probate jurisdiction, the clerk shall charge and collect a fee of [$7] $8 at the time of filing a will without a petition for probate.

(6) A paper or pleading shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court.

[(8)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect the following surcharges for the filing of the initial papers in any probate proceeding, including petitions for the appointment of personal representatives, probate of wills and contest of wills, or in any conservatorship proceeding:]

[____________________________________________________________________________]

Where the amount of the estate is:

1. Not more than $10,000–$6.

2. More than $10,000 and not more than $25,000–$21.

3. More than $25,000 and not more than $50,000–$42.

4. More than $50,000 and not more than $100,000–$63.

5. More than $100,000 and not more than $500,000–$84.

6. More than $500,000 and not more than $1,000,000–$105.

7. More than $1,000,000–$126.

[____________________________________________________________________________]

[(b) In addition to the fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and June 30, 2005, the clerk shall charge and collect a surcharge of $6 for the filing of the initial papers in any guardianship proceeding.]

[(c) In addition to the fee provided for in subsection (4) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall charge and collect a surcharge of $2 at the time of filing a will without a petition for probate.]

[(d) In addition to the fee provided for in subsection (5) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing any answer, motion or objection in a probate proceeding or protective proceeding under ORS chapter 125, the party filing the answer, motion or objection shall pay a surcharge of $5 to the clerk.]

[(e) In addition to the fee provided for in subsection (7) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk shall charge and collect in advance from the party having the affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law involved therein, a surcharge on the trial or hearing fee of $11.]

SECTION 28. The amendments to ORS 21.310 by section 27 of this 2003 Act become operative on July 1, 2005.

SECTION 29. ORS 21.325 is amended to read:

21.325. (1) In the circuit court there shall be charged and collected in advance by the clerk of the court the following fees for the following purposes and services:

[(1)] (a) Making transcription from judgment docket in the format provided in ORCP 70 A, $6.

[(2)] (b) Filing and docketing transcript of judgment in the format provided in ORCP 70 A, $6.

[(3)] (c) Filing and docketing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, $35.

[(4)] (d) Issuing writs of execution or writs of garnishment, $4 for each writ.

[(5)] (e) Preparing clerk’s certificate of satisfaction of judgment, $5.

[(6)] (f) Issuing an order under ORS 23.710 requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $4.

[(7)] (g) Issuing notices of restitution as provided in ORS 105.151, $3 for each notice.

[(8)] (h) For any service the clerk may be required or authorized to perform and for which no fee is provided by law, such fees as the Chief Justice of the Supreme Court may establish or authorize, except that a fee may not be charged for location or inspection of court records.

(2) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect the following surcharges on the following services:

(a) Making transcription from judgment docket in the format provided in ORCP 70 A, $2.

(b) Filing and docketing transcript of judgment in the format provided in ORCP 70 A, $2.

(c) Filing and docketing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, $11.

(d) Issuing writs of execution or writs of garnishment, $1 for each writ.

(e) Preparing clerk’s certificate of satisfaction of judgment, $2.

(f) Issuing an order under ORS 23.710 requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $1.

(g) Issuing notices of restitution as provided in ORS 105.151, $1 for each notice.

SECTION 30. ORS 21.325, as amended by section 29 of this 2003 Act, is amended to read:

21.325. [(1)] In the circuit court there shall be charged and collected in advance by the clerk of the court the following fees for the following purposes and services:

[(a)] (1) Making transcription from judgment docket in the format provided in ORCP 70 A, [$6] $7.

[(b)] (2) Filing and docketing transcript of judgment in the format provided in ORCP 70 A, [$6] $7.

[(c)] (3) Filing and docketing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, [$35] $39.

[(d)] (4) Issuing writs of execution or writs of garnishment, $4 for each writ.

[(e)] (5) Preparing clerk’s certificate of satisfaction of judgment, [$5] $6.

[(f)] (6) Issuing an order under ORS 23.710 requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $4.

[(g)] (7) Issuing notices of restitution as provided in ORS 105.151, $3 for each notice.

[(h)] (8) For any service the clerk may be required or authorized to perform and for which no fee is provided by law, such fees as the Chief Justice of the Supreme Court may establish or authorize, except that a fee may not be charged for location or inspection of court records.

[(2) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect the following surcharges on the following services:]

[(a) Making transcription from judgment docket in the format provided in ORCP 70 A, $2.]

[(b) Filing and docketing transcript of judgment in the format provided in ORCP 70 A, $2.]

[(c) Filing and docketing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, $11.]

[(d) Issuing writs of execution or writs of garnishment, $1 for each writ.]

[(e) Preparing clerk’s certificate of satisfaction of judgment, $2.]

[(f) Issuing an order under ORS 23.710 requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $1.]

[(g) Issuing notices of restitution as provided in ORS 105.151, $1 for each notice.]

SECTION 30a. If House Bill 2646 becomes law, section 177, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646) (amending ORS 21.325), is repealed and ORS 21.325, as amended by section 29 of this 2003 Act, is amended to read:

21.325. (1) In the circuit court there shall be charged and collected in advance by the clerk of the court the following fees for the following purposes and services:

[(a) Making transcription from judgment docket in the format provided in ORCP 70 A, $6.]

[(b) Filing and docketing transcript of judgment in the format provided in ORCP 70 A, $6.]

(a) Making transcription of a judgment entered in the register, $6.

(b) Filing and entering transcript of judgment, $6.

(c) Filing [and docketing] copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, $35.

(d) Issuing writs of execution or writs of garnishment, $4 for each writ.

(e) Preparing [clerk’s certificate of satisfaction of judgment] a certified copy of a satisfaction document under section 25 (5), chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646), $5.

(f) Issuing an order under [ORS 23.710] section 31, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646), requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $4.

(g) Issuing notices of restitution as provided in ORS 105.151, $3 for each notice.

(h) For any service the clerk may be required or authorized to perform and for which no fee is provided by law, such fees as the Chief Justice of the Supreme Court may establish or authorize, except that a fee may not be charged for location or inspection of court records.

(2) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall charge and collect the following surcharges on the following services:

(a) Making transcription [from judgment docket in the format provided in ORCP 70 A] of a judgment entered in the register, $2.

(b) Filing and [docketing] entering transcript of judgment [in the format provided in ORCP 70 A], $2.

(d) Issuing writs of execution or writs of garnishment, $1 for each writ.

(g) Issuing notices of restitution as provided in ORS 105.151, $1 for each notice.

SECTION 30b. The amendments to ORS 21.325 by section 30a of this 2003 Act become operative on January 1, 2004.

SECTION 30c. If House Bill 2646 becomes law, section 30 of this 2003 Act (amending ORS 21.325) is repealed and ORS 21.325, as amended by sections 29 and 30a of this 2003 Act, is amended to read:

21.325. [(1)] In the circuit court there shall be charged and collected in advance by the clerk of the court the following fees for the following purposes and services:

[(a)] (1) Making transcription of a judgment entered in the register, [$6] $7.

[(b)] (2) Filing and entering transcript of judgment, [$6] $7.

[(c)] (3) Filing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, [$35] $39.

[(d)] (4) Issuing writs of execution or writs of garnishment, $4 for each writ.

[(e)] (5) Preparing a certified copy of a satisfaction document under section 25 (5), chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646), [$5] $6.

[(f)] (6) Issuing an order under section 31, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646), requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $4.

[(g)] (7) Issuing notices of restitution as provided in ORS 105.151, $3 for each notice.

[(a) Making transcription of a judgment entered in the register, $2.]

[(b) Filing and entering transcript of judgment, $2.]

[(c) Filing copy of foreign judgment and affidavit filed as provided in ORS 24.115 and 24.125 or copy of child custody determination of another state filed as provided in ORS 109.787, $11.]

[(d) Issuing writs of execution or writs of garnishment, $1 for each writ.]

[(e) Preparing a certified copy of a satisfaction document under section 25 (5), chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646), $2.]

[(f) Issuing an order under section 31, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646), requiring a judgment debtor to appear when the order is issued by any court other than the court in which the original judgment was entered, $1.]

[(g) Issuing notices of restitution as provided in ORS 105.151, $1 for each notice.]

SECTION 31. The amendments to ORS 21.325 by section 30 of this 2003 Act become operative on July 1, 2005.

SECTION 31a. If House Bill 2646 becomes law, section 31 of this 2003 Act is amended to read:

Sec. 31. The amendments to ORS 21.325 by section [30] 30c of this 2003 Act become operative on July 1, 2005.

SECTION 32. ORS 34.340 is amended to read:

34.340. (1) The writ shall be allowed by the court or judge thereof upon the petition of the party for whose relief it is intended, or of some other person in behalf of the party, signed and verified by the oath of the plaintiff, to the effect that the plaintiff believes it to be true. The petition must be accompanied by a filing fee of $25.

(2) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall collect a surcharge of $8 upon the filing of a petition for a writ of habeas corpus.

SECTION 33. ORS 34.340, as amended by section 32 of this 2003 Act, is amended to read:

34.340. [(1)] The writ shall be allowed by the court or judge thereof upon the petition of the party for whose relief it is intended, or of some other person in behalf of the party, signed and verified by the oath of the plaintiff, to the effect that the plaintiff believes it to be true. The petition must be accompanied by a filing fee of [$25] $28.

[(2) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall collect a surcharge of $8 upon the filing of a petition for a writ of habeas corpus.]

SECTION 34. The amendments to ORS 34.340 by section 33 of this 2003 Act become operative on July 1, 2005.

SECTION 35. ORS 36.350 is amended to read:

36.350. (1) The award of the arbitrators, together with the written agreement to submit, shall be delivered to the clerk of the circuit court selected to render judgment on the award. After charging and collecting a fee of $35 therefor, the clerk shall enter the same of record in the office of the clerk. A copy of the award, signed by the arbitrators, or a majority of them, shall also be served upon or delivered to each of the parties interested in the award, and proof of such service or delivery shall be filed with the clerk. If no exceptions are filed against the same within 20 days after such service, judgment shall be entered as upon the verdict of a jury, and execution may issue thereon, and the same proceedings may be had upon the award with like effect as upon a verdict in a civil action.

(2) If the award of the arbitrators requires the payment of money, including but not limited to payment of costs or attorney fees, the award must be accompanied by a separate statement that contains the information required by ORCP 70 A(2)(a) for money judgments.

(3) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall charge and collect a surcharge of $11 upon the filing of an arbitrator’s award.

SECTION 36. ORS 36.350, as amended by section 35 of this 2003 Act, is amended to read:

36.350. (1) The award of the arbitrators, together with the written agreement to submit, shall be delivered to the clerk of the circuit court selected to render judgment on the award. After charging and collecting a fee of [$35] $39 therefor, the clerk shall enter the same of record in the office of the clerk. A copy of the award, signed by the arbitrators, or a majority of them, shall also be served upon or delivered to each of the parties interested in the award, and proof of such service or delivery shall be filed with the clerk. If no exceptions are filed against the same within 20 days after such service, judgment shall be entered as upon the verdict of a jury, and execution may issue thereon, and the same proceedings may be had upon the award with like effect as upon a verdict in a civil action.

[(3) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall charge and collect a surcharge of $11 upon the filing of an arbitrator’s award.]

SECTION 37. The amendments to ORS 36.350 by section 36 of this 2003 Act become operative on July 1, 2005.

SECTION 38. ORS 36.355 is amended to read:

36.355. (1) Within the period specified in ORS 36.350, the party against whom an award was made may file with the circuit court exceptions in writing to the award for any of the following causes:

(a) The award was procured by corruption, fraud or undue means.

(b) There was evident partiality or corruption on the part of the arbitrators, or any of them.

(c) The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party were prejudiced.

(d) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

(e) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award.

(f) The arbitrators awarded upon a matter not submitted to them, unless it was a matter not affecting the merits of the decision upon the matters submitted.

(g) The award was imperfect in matter of form not affecting the merits of the controversy.

(2) The clerk of the court shall collect from the party filing exceptions under subsection (1) of this section a filing fee of $35, and from a party filing an appearance in opposition to the exceptions a filing fee of $21. However, if the exceptions relate to an arbitration award made following abatement under ORS 36.315 of an action, suit or proceeding in respect to which the parties have paid filing fees under ORS 21.110, no filing fees shall be collected under this subsection. No exceptions or appearance in opposition thereto shall be deemed filed unless the fee required by this subsection is paid by the filing party.

(3) In addition to the fees provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall collect a surcharge of $11 from the party filing exceptions under subsection (1) of this section, and a surcharge of $6 from a party filing an appearance in opposition to the exceptions.

SECTION 39. ORS 36.355, as amended by section 38 of this 2003 Act, is amended to read:

36.355. (1) Within the period specified in ORS 36.350, the party against whom an award was made may file with the circuit court exceptions in writing to the award for any of the following causes:

(a) The award was procured by corruption, fraud or undue means.

(b) There was evident partiality or corruption on the part of the arbitrators, or any of them.

(d) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

(e) There was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award.

(f) The arbitrators awarded upon a matter not submitted to them, unless it was a matter not affecting the merits of the decision upon the matters submitted.

(g) The award was imperfect in matter of form not affecting the merits of the controversy.

(2) The clerk of the court shall collect from the party filing exceptions under subsection (1) of this section a filing fee of [$35] $39, and from a party filing an appearance in opposition to the exceptions a filing fee of [$21] $23. However, if the exceptions relate to an arbitration award made following abatement under ORS 36.315 of an action, suit or proceeding in respect to which the parties have paid filing fees under ORS 21.110, no filing fees shall be collected under this subsection. No exceptions or appearance in opposition thereto shall be deemed filed unless the fee required by this subsection is paid by the filing party.

[(3) In addition to the fees provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall collect a surcharge of $11 from the party filing exceptions under subsection (1) of this section, and a surcharge of $6 from a party filing an appearance in opposition to the exceptions.]

SECTION 40. The amendments to ORS 36.355 by section 39 of this 2003 Act become operative on July 1, 2005.

SECTION 40a. If House Bill 2279 becomes law, sections 36 (amending ORS 36.350), 37, 39 (amending ORS 36.355) and 40 of this 2003 Act are repealed and section 5, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), is amended to read:

Sec. 5. (1)(a) Except as otherwise provided in section 28, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279) [of this 2003 Act], an application for judicial relief under sections 1 to 30, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), [of this 2003 Act] must be made by petition to the court. Except as otherwise provided in this subsection, a person filing the first petition relating to an agreement to arbitrate or relating to an arbitration proceeding must pay the filing fee provided by ORS 21.110 (1) for plaintiffs, and persons responding to the petition must pay the filing fee provided by ORS 21.110 (1) for defendants. If subsequent petitions are filed relating to the same agreement to arbitrate or arbitration proceeding, no additional filing fees shall be required of the parties.

(b) If the first petition relating to an arbitration proceeding is a petition to seek confirmation, vacation, modification or correction of an award under section 22, 23 or 24, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279) [of this 2003 Act], the person filing the petition must pay a fee of $35, and a person filing an appearance in opposition to the petition must pay a filing fee of $21.

(c) If a civil action is pending relating to the same dispute that is the subject of the arbitration, and filing fees were paid for that action under ORS 21.110, filing fees may not be charged under this subsection for the filing of any petition under sections 1 to 30, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279) [of this 2003 Act].

(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under sections 1 to 30, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), [of this 2003 Act] must be served in the manner provided by ORCP 7 D. Otherwise, notice of the petition must be given in the manner provided by ORCP 9.

(3) In addition to the fees provided for in subsection (1)(b) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall collect a surcharge of $11 from the party filing a petition under subsection (1) of this section, and a surcharge of $6 from a party filing an appearance in opposition to the petition.

SECTION 40b. If House Bill 2279 becomes law, the amendments to section 5, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), by section 40a of this 2003 Act become operative on January 1, 2004.

SECTION 40c. If House Bill 2279 becomes law, section 5, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), as amended by section 40a of this 2003 Act, is amended to read:

Sec. 5. (1)(a) Except as otherwise provided in section 28, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), an application for judicial relief under sections 1 to 30, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), must be made by petition to the court. Except as otherwise provided in this subsection, a person filing the first petition relating to an agreement to arbitrate or relating to an arbitration proceeding must pay the filing fee provided by ORS 21.110 (1) for plaintiffs, and persons responding to the petition must pay the filing fee provided by ORS 21.110 (1) for defendants. If subsequent petitions are filed relating to the same agreement to arbitrate or arbitration proceeding, no additional filing fees shall be required of the parties.

(b) If the first petition relating to an arbitration proceeding is a petition to seek confirmation, vacation, modification or correction of an award under section 22, 23 or 24, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), the person filing the petition must pay a fee of [$35] $39, and a person filing an appearance in opposition to the petition must pay a filing fee of [$21] $23.

(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under sections 1 to 30, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), must be served in the manner provided by ORCP 7 D. Otherwise, notice of the petition must be given in the manner provided by ORCP 9.

[(3) In addition to the fees provided for in subsection (1)(b) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the court shall collect a surcharge of $11 from the party filing a petition under subsection (1) of this section, and a surcharge of $6 from a party filing an appearance in opposition to the petition.]

SECTION 40d. If House Bill 2279 becomes law, the amendments to section 5, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), by section 40c of this 2003 Act become operative on July 1, 2005.

SECTION 41. ORS 36.520 is amended to read:

36.520. (1) Recourse to a court against an arbitral award may only be by an application for setting aside in accordance with subsections (2) and (3) of this section.

(2) An arbitral award may be set aside by the circuit court only if:

(a) The party making application furnishes proof that:

(A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of the State of Oregon or the United States;

(B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;

(C) The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 to 36.558 from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 to 36.558; or

(b) The circuit court finds that:

(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or

(B) The award is in conflict with the public policy of the State of Oregon or of the United States.

(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under ORS 36.518, from the date on which that request had been disposed of by the arbitral tribunal.

(4) The circuit court, when asked to set aside an arbitral award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.

(5) The clerk of the circuit court shall collect from the party making application for setting aside under subsection (1) of this section a filing fee of $35 and from a party filing an appearance in opposition to the application a filing fee of $21. However, if the application relates to an arbitral award made following an application or request to a circuit court under any section of ORS 36.450 to 36.558 in respect to which the parties have paid filing fees under ORS 21.110, filing fees shall not be collected under this subsection. An application for setting aside or an appearance in opposition thereto shall not be deemed filed unless the fee required by this subsection is paid by the filing party.

(6) In addition to the fees provided for in subsection (5) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the party making application for setting aside under subsection (1) of this section a surcharge of $11 and from a party filing an appearance in opposition to the application a surcharge of $6.

SECTION 42. ORS 36.520, as amended by section 41 of this 2003 Act, is amended to read:

36.520. (1) Recourse to a court against an arbitral award may only be by an application for setting aside in accordance with subsections (2) and (3) of this section.

(2) An arbitral award may be set aside by the circuit court only if:

(a) The party making application furnishes proof that:

(B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;

(b) The circuit court finds that:

(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or

(B) The award is in conflict with the public policy of the State of Oregon or of the United States.

(5) The clerk of the circuit court shall collect from the party making application for setting aside under subsection (1) of this section a filing fee of [$35] $39 and from a party filing an appearance in opposition to the application a filing fee of [$21] $23. However, if the application relates to an arbitral award made following an application or request to a circuit court under any section of ORS 36.450 to 36.558 in respect to which the parties have paid filing fees under ORS 21.110, filing fees shall not be collected under this subsection. An application for setting aside or an appearance in opposition thereto shall not be deemed filed unless the fee required by this subsection is paid by the filing party.

[(6) In addition to the fees provided for in subsection (5) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the circuit court shall collect from the party making application for setting aside under subsection (1) of this section a surcharge of $11 and from a party filing an appearance in opposition to the application a surcharge of $6.]

SECTION 43. The amendments to ORS 36.520 by section 42 of this 2003 Act become operative on July 1, 2005.

SECTION 44. ORS 46.570 is amended to read:

46.570. (1) In the small claims department of circuit court there shall be charged and collected in civil cases by the clerk of the court the following fees for the following purposes and services:

(a) Plaintiff filing a claim, $24 when the amount or value claimed does not exceed $1,500, and $50 when the amount or value claimed exceeds $1,500; and defendant demanding a hearing, $17 when the amount or value claimed by plaintiff does not exceed $1,500, and $37 when the amount or value claimed by plaintiff exceeds $1,500.

(b) Transcript of judgment in the format provided in ORCP 70 A from small claims department, $6.

(2) Except as otherwise provided in subsection (1) of this section, fees provided for in this section shall be collected in advance. A paper or pleading shall be filed by the clerk only if the required fee is paid or if a request for a fee waiver or deferral is granted by the court. Fees provided for in this section may not be refunded.

(3) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in the small claims department of a circuit court the clerk of the court shall charge and collect the following surcharges:

(a) Plaintiff filing a claim, $7 when the amount or value claimed does not exceed $1,500, and $15 when the amount or value claimed exceeds $1,500; and defendant demanding a hearing, $5 when the amount or value claimed by plaintiff does not exceed $1,500, and $11 when the amount or value claimed by plaintiff exceeds $1,500.

(b) Transcript of judgment in the format provided in ORCP 70 A from small claims department, $2.

(c) Transfer of cause to circuit court on counterclaim, $3.

SECTION 45. ORS 46.570, as amended by section 44 of this 2003 Act, is amended to read:

46.570. (1) In the small claims department of circuit court there shall be charged and collected in civil cases by the clerk of the court the following fees for the following purposes and services:

(a) Plaintiff filing a claim, [$24] $26 when the amount or value claimed does not exceed $1,500, and [$50] $55 when the amount or value claimed exceeds $1,500; and defendant demanding a hearing, [$17] $19 when the amount or value claimed by plaintiff does not exceed $1,500, and [$37] $41 when the amount or value claimed by plaintiff exceeds $1,500.

(b) Transcript of judgment in the format provided in ORCP 70 A from small claims department, [$6] $7.

(2) Except as otherwise provided in subsection (1) of this section, fees provided for in this section shall be collected in advance. A paper or pleading shall be filed by the clerk only if the required fee is paid or if a request for a fee waiver or deferral is granted by the court. Fees provided for in this section may not be refunded.

[(3) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in the small claims department of a circuit court the clerk of the court shall charge and collect the following surcharges:]

[(a) Plaintiff filing a claim, $7 when the amount or value claimed does not exceed $1,500, and $15 when the amount or value claimed exceeds $1,500; and defendant demanding a hearing, $5 when the amount or value claimed by plaintiff does not exceed $1,500, and $11 when the amount or value claimed by plaintiff exceeds $1,500.]

[(b) Transcript of judgment in the format provided in ORCP 70 A from small claims department, $2.]

[(c) Transfer of cause to circuit court on counterclaim, $3.]

SECTION 45a. If House Bill 2646 becomes law, section 171, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646) (amending ORS 46.570), is repealed and ORS 46.570, as amended by section 44 of this 2003 Act, is amended to read:

46.570. (1) In the small claims department of circuit court there shall be charged and collected in civil cases by the clerk of the court the following fees for the following purposes and services:

[(b) Transcript of judgment in the format provided in ORCP 70 A from small claims department, $6.]

(b) Transcription of judgment from small claims department, $6.

(3) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, in the small claims department of a circuit court the clerk of the court shall charge and collect the following surcharges:

(b) [Transcript] Transcription of judgment [in the format provided in ORCP 70 A] from small claims department, $2.

SECTION 45b. The amendments to ORS 46.570 by section 45a of this 2003 Act become operative on January 1, 2004.

SECTION 45c. If House Bill 2646 becomes law, section 45 of this 2003 Act (amending ORS 46.570) is repealed and ORS 46.570, as amended by sections 44 and 45a of this 2003 Act, is amended to read:

46.570. (1) In the small claims department of circuit court there shall be charged and collected in civil cases by the clerk of the court the following fees for the following purposes and services:

(b) Transcription of judgment from small claims department, [$6] $7.

[(b) Transcription of judgment from small claims department, $2.]

[(c) Transfer of cause to circuit court on counterclaim, $3.]

SECTION 46. The amendments to ORS 46.570 by section 45 of this 2003 Act become operative on July 1, 2005.

SECTION 46a. If House Bill 2646 becomes law, section 46 of this 2003 Act is amended to read:

Sec. 46. The amendments to ORS 46.570 by section [45] 45c of this 2003 Act become operative on July 1, 2005.

SECTION 47. ORS 105.130 is amended to read:

105.130. (1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $12;[:]

[(A) $14.50 for any complaint filed on or after October 4, 1997, and before July 1, 2001; and]

[(B) $12 for any complaint filed on or after July 1, 2001;]

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons and complaint for service.

(3) After a complaint is filed under subsection (2) of this section, if the defendant demands a trial, the plaintiff shall pay an additional filing fee of $26 and the defendant shall pay a filing fee of $26.[:]

[(a) $28.50 for any complaint filed on or after October 4, 1997, and before July 1, 2001; and]

[(b) $26 for any complaint filed on or after July 1, 2001.]

(4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff.

(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if:

(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.

(6) In addition to the fees charged under subsection (2) of this section, the clerk shall collect a surcharge from the plaintiff at the time a complaint is filed that is subject to the filing fees established by subsection (2) of this section and from a defendant at the time a defendant demands a trial in the action. The surcharge shall be deposited by the State Court Administrator into the State Treasury to the credit of the Housing and Community Services Department Low Income Rental Housing Fund established by ORS 458.350. The amount of the surcharge shall be $10.[:]

[(a) $7.50 for any complaint filed on or after October 4, 1997, and before July 1, 2001; and]

[(b) $10 for any complaint filed on or after July 1, 2001.]

(7) Fees and surcharges provided for in this section may not be refunded.

(8)(a) In addition to the fees provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall collect a surcharge of $4.

(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, if the defendant demands a trial after a complaint is filed under subsection (2) of this section, the plaintiff shall pay a surcharge of $8 and the defendant shall pay a surcharge of $8.

SECTION 48. ORS 105.130, as amended by section 47 of this 2003 Act, is amended to read:

(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of [$12] $13;

(b) Collect any other fee authorized by law or ordinance; and

(3) After a complaint is filed under subsection (2) of this section, if the defendant demands a trial, the plaintiff shall pay an additional filing fee of [$26] $29 and the defendant shall pay a filing fee of [$26] $29.

(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an action brought pursuant to ORS 105.110 through an officer or employee of the agency if:

(a) The Attorney General consents to the representation of the agency by an officer or employee in the particular action or in the class of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the particular type of action being conducted.

(7) Fees and surcharges provided for in this section may not be refunded.

[(8)(a) In addition to the fees provided for in subsection (2) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall collect a surcharge of $4.]

[(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, if the defendant demands a trial after a complaint is filed under subsection (2) of this section, the plaintiff shall pay a surcharge of $8 and the defendant shall pay a surcharge of $8.]

SECTION 49. The amendments to ORS 105.130 by section 48 of this 2003 Act become operative on July 1, 2005.

SECTION 50. ORS 107.434 is amended to read:

107.434. (1) The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall charge a filing fee of $45, subject to ORS 21.605. The court shall provide forms for:

(a) A motion filed by either party alleging a violation of parenting time or substantial violations of the parenting plan. When a person files this form, the person must include a copy of the order establishing the parenting time.

(b) An order requiring the parties to appear and show cause why parenting time should not be enforced in a specified manner. The party filing the motion shall serve a copy of the motion and the order on the other party. The order must include:

(A) A notice of the remedies imposable under subsection (2) of this section and the availability of a waiver of any mediation requirement; and

(B) A notice in substantially the following form:

______________________________________________________________________________

When pleaded and shown in a separate legal action, violation of court orders, including visitation and parenting time orders, may also result in a finding of contempt, which can lead to fines, imprisonment or other penalties, including compulsory community service.

______________________________________________________________________________

(c) A motion, affidavit and order that may be filed by either party and providing for waiver of any mediation requirement on a showing of good cause.

(2) In addition to any other remedy the court may impose to enforce the provisions of a judgment relating to the parenting plan, the court may:

(a) Modify the provisions relating to the parenting plan by:

(A) Specifying a detailed parenting time schedule;

(B) Imposing additional terms and conditions on the existing parenting time schedule; or

(C) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;

(b) Order the party who is violating the parenting plan provisions to post bond or security;

(c) Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;

(d) Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in enforcing the party’s parenting plan;

(e) Terminate, suspend or modify spousal support;

(f) Terminate, suspend or modify child support as provided in ORS 107.431; or

(g) Schedule a hearing for modification of custody as provided in ORS 107.135 (10).

(3) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall charge a surcharge of $14 upon the filing of a motion seeking enforcement of a parenting time order.

SECTION 51. ORS 107.434, as amended by section 50 of this 2003 Act, is amended to read:

107.434. (1) The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall charge a filing fee of [$45] $50, subject to ORS 21.605. The court shall provide forms for:

(A) A notice of the remedies imposable under subsection (2) of this section and the availability of a waiver of any mediation requirement; and

(B) A notice in substantially the following form:

______________________________________________________________________________

(c) A motion, affidavit and order that may be filed by either party and providing for waiver of any mediation requirement on a showing of good cause.

(2) In addition to any other remedy the court may impose to enforce the provisions of a judgment relating to the parenting plan, the court may:

(a) Modify the provisions relating to the parenting plan by:

(A) Specifying a detailed parenting time schedule;

(B) Imposing additional terms and conditions on the existing parenting time schedule; or

(C) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time;

(b) Order the party who is violating the parenting plan provisions to post bond or security;

(c) Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children;

(d) Award the prevailing party expenses, including, but not limited to, attorney fees, filing fees and court costs, incurred in enforcing the party’s parenting plan;

(e) Terminate, suspend or modify spousal support;

(f) Terminate, suspend or modify child support as provided in ORS 107.431; or

(g) Schedule a hearing for modification of custody as provided in ORS 107.135 (10).

[(3) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall charge a surcharge of $14 upon the filing of a motion seeking enforcement of a parenting time order.]

SECTION 52. The amendments to ORS 107.434 by section 51 of this 2003 Act become operative on July 1, 2005.

SECTION 53. ORS 108.130 is amended to read:

108.130. (1) At the time of filing the petition for an order of support, the petitioner shall pay to the clerk of the court a fee of $5, which shall cover all charges incident to the filing of papers necessary to a complete determination of the matter and no part of which shall be applied toward the library fund of the county. Payment of the fee is subject to the provisions of ORS 21.605 applicable to waiver, deferral and payment of fees.

(2) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing the petition for an order of support, the petitioner shall pay to the clerk of the court a surcharge of $2.

SECTION 54. ORS 108.130, as amended by section 53 of this 2003 Act, is amended to read:

108.130. [(1)] At the time of filing the petition for an order of support, the petitioner shall pay to the clerk of the court a fee of [$5] $6, which shall cover all charges incident to the filing of papers necessary to a complete determination of the matter and no part of which shall be applied toward the library fund of the county. Payment of the fee is subject to the provisions of ORS 21.605 applicable to waiver, deferral and payment of fees.

[(2) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, at the time of filing the petition for an order of support, the petitioner shall pay to the clerk of the court a surcharge of $2.]

SECTION 55. The amendments to ORS 108.130 by section 54 of this 2003 Act become operative on July 1, 2005.

SECTION 56. ORS 112.820 is amended to read:

112.820. (1) An attorney authorized to destroy a will under ORS 112.815 may proceed as follows:

(a) The attorney shall first publish a notice in a newspaper of general circulation in the county of the last-known address of the testator, if any, otherwise in the county of the principal place of business of the attorney. The notice shall state the name of the testator, the date of the will and the intent of the attorney to destroy the will if the testator does not contact the attorney within 90 days after the date of the notice.

(b) If the testator fails to contact the attorney within 90 days after the date of the notice, the attorney may destroy the will.

(c) Within 30 days after destruction of the will, the attorney shall file with the probate court in the county where the notice was published an affidavit stating the name of the testator, the name and relationship of each person named in the will whom the testator identified as related to the testator by blood, adoption or marriage, the date of the will, proof of the publication and the date of destruction.

(d) The clerk of the probate court shall charge and collect a fee of $15 for filing of the affidavit.

(2) If a will has not been admitted to probate within 40 years following the death of the testator, an attorney having custody of the will may destroy the will without notice to any person or court.

(3) In addition to the fee provided for in subsection (1)(d) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the probate court shall charge and collect a surcharge of $5 for filing of an affidavit under subsection (1) of this section.

SECTION 57. ORS 112.820, as amended by section 56 of this 2003 Act, is amended to read:

112.820. (1) An attorney authorized to destroy a will under ORS 112.815 may proceed as follows:

(b) If the testator fails to contact the attorney within 90 days after the date of the notice, the attorney may destroy the will.

(d) The clerk of the probate court shall charge and collect a fee of [$15] $17 for filing of the affidavit.

(2) If a will has not been admitted to probate within 40 years following the death of the testator, an attorney having custody of the will may destroy the will without notice to any person or court.

[(3) In addition to the fee provided for in subsection (1)(d) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the probate court shall charge and collect a surcharge of $5 for filing of an affidavit under subsection (1) of this section.]

SECTION 58. The amendments to ORS 112.820 by section 57 of this 2003 Act become operative on July 1, 2005.

SECTION 59. ORS 114.515 is amended to read:

114.515. (1) If the estate of a decedent meets the requirements of subsection (2) of this section, any of the following persons may file an affidavit with the clerk of the probate court in any county where there is venue for a proceeding seeking the appointment of a personal representative for the estate:

(a) One or more of the claiming successors of the decedent.

(b) If the decedent died testate, any person named as personal representative in the decedent’s will.

(2) An affidavit under this section may be filed only if:

(a) The fair market value of the estate is $140,000 or less;

(b) Not more than $50,000 of the fair market value of the estate is attributable to personal property; and

(3) An affidavit under this section may not be filed until 30 days after the death of the decedent. An affidavit filed under the provisions of this section must contain the information required in ORS 114.525 and shall be made a part of the probate records. In determining fair market value under this section, the fair market value of the entire interest in the property included in the estate shall be used without reduction for liens or other debts.

(4) The clerk of the probate court shall charge and collect a fee of $21 for the filing of the affidavit.

(5) An affidavit filed under this section may be amended by a new affidavit containing the information required in ORS 114.525 filed by one or more of the claiming successors within four months after the filing of the prior affidavit.

(6) In addition to the fee provided for in subsection (4) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the probate court shall charge and collect a surcharge of $6 upon the filing of an affidavit under this section.

SECTION 60. ORS 114.515, as amended by section 59 of this 2003 Act, is amended to read:

(a) One or more of the claiming successors of the decedent.

(b) If the decedent died testate, any person named as personal representative in the decedent’s will.

(2) An affidavit under this section may be filed only if:

(a) The fair market value of the estate is $140,000 or less;

(b) Not more than $50,000 of the fair market value of the estate is attributable to personal property; and

(4) The clerk of the probate court shall charge and collect a fee of [$21] $23 for the filing of the affidavit.

[(6) In addition to the fee provided for in subsection (4) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the clerk of the probate court shall charge and collect a surcharge of $6 upon the filing of an affidavit under this section.]

SECTION 61. The amendments to ORS 114.515 by section 60 of this 2003 Act become operative on July 1, 2005.

SECTION 62. ORS 135.921 is amended to read:

135.921. (1) The filing fee paid by a defendant at the time of filing a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 shall be $212 and shall be ordered paid as follows if the petition is allowed:

(a) $112 to the Department of Revenue for deposit in the Criminal Fine and Assessment Account; and

(b) $100 to be distributed as provided for the disposition of costs under ORS 153.630.

(2) If less than the $212 filing fee is paid to the court by the defendant under subsection (1) of this section, the money actually received shall be allocated in the amounts provided first to the State Treasurer and the remainder as provided for the disposition of costs under ORS 153.630.

(3) In addition to the filing fee under subsection (1) of this section, the court shall order the defendant to pay $90 directly to the agency or organization providing the diagnostic assessment.

(4) The Chief Justice of the Oregon Supreme Court may require that any or all fees distributed by circuit courts under this section be distributed through the offices of the State Court Administrator.

(5) In addition to the filing fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, if a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 is allowed the defendant shall pay a surcharge of $64.

SECTION 63. ORS 135.921, as amended by section 62 of this 2003 Act, is amended to read:

135.921. (1) The filing fee paid by a defendant at the time of filing a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 shall be [$212] $233 and shall be ordered paid as follows if the petition is allowed:

(a) [$112] $123 to the Department of Revenue for deposit in the Criminal Fine and Assessment Account; and

(b) [$100] $110 to be distributed as provided for the disposition of costs under ORS 153.630.

(2) If less than the [$212] $233 filing fee is paid to the court by the defendant under subsection (1) of this section, the money actually received shall be allocated in the amounts provided first to the State Treasurer and the remainder as provided for the disposition of costs under ORS 153.630.

(3) In addition to the filing fee under subsection (1) of this section, the court shall order the defendant to pay $90 directly to the agency or organization providing the diagnostic assessment.

[(5) In addition to the filing fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, if a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 is allowed the defendant shall pay a surcharge of $64.]

SECTION 64. The amendments to ORS 135.921 by section 63 of this 2003 Act become operative on July 1, 2005.

SECTION 65. ORS 138.560 is amended to read:

138.560. (1) A proceeding for post-conviction relief pursuant to ORS 138.510 to 138.680 shall be commenced by filing a petition and two copies thereof with the clerk of the circuit court for the county in which the petitioner is imprisoned or, if the petitioner is not imprisoned, with the clerk of the circuit court for the county in which the petitioner’s conviction and sentence was rendered. Except as otherwise provided in ORS 138.590, the petitioner shall pay a $25 filing fee at the time of filing a petition under this section. If the petitioner prevails, the petitioner shall recover the fee pursuant to the Oregon Rules of Civil Procedure. The clerk of the court in which the petition is filed shall enter and file the petition and bring it promptly to the attention of such court. A copy of the petition need not be served by petitioner on the defendant, but, in lieu thereof, the clerk of the court in which the petition is filed shall immediately forward a copy of the petition to the Attorney General or other attorney for the defendant named in ORS 138.570.

(2) For the purposes of ORS 138.510 to 138.680, a person released on parole or conditional pardon shall be deemed to be imprisoned in the institution from which the person is so released.

(3) Except when petitioner’s conviction was for a misdemeanor, the release of the petitioner from imprisonment during the pendency of proceedings instituted pursuant to ORS 138.510 to 138.680 shall not cause the proceedings to become moot. Such release of petitioner shall not change the venue of the proceedings out of the circuit court in which they were commenced and shall not affect the power of such court to transfer the proceedings as provided in subsection (4) of this section.

(4) Whenever petitioner is imprisoned in a Department of Corrections institution and the circuit court for the county in which the petitioner is imprisoned finds that the hearing upon the petition can be more expeditiously conducted in the county in which the petitioner was convicted and sentenced, the circuit court upon its own motion or the motion of a party may order the petitioner’s case to be transferred to the circuit court for the county in which petitioner’s conviction and sentence were rendered. Such an order shall not be reviewable by any court of this state.

(5) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, a petitioner shall pay a surcharge of $8 at the time of filing a petition under this section.

SECTION 66. ORS 138.560, as amended by section 65 of this 2003 Act, is amended to read:

138.560. (1) A proceeding for post-conviction relief pursuant to ORS 138.510 to 138.680 shall be commenced by filing a petition and two copies thereof with the clerk of the circuit court for the county in which the petitioner is imprisoned or, if the petitioner is not imprisoned, with the clerk of the circuit court for the county in which the petitioner’s conviction and sentence was rendered. Except as otherwise provided in ORS 138.590, the petitioner shall pay a [$25] $28 filing fee at the time of filing a petition under this section. If the petitioner prevails, the petitioner shall recover the fee pursuant to the Oregon Rules of Civil Procedure. The clerk of the court in which the petition is filed shall enter and file the petition and bring it promptly to the attention of such court. A copy of the petition need not be served by petitioner on the defendant, but, in lieu thereof, the clerk of the court in which the petition is filed shall immediately forward a copy of the petition to the Attorney General or other attorney for the defendant named in ORS 138.570.

(2) For the purposes of ORS 138.510 to 138.680, a person released on parole or conditional pardon shall be deemed to be imprisoned in the institution from which the person is so released.

[(5) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, a petitioner shall pay a surcharge of $8 at the time of filing a petition under this section.]

SECTION 67. The amendments to ORS 138.560 by section 66 of this 2003 Act become operative on July 1, 2005.

SECTION 68. ORS 419B.555 is amended to read:

419B.555. (1) The juvenile court shall conduct a preliminary hearing on the minor’s application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody decree, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.

(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.

(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.

(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the decree of emancipation.

(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.

(6) A uniform filing fee of $70 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.

(7) In addition to the fee provided for in subsection (6) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall charge and collect a surcharge of $21 for each application for emancipation.

SECTION 69. ORS 419B.555, as amended by section 68 of this 2003 Act, is amended to read:

(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.

(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.

(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.

(6) A uniform filing fee of [$70] $77 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.

[(7) In addition to the fee provided for in subsection (6) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall charge and collect a surcharge of $21 for each application for emancipation.]

SECTION 70. The amendments to ORS 419B.555 by section 69 of this 2003 Act become operative on July 1, 2005.

SECTION 71. ORS 813.240 is amended to read:

813.240. (1) The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 shall be $237 and shall be ordered paid as follows if the petition is allowed:

(a) $112 to be credited and distributed under ORS 137.295 as an obligation payable to the state;

(b) $100 to be treated as provided for disposition of fines and costs under ORS 153.630; and

(c) $25 to be paid to the Director of Human Services for deposit in the Intoxicated Driver Program Fund created under ORS 813.270, to be used for purposes of the fund.

(2) In addition to the filing fee under subsection (1) of this section, the court shall order the defendant to pay $90 directly to the agency or organization providing the diagnostic assessment.

(3) In addition to the filing fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall collect a surcharge of $71 upon the filing of a petition for a driving while under the influence of intoxicants diversion agreement that is allowed.

SECTION 72. ORS 813.240, as amended by section 71 of this 2003 Act, is amended to read:

813.240. (1) The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 shall be [$237] $261 and shall be ordered paid as follows if the petition is allowed:

(a) [$112] $136 to be credited and distributed under ORS 137.295 as an obligation payable to the state;

(b) $100 to be treated as provided for disposition of fines and costs under ORS 153.630; and

(c) $25 to be paid to the Director of Human Services for deposit in the Intoxicated Driver Program Fund created under ORS 813.270, to be used for purposes of the fund.

(2) In addition to the filing fee under subsection (1) of this section, the court shall order the defendant to pay $90 directly to the agency or organization providing the diagnostic assessment.

[(3) In addition to the filing fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall collect a surcharge of $71 upon the filing of a petition for a driving while under the influence of intoxicants diversion agreement that is allowed.]

SECTION 73. The amendments to ORS 813.240 by section 72 of this 2003 Act become operative on July 1, 2005.

SECTION 74. ORS 24.190 is amended to read:

24.190. (1) For the purposes of this section:

(a) “Foreign restraining order” means a restraining order that is a foreign judgment as defined by ORS 24.105.

(b)(A) “Restraining order” means an injunction or other order issued for the purpose of preventing:

(i) Violent or threatening acts or harassment against another person;

(ii) Contact or communication with another person; or

(iii) Physical proximity to another person.

(B) “Restraining order” includes temporary and final orders, other than support or child custody orders, issued by a civil or criminal court regardless of whether the order was obtained by filing an independent action or as a pendente lite order in another proceeding. However, for a civil order to be considered a restraining order, the civil order must have been issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, immediately upon the arrival in this state of a person protected by a foreign restraining order, the foreign restraining order is enforceable as an Oregon order without the necessity of filing and continues to be enforceable as an Oregon order without any further action by the protected person.

(b) A foreign restraining order is not enforceable as an Oregon order if:

(A) The person restrained by the order shows that:

(i) The court that issued the order lacked jurisdiction over the subject matter or lacked personal jurisdiction over the person restrained by the order; or

(ii) The person restrained by the order was not given reasonable notice and an opportunity to be heard under the law of the jurisdiction in which the order was issued; or

(B) The foreign restraining order was issued against a person who had petitioned for a restraining order unless:

(i) The person protected by the foreign restraining order filed a separate petition seeking the restraining order; and

(ii) The court issuing the foreign restraining order made specific findings that the person was entitled to the order.

(3)(a) A person protected by a foreign restraining order may present a true copy of the order to a county sheriff for entry into the Law Enforcement Data System maintained by the Department of State Police. Subject to paragraph (b) of this subsection, the county sheriff shall enter the order into the Law Enforcement Data System if the person certifies that the order is the most recent order in effect between the parties and provides proof of service or other written certification that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the restraining order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable as an Oregon order in any county or tribal land in this state.

(b) The Department of State Police shall specify information that is required for a foreign restraining order to be entered into the Law Enforcement Data System.

(c) At the time a county sheriff enters an order into the Law Enforcement Data System under paragraph (a) of this subsection, the sheriff shall also enter the order into the databases of the National Crime Information Center of the United States Department of Justice.

(4) Pending a contempt hearing for alleged violation of a foreign restraining order, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Unless the order provides otherwise, the security amount for release is $5,000.

(5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and 24.155 do not apply to a foreign restraining order.

(6) A person protected by a foreign restraining order may file a certified copy of the order and proof of service in the office of the clerk of any circuit court of any county of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner. The filing fee provided for in ORS 21.325 [(3)] (1)(c) shall not apply to a filing under this section.

SECTION 75. ORS 24.190, as amended by section 74 of this 2003 Act, is amended to read:

24.190. (1) For the purposes of this section:

(a) “Foreign restraining order” means a restraining order that is a foreign judgment as defined by ORS 24.105.

(b)(A) “Restraining order” means an injunction or other order issued for the purpose of preventing:

(i) Violent or threatening acts or harassment against another person;

(ii) Contact or communication with another person; or

(iii) Physical proximity to another person.

(b) A foreign restraining order is not enforceable as an Oregon order if:

(A) The person restrained by the order shows that:

(i) The court that issued the order lacked jurisdiction over the subject matter or lacked personal jurisdiction over the person restrained by the order; or

(ii) The person restrained by the order was not given reasonable notice and an opportunity to be heard under the law of the jurisdiction in which the order was issued; or

(B) The foreign restraining order was issued against a person who had petitioned for a restraining order unless:

(i) The person protected by the foreign restraining order filed a separate petition seeking the restraining order; and

(ii) The court issuing the foreign restraining order made specific findings that the person was entitled to the order.

(b) The Department of State Police shall specify information that is required for a foreign restraining order to be entered into the Law Enforcement Data System.

(5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and 24.155 do not apply to a foreign restraining order.

(6) A person protected by a foreign restraining order may file a certified copy of the order and proof of service in the office of the clerk of any circuit court of any county of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner. The filing fee provided for in ORS 21.325 [(1)(c)] (3) shall not apply to a filing under this section.

SECTION 76. The amendments to ORS 24.190 by section 75 of this 2003 Act become operative on July 1, 2005.

SECTION 77. ORS 46.488 is amended to read:

46.488. (1) A judgment entered in the small claims department of a circuit court may be docketed in the docket of the circuit court only as provided in subsection (2) of this section if the judgment is in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements. A judgment entered in the small claims department in an amount of $3,000 or more shall be docketed in the docket of the circuit court in the same manner as other judgments in circuit court, and shall become a lien upon all real property of the judgment debtor in the manner described by ORS 18.350.

(2) When a judgment is entered in the small claims department in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements, the judgment creditor may at any time before expiration of the judgment under ORS 18.360 cause the judgment to be docketed by paying to the clerk of the court that entered the judgment the fees established by ORS 21.325 [(1) and (2)] (1)(a) and (b) and requesting the filing and docketing of the certified transcript of judgment. Upon receipt of the fees and request for docketing, the clerk shall docket the judgment in the judgment docket of the circuit court. Upon docketing, the judgment shall become a lien on real property of the judgment debtor in the county in which the judgment is docketed. In any other county, the judgment may become a lien on real property of the judgment debtor in the county if a certified copy of the judgment, or a lien record abstract for the docketed judgment in the form prescribed by ORS 18.325, is recorded in the County Clerk Lien Record. The judgment becomes a lien on real property of the judgment debtor in the other county on the date that the copy of the judgment or lien record abstract is so recorded.

SECTION 78. ORS 46.488, as amended by section 77 of this 2003 Act, is amended to read:

(2) When a judgment is entered in the small claims department in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements, the judgment creditor may at any time before expiration of the judgment under ORS 18.360 cause the judgment to be docketed by paying to the clerk of the court that entered the judgment the fees established by ORS 21.325 [(1)(a) and (b)] (1) and (2) and requesting the filing and docketing of the certified transcript of judgment. Upon receipt of the fees and request for docketing, the clerk shall docket the judgment in the judgment docket of the circuit court. Upon docketing, the judgment shall become a lien on real property of the judgment debtor in the county in which the judgment is docketed. In any other county, the judgment may become a lien on real property of the judgment debtor in the county if a certified copy of the judgment, or a lien record abstract for the docketed judgment in the form prescribed by ORS 18.325, is recorded in the County Clerk Lien Record. The judgment becomes a lien on real property of the judgment debtor in the other county on the date that the copy of the judgment or lien record abstract is so recorded.

SECTION 79. The amendments to ORS 46.488 by section 78 of this 2003 Act become operative on July 1, 2005.

SECTION 80. ORS 52.635 is amended to read:

52.635. (1) After a judgment is docketed in a justice court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record for the county that contains the justice court that rendered the judgment. The certified copy or lien record abstract may be recorded by the judgment creditor or by the agent of the judgment creditor at any time after the judgment is rendered and before the judgment expires under ORS 18.365 or is fully satisfied. From the time the certified copy of the judgment or the lien record abstract is recorded in the County Clerk Lien Record, the judgment is a lien upon the real property of the defendant in the county.

(2) In lieu of recording a certified copy of a judgment or a lien record abstract for a judgment under subsection (1) of this section, a judgment rendered by a justice court in a civil action may be transcribed to the circuit court for the county that contains the justice court that rendered the judgment. The judgment may be transcribed by the filing of a certified transcript of the judgment with the clerk of the circuit court. The transcript must contain a copy of all the docket entries made in the case and the judgment as rendered by the justice, certified to be a true and correct transcript from the original entries by the justice court. Upon filing of the certified transcript, the clerk shall docket the transcribed judgment in the judgment docket of the circuit court. From the time the judgment is docketed in the circuit court, the judgment shall be a lien upon the real property of the defendant in that county. A judgment in a criminal action may not be transcribed to circuit court under the provisions of this subsection.

(3) A certified copy of a judgment docketed in a justice court, or a lien record abstract for the judgment, may be recorded in any County Clerk Lien Record. The judgment or lien record abstract may be recorded in a county other than the county that contains the justice court that rendered the judgment without transcribing the justice court judgment to the circuit court for the county that contains the justice court that rendered the judgment, or recording a certified copy of the judgment or a lien record abstract for the judgment in the County Clerk Lien Record for the county that contains the justice court. If the judgment has been transcribed to circuit court, or a certified copy of the judgment or a lien record abstract for the judgment has been recorded in any County Clerk Lien Record, a lien record abstract for the judgment in the form provided by ORS 18.325 may be recorded in the County Clerk Lien Record for any other county. From the time the certified copy of the judgment or lien record abstract for the judgment is recorded in the County Clerk Lien Record of another county, the judgment is a lien upon the real property of the defendant in that county.

(4) A certified copy of a justice court judgment renewed under ORS 18.365, or a lien record abstract for the renewed judgment, may be transcribed to circuit court or recorded in a County Clerk Lien Record in the same manner as provided for original judgments under this section and with like effect.

(5) The transcribing of a justice court judgment to circuit court under this section, or the recording of a certified copy of a justice court judgment or a lien record abstract under this section, does not extend the lien of the judgment more than 10 years from the original entry of the judgment in the justice court.

(6) The fee for filing a transcript with the clerk of the circuit court under subsection (2) of this section shall be as provided in ORS 21.325 [(2)] (1)(b). The fee for recording a certified copy of a justice court judgment or a lien record abstract under this section shall be as provided in ORS 205.320.

(7) A justice court and circuit court may enter into an agreement to allow for electronic transcription of justice court judgments under this section. A justice court and county clerk may enter into an agreement to allow for electronic recording of judgments and lien record abstracts under this section.

SECTION 81. ORS 52.635, as amended by section 80 of this 2003 Act, is amended to read:

(6) The fee for filing a transcript with the clerk of the circuit court under subsection (2) of this section shall be as provided in ORS 21.325 [(1)(b)] (2). The fee for recording a certified copy of a justice court judgment or a lien record abstract under this section shall be as provided in ORS 205.320.

SECTION 82. The amendments to ORS 52.635 by section 81 of this 2003 Act become operative on July 1, 2005.

SECTION 83. (1) The Judicial Department Operating Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Judicial Department and may be used only to pay the operating expenses of the department.

(2) All moneys received by the department pursuant to ORS 151.216 (1)(g) shall be deposited in the Judicial Department Operating Account.

(3) The department may accept gifts, grants or contributions from any source, whether public or private, for deposit in the Judicial Department Operating Account.

SECTION 83a. All moneys collected from the surcharges imposed by the amendments to ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 by sections 1, 5, 8, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act shall be deposited in the Judicial Department Operating Account established in section 83 of this 2003 Act.

SECTION 83b. If House Bill 2756 becomes law, section 83a of this 2003 Act is amended to read:

Sec. 83a. All moneys collected from the surcharges imposed by the amendments to ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 by sections 1, 5, [8] 8a, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act shall be deposited in the Judicial Department Operating Account established in section 83 of this 2003 Act.

SECTION 84. (1) Notwithstanding ORS 21.350, the amount of the law library fee collected by the clerk of a court under ORS 21.350 in each civil suit, action or proceeding filed in a circuit court on and after September 1, 2003, and before July 1, 2005, may not exceed the amount of the fee collected by the clerk in the 2001-2003 biennium.

(2) The surcharges imposed by the amendments to ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 by sections 1, 5, 8, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act are fees for the purposes of ORS 21.605, 21.615, 128.258 (2) and 128.280 (10) and any other statute relating to the fees imposed under ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240.

SECTION 84a. If House Bill 2756 becomes law, section 84 of this 2003 Act is amended to read:

Sec. 84. (1) Notwithstanding ORS 21.350, the amount of the law library fee collected by the clerk of a court under ORS 21.350 in each civil suit, action or proceeding filed in a circuit court on and after September 1, 2003, and before July 1, 2005, may not exceed the amount of the fee collected by the clerk in the 2001-2003 biennium.

(2) The surcharges imposed by the amendments to ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 by sections 1, 5, [8] 8a, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71 of this 2003 Act are fees for the purposes of ORS 21.605, 21.615, 128.258 (2) and 128.280 (10) and any other statute relating to the fees imposed under ORS 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.350, 36.355, 36.520, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240.

JUDGMENTS FOR DEFERRED FEES

SECTION 85. ORS 21.605 is amended to read:

21.605. (1)(a) The Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or county court, the judge of the Oregon Tax Court or a justice of the peace may waive in whole or in part, defer in whole or in part, or both, all fees and court costs payable by a party to a particular civil action or proceeding in the court of the justice or judge, upon application by the party, if the justice or judge finds that the party is unable to pay all or any part of the fees and costs. Waiver or deferral of an inmate’s fees and court costs is subject to ORS 30.642 to 30.650.

(b) [No fee shall be required] A fee may not be charged for filing an application under paragraph (a) of this subsection.

[(c) In the judgment or other final written disposition of the action or proceeding the court shall note the dollar amount of the fees and costs not waived and then unpaid, and that amount shall be a judgment in favor of the public body to which the fees and costs are owed. Failure of the court to perform the duty imposed by this paragraph does not otherwise affect the validity of the judgment or other final written disposition.]

(c) All amounts deferred under this subsection constitute a monetary obligation payable to the public body to which the fees and court costs are owed, and may be made part of the judgment or other final written disposition of the action or proceeding by the clerk of the court or by the State Court Administrator without further notice to the debtor or further order of the court.

(d) The judgment or other final written disposition of the action or proceeding may [also contain an order for] provide that all or part of deferred amounts be waived if the court determines that the person is unable to pay the deferred amounts or may require the payment of the [amount of the fees and costs not waived and then unpaid] deferred amounts not later than a date certain [or on the happening of one or more events]. A default in payment by the person so ordered to pay shall subject the person to a contempt proceeding.

(e) A judgment or other final written disposition rendered under this subsection may be filed, entered and docketed as a judgment in any county in this state.

(2) If fees and court costs payable by a party to a civil action or proceeding have been waived or deferred under subsection (1) of this section, that party [shall] is not [be] required to pay any fees or costs so waived or deferred except as provided in subsection (1) of this section and ORS 30.642 to 30.650, and any pleading, petition, application, request, motion, claim, demand, exception or other paper or appearance presented by that party for filing or acceptance in the action or proceeding shall be filed or accepted without the payment of any such fees or costs.

(3)(a) In a civil action or proceeding, the court to which an appeal is taken may waive in whole or in part, defer in whole or in part, or partially waive and partially defer the expense of preparing a transcript on appeal, if:

(A) The party requesting the transcript is unable to pay the expense of preparing the transcript; and

(B) The party requesting the transcript makes a prima facie showing that the transcript is necessary to prosecute the appeal and would reveal reversible error in the action or proceeding.

(b) In any civil action or proceeding in which the court waives or defers any part of the expense of preparing a transcript on appeal, the court shall authorize preparation of only so much of the transcript as is necessary to prosecute the appeal.

(c) To the extent that the court waives or defers any part of the expense of preparing a transcript on appeal, the State Court Administrator shall pay the expense out of funds appropriated for that purpose.

(d) If the court defers payment of any part of the expense of preparing a transcript, and any part of the deferred expense remains unpaid at the conclusion of the appeal, [the court may enter judgment against the party for] the unpaid amounts may be made part of the judgment or other final written disposition of the action or proceeding in the manner provided by subsection (1) of this section.

(e) If costs on appeal are awarded to a party who has obtained a waiver or deferral under this subsection, any portion of the costs awarded for the expense of preparing the transcript on appeal shall be ordered paid to the State Court Administrator to the extent that the waived or deferred expense was paid by the State Court Administrator.

(f) Waiver or deferral of an inmate’s expenses under this subsection is subject to ORS 30.642 to 30.650.

(4) In any case in which fees and court costs have been waived or deferred under this section, a judgment or other final written disposition shall be rendered as in other cases, but the state [shall] is not [be] liable for the payment of any fees or costs awarded against a party whose fees or costs have been waived or deferred.

(5) In the exercise of the authority granted by ORS 1.002, the Chief Justice of the Supreme Court may provide by rule standards and practices for waiver or deferral of fees, court costs and [expense] expenses under this section.

FINE INCREASES FOR CRIMES

SECTION 86. ORS 161.625 is amended to read:

161.625. (1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) [$300,000] $375,000 for a Class A felony.

(b) [$200,000] $250,000 for a Class B felony.

(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

(3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the crime.

(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.

(4) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. “Value” shall be determined by the standards established in ORS 164.115.

(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant’s gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.

(6) Except as provided in ORS 161.655, this section [shall] does not apply to a corporation.

SECTION 87. ORS 161.635 is amended to read:

161.635. (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) [$5,000] $6,250 for a Class A misdemeanor.

(b) [$2,000] $2,500 for a Class B misdemeanor.

(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.

(4) This section [shall] does not apply to corporations.

SECTION 88. The amendments to ORS 161.625 and 161.635 by sections 86 and 87 of this 2003 Act become operative on, and apply to offenses committed on or after, September 1, 2003.

FINES FOR CRIMES

TREATED AS VIOLATIONS

SECTION 89. ORS 161.566 is amended to read:

161.566. (1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The election must be made by the prosecuting attorney orally at the time of the first appearance of the defendant or in writing filed on or before the time scheduled for the first appearance of the defendant. If no election is made within the time allowed, the case shall proceed as a misdemeanor.

(2) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in any judgment entered in the matter. Notwithstanding ORS 153.018, the maximum fine that a court may impose upon conviction of a violation under this section may not exceed the amount provided in ORS 161.635 for the class of misdemeanor receiving violation treatment.

(3) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided by ORS 153.102. Notwithstanding ORS 153.018, the maximum fine that the court may impose under a default judgment entered pursuant to ORS 153.102 is the maximum fine for [a Class A violation, as provided in ORS 153.018] the class of misdemeanor receiving violation treatment.

(4) A prosecuting attorney may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section.

(5) The election provided for in this section may be made by a city attorney acting as prosecuting attorney in the case of municipal ordinance offenses, a county counsel acting as prosecuting attorney under a county charter in the case of county ordinance offenses, and the Attorney General acting as prosecuting attorney in those criminal actions or proceedings within the jurisdiction of the Attorney General.

(6) Notwithstanding ORS 137.290 (1)(d), the unitary assessment imposed upon conviction of a violation under this section is the amount provided in ORS 137.290 for the misdemeanor receiving violation treatment.

SECTION 90. ORS 161.568 is amended to read:

161.568. (1) Except as provided in subsection (4) of this section, a court may elect to treat any misdemeanor as a Class A violation for the purpose of entering a default judgment under ORS 153.102 if:

(a) A complaint or information has been filed with the court for the misdemeanor;

(b) The defendant has failed to make an appearance in the proceedings required by the court or by law; and

(c) The court has given notice to the district attorney for the county and the district attorney has informed the court that the district attorney does not object to treating the misdemeanor as a Class A violation.

(2) If the court treats a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in the judgment entered in the matter.

(3) Notwithstanding ORS 153.018, if the court treats a misdemeanor as a Class A violation under this section, the maximum fine that the court may impose under a default judgment entered pursuant to ORS 153.102 is the maximum fine for [a Class A violation, as provided in ORS 153.018] the class of misdemeanor receiving violation treatment.

(4) A court may not treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section.

(5) Notwithstanding ORS 137.290 (1)(d), the unitary assessment imposed upon conviction of a violation under this section is the amount provided in ORS 137.290 for the misdemeanor receiving violation treatment.

SECTION 91. The amendments to ORS 161.566 and 161.568 by sections 89 and 90 of this 2003 Act become operative on, and apply to offenses committed on or after, September 1, 2003.

LEGAL AID FEE INCREASE

SECTION 92. ORS 21.480 is amended to read:

21.480. (1) In all counties wherein legal representation is provided for the poor without fee by a nonprofit legal aid program operating under the Legal Services Program established pursuant to ORS 9.572, the clerk of the circuit court shall collect the fees provided for in subsection (2) of this section to assist in defraying the operating costs of the legal aid program and to fund mediation programs offered through the State Department of Agriculture. The fees provided for in subsection (2) of this section are in addition to all other fees collected by the clerk of the court[,] and shall be collected by the clerk in the same manner that other fees are collected by the clerk.

(2) The clerk shall collect the following fees from the plaintiff or other moving party in each civil suit, action or proceeding in the circuit court when the plaintiff or party files the first paper in the suit, action or proceeding, and from a defendant or respondent when the defendant or respondent files an appearance in the suit, action or proceeding:

(a) [$7] $8, for filings in the small claims department of a circuit court.

(b) [$13] $15, upon the filing of a complaint that is subject to the filing fee established under ORS 105.130 (2). If the defendant demands a trial, the clerk shall collect a fee of [$28] $32 from the defendant, and an additional fee of [$15] $17 from the plaintiff. In no event shall the plaintiff in an action subject to the filing fee established under ORS 105.130 be required to pay a total fee of more than [$28] $32 under the provisions of this subsection.

(d) [$22] $25, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2).

(e) [$28] $32, for any other filings in a circuit court not specifically provided for in this subsection, including all probate proceedings, protective proceedings under ORS chapter 125, adoption proceedings and change of name proceedings.

(3) In addition to the fees provided for in ORS 21.010, the State Court Administrator shall collect a fee of $55 from an appellant or petitioner whenever a filing fee is collected under ORS 21.010 and a fee of $15 from each respondent whenever an appearance fee is collected under ORS 21.010.

[(3)] (4) All fees collected by the clerk under this section shall be deposited with the State Court Administrator. All fees collected under this section shall be distributed in the manner provided by ORS 9.574.

[(4)] (5) Ten percent of the funds deposited with the State Court Administrator under this section shall be transferred by the State Court Administrator on a monthly basis to the State Department of Agriculture, until such time as the amount specified under subsection [(5)] (6) of this section has been transferred to the State Department of Agriculture for the biennium. Moneys transferred to the State Department of Agriculture under this section are continuously appropriated to the department and may be used by the department only for the purpose of funding mediation programs established by the department. Moneys appropriated to the department under this subsection may not be used by the department to fund the costs of conducting individual farm credit mediations. The department shall consult with the Dispute Resolution Commission in establishing and operating mediation programs funded under this subsection.

[(5) The amount transferred by the State Court Administrator to the State Department of Agriculture under subsection (4) of this section shall not exceed:]

[(a) $80,000 in the 1997-1999 biennium; and]

[(b) $100,000 in all biennia after the 1997-1999 biennium.]

(6) The amount transferred by the State Court Administrator to the State Department of Agriculture under subsection (5) of this section may not exceed $150,000 in any biennium.

SECTION 93. (1) The amendments to ORS 21.480 by section 92 of this 2003 Act apply only to filings and requests for hearings made on or after September 1, 2003.

(2) The limit on amounts transferred by the State Court Administrator to the State Department of Agriculture by ORS 21.480 (6) apply to the biennium beginning July 1, 2003, and to all subsequent biennia.

SECTION 94. ORS 21.480, as amended by section 92 of this 2003 Act, is amended to read:

21.480. (1) In all counties wherein legal representation is provided for the poor without fee by a nonprofit legal aid program operating under the Legal Services Program established pursuant to ORS 9.572, the clerk of the circuit court shall collect the fees provided for in subsection (2) of this section to assist in defraying the operating costs of the legal aid program and to fund mediation programs offered through the State Department of Agriculture. The fees provided for in subsection (2) of this section are in addition to all other fees collected by the clerk of the court and shall be collected by the clerk in the same manner that other fees are collected by the clerk.

(a) [$8] $9, for filings in the small claims department of a circuit court.

(b) [$15] $17, upon the filing of a complaint that is subject to the filing fee established under ORS 105.130 (2). If the defendant demands a trial, the clerk shall collect a fee of [$32] $35 from the defendant, and an additional fee of [$17] $19 from the plaintiff. In no event shall the plaintiff in an action subject to the filing fee established under ORS 105.130 be required to pay a total fee of more than [$32] $36 under the provisions of this subsection.

(d) [$25] $28, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2).

(e) [$32] $35, for any other filings in a circuit court not specifically provided for in this subsection, including all probate proceedings, protective proceedings under ORS chapter 125, adoption proceedings and change of name proceedings.

(4) All fees collected by the clerk under this section shall be deposited with the State Court Administrator. All fees collected under this section shall be distributed in the manner provided by ORS 9.574.

(5) Ten percent of the funds deposited with the State Court Administrator under this section shall be transferred by the State Court Administrator on a monthly basis to the State Department of Agriculture, until such time as the amount specified under subsection (6) of this section has been transferred to the State Department of Agriculture for the biennium. Moneys transferred to the State Department of Agriculture under this section are continuously appropriated to the department and may be used by the department only for the purpose of funding mediation programs established by the department. Moneys appropriated to the department under this subsection may not be used by the department to fund the costs of conducting individual farm credit mediations. The department shall consult with the Dispute Resolution Commission in establishing and operating mediation programs funded under this subsection.

(6) The amount transferred by the State Court Administrator to the State Department of Agriculture under subsection (5) of this section may not exceed $150,000 in any biennium.

SECTION 95. The amendments to ORS 21.480 by section 94 of this 2003 Act become operative on July 1, 2004, and apply only to filings and requests for hearings made on or after July 1, 2004.

SECTION 96. ORS 21.480, as amended by sections 92 and 94 of this 2003 Act, is amended to read:

21.480. (1) In all counties wherein legal representation is provided for the poor without fee by a nonprofit legal aid program operating under the Legal Services Program established pursuant to ORS 9.572, the clerk of the circuit court shall collect the fees provided for in subsection (2) of this section to assist in defraying the operating costs of the legal aid program and to fund mediation programs offered through the State Department of Agriculture. The fees provided for in subsection (2) of this section are in addition to all other fees collected by the clerk of the court and shall be collected by the clerk in the same manner that other fees are collected by the clerk.

(a) [$9] $9.50, for filings in the small claims department of a circuit court.

(b) [$17] $18, upon the filing of a complaint that is subject to the filing fee established under ORS 105.130 (2). If the defendant demands a trial, the clerk shall collect a fee of [$35] $38 from the defendant, and an additional fee of [$19] $21 from the plaintiff. In no event shall the plaintiff in an action subject to the filing fee established under ORS 105.130 be required to pay a total fee of more than [$36] $39 under the provisions of this subsection.

(d) [$28] $30, if the action, suit or proceeding is subject to the filing fees established by ORS 21.110 (2).

(e) [$35] $38, for any other filings in a circuit court not specifically provided for in this subsection, including all probate proceedings, protective proceedings under ORS chapter 125, adoption proceedings and change of name proceedings.

(6) The amount transferred by the State Court Administrator to the State Department of Agriculture under subsection (5) of this section may not exceed $150,000 in any biennium.

SECTION 97. The amendments to ORS 21.480 by section 96 of this 2003 Act become operative on July 1, 2005, and apply only to filings and requests for hearings made on or after July 1, 2005.

SECTION 98. ORS 9.574 is amended to read:

9.574. All fees collected under the provisions of ORS 21.480 shall be deposited with the State Court Administrator. Within the first 25 days of the month following the month in which the fees are collected, the State Court Administrator shall make the distribution required by ORS 21.480 [(4)] (5). The remaining funds deposited with the State Court Administrator shall be deposited by the State Court Administrator with the Oregon State Bar. All amounts so deposited with the Oregon State Bar are continuously appropriated to the Oregon State Bar, and may be used only for the funding of legal services provided through the Legal Services Program established under ORS 9.572 and for expenses incurred by the Oregon State Bar in the administration of the Legal Services Program.

SHORTHAND REPORTER EXAM FEE

SECTION 99. ORS 8.445 is amended to read:

8.445. (1) The State Court Administrator shall establish a fee schedule for fees authorized by ORS 8.415 to 8.455, as follows:

(a) Not to exceed $100 for initial registration.

(b) Not to exceed $100 for biennial renewal.

(2) Fees are nonrefundable.

(3) Subject to a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering and enforcing ORS 8.415 to 8.455, consistent with the budget authorized by the Legislative Assembly, as that budget may be modified by the Emergency Board.

SECTION 100. The amendments to ORS 8.445 by section 99 of this 2003 Act apply only to examinations conducted under ORS 8.415 to 8.455 on or after September 1, 2003.

APPEALS IN CRIMINAL CASES

SECTION 101. ORS 138.053 is amended to read:

138.053. (1) A judgment, or order of a court, if the order is imposed after judgment, is subject to the appeal provisions and limitations on review under ORS 138.040 and 138.050 if the disposition includes any of the following:

(a) Imposition of a sentence on conviction.

(b) Suspension of imposition or execution of any part of a sentence.

(d) Imposition or modification of a condition of probation or of sentence suspension.

(e) Imposition or execution of a sentence upon revocation of probation or sentence suspension.

(2) A disposition described under subsection (1) of this section is not subject to appeal after the expiration of the time specified in ORS 138.071 for appealing from the judgment or order imposing it, except as may be provided in ORS 138.510 to 138.680.

(3) Notwithstanding ORS 138.040 and 138.050, upon an appeal from a judgment or order described in subsection [(1)(e)] (1)(c) to (e) of this section, the appellate court may review the order that extended the period of the defendant’s probation, imposed or modified a condition of the defendant’s probation or sentence suspension or revoked the defendant’s probation or sentence suspension if the defendant shows a colorable claim of error in the proceeding from which the appeal is taken.

SECTION 102. ORS 138.222 is amended to read:

138.222. (1) Notwithstanding the provisions of ORS 138.040 and 138.050, a sentence imposed for a judgment of conviction entered for a felony committed on or after November 1, 1989, may be reviewed only as provided by this section.

(2) Except as otherwise provided in subsection (4)(c) of this section, on appeal from a judgment of conviction entered for a felony committed on or after November 1, 1989, the appellate court [shall] may not review:

(a) Any sentence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission.

(b) A sentence of probation when the rules of the Oregon Criminal Justice Commission prescribe a presumptive sentence of imprisonment but allow a sentence of probation without departure.

(c) A sentence of imprisonment when the rules of the Oregon Criminal Justice Commission prescribe a presumptive sentence of imprisonment but allow a sentence of probation without departure.

(d) Any sentence resulting from a stipulated sentencing agreement between the state and the defendant which the sentencing court approves on the record.

(e) Except as authorized in subsections (3) and (4) of this section, any other issue related to sentencing.

(3) In any appeal from a judgment of conviction imposing a sentence that departs from the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission, sentence review [shall be] is limited to whether the sentencing court’s findings of fact and reasons justifying a departure from the sentence prescribed by the rules of the Oregon Criminal Justice Commission:

(a) Are supported by the evidence in the record; and

(b) Constitute substantial and compelling reasons for departure.

(4) In any appeal, the appellate court may review a claim that:

(a) The sentencing court failed to comply with requirements of law in imposing or failing to impose a sentence;

(b) The sentencing court erred in ranking the crime seriousness classification of the current crime or in determining the appropriate classification of a prior conviction or juvenile adjudication for criminal history purposes; or

(5) The appellate court may reverse or affirm the sentence. If the appellate court concludes that the trial court’s factual findings are not supported by evidence in the record or do not establish substantial and compelling reasons for a departure, it shall remand the case to the trial court for resentencing. If the appellate court determines that the sentencing court, in imposing a sentence in the case, committed an error that requires resentencing, the appellate court shall remand the entire case for resentencing. The sentencing court may impose a new sentence for any conviction in the remanded case.

(6) The appellate court shall issue a written opinion whenever the judgment of the sentencing court is reversed and may issue a written opinion in any other case when the appellate court believes that a written opinion will provide guidance to sentencing judges and others in implementing the sentencing guidelines adopted by the Oregon Criminal Justice Commission provided that the appellate courts may provide by rule for summary disposition of cases arising under this section when no substantial question is presented by the appeal.

(7) Either the state or the defendant may appeal a judgment of conviction based on the sentence for a felony committed on or after November 1, 1989, to the Court of Appeals subject to the limitations of chapter 790, Oregon Laws 1989. The defendant may appeal under this subsection only upon showing a colorable claim of error in a proceeding if the appeal is from a proceeding in which [a sentence was entered subsequent to]:

(a) A sentence was entered subsequent to a plea of guilty or no contest;

[(b) A probation revocation or sentence suspension; or]

(b) Probation was revoked, the period of probation was extended, a new condition of probation was imposed, an existing condition of probation was modified or a sentence suspension was revoked; or

(c) A sentence was entered subsequent to a resentencing ordered by an appellate court or a post-conviction relief court.

FINES AND BASE FINE AMOUNTS

FOR VIOLATIONS

SECTION 103. ORS 153.018 is amended to read:

153.018. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

(2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

(a) [$600] $720 for a Class A violation.

(b) [$300] $360 for a Class B violation.

(d) [$75] $90 for a Class D violation.

(e) The amount otherwise established by law for any specific fine violation.

(3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

(4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed.

SECTION 104. 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] 75 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)] (2) 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.

[(6)] (3) For the purpose of determining whether a fine meets the requirements of subsection (1) of this section, the unitary assessment amount under ORS 137.290 and the county assessment amount under ORS 137.309 shall be included in calculating the amount required under subsection (1) of this section.

[(7)] (4) 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 105. 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 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] may 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] 50percent 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 106. The amendments to ORS 153.018, 153.093 and 153.125 by sections 103, 104 and 105 of this 2003 Act become operative on, and apply to offenses committed on or after, September 1, 2003.

MISCELLANEOUS AMENDMENTS

SECTION 107. ORS 21.112 is amended to read:

21.112. (1) The clerk of the court shall collect at the time a proceeding described in subsection (4) of this section is filed a fee in an amount determined by the governing body of the county to be necessary in the particular type of case, in addition to any other funds used therefor, to pay the expenses of providing:

(a) Mediation under ORS 107.755 to 107.785;

(b) Conciliation services under ORS 107.510 to 107.610;

(d) Education programs under ORS 3.425;

(e) Investigations, evaluations, examinations and referrals for services under ORS 107.425; and

(f) Any other program or service to which parties may be referred or that may be ordered by that court, including programs or services established to assist the court or a family in a domestic relations case if the presiding judge for the judicial district has approved the program or service.

(2) Before approving the provision of any program or service under subsection (1)(d) to (f) of this section, the presiding judge shall evaluate:

(a) The need for programs and services described in subsection (1)(a) to (c) of this section and the appropriate level of funding for those programs and services; and

(b) The impact on funding for the programs and services described in subsection (1)(a) to (c) of this section that would result from providing a program or service under subsection (1)(d) to (f) of this section.

(3) The fees provided for in this section are in addition to all other fees that are collected by the clerk at the time the proceeding is filed. Fees collected under this section shall be paid, in the manner determined by the State Court Administrator, to the appropriate officer of the county within the first 25 days of the month following the month in which collected. The fees shall be used by the county to pay the expenses specified in subsection (1) of this section.

(4) The additional fee established by this section shall be collected by the clerk:

(a) In the following proceedings:

(A) Proceedings for dissolution of marriage, annulment of marriage or separation.

(B) Filiation proceedings under ORS 109.124 to 109.230.

(D) Proceedings for modifications of orders issued under subparagraphs (A) to (C) of this paragraph.

(E) Proceedings under ORS 107.434.

(b) [Notwithstanding ORS 21.111 (3),] For responses in any of the proceedings listed in paragraph (a) of this subsection.

SECTION 108. If House Bill 2756 becomes law, section 7, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), is repealed.

SECTION 109. If House Bill 2756 becomes law, section 5, chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), is amended to read:

Sec. 5. The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from the petitioner in a proceeding under section 3, [of this 2003 Act] chapter 530, Oregon Laws 2003 (Enrolled House Bill 2756), at the time the petition is filed. Fees collected under this section shall be deposited into the [Reporting Relief Fund established in section 7 of this 2003 Act] Judicial Department Operating Account established in section 83 of this 2003 Act.

SECTION 110. If Senate Bill 391 becomes law, section 3, chapter 565, Oregon Laws 2003 (Enrolled Senate Bill 391), is repealed.

SECTION 111. If Senate Bill 391 becomes law, ORS 106.120, as amended by section 1, chapter 565, Oregon Laws 2003 (Enrolled Senate Bill 391), is amended to read:

106.120. (1) As used in this section, “judicial officer” means:

(a) A judicial officer of this state as that term is defined in ORS 1.210 and includes but is not limited to a judge of a municipal court and a justice of the peace.

(b) An active judge of a federal court.

(2) Marriages may be solemnized by:

(a) A judicial officer;

(b) A county clerk;

(d) A clergyperson of any religious congregation or organization who is authorized by the congregation or organization to solemnize marriages.

(3) A person authorized to solemnize marriages under subsection (2) of this section may solemnize a marriage anywhere in this state.

(4)(a) When a marriage is solemnized by a tax, appellate or circuit judge of this state, the clerk of the court or the county clerk shall collect a fee of $25 and deposit the fee in the Judicial Department [Operations Fund established under section 3 of this 2003 Act] Operating Account established in section 83 of this 2003 Act.

(b) When a marriage is solemnized by a county clerk, the county clerk shall collect a fee of $25, as provided in ORS 205.320.

(A) The marriage is solemnized during normal working hours, excluding holidays;

(B) The marriage is solemnized in court facilities or a county clerk’s office; or

(C) More than a minimal amount of staff time or other court or county clerk’s office resources are used in connection with the solemnization.

(d) The Chief Justice of the Supreme Court or the county clerk may establish a written procedure for waiver of the fee required under this subsection in exigent circumstances, including but not limited to indigency of the parties to the marriage.

(5) In addition to any fee collected under subsection (4) of this section, a judicial officer of this state and a county clerk may charge and accept an agreed upon personal payment not to exceed $100 plus actual costs for the solemnization of a marriage if that solemnization is performed:

(a) At a place other than the courthouse where the judicial officer or county clerk serves; or

(b) Outside of the judicial officer’s or county clerk’s normal working hours.

(6) The charging and accepting of a personal payment by a judicial officer of this state or a county clerk under subsection (5) of this section does not constitute a violation of any of the provisions of ORS chapter 244.

(7) The amount of actual costs charged by a judicial officer of this state or a county clerk under subsection (5) of this section may not exceed:

(a) Actual expenses for food and lodging as verified by receipts.

(b) If travel is made by personal vehicle, the actual number of round-trip miles from the judicial officer’s or county clerk’s home or office, whichever is greater, compensated at the rate of reimbursement then provided by the State of Oregon to its employees or, if travel is made by a commercial carrier, reimbursement shall be made of the actual costs thereof, verified by receipts.

(8) A judicial officer of this state or a county clerk shall maintain records of the amount of personal payments received for performing marriages, of actual costs and the supporting documentation related thereto for a period of four years.

(9) The parties to a marriage solemnized by a tax, appellate or circuit judge of this state shall show to the judge proof of payment of the fee required under subsection (4)(a) of this section before solemnization. Except as provided in subsection (4)(d) of this section, the judge may not solemnize a marriage without proof of payment of the fee.

SECTION 112. ORS 137.290 is amended to read:

137.290. (1) In all cases of conviction for the commission of a crime or violation, excluding parking violations, the trial court, whether a circuit, justice or municipal court, shall impose upon the defendant, in addition to any other monetary obligation imposed, a unitary assessment under this section. The unitary assessment shall also be imposed by the circuit court and county court in juvenile cases under ORS 419C.005 (1). The unitary assessment is a penal obligation in the nature of a fine and shall be in an amount as follows:

(a) [$105] $107 in the case of a felony.

(b) [$65] $67 in the case of a misdemeanor.

(d) [$35] $37 in the case of a violation as described in ORS 153.008.

(2) The unitary assessment shall include, in addition to the amount in subsection (1) of this section:

(a) [$40] $42 if the defendant was driving a vehicle that requires a commercial driver license to operate and the conviction was for violating:

(A) ORS 811.100 by driving at a speed at least 10 miles per hour greater than is reasonable and prudent under the circumstances; or

(B) ORS 811.115 by driving at least 65 miles per hour; and

(b) $500 if the crime of conviction is a crime found in ORS chapter 163.

(3) Subject to subsection (4) of this section, the court in any case may waive payment of the unitary assessment, in whole or in part, if, upon consideration, the court finds that payment of the assessment or portion thereof would impose upon the defendant a total monetary obligation inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

(a) The financial resources of the defendant and the burden that payment of the unitary assessment will impose, with due regard to the other obligations of the defendant; and

(b) The extent to which such burden can be alleviated by allowing the defendant to pay the monetary obligations imposed by the court on an installment basis or on other conditions to be fixed by the court.

(4) If a defendant is convicted of an offense, the court may waive all or part of the unitary assessment required under subsections (1) and (2)(a) of this section only if the court imposes no fine on the defendant.

SECTION 113. The amendments to ORS 137.290 by section 112 of this 2003 Act apply to offenses committed on or after September 1, 2003.

CAPTIONS

SECTION 114. The unit captions used in this 2003 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 2003 Act.

EMERGENCY CLAUSE

SECTION 115. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor August 29, 2003

Filed in the office of Secretary of State September 2, 2003

Effective date August 29, 2003

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