72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to A-Eng. HB 2095 (A to RC)
LC 865/HB 2095-A4
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2095
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON JUDICIARY
June 9
On page 1 of the printed A-engrossed bill, line 3, delete ' and
107.106' and insert ', 107.106 and 659A.885'.
On page 3, line 5, after 'and' insert 'directing the obligor's
employer to'.
On page 6, line 32, delete 'to'.
In line 33, delete 'recover compensatory damages'.
On page 7, delete lines 13 through 44 and insert:
' { + SECTION 15. + } ORS 25.275, as amended by section 26a,
chapter 73, Oregon Laws 2003 (Enrolled House Bill 2340), and
section 75, chapter 75, Oregon Laws 2003 (Enrolled House Bill
2526), is amended to read:
' 25.275. (1) The Division of Child Support of the Department
of Justice shall establish by rule a formula for determining
child support awards in any judicial or administrative
proceeding. In establishing the formula, the division shall take
into consideration the following criteria:
' (a) All earnings, income and resources of each parent,
including real and personal property;
' (b) The earnings history and potential of each parent;
' (c) The reasonable necessities of each parent;
' (d) The ability of each parent to borrow;
' (e) The educational, physical and emotional needs of the
child for whom the support is sought;
' (f) The amount of assistance that would be paid to the child
under the full standard of need of the state's IV-A plan;
' (g) Preexisting support orders and current dependents;
' (h) Any Social Security or Veterans' benefits paid to the
child, or to a representative payee administering the funds for
the child's use and benefit, as a result of a parent's disability
or retirement; and
' (i) Other reasonable criteria that the division may find to
be appropriate.
' (2) The formula described in subsection (1) of this section
must also comply with the following standards:
' (a) The child is entitled to benefit from the income of both
parents to the same extent that the child would have benefited
had the family unit remained intact or if there had been an
intact family unit consisting of both parents and the child.
' (b) Both parents should share in the costs of supporting the
child in the same proportion as each parent's income bears to the
combined income of both parents.
' (3) The formula described in subsection (1) of this section
must be designed to ensure, as a minimum, that the child for whom
support is sought benefits from the income and resources of the
absent parent on an equitable basis in comparison with any other
minor children of the absent parent.
' (4) The administrator, an administrative law judge or a court
shall reduce or increase the child support obligation to be paid
by the obligor and determined under the formula described in
subsection (1) of this section in consideration of the costs of
{ - health insurance - } { + a health benefit plan + }
incurred by the obligor or obligee, as provided in { - ORS
25.255 - } { + sections 2 to 13 of this 2003 Act + }.'.
On page 8, delete lines 3 through 31 and insert:
' { + SECTION 17. + } ORS 107.106, as amended by section 49a,
chapter 73, Oregon Laws 2003 (Enrolled House Bill 2340), and
section 83, chapter 75, Oregon Laws 2003 (Enrolled House Bill
2526), is amended to read:
' 107.106. (1) An order or judgment providing for the custody,
parenting time, visitation or support of a child under ORS
chapter 25, 107, 108, 109 or 110 or ORS 419B.400 or 419C.590
shall include:
' (a) Provisions addressing the issues of:
' (A) Payment of uninsured medical expenses of the child;
' (B) Maintenance of insurance or other security for support;
and
' (C) Maintenance of { + a + } health { - insurance - }
{ + benefit plan + } for the child { + under sections 2 to 13
of this 2003 Act + }.
' (b) A statement in substantially the following form:
' _______________________________________________________________
The terms of child support and parenting time (visitation) are
designed for the child's benefit and not the parents' benefit.
You must pay support even if you are not receiving visitation.
You must comply with visitation orders even if you are not
receiving child support.
Violation of child support orders and visitation orders is
punishable by fine, imprisonment or other penalties.
Publicly funded help is available to establish, enforce and
modify child support orders. Paternity establishment services are
also available. Contact your local district attorney or the
Department of Justice at (503) 373-7300 for information.
Publicly funded help may be available to establish, enforce and
modify visitation orders. Forms are available to enforce
visitation orders. Contact the domestic relations court clerk or
civil court clerk for information.
' _______________________________________________________________
' (2) The court or administrative law judge shall ensure the
creation and filing of an order or judgment that complies with
this section.
' (3) This section does not apply to an action undertaken by
the Division of Child Support of the Department of Justice or a
district attorney under ORS 25.080.
' { + SECTION 18. + } ORS 659A.885 is amended to read:
' 659A.885. (1) Any person claiming to be aggrieved by an
unlawful practice specified in subsection (2) of this section may
file a civil action in circuit court. In any action under this
subsection, the court may order injunctive relief and such other
equitable relief as may be appropriate, including but not limited
to reinstatement or the hiring of employees with or without back
pay. A court may order back pay in an action under this
subsection only for the two-year period immediately preceding the
filing of a complaint under ORS 659A.820 with the Commissioner of
the Bureau of Labor and Industries, or if a complaint was not
filed before the action was commenced, the two-year period
immediately preceding the filing of the action. In any action
under this subsection, the court may allow the prevailing party
costs and reasonable attorney fees at trial and on appeal. Except
as provided in subsection (3) of this section:
' (a) The judge shall determine the facts in an action under
this subsection; and
' (b) Upon any appeal of a judgment in an action under this
subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
' (2) An action may be brought under subsection (1) of this
section for the following unlawful practices: ORS 25.424,
399.235, 659A.030, 659A.040, 659A.043, 659A.046, 659A.063,
659A.069, 659A.100 to 659A.145, 659A.150 to 659A.186, 659A.203,
659A.218, 659A.230, 659A.233, 659A.236, 659A.250 to 659A.262,
659A.300, 659A.306, 659A.309, 659A.318 and 659A.421 (1) or
(3) { + and section 10 of this 2003 Act + }.
' (3) In any action under subsection (1) of this section
alleging a violation of ORS 659A.040, 659A.069, 659A.100 to
659A.145, 659A.230, 659A.250 to 659A.262, 659A.318 or 659A.421
(1) or (3) { + or section 10 of this 2003 Act + }:
' (a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or
$200, whichever is greater, and punitive damages;
' (b) At the request of any party, the action shall be tried to
a jury;
' (c) Upon appeal of any judgment finding a violation, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
' (d) Any attorney fee agreement shall be subject to approval
by the court.
' (4) In any action under subsection (1) of this section
alleging a violation of ORS 659A.203 or 659A.218, the court may
award, in addition to the relief authorized under subsection (1)
of this section, compensatory damages or $250, whichever is
greater.
' (5) All persons against whom any distinction, discrimination
or restriction on account of race, religion, sex, marital status,
color or national origin has been made by any place of public
accommodation, as defined in ORS 659A.400, by any person acting
on behalf of such place or by any person aiding or abetting such
place or person in violation of ORS 659A.406 may bring an action
against the operator or manager of such place, the employee or
person acting on behalf of such place or the aider or abettor of
such place or person. Notwithstanding subsection (1) of this
section, in an action under this subsection:
' (a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory and punitive
damages;
' (b) The operator or manager of the place of public
accommodation, the employee or person acting on behalf of the
place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
' (c) At the request of any party, the action shall be tried to
a jury;
' (d) The court shall award reasonable attorney fees to a
prevailing plaintiff;
' (e) The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails only if the
court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing
an adverse decision of a trial court; and
' (f) Upon any appeal of a judgment under this subsection, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).'.
In line 32, delete '18' and insert '19'.
In line 35, delete '19' and insert '20'.
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