72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2756
LC 1486/HB 2756-4
HOUSE AMENDMENTS TO
HOUSE BILL 2756
By COMMITTEE ON JUDICIARY
May 6
On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and insert 'amending ORS
21.110 and 181.607; and appropriating money.'.
On page 2, after line 23, insert:
' (4) In a hearing under this section, the juvenile court may
receive testimony, reports and other evidence without regard to
whether the evidence is admissible under ORS 40.010 to 40.210 and
40.310 to 40.585 if the evidence is relevant to the determination
and findings required under this section. As used in this
subsection, 'relevant evidence' has the meaning given that term
in ORS 40.150.'.
Delete lines 24 through 28.
On page 4, after line 8, insert:
' (7) In a hearing under this section, the court may receive
testimony, reports and other evidence without regard to whether
the evidence is admissible under ORS 40.010 to 40.210 and 40.310
to 40.585 if the evidence is relevant to the determination and
findings required under this section. As used in this subsection,
' relevant evidence' has the meaning given that term in ORS
40.150.'.
After line 15, insert:
' { + SECTION 4. + } 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, 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
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) 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 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. + }
' { - (3) - } { + (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.
' { - (4) - } { + (5) + } 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 such action, suit or proceeding,
except where additional fees are specially authorized by law.
' { - (5) - } { + (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. '
' { - (6) - } { + (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;
' (c) Filiation proceedings under ORS 109.124 to 109.230;
' (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.
' { - (7) - } { + (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.
' { + SECTION 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 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. + } ' .
Delete line 16 and insert:
' { + SECTION 6. + } (1) Section 5 of this 2003 Act and the
amendments to ORS 21.110 and 181.607 by sections 1 and 4 of this
2003 Act apply to'.
After line 19, insert:
' { + SECTION 7. + } { + The Reporting Relief Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Reporting Relief Fund shall
be credited to the fund. The fund consists of moneys deposited
into the fund under ORS 21.110 (3) or any other provision of law.
Moneys in the fund are continuously appropriated to the Judicial
Department to be used only to pay the operating expenses of the
department. + } ' .
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