72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to RC to B-Eng. HB 2759
LC 2893/HB 2759-B37
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
B-ENGROSSED HOUSE BILL 2759
By JOINT COMMITTEE ON WAYS AND MEANS
August 15
On page 1 of the printed B-engrossed bill, line 6, after '
2756)' insert ', and section 5, chapter 598, Oregon Laws 2003
(Enrolled House Bill 2279)'.
In line 7, delete 'and'.
In line 8, after '391)' insert ', and sections 171, 177 and
287, chapter 576, Oregon Laws 2003 (Enrolled House Bill 2646)'.
On page 11, after line 6, insert:
' { + 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2646) (amending ORS 21.111), is repealed and ORS 21.111, as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: + }
' 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.
' (c) Proceedings to determine custody or support of a child
under ORS 109.103.
' (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.
' (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 - }
{ + 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: + }
' 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.
' (c) Proceedings to determine custody or support of a child
under ORS 109.103.
' (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.
' (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 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. - } '.
After line 8, insert:
' { + 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.'.
On page 21, after line 43, insert:
' { + 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.
' (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 - } { + 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 { - 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, $1.
' (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.
' { - (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 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. - } '.
After line 45, insert:
' { + 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.'.
On page 24, after line 18, insert:
' { + 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 + }.
' (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).
' (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. + } ' .
On page 27, after line 22, insert:
' { + 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:
' (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. - }
' { + (b) Transcription of judgment from small claims
department, $6. + }
' (c) Transfer of cause to circuit court on counterclaim, $11.
' (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 - } { + Transcription + }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 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:
' (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) Transcription of judgment from small claims department,
{ - $6 - } { + $7 + }.
' (c) Transfer of cause to circuit court on counterclaim,
{ - $11 - } { + $12 + }.
' (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) Transcription of judgment from small claims
department, $2. - }
' { - (c) Transfer of cause to circuit court on counterclaim,
$3. - } '.
After line 24, insert:
' { + 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.'.
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