72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to C A-Eng. SB 904
 
LC 3677/SB 904-A7
 
                      SENATE AMENDMENTS TO
              CORRECTED A-ENGROSSED SENATE BILL 904
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                            August 22
 
  On page 1 of the printed corrected A-engrossed bill, line 3,
after '36.165,' insert '36.170,'.
  Delete line 5 and insert '36.130, 36.135, 36.140, 36.150,
36.155, 36.160, 36.165, 36.175, 36.180 and 36.245; appropriating
money; limiting expenditures; and declaring an emergency.'.
  On page 4, after line 18, insert:
  '  { +  SECTION 8a. + } ORS 21.480, as amended by section 8 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 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 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, for filings in the small claims department of a
circuit court.
  ' (b) $13, 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
from the defendant, and an additional fee of $15 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 under the provisions of this
subsection.
  ' (c) $24, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
  ' (d) $22, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 (2).
  ' (e) $28, 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) All fees collected under this section shall be deposited
with the State Court Administrator in the manner provided by ORS
9.574.
  ' (4) 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) 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 director of the Mark O.
Hatfield School of Government 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.
  '  { +  SECTION 8b. + }  { + The amendments to ORS 21.480 by
section 8a of this 2003 Act become operative on January 2,
2006. + } ' .
  On page 5, after line 34, insert:
  '  { +  SECTION 11a. + } ORS 36.110, as amended by section 11
of this 2003 Act, is amended to read:
  ' 36.110. As used in ORS 36.100 to 36.238:
  ' (1) 'Arbitration' means any arbitration whether or not
administered by a permanent arbitral institution.
  '  { - (2) 'Dean' means the Dean of the University of Oregon
School of Law. - }
  '  { - (3) - }  { +  (2) + } 'Dispute resolution services'
includes but is not limited to mediation, conciliation and
arbitration.
  '  { - (4) - }  { +  (3) + } 'Dispute resolution program' means
an entity that
  { - receives state funds under ORS 36.155 to provide - }  { +
provides + } dispute resolution services   { - under ORS
36.160 - } .
  '  { - (5) - }  { +  (4) + } 'Mediation' means a process in
which a mediator assists and facilitates two or more parties to a
controversy in reaching a mutually acceptable resolution of the
controversy and includes all contacts between a mediator and any
party or agent of a party, until such time as a resolution is
agreed to by the parties or the mediation process is terminated.
  '  { - (6) - }  { +  (5) + } 'Mediation agreement' means an
agreement arising out of a mediation, including any term or
condition of the agreement.
  '  { - (7) - }  { +  (6) + } 'Mediation communications' means:
  ' (a) All communications that are made, in the course of or in
connection with a mediation, to a mediator, a mediation program
or a party to, or any other person present at, the mediation
proceedings; and
  ' (b) All memoranda, work products, documents and other
materials, including any draft mediation agreement, that are
prepared for or submitted in the course of or in connection with
a mediation or by a mediator, a mediation program or a party to,
or any other person present at, mediation proceedings.
  '  { - (8) - }  { +  (7) + } 'Mediation program' means a
program through which mediation is made available and includes
the director, agents and employees of the program.
  '  { - (9) - }  { +  (8) + } 'Mediator' means a third party who
performs mediation. 'Mediator' includes agents and employees of
the mediator or mediation program and any judge conducting a case
settlement conference.
  '  { - (10) - }  { +  (9) + } 'Public body' means any state
agency, county or city governing body, school district, special
district, municipal corporation, any board, department,
 
commission, council, or agency thereof, and any other public
agency of this state.
  '  { - (11) - }  { +  (10) + } 'State agency' means any state
officer, board, commission, bureau, department, or division
thereof, in the executive branch of state government.
  '  { +  SECTION 11b. + }  { + The amendments to ORS 36.110 by
section 11a of this 2003 Act become operative on January 2,
2006. + } ' .
  On page 6, line 17, delete 'State Board' and insert '
Department'.
  In line 19, delete 'State Board' and insert 'Department'.
  In line 22, delete 'State Board' and insert 'Department'.
  After line 29, insert:
  '  { +  SECTION 13a. + } ORS 36.145, as amended by section 13
of this 2003 Act, is amended to read:
  ' 36.145.   { - (1) - }  The Dispute Resolution Account is
established in the State Treasury, separate and distinct from the
General Fund. All moneys received under ORS   { - 36.150 and - }
36.170 shall be deposited to the credit of the account.
 { - Moneys in the account are continuously appropriated to the
Department of Revenue to be distributed according to allocations
made by the Legislative Assembly to: - }
  '  { - (a) The Department of Higher Education on behalf of the
University of Oregon School of Law, for the purpose of
distribution under ORS 36.155; - }
  '  { - (b) The Department of Higher Education on behalf of the
University of Oregon School of Law, for payment of administrative
costs and other expenses of the school in carrying out the
responsibilities of the school under ORS 36.100 to 36.238; - }
  '  { - (c) The Department of Higher Education on behalf of the
Mark O. Hatfield School of Government, for payment of
administrative costs and other expenses of the school in carrying
out the responsibilities of the school under ORS 183.502; and - }
 
  '  { - (d) The Judicial Department, for the purpose of
providing mediation and arbitration services in the courts of
this state. - }
  '  { - (2) Notwithstanding ORS 293.190, moneys in the Dispute
Resolution Account that are in excess of the distributions
required by this section do not revert to the General Fund but
remain in the account and are available for future allocation
under this section. - }
  '  { +  SECTION 13b. + }  { + The amendments to ORS 36.145 by
section 13a of this 2003 Act become operative on January 2,
2006. + }
  '  { +  SECTION 13c. + }  { + (1) As soon as possible after the
effective date of this 2003 Act, the Department of Revenue shall
distribute $722,836 from the Dispute Resolution Account to the
Department of Higher Education on behalf of the University of
Oregon School of Law, for the purpose of distribution under ORS
36.155. The distribution provided for in this subsection is in
addition to the distributions provided for in section 14 of this
2003 Act.
  ' (2) As soon as possible after the effective date of this 2003
Act, the Department of Revenue shall distribute $180,000 from the
Dispute Resolution Account to the Oregon Department of
Administrative Services. Moneys distributed to the Oregon
Department of Administrative Services under this subsection may
be used by the department only for the purpose of paying
unemployment compensation, accrued paid vacation leave and other
obligations of the Dispute Resolution Commission. + } ' .
  In line 32, delete '$___ ' and insert '$997,279' and delete
'State Board' and insert 'Department'.
  In line 34, delete '$___ ' and insert '$125,000' and delete
'State Board' and insert 'Department'.
 
  In line 37, delete '$___ ' and insert '$125,000' and delete
'State Board' and insert 'Department'.
  In line 40, delete '$___ ' and insert '$800,000'.
  In line 43, delete 'State Board' and insert 'Department'.
  On page 7, line 4, delete 'State Board' and insert '
Department'.
  In line 6, delete 'State Board' and insert 'Department'.
  In line 19, delete 'State' and insert 'Department'.
  In line 20, delete 'Board'.
  On page 8, after line 32, insert:
  '  { +  SECTION 18a. + } ORS 36.170 is amended to read:
  ' 36.170. (1) The clerks of the circuit courts shall collect a
dispute resolution surcharge at the time a civil action, suit or
proceeding is filed, including appeals. The surcharge shall be
collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
  ' (a) $9, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 (1), 21.310 or any other
filing fee not specifically provided for in this section.
  ' (b) $7, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 (2) or 105.130, or if the
action is filed in the small claims department of circuit court
and the amount or value claimed exceeds $1,500.
  ' (c) $5, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
  ' (d) $3 if the action is filed in the small claims department
of circuit court and the amount or value claimed does not exceed
$1,500.
  ' (2) All surcharges collected under this section shall be
deposited by the State Court Administrator into the State
Treasury to the credit of the Dispute Resolution Account
 { - and may only be used as provided in ORS 36.155 - } .
  '  { +  SECTION 18b. + }  { + The amendments to ORS 36.170 by
section 18a of this 2003 Act become operative on January 2,
2006. + } ' .
  On page 10, after line 9, insert:
  '  { +  SECTION 22a. + } ORS 36.210, as amended by section 22
of this 2003 Act, is amended to read:
  ' 36.210. (1) Mediators, mediation programs and dispute
resolution programs   { - providing services under ORS 36.100 to
36.238 and mediators, mediation programs and other community
programs providing dispute resolution services that comply with
the standards established under ORS 36.175, 107.755 or
107.775 - }  are not civilly liable for any act or omission done
or made while engaged in efforts to assist or facilitate a
mediation or in providing other dispute resolution services,
unless the act or omission was made or done in bad faith, with
malicious intent or in a manner exhibiting a willful, wanton
disregard of the rights, safety or property of another.
  ' (2) Mediators, mediation programs and dispute resolution
programs are not civilly liable for the disclosure of a
confidential mediation communication unless the disclosure was
made in bad faith, with malicious intent or in a manner
exhibiting a willful, wanton disregard of the rights, safety or
property of another.
  ' (3) The limitations on liability provided by this section
apply to the officers, directors, employees and agents of
mediation programs and dispute resolution programs.
  '  { +  SECTION 22b. + }  { + The amendments to ORS 36.210 by
section 22a of this 2003 Act become operative on January 2,
2006. + } ' .
  On page 12, after line 31, insert:
  '  { +  SECTION 26a. + } ORS 135.959, as amended by section 26
of this 2003 Act, is amended to read:
  ' 135.959.   { - (1) - }  A law enforcement agency, city
attorney, district attorney, county juvenile department or court
may contract with   { - qualified - }  dispute resolution
programs to provide mediation services under ORS 135.951 or
135.953.
  '  { - (2) As used in this section, 'qualified dispute
resolution program' means a program that meets the standards for
mediators and mediation programs established by the Dean of the
University of Oregon School of Law under ORS 36.175. - }
  '  { +  SECTION 26b. + }  { + The amendments to ORS 135.959 by
section 26a of this 2003 Act become operative on January 2,
2006. + } ' .
  On page 13, after line 39, insert:
  '  { +  SECTION 27a. + } ORS 183.502, as amended by section 27
of this 2003 Act, is amended to read:
  ' 183.502. (1) Unless otherwise prohibited by law, agencies may
use alternative means of dispute resolution in rulemaking
proceedings, contested case proceedings, judicial proceedings in
which the agency is a party, and any other decision-making
process in which conflicts may arise. The alternative means of
dispute resolution may be arbitration, mediation or any other
collaborative problem-solving process designed to encourage
parties to work together to develop mutually agreeable solutions
to disputes. Use of alternative means of dispute resolution by an
agency does not affect the application of ORS 192.410 to 192.505
to the agency, or the application of ORS 192.610 to 192.690 to
the agency.
  ' (2) An agency that elects to utilize alternative means of
dispute resolution shall inform and may consult with   { - the
Mark O. Hatfield School of Government, - }  the Department of
Justice and the Oregon Department of Administrative Services in
developing a policy or program for implementation of alternative
means of dispute resolution.
  ' (3) The Attorney General, in consultation with   { - the Mark
O. Hatfield School of Government and - }  the Oregon Department
of Administrative Services, may develop for agencies model rules
for the implementation of alternative means of dispute
resolution. An agency may adopt all or part of the model rules by
reference without complying with the rulemaking procedures of ORS
183.325 to 183.410. Notice of the adoption of all or part of the
model rules must be filed by the agency with the Secretary of
State in the manner provided by ORS 183.355 for the filing of
rules.
  ' (4) When an agency reviews the standard agreements, forms for
contracts and forms for applying for grants or other assistance
used by the agency, the agency shall determine whether the
agreements and forms should be amended to authorize and encourage
the use of alternative means of dispute resolution in disputes
that arise under the agreement, contract or application.
  ' (5) The Department of Justice,   { - the Mark O. Hatfield
School of Government, - }  the Oregon Department of
Administrative Services and the Governor shall collaborate to
increase the use of alternative dispute resolution to resolve
disputes involving the State of Oregon by:
  ' (a) Assisting agencies to develop a policy for alternative
means of dispute resolution;
  ' (b) Assisting agencies to develop or expand flexible and
diverse agency programs that provide alternative means of dispute
resolution; and
  ' (c) Providing assistance in the efficient and effective
selection of mediators or facilitators.
  ' (6) Agencies with alternative dispute resolution programs
shall seek to identify cases appropriate for mediation and other
means of alternative dispute resolution and to design systems and
procedures to resolve those cases.
 
  ' (7) The purpose of the agency alternative dispute resolution
programs is to:
  ' (a) Increase agency efficiency;
  ' (b) Increase public and agency satisfaction with the process
and results of dispute resolution; and
  ' (c) Decrease the cost of resolving disputes.
  '  { +  SECTION 27b. + }  { + The amendments to ORS 183.502 by
section 27a of this 2003 Act become operative on January 2,
2006. + } ' .
  On page 17, after line 24, insert:
  '  { +  SECTION 30a. + } ORS 352.066, as amended by section 30
of this 2003 Act, is amended to read:
  ' 352.066. (1) Pursuant to ORS 351.870, there is created within
the Department of Higher Education the Mark O. Hatfield School of
Government. The Mark O. Hatfield School of Government shall be
administered by Portland State University. The president of
Portland State University shall appoint the director of the Mark
O. Hatfield School of Government.
  ' (2) The purpose of the Mark O. Hatfield School of Government
is  { - : - }
  '  { - (a) - }  to prepare students for careers in political
service, public administration and the administration of justice.
  '  { - (b) To perform the duties required of the school under
ORS 183.502. - }
  '  { +  SECTION 30b. + }  { + The amendments to ORS 352.066 by
section 30a of this 2003 Act become operative on January 2,
2006. + } ' .
  After line 32, insert:
  '  { +  SECTION 31a. + } Section 31 of this 2003 Act is amended
to read:
  '  { +  Sec. 31. + } (1) There is created within the Department
of Higher Education the University of Oregon School of Law. The
school shall be administered by the University of Oregon.
  ' (2) The purpose of the school is  { - : - }
  '  { - (a) - }  to prepare students for careers in the legal
profession  { - ; and - }
  '  { - (b) To perform the duties required of the school under
ORS 36.100 to 36.238 - } .
  ' (3) The president of the University of Oregon shall appoint
the Dean of the University of Oregon School of Law.
  '  { +  SECTION 31b. + }  { + The amendments to section 31 of
this 2003 Act by section 31a of this 2003 Act become operative on
January 2, 2006. + } ' .
  On page 18, after line 4, insert:
  '  { +  SECTION 32a. + } ORS 390.240, as amended by section 32
of this 2003 Act, is amended to read:
  ' 390.240. (1) The following disputes shall be submitted to
mediation and if mediation is not successful to arbitration as
described in this section:
  ' (a) A dispute with regard to the issuance of an
archaeological permit under ORS 390.235; or
  ' (b) A dispute over the disposition of human skeletal remains
or burial goods under ORS 97.750.
  ' (2) The State Parks and Recreation Commission in consultation
with   { - the Mark O. Hatfield School of Government and - } the
governing bodies of the Oregon Indian tribes shall adopt rules to
establish mediation and arbitration procedures. Such rules shall
provide for appeal as described in ORS 36.365.
  '  { +  SECTION 32b. + }  { + The amendments to ORS 390.240 by
section 32a of this 2003 Act become operative on January 2,
2006. + } ' .
  After line 5, insert:
  '  { +  SECTION 34. + }  { + Notwithstanding any other law
limiting expenditures, the amount of $1,970,115 is established
for the biennium beginning July 1, 2003, as the maximum limit for
expenditures by the Department of Higher Education for the
purpose of distribution under ORS 36.155, for payment of
administrative costs and other expenses of the University of
Oregon School of Law in carrying out the responsibilities of the
school under ORS 36.100 to 36.238 and for payment of
administrative costs and other expenses of the Mark O. Hatfield
School of Government in carrying out the responsibilities of the
school under ORS 183.502. + }
  '  { +  SECTION 35. + }  { + Notwithstanding any other law
limiting expenditures, the amount of $180,000 is established for
the biennium beginning July 1, 2003, as the maximum limit for
payment by the Oregon Department of Administrative Services of
unemployment compensation, accrued paid vacation leave and other
obligations of  + }  { +  the Dispute Resolution Commission. + }
  '  { +  SECTION 36. + }  { + Notwithstanding any other law
limiting expenditures, the amount of $800,000 is established for
the biennium beginning July 1, 2003, as the maximum limit for
payment of expenses of the Judicial Department in providing
mediation and arbitration services in the courts of this state
from moneys distributed to the department from the Dispute
Resolution Account. + }
  '  { +  SECTION 37. + }  { + Notwithstanding any other law
appropriating moneys, the appropriation out of the General Fund
for the Judicial Department established in section 1 (1), chapter
___, Oregon Laws 2003 (Enrolled Senate Bill 5523), for the
biennium beginning July 1, 2003, is decreased by $800,000. + }
  '  { +  SECTION 38. + }  { + ORS 36.135, 36.150, 36.155,
36.160, 36.165 and 36.175 are repealed. + }
  '  { +  SECTION 39. + }  { + The repeal of ORS 36.135, 36.150,
36.155, 36.160, 36.165 and 36.175 by section 38 of this 2003 Act
becomes operative on January 2, 2006. + } ' .
  In line 6, delete '34' and insert '40'.
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