Chapter 702 Oregon Laws 2005

AN ACT

HB 3124

Relating to courts; creating new provisions; amending ORS 18.910, 20.190, 21.010, 21.040, 21.110, 21.111, 21.114, 21.270, 21.275, 21.310, 21.325, 34.340, 36.520, 36.615, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 and sections 76, 79, 82 and 84, chapter 737, Oregon Laws 2003; repealing sections 4, 7, 11, 15, 18, 22, 25, 28, 31, 34, 40d, 43, 46, 49, 52, 55, 58, 61, 64, 67, 70 and 73, chapter 737, Oregon Laws 2003; and declaring an emergency.

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

CIVIL ACTION SURCHARGES

AND OTHER CIVIL FEES

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] $105. 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,] December 31, 2006, 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. ORS 21.010, as amended by section 3, chapter 737, Oregon Laws 2003, 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 [$154] $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 [$92] $105. 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 December 31, 2006, 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 3. ORS 21.010, as amended by section 3, chapter 737, Oregon Laws 2003, and section 2 of this 2005 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 $105. 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 December 31, 2006, 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 2005 Act become operative January 1, 2007.

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,] December 31, 2006, 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 6, chapter 737, Oregon Laws 2003, is amended to read:

21.040. (1) In cases of original jurisdiction in the Supreme Court, the plaintiff or moving party shall pay [$39] $35 and the defendant or respondent shall pay [$22] $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 December 31, 2006, 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. ORS 21.040, as amended by section 6, chapter 737, Oregon Laws 2003, and section 6 of this 2005 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] $39and 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 December 31, 2006, 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 8. The amendments to ORS 21.040 by section 7 of this 2005 Act become operative January 1, 2007.

SECTION 9. 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. 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] $83as 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] $53 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 181.608, at the time the petition is filed. Fees collected under this subsection shall be deposited into the Judicial Department Operating Account established in ORS 1.009.

(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;

(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,] December 31, 2006, 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,] December 31, 2006, 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 10. ORS 21.110, as amended by section 10a, chapter 737, Oregon Laws 2003, 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 [$107] $97 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 [$80] $83as a flat and uniform filing fee.

(2) In the following actions, the clerk of the circuit court shall collect the sum of [$68] $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 [$51] $53 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.

(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 December 31, 2006, 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 December 31, 2006, 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 11. ORS 21.110, as amended by section 10a, chapter 737, Oregon Laws 2003, and section 10 of this 2005 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 $83 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 $53 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.

(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 December 31, 2006, 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 December 31, 2006, 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 12. The amendments to ORS 21.110 by section 11 of this 2005 Act become operative January 1, 2007.

SECTION 13. 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 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,] December 31, 2006, 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,] December 31, 2006, 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 14. ORS 21.111, as amended by section 14c, chapter 737, Oregon Laws 2003, 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 [$99] $90 as a flat and uniform filing fee from the petitioner at the time the petition is filed, and shall collect the sum of [$51] $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 [$50] $45 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.

(7)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, 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 December 31, 2006, 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. ORS 21.111, as amended by section 14c, chapter 737, Oregon Laws 2003, and section 14 of this 2005 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 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.

[(7)(a) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, 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 December 31, 2006, 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 16. The amendments to ORS 21.111 by section 15 of this 2005 Act become operative January 1, 2007.

SECTION 17. 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,] December 31, 2006, 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,] December 31, 2006, 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. ORS 21.114, as amended by section 17, chapter 737, Oregon Laws 2003, 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 [$39] $35 from the party filing the petition for adoption, and a first appearance fee of [$23] $21 from an objecting party appearing separately or objecting parties appearing jointly.

(b) In a change of name proceeding, a first appearance fee of [$39] $35 from the party filing the application for change of name, and a first appearance fee of [$23] $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.

(4) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, the clerk of the court shall charge and collect:

(5) In addition to the fee provided for in subsection (3) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, 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 19. ORS 21.114, as amended by section 17, chapter 737, Oregon Laws 2003, and section 18 of this 2005 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 December 31, 2006, 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 December 31, 2006, 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 20. The amendments to ORS 21.114 by section 19 of this 2005 Act become operative January 1, 2007.

SECTION 21. 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 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 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 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.

(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, 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.

(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,] December 31, 2006,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,] December 31, 2006,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. ORS 21.270, as amended by section 21, chapter 737, Oregon Laws 2003, 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 [$77] $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 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 [$193] $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 [$110] $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 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.

(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 December 31, 2006, 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 December 31, 2006, 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 23. ORS 21.270, as amended by section 21, chapter 737, Oregon Laws 2003, and section 22 of this 2005 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.

(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 December 31, 2006, 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 December 31, 2006, 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 24. The amendments to ORS 21.270 by section 23 of this 2005 Act become operative January 1, 2007.

SECTION 25. 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,] December 31, 2006,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 26. ORS 21.275, as amended by section 24, chapter 737, Oregon Laws 2003, 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 [$33] $30 if the hearing period is not more than three hours or [$77] $70 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 December 31, 2006, 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 27. ORS 21.275, as amended by section 24, chapter 737, Oregon Laws 2003, and section 26 of this 2005 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 December 31, 2006, 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 28. The amendments to ORS 21.275 by section 27 of this 2005 Act become operative January 1, 2007.

SECTION 29. 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, the clerk of [the] a circuit 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, the clerk of a circuit court 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, the clerk of a circuit court 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, at the time of filing in circuit court 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, the clerk of a circuit 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 on the trial or hearing fee of $11.

SECTION 30. ORS 21.310, as amended by section 27, chapter 737, Oregon Laws 2003, is amended to read:

______________________________________________________________________________

Where the amount of the estate is:

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

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

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

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

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

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

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

______________________________________________________________________________

(3) In a court having probate jurisdiction, the clerk shall charge and collect a fee of [$23] $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 [$8] $7 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit court 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit court 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 on the effective date of this 2005 Act and ending December 31, 2006, at the time of filing in circuit court 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit 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 on the trial or hearing fee of $11.

SECTION 31. ORS 21.310, as amended by section 27, chapter 737, Oregon Laws 2003, and section 30 of this 2005 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit court 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit court 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 on the effective date of this 2005 Act and ending December 31, 2006, at the time of filing in circuit court 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 on the effective date of this 2005 Act and ending December 31, 2006, the clerk of a circuit 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 on the trial or hearing fee of $11.]

SECTION 32. The amendments to ORS 21.310 by section 31 of this 2005 Act become operative January 1, 2007.

SECTION 33. 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:

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

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

(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, $35.

(d) Issuing writs of execution or writs of garnishment, [$4] $7 for each writ.

(e) Preparing a certified copy of a satisfaction document under ORS 18.225 (5), $5.

(f) Issuing an order under ORS 18.265 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,] December 31, 2006, 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 ORS 18.225 (5), $2.

(f) Issuing an order under ORS 18.265 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 34. ORS 21.325, as amended by section 30c, chapter 737, Oregon Laws 2003, 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 of a judgment entered in the register, [$7] $6.

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

[(3)] (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, [$39] $35.

[(4)] (d) Issuing writs of execution or writs of garnishment, [$4] $7 for each writ.

[(5)] (e) Preparing a certified copy of a satisfaction document under ORS 18.225 (5), [$6] $5.

[(6)] (f) Issuing an order under ORS 18.265 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 December 31, 2006, 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 ORS 18.225 (5), $2.

(f) Issuing an order under ORS 18.265 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 34a. The increase in fees for issuance of writs of execution and writs of garnishment under the amendments to ORS 21.325 by sections 33 and 34 of this 2005 Act applies only to writs of execution and writs of garnishment issued on or after the effective date of this 2005 Act.

SECTION 35. ORS 21.325, as amended by section 30c, chapter 737, Oregon Laws 2003, and section 34 of this 2005 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, $7 for each writ.

[(e)] (5) Preparing a certified copy of a satisfaction document under ORS 18.225 (5), [$5] $6.

[(f)] (6) Issuing an order under ORS 18.265 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 December 31, 2006, 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 ORS 18.225 (5), $2.]

[(f) Issuing an order under ORS 18.265 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 36. The amendments to ORS 21.325 by section 35 of this 2005 Act become operative January 1, 2007.

SECTION 37. 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,] December 31, 2006, the clerk of the court shall collect a surcharge of $8 upon the filing of a petition for a writ of habeas corpus.

SECTION 38. ORS 34.340, as amended by section 33, chapter 737, Oregon Laws 2003, 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 [$28] $25.

(2) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, the clerk of the court shall collect a surcharge of $8 upon the filing of a petition for a writ of habeas corpus.

SECTION 39. ORS 34.340, as amended by section 33, chapter 737, Oregon Laws 2003, and section 38 of this 2005 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 December 31, 2006, the clerk of the court shall collect a surcharge of $8 upon the filing of a petition for a writ of habeas corpus.]

SECTION 40. The amendments to ORS 34.340 by section 39 of this 2005 Act become operative January 1, 2007.

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,] December 31, 2006, 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 42, chapter 737, Oregon Laws 2003, 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 [$39] $35 and from a party filing an appearance in opposition to the application a filing fee of [$23] $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 December 31, 2006, 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. ORS 36.520, as amended by section 42, chapter 737, Oregon Laws 2003, and section 42 of this 2005 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 December 31, 2006, 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 44. The amendments to ORS 36.520 by section 43 of this 2005 Act become operative January 1, 2007.

SECTION 45. ORS 36.615 is amended to read:

36.615. (1)(a) Except as otherwise provided in ORS 36.730, an application for judicial relief under ORS 36.600 to 36.740 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 ORS 36.700, 36.705 or 36.710, 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 ORS 36.600 to 36.740.

(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under ORS 36.600 to 36.740 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,] December 31, 2006, 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 46. ORS 36.615, as amended by section 40c, chapter 737, Oregon Laws 2003, is amended to read:

(b) If the first petition relating to an arbitration proceeding is a petition to seek confirmation, vacation, modification or correction of an award under ORS 36.700, 36.705 or 36.710, the person filing the petition must pay a fee of [$39] $35, and a person filing an appearance in opposition to the petition must pay a filing fee of [$23] $21.

(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under ORS 36.600 to 36.740, 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 December 31, 2006, 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 47. ORS 36.615, as amended by section 40c, chapter 737, Oregon Laws 2003, and section 46 of this 2005 Act, is amended to read:

(b) If the first petition relating to an arbitration proceeding is a petition to seek confirmation, vacation, modification or correction of an award under ORS 36.700, 36.705 or 36.710, 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.

[(3) In addition to the fees provided for in subsection (1)(b) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, 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 48. The amendments to ORS 36.615 by section 47 of this 2005 Act become operative January 1, 2007.

SECTION 49. 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)(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

(B) Defendant demanding a hearing, [$17] $21 when the amount or value claimed by plaintiff does not exceed $1,500, and [$37] $43 when the amount or value claimed by plaintiff exceeds $1,500.

(b) Transcription of judgment 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,] December 31, 2006, in the small claims department of a circuit court the clerk of the court shall charge and collect the following surcharges:

(a)(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

(B) 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.

SECTION 50. ORS 46.570, as amended by section 45c, chapter 737, Oregon Laws 2003, 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)(A) Plaintiff filing a claim, [$26] $24 when the amount or value claimed does not exceed $1,500, and [$55] $50 when the amount or value claimed exceeds $1,500; and

(B) Defendant demanding a hearing, [$19] $21 when the amount or value claimed by plaintiff does not exceed $1,500, and [$41] $43 when the amount or value claimed by plaintiff exceeds $1,500.

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

(3) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, in the small claims department of a circuit court the clerk of the court shall charge and collect the following surcharges:

(a)(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

(B) 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.

SECTION 51. ORS 46.570, as amended by section 45c, chapter 737, Oregon Laws 2003, and section 50 of this 2005 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)(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

(B) Defendant demanding a hearing, $21 when the amount or value claimed by plaintiff does not exceed $1,500, and $43 when the amount or value claimed by plaintiff exceeds $1,500.

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

[(3) In addition to the fees provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, in the small claims department of a circuit court the clerk of the court shall charge and collect the following surcharges:]

[(a)(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]

[(B) 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.]

SECTION 52. The amendments to ORS 46.570 by section 51 of this 2005 Act become operative January 1, 2007.

SECTION 53. 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;

(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] $33.

(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.

(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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk of a circuit court 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, if the defendant demands a trial after a complaint is filed in circuit court under subsection (2) of this section, the plaintiff shall pay a surcharge of $8 and the defendant shall pay a surcharge of $8.

SECTION 54. ORS 105.130, as amended by section 48, chapter 737, Oregon Laws 2003, 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 [$13] $12;

(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 [$29] $26 and the defendant shall pay a filing fee of [$29] $33.

(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 on the effective date of this 2005 Act and ending December 31, 2006, upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk of a circuit court shall collect a surcharge of $4.

(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing on the effective date of this 2005 Act and ending December 31, 2006, if the defendant demands a trial after a complaint is filed in circuit court under subsection (2) of this section, the plaintiff shall pay a surcharge of $8 and the defendant shall pay a surcharge of $8.

SECTION 55. ORS 105.130, as amended by section 48, chapter 737, Oregon Laws 2003, and section 54 of this 2005 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 $33.

(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 on the effective date of this 2005 Act and ending December 31, 2006, upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk of a circuit court shall collect a surcharge of $4.]

[(b) In addition to the fees provided for in subsection (3) of this section, for the period commencing on the effective date of this 2005 Act and ending December 31, 2006, if the defendant demands a trial after a complaint is filed in circuit court under subsection (2) of this section, the plaintiff shall pay a surcharge of $8 and the defendant shall pay a surcharge of $8.]

SECTION 56. The amendments to ORS 105.130 by section 55 of this 2005 Act become operative January 1, 2007.

SECTION 57. 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 (11).

(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,] December 31, 2006, the court shall charge a surcharge of $14 upon the filing of a motion seeking enforcement of a parenting time order.

SECTION 58. ORS 107.434, as amended by section 51, chapter 737, Oregon Laws 2003, 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 [$50] $45, 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 (11).

(3) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, the court shall charge a surcharge of $14 upon the filing of a motion seeking enforcement of a parenting time order.

SECTION 59. ORS 107.434, as amended by section 51, chapter 737, Oregon Laws 2003, and section 58 of this 2005 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 (11).

[(3) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, the court shall charge a surcharge of $14 upon the filing of a motion seeking enforcement of a parenting time order.]

SECTION 60. The amendments to ORS 107.434 by section 59 of this 2005 Act become operative January 1, 2007.

SECTION 61. 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,] December 31, 2006, 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 62. ORS 108.130, as amended by section 54, chapter 737, Oregon Laws 2003, 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 [$6] $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 December 31, 2006, 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 63. ORS 108.130, as amended by section 54, chapter 737, Oregon Laws 2003, and section 62 of this 2005 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 December 31, 2006, 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 64. The amendments to ORS 108.130 by section 63 of this 2005 Act become operative January 1, 2007.

SECTION 65. 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,] December 31, 2006, 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 66. ORS 112.820, as amended by section 57, chapter 737, Oregon Laws 2003, 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 [$17] $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 December 31, 2006, 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 67. ORS 112.820, as amended by section 57, chapter 737, Oregon Laws 2003, and section 66 of this 2005 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 December 31, 2006, 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 68. The amendments to ORS 112.820 by section 67 of this 2005 Act become operative January 1, 2007.

SECTION 69. 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,] December 31, 2006, the clerk of the probate court shall charge and collect a surcharge of $6 upon the filing of an affidavit under this section.

SECTION 70. ORS 114.515, as amended by section 60, chapter 737, Oregon Laws 2003, 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 [$23] $21 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 December 31, 2006, the clerk of the probate court shall charge and collect a surcharge of $6 upon the filing of an affidavit under this section.

SECTION 71. ORS 114.515, as amended by section 60, chapter 737, Oregon Laws 2003, and section 70 of this 2005 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 December 31, 2006, the clerk of the probate court shall charge and collect a surcharge of $6 upon the filing of an affidavit under this section.]

SECTION 72. The amendments to ORS 114.515 by section 71 of this 2005 Act become operative January 1, 2007.

SECTION 73. 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,] on the effective date of this 2005 Act and ending [June 30, 2005,] December 31, 2006, if a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 is allowed in circuit court the defendant shall pay a surcharge of $64.

SECTION 74. ORS 135.921, as amended by section 63, chapter 737, Oregon Laws 2003, 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 [$233] $212 and shall be ordered paid as follows if the petition is allowed:

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

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

(2) If less than the [$233] $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.

(5) In addition to the filing fee provided for in subsection (1) of this section, for the period commencing on the effective date of this 2005 Act and ending December 31, 2006, if a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 is allowed in circuit court the defendant shall pay a surcharge of $64.

SECTION 75. ORS 135.921, as amended by section 63, chapter 737, Oregon Laws 2003, and section 74 of this 2005 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 on the effective date of this 2005 Act and ending December 31, 2006, if a petition for a possession of marijuana diversion agreement as provided in ORS 135.909 is allowed in circuit court the defendant shall pay a surcharge of $64.]

SECTION 76. The amendments to ORS 135.921 by section 75 of this 2005 Act become operative January 1, 2007.

SECTION 77. 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 the 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. The court’s order is not reviewable by any court of this state.

(5) When a petitioner who is imprisoned in a Department of Corrections institution is transferred to another Department of Corrections institution, the circuit court in which a post-conviction relief proceeding is pending may deny a motion for a change of venue to the county where the petitioner is transferred. The court’s order is not reviewable by any court of this state.

(6) 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,] December 31, 2006, a petitioner shall pay a surcharge of $8 at the time of filing a petition under this section.

SECTION 78. ORS 138.560, as amended by section 66, chapter 737, Oregon Laws 2003, 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 [$28] $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.

(6) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, a petitioner shall pay a surcharge of $8 at the time of filing a petition under this section.

SECTION 79. ORS 138.560, as amended by section 66, chapter 737, Oregon Laws 2003, and section 78 of this 2005 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.

[(6) In addition to the fee provided for in subsection (1) of this section, for the period commencing September 1, 2003, and ending December 31, 2006, a petitioner shall pay a surcharge of $8 at the time of filing a petition under this section.]

SECTION 80. The amendments to ORS 138.560 by section 79 of this 2005 Act become operative January 1, 2007.

SECTION 81. 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 order, 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 judgment 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,] December 31, 2006, the court shall charge and collect a surcharge of $21 for each application for emancipation.

SECTION 82. ORS 419B.555, as amended by section 69, chapter 737, Oregon Laws 2003, 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 [$77] $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 December 31, 2006, the court shall charge and collect a surcharge of $21 for each application for emancipation.

SECTION 83. ORS 419B.555, as amended by section 69, chapter 737, Oregon Laws 2003, and section 82 of this 2005 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 December 31, 2006, the court shall charge and collect a surcharge of $21 for each application for emancipation.]

SECTION 84. The amendments to ORS 419B.555 by section 83 of this 2005 Act become operative January 1, 2007.

SECTION 85. 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,] on the effective date of this 2005 Act and ending [June 30, 2005, the] December 31, 2006, a circuit 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 86. ORS 813.240, as amended by section 72, chapter 737, Oregon Laws 2003, 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 [$261] $237 and shall be ordered paid as follows if the petition is allowed:

(a) [$136] $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 on the effective date of this 2005 Act and ending December 31, 2006, a circuit 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 87. ORS 813.240, as amended by section 72, chapter 737, Oregon Laws 2003, and section 86 of this 2005 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 on the effective date of this 2005 Act and ending December 31, 2006, a circuit 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 88. The amendments to ORS 813.240 by section 87 of this 2005 Act become operative January 1, 2007.

SECTION 89. Section 76, chapter 737, Oregon Laws 2003, is amended to read:

Sec. 76. The amendments to ORS 24.190 by section 75, chapter 737, Oregon Laws 2003, [of this 2003 Act] become operative on [July 1, 2005] January 1, 2007.

SECTION 90. Section 79, chapter 737, Oregon Laws 2003, is amended to read:

Sec. 79. The amendments to ORS 46.488 by section 78, chapter 737, Oregon Laws 2003, [of this 2003 Act] become operative on [July 1, 2005] January 1, 2007.

SECTION 91. Section 82, chapter 737, Oregon Laws 2003, is amended to read:

Sec. 82. The amendments to ORS 52.635 by section 81, chapter 737, Oregon Laws 2003, [of this 2003 Act] become operative on [July 1, 2005] January 1, 2007.

SECTION 92. Section 84, chapter 737, Oregon Laws 2003, as amended by section 84a, chapter 737, Oregon Laws 2003, 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] January 1, 2007, 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, 8a, 12, 16, 19, 23, 26, 29, 32, 35, 38, 41, 44, 47, 50, 53, 56, 59, 62, 65, 68 and 71, chapter 737, Oregon Laws 2003,[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.

PREVAILING PARTY FEES

SECTION 93. ORS 20.190 is amended to read:

20.190. (1) Except as provided in subsections (2) to (5) of this section, a prevailing party in a civil action or proceeding who has a right to recover costs and disbursements in the following cases also has a right to recover, as a part of the costs and disbursements, the following additional amounts:

(a) In the Supreme Court or Court of Appeals, on an appeal, $100.

(b) In a circuit court:

(A) When judgment is given without trial of an issue of law or fact or on an appeal, $60; or

(B) When judgment is given after trial of an issue of law or fact, $85.

(c) In a small claims department, a county court or justice court, one-half of the amount provided for in paragraph (b) of this subsection.

(2) In lieu of the prevailing party fee provided for in subsection (1) of this section, in any civil action or proceeding in which recovery of money or damages is sought, a prevailing party who has a right to recover costs and disbursements also has a right to recover, as a part of the costs and disbursements, the following additional amounts:

(a) In a circuit court:

(A) When judgment is given without trial of an issue of law or fact, [$250] $275; or

(B) When judgment is given after trial of an issue of law or fact, [$500] $550.

(b) In a small claims department, a county court or justice court:

(A) When judgment is given without trial of an issue of law or fact, [$60] $75; or

(B) When judgment is given after trial of an issue of law or fact, [$85] $100.

(3) In addition to the amounts provided for in subsection (2) of this section, in any civil action or proceeding in a circuit court in which recovery of money or damages is sought, the court may award to the prevailing party up to an additional $5,000 as a prevailing party fee. The court shall consider the following factors in making an award under the provisions of this subsection:

(a) The conduct of the parties in the transactions or occurrences that gave rise to the litigation, including any conduct of a party that was reckless, willful, malicious, in bad faith or illegal.

(b) The objective reasonableness of the claims and defenses asserted by the parties.

(c) The extent to which an award of a larger prevailing party fee in the case would deter others from asserting good faith claims or defenses in similar cases.

(d) The extent to which an award of a larger prevailing party fee in the case would deter others from asserting meritless claims and defenses.

(e) The objective reasonableness of the parties and the diligence of the parties and their attorneys during the proceedings.

(f) The objective reasonableness of the parties and the diligence of the parties in pursuing settlement of the dispute.

(g) Any award of attorney fees made to the prevailing party as part of the judgment.

(h) Such other factors as the court may consider appropriate under the circumstances of the case.

(4) Nonprevailing parties are jointly liable for the prevailing party fees provided for in this section. A court may not award more than one prevailing party fee to a prevailing party under this section, or more than one prevailing party fee against a nonprevailing party regardless of the number of parties in the action, and, upon being paid the amount of the award, the prevailing party may not seek recovery of any additional amounts under the provisions of this section from any other nonprevailing party.

(5) In any appeal from the award or denial of a prevailing party fee under subsection (2) of this section, the court reviewing the award may not modify the decision of the court in making or denying an award, or the decision of the court as to the amount of the award, except upon a finding of an abuse of discretion.

(6) The prevailing party fees provided for in this section may not be awarded in the following proceedings:

(a) A class action proceeding under ORCP 32.

(b) A condemnation proceeding.

(7) Mandatory arbitration under ORS 36.400 to 36.425 does not constitute a trial of an issue of law or fact for the purposes of this section.

SECTION 94. The amendments to ORS 20.190 by section 93 of this 2005 Act apply only to actions in which judgments are entered on or after the effective date of this 2005 Act.

GARNISHMENT FEES

SECTION 95. ORS 18.910 is amended to read:

18.910. This section establishes the right of a plaintiff to recover certain moneys the plaintiff has expended to recover a debt under ORS 18.900 or to enforce a judgment and establishes procedures for that recovery. The following apply to this section:

(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff may proceed as follows:

(a) Before crediting the total amount of moneys received against the judgment or debt, the plaintiff may recover and keep from the total amount received under the garnishment, attachment or payment any moneys allowed to be recovered under this section.

(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall credit the remainder of the moneys received against the judgment or debt as provided by law.

(2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid on and to be credited against the original judgment or debt sought to be enforced. No additional judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.

(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific judgment or debt that the specific garnishment or attachment was issued to enforce or upon which the payment was received. Moneys recoverable under subsection (1)(a) of this section remain recoverable and, except as provided under subsection (8) of this section, may be recovered from moneys received by the plaintiff under subsequent garnishments, attachments or payments on the same specific judgment or debt.

(4) This section allows the recovery only of the following:

(a) Statutorily established moneys that meet the requirements under subsection (3) of this section, as follows:

(A) Garnishee’s search fees under ORS 18.790.

(B) Fees for delivery of writs of garnishment under ORS 18.652.

(D) County court fees as provided under ORS 5.125.

(E) County clerk recording fees as provided in ORS 205.320.

(F) Actual fees or disbursements made under ORS 21.410.

(G) Costs of execution as provided in ORS 105.112.

(H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed [$4] $7 for each garnishment.

(b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and ending upon recovery of the amount under this section.

(5) The plaintiff shall be responsible for doing all of the following:

(a) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section and making the accounting available for any proceeding relating to that judgment or debt.

(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under subsection (1)(a) of this section.

(6) Moneys recovered under subsection (1)(a) of this section remain subject to all other provisions of law relating to payments, or garnished or attached moneys including, but not limited to, those relating to exemption, claim of exemption, overpayment and holding periods.

(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this section or other moneys in any manner otherwise allowed by law.

(8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recoverable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced to a judgment or to a debt enforceable under ORS 18.900.

SECTION 96. The amendments to ORS 18.910 by section 95 of this 2005 Act apply only to writs of garnishment issued on or after the effective date of this 2005 Act.

DISTRIBUTION OF SURCHARGE REVENUES

SECTION 97. All moneys collected on or after July 1, 2005, 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, 36.520, 36.615, 46.570, 105.130, 107.434, 108.130, 112.820, 114.515, 135.921, 138.560, 419B.555 and 813.240 by sections 2, 6, 10, 14, 18, 22, 26, 30, 34, 38, 42, 46, 50, 54, 58, 62, 66, 70, 74, 78, 82 and 86 of this 2005 Act shall be deposited in the General Fund.

REPEALS

SECTION 98. Sections 4, 7, 11, 15, 18, 22, 25, 28, 31, 34, 40d, 43, 46, 49, 52, 55, 58, 61, 64, 67, 70 and 73, chapter 737, Oregon Laws 2003, are repealed.

UNIT CAPTIONS

SECTION 99. The unit captions used in this 2005 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 2005 Act.

EMERGENCY CLAUSE

SECTION 100. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on July 1, 2005.

Approved by the Governor August 3, 2005

Filed in the office of Secretary of State August 4, 2005

Effective date August 3, 2005

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