Chapter 663 Oregon Laws 2007

AN ACT

HB 2913

Relating to tribal courts; creating new provisions; amending ORS 24.115; and declaring an emergency.

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

SECTION 1. ORS 24.115 is amended to read:

24.115. (1) A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court.

(2) A certified copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state shall be recorded in the County Clerk Lien Record of any county other than the county in which the judgment is originally filed, in order to become a lien upon the real property of the judgment debtor in that county as provided in ORS 18.152.

(3) A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner.

(4) A foreign judgment of a tribal court of a federally recognized Indian tribe that is filed in a circuit court under this section, and that otherwise complies with 26 U.S.C. 414(p) as a domestic relations order as defined in 26 U.S.C. 414(p), is a domestic relations order made pursuant to the domestic relations laws of this state for the purposes of 26 U.S.C. 414(p).

SECTION 2. The amendments to ORS 24.115 by section 1 of this 2007 Act apply to all judgments, decrees and orders of tribal courts of federally recognized Indian tribes, whether filed in a circuit court before, on or after the effective date of this 2007 Act.

SECTION 3. This 2007 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect on its passage.

Approved by the Governor June 27, 2007

Filed in the office of Secretary of State June 27, 2007

Effective date June 27, 2007

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