74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2331
LC 1039/HB 2331-3
HOUSE AMENDMENTS TO
HOUSE BILL 2331
By COMMITTEE ON JUDICIARY
May 9
In line 2 of the printed bill, delete 'repealing ORS 5.110 '
and insert 'creating new provisions; amending ORS 9.574, 21.480,
283.085, 401.300 and 461.540; appropriating money; and declaring
an emergency'.
Delete line 4 and insert:
'
{ + LEGAL AID FEES + }
' { + SECTION 1. + } ORS 21.480 is amended to read:
' 21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
' (2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
' (a) { - $9.50 - } { + $11.50 + }, for filings in the
small claims department of a circuit court { + if the amount or
value claimed does not exceed $1,500, and $12 if the amount or
value claimed exceeds $1,500 + }.
' (b) $18, upon the filing of a complaint that is subject to
the filing fee established under ORS 105.130 (2). If the
defendant demands a trial, the clerk shall collect a fee of $38
from the defendant, and an additional fee of $21 from the
plaintiff. In no event shall the plaintiff in an action subject
to the filing fee established under ORS 105.130 be required to
pay a total fee of more than $39 under the provisions of this
subsection.
' (c) $33, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
' { + (d) $27.50, if the action, suit or proceeding is
subject to the filing fees established by ORS 21.110 (1). + }
' { - (d) - } { + (e) + } { - $30 - } { + $37.50 + }, if
the action, suit or proceeding is subject to the filing fees
established by ORS 21.110 (2).
' { + (f)(A) $41.50, upon the filing of a petition in a
probate proceeding that is subject to the fees provided in ORS
21.310 and in which the amount of the estate is more than
$100,000 and less than $500,000.
' (B) $47.50, upon the filing of a petition in a probate
proceeding that is subject to the fees provided in ORS 21.310 and
in which the amount of the estate is $500,000 or more and less
than $1 million.
' (C) $53, upon the filing of a petition in a probate
proceeding that is subject to the fees provided in ORS 21.310 and
in which the amount of the estate is $1 million or more.
' (g) $50, for petitions subject to the filing fee established
under ORS 36.615. + }
' { - (e) - } { + (h) + } $38, for any other filings in a
circuit court not specifically provided for in this subsection,
including all
{ - probate proceedings, protective proceedings under ORS
chapter 125, - } adoption proceedings and change of name
proceedings.
' (3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of { - $55 - }
{ + $69 + } from an appellant or petitioner whenever a filing
fee is collected under ORS 21.010 and a fee of { - $15 - }
{ + $32 + } from each respondent whenever an appearance fee is
collected under ORS 21.010.
' { + (4) In addition to the fees provided for in ORS 21.040,
the State Court Administrator shall collect a fee of $6 from a
petitioner whenever a filing fee is collected under ORS 21.040
and a fee of $3 from each defendant or respondent whenever an
appearance fee is collected under ORS 21.040. + }
' { - (4) - } { + (5) + } All fees collected by the clerk
under this section shall be deposited with the State Court
Administrator. All fees collected under this section shall be
distributed in the manner provided by ORS 9.574.
' { - (5) - } { + (6) + } Ten percent of the funds deposited
with the State Court Administrator under this section shall be
transferred by the State Court Administrator on a monthly basis
to the State Department of Agriculture, until such time as the
amount specified under subsection { - (6) - } { + (7) + } of
this section has been transferred to the State Department of
Agriculture for the biennium. Moneys transferred to the State
Department of Agriculture under this section are continuously
appropriated to the department and may be used by the department
only for the purpose of funding mediation programs established by
the department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the director of the Mark O. Hatfield School
of Government in establishing and operating mediation programs
funded under this subsection.
' { - (6) - } { + (7) + } The amount transferred by the
State Court Administrator to the State Department of Agriculture
under subsection { - (5) - } { + (6) + } of this section may
not exceed $150,000 in any biennium.
' { + SECTION 2. + } { + The amendments to ORS 21.480 by
section 1 of this 2007 Act apply to court filings made on or
after July 1, 2007. + }
' { + SECTION 3. + } ORS 21.480, as amended by section 1 of
this 2007 Act, is amended to read:
' 21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
' (2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
' (a) { - $11.50 - } { + $13 + }, for filings in the small
claims department of a circuit court if the amount or value
claimed does not exceed $1,500, and { - $12 - } { + $16 + }
if the amount or value claimed exceeds $1,500.
' (b) $18, upon the filing of a complaint that is subject to
the filing fee established under ORS 105.130 (2). If the
defendant demands a trial, the clerk shall collect a fee of $38
from the defendant, and an additional fee of $21 from the
plaintiff. In no event shall the plaintiff in an action subject
to the filing fee established under ORS 105.130 be required to
pay a total fee of more than $39 under the provisions of this
subsection.
' (c) $33, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
' (d) { - $27.50 - } { + $55 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (1).
' (e) { - $37.50 - } { + $45 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
' (f)(A) { - $41.50 - } { + $83 + }, upon the filing of a
petition in a probate proceeding that is subject to the fees
provided in ORS 21.310 and in which the amount of the estate is
more than $100,000 and less than $500,000.
' (B) { - $47.50 - } { + $95 + }, upon the filing of a
petition in a probate proceeding that is subject to the fees
provided in ORS 21.310 and in which the amount of the estate is
$500,000 or more and less than $1 million.
' (C) { - $53 - } { + $106 + }, upon the filing of a
petition in a probate proceeding that is subject to the fees
provided in ORS 21.310 and in which the amount of the estate is
$1 million or more.
' (g) { - $50 - } { + $100 + }, for petitions subject to
the filing fee established under ORS 36.615.
' (h) $38, for any other filings in a circuit court not
specifically provided for in this subsection, including all
adoption proceedings and change of name proceedings.
' (3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of { - $69 - }
{ + $83.50 + } from an appellant or petitioner whenever a
filing fee is collected under ORS 21.010 and a fee of
{ - $32 - } { + $48.50 + } from each respondent whenever an
appearance fee is collected under ORS 21.010.
' (4) In addition to the fees provided for in ORS 21.040, the
State Court Administrator shall collect a fee of { - $6 - }
{ + $11 + } from a petitioner whenever a filing fee is collected
under ORS 21.040 and a fee of { - $3 - } { + $6 + } from each
defendant or respondent whenever an appearance fee is collected
under ORS 21.040.
' (5) All fees collected by the clerk under this section shall
be deposited with the State Court Administrator. All fees
collected under this section shall be distributed in the manner
provided by ORS 9.574.
' (6) Ten percent of the funds deposited with the State Court
Administrator under this section shall be transferred by the
State Court Administrator on a monthly basis to the State
Department of Agriculture, until such time as the amount
specified under subsection (7) of this section has been
transferred to the State Department of Agriculture for the
biennium. Moneys transferred to the State Department of
Agriculture under this section are continuously appropriated to
the department and may be used by the department only for the
purpose of funding mediation programs established by the
department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the director of the Mark O. Hatfield School
of Government in establishing and operating mediation programs
funded under this subsection.
' (7) The amount transferred by the State Court Administrator
to the State Department of Agriculture under subsection (6) of
this section may not exceed $150,000 in any biennium.
' { + SECTION 4. + } { + The amendments to ORS 21.480 by
section 3 of this 2007 Act apply to court filings made on or
after July 1, 2008. + }
'
{ + COURT FACILITIES PLANNING COMMISSION + }
' { + SECTION 5. + } { + (1) A Court Facilities Planning
Commission is created. The commission consists of 16 members to
be appointed as follows:
' (a) The Governor shall appoint four members, of which at
least three must be representatives of businesses.
' (b) The President of the Senate shall appoint two members who
are Senators at the time of appointment and who are not from the
same political party. The Speaker of the House of Representatives
shall appoint two members who are Representatives at the time of
appointment and who are not from the same political party. A
member appointed under this paragraph ceases to be a member of
the commission upon ceasing to be a member of the Legislative
Assembly.
' (c) The Chief Justice of the Supreme Court shall appoint two
members.
' (d) The Association of Oregon Counties shall appoint four
members.
' (e) The Board of Governors of the Oregon State Bar shall
appoint two members.
' (2) The commission shall first meet not later than September
1, 2007.
' (3) The commission shall elect one of its members to serve as
chairperson and one member to serve as vice chairperson, to
perform such functions as the commission may prescribe.
' (4) Legislative members of the commission are entitled to
payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative
Assembly.
' (5) The Oregon Department of Administrative Services shall
provide staff support and administrative services as needed by
the commission.
' (6) The commission may accept contributions of funds and
assistance from the United States Government or its agencies or
from any other source, public or private, and agree to conditions
thereon not inconsistent with the purposes of the commission. All
such funds are to aid in financing the functions of the
commission and shall be deposited in the General Fund of the
State Treasury to the credit of separate accounts for the
commission and shall be disbursed for the purpose for which
contributed in the same manner as funds appropriated for the
commission. + }
' { + SECTION 6. + } { + (1) The Court Facilities Planning
Commission created under section 5 of this 2007 Act shall study
and make recommendations on minimum standards for suitable and
sufficient state court facilities to be constructed or renovated
with state financial assistance. In developing recommendations,
the commission shall consider the financial circumstances of the
community in which the state court facilities are located and the
physical condition of other facilities in the building in which
the state court facilities are located. Each county and each
circuit court trial court administrator shall cooperate with the
commission in assessing the physical condition of state court
facilities in the county and in identifying the costs of
complying with the recommended minimum standards.
' (2) The commission shall study and make recommendations on
criteria for prioritizing proposals for improvements to state
court facilities.
' (3) The commission shall prepare a detailed assessment of the
costs of implementing changes in state court facilities in order
to comply with the commission's recommendations on minimum
standards for suitable and sufficient state court facilities. The
assessment shall address both current and future courtroom needs
in state court facilities. The assessment shall include
recommendations on the cost-effectiveness of using new judicial
facilities in some judicial districts in lieu of existing court
facilities.
' (4) The commission shall make recommendations on establishing
a permanent state court facilities commission with authority to
allocate funds to court facility improvement projects, make
legislative recommendations on court facility improvements and
perform such other functions as may be appropriate for the
continued maintenance of state court facilities. + }
' { + SECTION 7. + } { + The Court Facilities Planning
Commission shall report to the Seventy-fifth Legislative Assembly
in the manner provided by ORS 192.245. The report shall contain
all findings and recommendations made by the commission under
section 6 of this 2007 Act. + }
' { + SECTION 8. + } { + Sections 5, 6 and 7 of this 2007
Act are repealed January 2, 2010. + }
'
{ + FILING FEE SURCHARGES + }
' { + SECTION 9. + } { + (1)(a) In addition to the fees
provided for in ORS 21.110 (1), for the period commencing July 1,
2007, and ending June 30, 2009, 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 $5. In
addition, 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, the clerk shall collect from
the party or parties a surcharge of $4.
' (b) In addition to the fees provided for in ORS 21.110 (2),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the circuit court shall collect a surcharge of $3
from the plaintiff, appellant or moving party, and shall collect
a surcharge of $3 from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, in the actions described in ORS 21.110 (2).
' (2)(a) In addition to the fees provided for in ORS 21.111
(1), for the period commencing July 1, 2007, and ending June 30,
2009, in the proceedings specified in ORS 21.111 (2) the clerk of
the circuit court shall collect a surcharge of $5 from the
petitioner at the time the petition is filed, and shall collect a
surcharge of $3 from the respondent upon the respondent making an
appearance.
' (b) In addition to the fees provided for in ORS 21.111 (3),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the circuit court shall collect from the moving
party a surcharge of $3 at the time of the filing of a motion for
the modification of a decree of marital annulment, dissolution or
separation, if the motion is filed more than one year after the
entry of the decree in the register of the court.
' (3) In addition to the fees provided for ORS 21.114 (1), for
the period commencing July 1, 2007, and ending June 30, 2009, the
clerk of the court shall charge and collect:
' (a) In an adoption proceeding, a surcharge of $2 from the
party filing the petition for adoption, and a surcharge of $1
from an objecting party appearing separately or objecting parties
appearing jointly.
' (b) In a change of name proceeding, a surcharge of $2 from
the party filing the application for change of name, and a
surcharge of $1 from an objecting party appearing separately or
objecting parties appearing jointly.
' (4) In addition to the fee provided for in ORS 21.114 (3),
for the period commencing July 1, 2007, and ending June 30, 2009,
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 $2.
' (5)(a) In addition to the trial fee provided for in ORS
21.270 (2), for the period commencing July 1, 2007, and ending
June 30, 2009, 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 $4 for
each full or partial day of the trial.
' (b) In addition to the jury trial fee provided for in ORS
21.270 (3), for the period commencing July 1, 2007, and ending
June 30, 2009, 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 $10 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 $6 for each full or partial day of the
trial.
' (6) In addition to the hearing fee provided for in ORS 21.275
(3), for the period commencing July 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge on
the hearing fee of $2 if the hearing period is not more than
three hours or $4 if the hearing period is more than three hours.
' (7)(a) In addition to the fees provided for in ORS 21.310
(1), for the period commencing July 1, 2007, and ending June 30,
2009, the clerk of the 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 - a surcharge of $1.
2. More than $10,000 and not more than $25,000 - a surcharge of
$4.
3. More than $25,000 and not more than $50,000 - a surcharge of
$8.
4. More than $50,000 and not more than $100,000 - a surcharge
of $12.
5. More than $100,000 and not more than $500,000 - a surcharge
of $15.
6. More than $500,000 and not more than $1,000,000 - a
surcharge of $19.
7. More than $1,000,000 - a surcharge of $23. + }
]
________________________________________________________________
' { + (b) In addition to the fee provided for in ORS 21.310
(3), for the period commencing July 1, 2007, and ending June 30,
2009, the clerk shall charge and collect a surcharge of $1 for
the filing of the initial papers in any guardianship proceeding.
' (c) In addition to the fee provided for in ORS 21.310 (5),
for the period commencing July 1, 2007, and ending June 30, 2009,
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
surcharge of $1 to the clerk.
' (d) In addition to the fee provided for in ORS 21.310 (7),
for the period commencing July 1, 2007, and ending June 30, 2009,
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 surcharge on the trial or hearing fee of $2.
' (8) In addition to the fees provided for in ORS 21.325 (3),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the court shall charge and collect in advance a
surcharge of $2 for the filing of a copy of foreign judgment and
affidavit filed as provided in ORS 24.115 and 24.125 or the
filing of a copy of child custody determination of another state
filed as provided in ORS 109.787.
' (9) In addition to the fee provided for in ORS 34.340, for
the period commencing July 1, 2007, and ending June 30, 2009, the
clerk of the court shall collect a surcharge of $1 upon the
filing of a petition for a writ of habeas corpus.
' (10) In addition to the fees provided for in ORS 36.520 (5),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the circuit court shall collect from the party
making application for setting aside under ORS 36.520 (1) a
surcharge of $2 and from a party filing an appearance in
opposition to the application a surcharge of $1.
' (11) In addition to the fees provided for in ORS 36.522 (3),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the circuit court shall charge and collect a
surcharge of $1 for the filing of an arbitral award or
application for enforcement of an arbitral award under ORS
36.522.
' (12) In addition to the fees provided for in ORS 36.524 (1),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the circuit court shall charge and collect a
surcharge of $1 for the filing under ORS 36.524 (1).
' (13) In addition to the fee provided for in ORS 36.615
(1)(b), for the period commencing July 1, 2007, and ending June
30, 2009, the clerk of the circuit court shall charge and collect
a surcharge of $2 upon the filing of a petition to seek
confirmation, vacation, modification or correction of an award
under ORS 36.700, 36.705 or 36.710, and a surcharge of $1 from a
person filing an appearance in opposition to the petition.
' (14) In addition to the fees provided for in ORS 46.570 (1),
for the period commencing July 1, 2007, and ending June 30, 2009,
in the small claims department of a circuit court the clerk of
the court shall charge and collect:
' (a) A $1 surcharge when a plaintiff files a claim and the
amount or value claimed does not exceed $1,500;
' (b) A $3 surcharge when a plaintiff files a claim and the
amount or value claimed exceeds $1,500;
' (c) A $1 surcharge when a defendant demands a hearing and the
amount or value claimed by plaintiff does not exceed $1,500; and
' (d) A $2 surcharge when a defendant demands a hearing and the
amount or value claimed by plaintiff exceeds $1,500.
' (15)(a) In addition to the fees provided for in ORS 105.130
(2), for the period commencing July 1, 2007, and ending June 30,
2009, upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall collect a surcharge
of $1.
' (b) In addition to the fees provided for in ORS 105.130 (3),
for the period commencing July 1, 2007, and ending June 30, 2009,
if the defendant demands a trial after a complaint is filed under
ORS 105.130 (2), the plaintiff shall pay a surcharge of $2.
' (16) In addition to the fee provided for in ORS 107.434 (1),
for the period commencing July 1, 2007, and ending June 30, 2009,
the court shall charge a surcharge of $3 upon the filing of a
motion seeking enforcement of a parenting time order.
' (17) In addition to the fee provided for in ORS 112.820
(1)(d), for the period commencing July 1, 2007, and ending June
30, 2009, the clerk of the probate court shall charge and collect
a surcharge of $1 for filing of an affidavit under ORS 112.820
(1).
' (18) In addition to the fee provided for in ORS 114.515 (6),
for the period commencing July 1, 2007, and ending June 30, 2009,
the clerk of the probate court shall charge and collect a
surcharge of $1 upon the filing of an affidavit under ORS
114.515.
' (19) In addition to the fee provided for in ORS 130.200
(8)(a), for the period commencing July 1, 2007, and ending June
30, 2009, the clerk of the circuit court shall charge and collect
in advance a surcharge of $3 for the filing of an agreement or
memorandum of agreement under ORS 130.200 (6) and a surcharge of
$2 for the filing of objections under ORS 130.200 (7).
' (20) In addition to the fee provided for in ORS 138.560, for
the period commencing July 1, 2007, and ending June 30, 2009, a
petitioner shall pay a surcharge of $1 at the time of filing a
petition under ORS 138.560.
' (21) In addition to the fee provided for in ORS 166.274, for
the period commencing July 1, 2007, and ending June 30, 2009, the
clerk of the court shall collect a surcharge of $5 for the filing
of a petition for relief under ORS 166.274.
' (22) In addition to the fee provided for in ORS 419B.555 (6),
for the period commencing July 1, 2007, and ending June 30, 2009,
the court shall charge and collect a surcharge of $4 for each
application for emancipation under ORS 419B.555. + }
' { + SECTION 10. + } { + All funds collected under the
surcharges imposed by section 9 of this 2007 Act are appropriated
to the State Court Administrator and may be used by the State
Court Administrator only for the purpose of paying the costs of
the Court Facilities Planning Commission created under section 5
of this 2007 Act. + }
'
{ + LOTTERY FUNDS + }
' { + SECTION 11. + } ORS 461.540 is amended to read:
' 461.540. (1) There hereby is established in the General Fund
of the State Treasury the Administrative Services Economic
Development Fund. All moneys transferred from the State Lottery
Fund, interest earnings credited to this fund and other moneys
authorized to be transferred to this fund from whatever source
are appropriated continuously for any of the following public
purposes:
' (a) Creating jobs;
' (b) Furthering economic development in Oregon; or
' (c) Financing public education.
' (2) Moneys shall be transferred from the Administrative
Services Economic Development Fund to the Education Stability
Fund established under ORS 348.696 as described in section 4,
Article XV of the Oregon Constitution.
' (3) As used in this section and section 4, Article XV of the
Oregon Constitution:
' (a) 'Creating jobs' includes, but is not limited to:
' (A) Supporting the creation of new jobs in Oregon;
' (B) Helping prevent the loss of existing jobs in Oregon;
' (C) Assisting with work transition to new jobs in Oregon; or
' (D) Training or retraining workers.
' (b) 'Education' includes, but is not limited to, the
Education Stability Fund established under ORS 348.696 and
specific programs that support the following:
' (A) Prekindergartens;
' (B) Elementary and secondary schools;
' (C) Community colleges;
' (D) Higher education;
' (E) Continuing education;
' (F) Workforce training and education programs; or
' (G) Financial assistance to Oregon students.
' (c) 'Furthering economic development' includes, but is not
limited to, providing:
' (A) Services or financial assistance to for-profit and
nonprofit businesses located or to be located in Oregon;
' (B) Services or financial assistance to business or industry
associations to promote, expand or prevent the decline of their
businesses;
' { + (C) Services or financial assistance for construction
or renovation of state court facilities; + } or
' { - (C) - } { + (D) + } Services or financial assistance
for facilities, physical environments or development projects, as
defined in ORS 285B.410, that benefit Oregon's economy.
'
{ + CERTIFICATES OF PARTICIPATION + }
' { + SECTION 12. + } ORS 283.085 is amended to read:
' 283.085. As used in ORS 283.085 to 283.092, 286.515 and
286.525:
' (1) 'Available funds' means funds appropriated or otherwise
made available by the Legislative Assembly to pay amounts due
under a financing agreement for the fiscal period in which the
payments are due, together with any unexpended proceeds of the
financing agreement, and any reserves or other amounts which have
been deposited in trust to pay amounts due under the financing
agreement.
' (2) 'Credit enhancement agreement' means any agreement or
contractual relationship between the state and any bank, trust
company, insurance company, surety bonding company, pension fund
or other financial institution providing additional credit on or
security for a financing agreement or certificates of
participation authorized by ORS 283.085 to 283.092, 286.515 and
286.525.
' (3) 'Director' means the Director of the Oregon Department of
Administrative Services.
' (4)(a) 'Financing agreement' means a lease purchase
agreement, an installment sale agreement, a loan agreement or any
other agreement:
' (A) To finance real or personal property that is or will be
owned and operated by the state or any of its agencies;
' (B) To finance infrastructure related to a facility that is
owned and operated by the state;
' (C) To finance infrastructure components that are owned or
operated by a local government agency of this state if the
director determines that financing the infrastructure will
facilitate the construction or operation of an adult or juvenile
corrections facility or a public safety training facility owned
and operated by the state or any of its agencies;
' (D) To finance all or a portion of the state's pension
liabilities for retirement, health care or disability benefits,
in an amount that produces net proceeds that do not exceed the
State Treasurer's estimate of those liabilities based on
information provided to the State Treasurer by the Public
Employees Retirement System;
' { + (E) To finance all or a portion of the costs of
construction or renovation of state court facilities; + } or
' { - (E) - } { + (F) + } To refinance previously executed
financing agreements.
' (b) As used in this subsection, 'infrastructure' includes,
but is not limited to, sewer and water systems and road
improvements.
' (5) 'Personal property' means tangible personal property,
software and fixtures.
' (6) 'Property rights' means, with respect to personal
property, the rights of a secured party under ORS chapter 79,
and, with respect to real property, the rights of a trustee or
lender under a lease authorized by ORS 283.089 (5).
' (7) 'Software' means software and training and maintenance
contracts related to the operation of computing equipment.
' (8) 'Treasurer' means the State Treasurer.
'
{ + SEISMIC REHABILITATION + }
' { + SECTION 13. + } ORS 401.300 is amended to read:
' 401.300. (1) The Director of the Office of Emergency
Management, pursuant to the authority to administer grant
programs for seismic rehabilitation provided in ORS 401.270,
shall develop a grant program for the disbursement of funds for
the seismic rehabilitation of critical public buildings,
including hospital buildings with acute inpatient care
facilities, fire stations, police stations, sheriffs' offices,
{ + court facilities, + } other facilities used by state,
county, district or municipal law enforcement agencies and
buildings with a capacity of 250 or more persons that are
routinely used for student activities by kindergarten through
grade 12 public schools, community colleges, education service
districts and institutions of higher education. The funds for
the seismic rehabilitation of critical public buildings under the
grant program are to be provided from the issuance of bonds
pursuant to the authority provided in Articles XI-M and XI-N of
the Oregon Constitution.
' (2) The grant program shall include the appointment of a
grant committee. The grant committee may be composed of any
number of persons with qualifications that the director
determines necessary. However, the director shall include persons
with experience in administering state grant programs and
representatives of entities with responsibility over critical
public buildings. The director shall also include as permanent
members representatives of:
' (a) The Department of Human Services;
' (b) The State Department of Geology and Mineral Industries;
' (c) The Seismic Safety Policy Advisory Commission; and
' (d) The Oregon Department of Administrative Services.
' (3) The director shall determine the form and method of
applying for grants from the grant program, the eligibility
requirements for grant applicants, and general terms and
conditions of the grants. The director shall also provide that
the grant committee review grant applications and make a
determination of funding based on a scoring system that is
directly related to the statewide needs assessment performed by
the State Department of Geology and Mineral Industries.
Additionally, the grant process may:
' (a) Require that the grant applicant provide matching funds
for completion of any seismic rehabilitation project.
' (b) Provide authority to the grant committee to waive
requirements of the grant program based on special circumstances
such as proximity to fault hazards, community value of the
structure, emergency functions provided by the structure and
storage of hazardous materials.
' (c) Allow an applicant to appeal any determination of grant
funding to the director for reevaluation.
' (d) Provide that applicants release the state, the director
and the grant committee from any claims of liability for
providing funding for seismic rehabilitation.
' (e) Provide separate rules for funding rehabilitation of
structural and nonstructural building elements.
' (4) Subject to the grant rules established by the director
and subject to reevaluation by the director, the grant committee
has the responsibility to review and make determinations on grant
applications under the grant program established pursuant to this
section.
'
{ + MISCELLANEOUS + }
' { + SECTION 14. + } ORS 9.574 is amended to read:
' 9.574. All fees collected under the provisions of ORS 21.480
shall be deposited with the State Court Administrator. Within
the first 25 days of the month following the month in which the
fees are collected, the State Court Administrator shall make the
distribution required by ORS 21.480 { - (5) - } { + (6) + }.
The remaining funds deposited with the State Court Administrator
shall be deposited by the State Court Administrator with the
Oregon State Bar. All amounts so deposited with the Oregon State
Bar are continuously appropriated to the Oregon State Bar, and
may be used only for the funding of legal services provided
through the Legal Services Program established under ORS 9.572
and for expenses incurred by the Oregon State Bar in the
administration of the Legal Services Program.
' { + SECTION 15. + } { + The unit captions used in this
2007 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 2007 Act. + }
' { + SECTION 16. + } { + 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. + } ' .
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