74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to A-Eng. HB 2331
LC 1039/HB 2331-A8
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2331
By JOINT COMMITTEE ON WAYS AND MEANS
June 22
On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and line 3 and insert '1.202, 18.999,
20.190, 21.010, 21.110, 21.111, 21.114, 21.325, 21.350, 21.480,
36.170, 36.520, 36.615, 46.570 and 105.130; appropriating money;
and declaring an emergency.'.
Delete lines 5 through 23 and delete pages 2 through 11 and
insert:
'
{ + RESPONDENT FEE INCREASES + }
' { + SECTION 1. + } ORS 21.010, as amended by section 3,
chapter 702, Oregon Laws 2005, and section 33, chapter 843,
Oregon Laws 2005, 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 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 - } { + $154 + }. 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 (9) 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.
' { + SECTION 2. + } ORS 21.110, as amended by section 11,
chapter 702, Oregon Laws 2005, 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 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 - } { + $107 + } as a flat and uniform filing fee.
' (2) In the following actions, the clerk of the circuit court
shall collect the sum of $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 - } { +
$68 + } 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;
' (c) Filiation proceedings under ORS 109.124 to 109.230;
' (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.
' { + SECTION 3. + } ORS 21.111, as amended by section 15,
chapter 702, Oregon Laws 2005, 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 as a flat and uniform filing fee from the petitioner
at the time the petition is filed, and shall collect the sum of
{ - $51 - } { + $80 + } as a flat and uniform filing fee from
the respondent upon the respondent making an appearance.
' (2) The filing { - fee - } { + fees + } established by
subsection (1) of this section shall be collected by the clerk in
the following proceedings:
' (a) Proceedings for dissolution of marriage, annulment of
marriage or separation.
' (b) Filiation proceedings under ORS 109.124 to 109.230.
' (c) Proceedings to determine custody or support of a child
under ORS 109.103.
' (3) In addition to all other fees collected, the clerk of the
circuit court shall collect from the moving party a fee of $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 - } { + $40 + } 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.
' { + SECTION 4. + } ORS 21.114, as amended by section 19,
chapter 702, Oregon Laws 2005, 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
from the party filing the petition for adoption, and a first
appearance fee of { - $23 - } { + $39 + } from an objecting
party appearing separately or objecting parties appearing
jointly.
' (b) In a change of name proceeding, a first appearance fee of
$39 from the party filing the application for change of name, and
a first appearance fee of { - $23 - } { + $39 + } 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 $39.
' { + SECTION 5. + } ORS 36.520, as amended by section 43,
chapter 702, Oregon Laws 2005, 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 $39 and from a party filing an
appearance in opposition to the application a filing fee of
{ - $23 - } { + $39 + }. 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.
' { + SECTION 6. + } ORS 36.615, as amended by section 47,
chapter 702, Oregon Laws 2005, 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 $39,
and a person filing an appearance in opposition to the petition
must pay a filing fee of { - $23 - } { + $39 + }.
' (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.
' { + SECTION 7. + } ORS 46.570, as amended by section 51,
chapter 702, Oregon Laws 2005, 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 when the amount or value
claimed does not exceed $1,500, and $55 when the amount or value
claimed exceeds $1,500; and
' (B) Defendant demanding a hearing, { - $21 - }
{ + $24 + } when the amount or value claimed by plaintiff does
not exceed $1,500, and
{ - $43 - } { + $50 + } when the amount or value claimed by
plaintiff exceeds $1,500.
' (b) Transcription of judgment from small claims department,
$7.
' (c) Transfer of cause to circuit court on counterclaim, $12.
' (2) Except as otherwise provided in subsection (1) of this
section, fees provided for in this section shall be collected in
advance. A paper or pleading shall be filed by the clerk only if
the required fee is paid or if a request for a fee waiver or
deferral is granted by the court. Fees provided for in this
section may not be refunded.
' { + SECTION 8. + } ORS 105.130, as amended by section 55,
chapter 702, Oregon Laws 2005, 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 $13;
' (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 $29 and the defendant shall pay a
filing fee of { - $33 - } { + $42 + }.
' (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.
' { + SECTION 9. + } { + The amendments to ORS 21.010,
21.110, 21.111, 21.114, 36.520, 36.615, 46.570 and 105.130 by
sections 1 to 8 of this 2007 Act apply only to filings made on or
after September 1, 2007. + }
'
{ + FEES FOR WRITS OF GARNISHMENT + }
' { + SECTION 10. + } ORS 21.325, as amended by section 35,
chapter 702, Oregon Laws 2005, is amended to read:
' 21.325. 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) Making transcription of a judgment entered in the
register, $7.
' (2) Filing and entering transcript of judgment, $7.
' (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,
$39.
' (4) Issuing writs of execution or writs of garnishment,
{ - $7 - } { + $12 + } for each writ.
' (5) Preparing a certified copy of a satisfaction document
under ORS 18.225 (5), $6.
' (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.
' (7) Issuing notices of restitution as provided in ORS
105.151, $3 for each notice.
' (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.
' { + SECTION 11. + } ORS 18.999, as amended by section 31 of
this 2007 Act, is amended to read:
' 18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 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.
' (C) Circuit court fees as provided under ORS 21.325.
' (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 { - $7 - } { + $12 + } for each
garnishment.
' (I) Costs of an execution sale as described in ORS 18.950
(2).
' (J) Fees paid under section 29 of this 2007 Act for motions
and responses to motions filed after entry of a judgment.
' (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
18.854.
' { + SECTION 12. + } { + The amendments to ORS 18.999 and
21.325 by sections 10 and 11 of this 2007 Act apply only to writs
of execution and writs of garnishment issued on or after
September 1, 2007. + }
'
{ + LAW LIBRARY FEES + }
' { + SECTION 13. + } ORS 21.350 is amended to read:
' 21.350. (1) In counties containing more than 400,000
inhabitants, according to the latest federal decennial census, or
when directed as provided in ORS 9.840, the clerk of the court
shall collect in each civil suit, action or proceeding filed in
the circuit or county court a law library fee determined by the
county court or board of county commissioners in an amount not
greater than { - 33 - } { + 28 + } percent of the filing fee
provided by law, except that the amount shall be rounded up to
the next full dollar.
' (2) The fees provided for in this section shall be collected
in the same manner as other fees are collected in the suit,
action or proceeding, and is in addition to the other fees
provided by law.
' (3) The fee provided in subsection (1) of this section may be
collected if the county owns and maintains, or hereafter may
acquire, own or maintain under the provisions of ORS 9.840 and
9.850, a law library at the county seat, available at all
reasonable times to the use of litigants, and permitted to be
used by all attorneys at law duly admitted to practice in this
state, without additional fees to such litigants or attorneys.
' (4) For the purpose of imposing the law library fee provided
for in this section in cases that are subject to the filing fees
established by ORS 105.130, the percentage figure provided for
under subsection (1) of this section shall be applied to the sum
of the fee established by ORS 105.130 (2) and the surcharge
established under ORS 105.130 (6). If the defendant demands a
trial in the action, the percentage figure provided for under
subsection (1) of this section shall be applied to the additional
filing fee required of the plaintiff under ORS 105.130 (3), and
to the sum of the filing fee required of the defendant under ORS
105.130 (3) and the surcharge established under ORS 105.130 (6).
' { + SECTION 14. + } { + The amendments to ORS 21.350 by
section 13 of this 2007 Act apply only to court filings made on
or after September 1, 2007. + }
'
{ + FILING FEE SURCHARGES + }
' { + SECTION 15. + } { + (1) In addition to the fees
provided for in ORS 21.010 (1), for the period commencing
September 1, 2007, and ending June 30, 2009, at the time of
filing a response in the Court of Appeals or the Supreme Court,
the State Court Administrator shall collect a surcharge of $8.
' (2)(a) In addition to the fees provided for in ORS 21.110
(1), for the period commencing September 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 September 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).
' (3)(a) In addition to the fees provided for in ORS 21.111
(1), for the period commencing September 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 September 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.
' (4) In addition to the fees provided for ORS 21.114 (1), for
the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall 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.
' (5) In addition to the fee provided for in ORS 21.114 (3),
for the period commencing September 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 collect 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.
' (6)(a) In addition to the trial fee provided for in ORS
21.270 (2), for the period commencing September 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 September 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.
' (7) In addition to the hearing fee provided for in ORS 21.275
(3), for the period commencing September 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.
' (8)(a) In addition to the fees provided for in ORS 21.310
(1), for the period commencing September 1, 2007, and ending June
30, 2009, the clerk of the court shall 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 September 1, 2007, and ending June
30, 2009, the clerk shall 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 September 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 September 1, 2007, and ending June 30,
2009, the clerk shall collect 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.
' (9) In addition to the fees provided for in ORS 21.325 (3),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect 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.
' (10) In addition to the fee provided for in ORS 34.340, for
the period commencing September 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.
' (11) In addition to the fees provided for in ORS 36.520 (5),
for the period commencing September 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.
' (12) In addition to the fee provided for in ORS 36.522 (3),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$1 for the filing of an arbitral award or application for
enforcement of an arbitral award under ORS 36.522.
' (13) In addition to the fee provided for in ORS 36.524 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the circuit court shall collect a surcharge of
$1 for the filing under ORS 36.524 (1).
' (14) In addition to the fee provided for in ORS 36.615
(1)(b), for the period commencing September 1, 2007, and ending
June 30, 2009, the clerk of the circuit court shall 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.
' (15) In addition to the fees provided for in ORS 46.570 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, in the small claims department of a circuit court the clerk
of the court shall collect:
' (a) A $1 surcharge when a plaintiff files a claim and the
amount or value claimed does not exceed $1,500;
' (b) A $2 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 the plaintiff does not exceed $1,500;
and
' (d) A $2 surcharge when a defendant demands a hearing and the
amount or value claimed by the plaintiff exceeds $1,500.
' (16)(a) In addition to the fees provided for in ORS 105.130
(2), for the period commencing September 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 of the court shall
collect a surcharge of $3.
' (b) In addition to the fees provided for in ORS 105.130 (3),
for the period commencing September 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.
' (17) In addition to the fee provided for in ORS 107.434 (1),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect a surcharge of $3 upon
the filing of a motion seeking enforcement of a parenting time
order or a substantial violation of a parenting plan.
' (18) In addition to the fee provided for in ORS 112.820
(1)(d), for the period commencing September 1, 2007, and ending
June 30, 2009, the clerk of the probate court shall collect a
surcharge of $1 for filing of an affidavit under ORS 112.820 (1).
' (19) In addition to the fee provided for in ORS 114.515 (6),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the probate court shall collect a surcharge of
$1 upon the filing of an affidavit under ORS 114.515.
' (20) In addition to the fee provided for in ORS 130.200
(8)(a), for the period commencing September 1, 2007, and ending
June 30, 2009, the clerk of the circuit court shall collect 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).
' (21) In addition to the fee provided for in ORS 138.560, for
the period commencing September 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.
' (22) In addition to the fee provided for in ORS 166.274, for
the period commencing September 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.
' (23) In addition to the fee provided for in ORS 419B.555 (6),
for the period commencing September 1, 2007, and ending June 30,
2009, the clerk of the court shall collect a surcharge of $4 for
each application for emancipation under ORS 419B.555. + }
'
{ + PREVAILING PARTY FEES + }
' { + SECTION 16. + } 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, $275; or
' (B) When judgment is given after trial of an issue of law or
fact, $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, { - $75 - } { + $85 + }; or
' (B) When judgment is given after trial of an issue of law or
fact, $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.
' (c) Proceedings under the provisions of ORS chapters 25, 107,
108, 109 and 110.
' (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 17. + } { + The amendments to ORS 20.190 by
section 16 of this 2007 Act apply only to judgments entered on or
after September 1, 2007. + }
'
{ + INTERIM COMMITTEE ON COURT FACILITIES + }
' { + SECTION 18. + } { + (1) There is created the Interim
Committee on Court Facilities, consisting of members appointed by
the President of the Senate and the Speaker of the House of
Representatives. The Chief Justice of the Supreme Court, the
Association of Oregon Counties and the Oregon State Bar shall
designate liaisons to the committee.
' (2) The interim committee shall evaluate the status of state
court facilities, make recommendations to the Seventy-fifth
Legislative Assembly on standards for reasonable and sufficient
court facilities and the cost of meeting those standards, and
develop a proposal for ensuring that needed improvements to court
facilities are made.
' (3) A majority of the members of the interim committee
constitutes a quorum for the transaction of business.
' (4) Official action by the interim committee requires the
approval of a majority of the members of the interim committee.
' (5) The interim committee shall elect one of its members to
serve as chairperson.
' (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (7) The interim committee shall meet at times and places
specified by the call of the chairperson or of a majority of the
members of the interim committee.
' (8) The interim committee may adopt rules necessary for the
operation of the interim committee.
' (9) The interim committee shall report to the Legislative
Assembly in the manner provided in ORS 192.245 at any time within
30 days after its final meeting or at such later time as the
President and Speaker may designate.
' (10) The Legislative Administrator may employ persons
necessary for the performance of the functions of the interim
committee. The administrator shall fix the duties and amounts of
compensation of these employees. The interim committee shall use
the services of permanent legislative staff to the greatest
extent practicable.
' (11) All agencies of state government, as defined in ORS
174.111, are directed to assist the interim committee in the
performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and
advice as the members of the interim committee consider necessary
to perform their duties. The Oregon Department of Administrative
Services shall provide technical support to the committee. + }
' { + SECTION 19. + } { + Section 18 of this 2007 Act is
repealed on the date of the convening of the next regular
biennial legislative session. + }
' { + SECTION 20. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Legislative
Administration Committee, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $600,000, which may
be expended for the costs of the Interim Committee on Court
Facilities created under section 18 of this 2007 Act. + }
'
{ + INTERIM COMMITTEE ON COURT TECHNOLOGY + }
' { + SECTION 21. + } { + (1) There is created the Interim
Committee on Court Technology, consisting of members appointed by
the President of the Senate and the Speaker of the House of
Representatives. The Chief Justice of the Supreme Court and the
Oregon State Bar shall designate liaisons to the committee.
' (2) The interim committee shall evaluate the technology
transition plan of the Judicial Department and shall make
recommendations at the next regular or special session of the
Legislative Assembly on the department's strategic plan,
deliverables under the plan, costs of the plan, funding of the
plan and oversight of the department's technology initiatives.
' (3) A majority of the members of the interim committee
constitutes a quorum for the transaction of business.
' (4) Official action by the interim committee requires the
approval of a majority of the members of the interim committee.
' (5) The interim committee shall elect one of its members to
serve as chairperson.
' (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (7) The interim committee shall meet at times and places
specified by the call of the chairperson or of a majority of the
members of the interim committee.
' (8) The interim committee may adopt rules necessary for the
operation of the interim committee.
' (9) The interim committee shall report to the Legislative
Assembly in the manner provided in ORS 192.245 at any time within
30 days after its final meeting or at such later time as the
President and Speaker may designate.
' (10) The Legislative Administrator may employ persons
necessary for the performance of the functions of the interim
committee, including but not limited to a technical expert to
assist the committee in evaluating the Judicial Department's
technology transition plan and making recommendations on the plan
and its implementation. The administrator shall fix the duties
and amounts of compensation of these employees. The interim
committee shall use the services of permanent legislative staff
to the greatest extent practicable.
' (11) All agencies of state government, as defined in ORS
174.111, are directed to assist the interim committee in the
performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and
advice as the members of the interim committee consider necessary
to perform their duties. The Oregon Department of Administrative
Services shall provide technical support to the committee. + }
' { + SECTION 22. + } { + Section 21 of this 2007 Act is
repealed on the date of the convening of the next regular
biennial legislative session. + }
' { + SECTION 23. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Legislative
Administration Committee, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $150,000, which may
be expended for the expenses of the Interim Committee on Court
Technology created under section 21 of this 2007 Act. + }
'
{ + LEGAL AID FEES + }
' { + SECTION 24. + } 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 - } { + $10.50 + }, for filings in the
small claims department of a circuit court.
' (b) { - $18 - } { + $20 + }, 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 - } { + $41 + } from the defendant, and an additional
fee of { - $21 - } { + $23 + } 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 - } { + $43 + } under the provisions of
this subsection.
' (c) { - $33 - } { + $35 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
' (d) { - $30 - } { + $32 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
' (e) { - $38 - } { + $41 + }, 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 - }
{ + $58 + } from an appellant or petitioner whenever a filing
fee is collected under ORS 21.010 and a fee of { - $15 - }
{ + $18 + } from each respondent whenever an appearance fee is
collected under ORS 21.010.
' (4) 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) 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) 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) The amount transferred by the State Court Administrator
to the State Department of Agriculture under subsection (5) of
this section may not exceed $150,000 in any biennium.
' { + SECTION 25. + } { + The amendments to ORS 21.480 by
section 24 of this 2007 Act apply only to filings made in circuit
courts on or after July 1, 2009. + }
'
{ + DISPUTE RESOLUTION SURCHARGE + }
' { + SECTION 26. + } ORS 36.170 is amended to read:
' 36.170. (1) The clerks of the circuit courts shall collect a
dispute resolution surcharge at the time a civil action, suit or
proceeding is filed, including appeals. The surcharge shall be
collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
' (a) { - $9 - } { + $6 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (1), 21.310 or any other filing fee not specifically
provided for in this section.
' (b) { - $7 - } { + $5 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2) or 105.130, or if the action is filed in the small
claims department of circuit court and the amount or value
claimed exceeds $1,500.
' (c) { - $5 - } { + $3 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
' (d) { - $3 - } { + $2, + } if the action is filed in the
small claims department of circuit court and the amount or value
claimed does not exceed $1,500.
' (2) All surcharges collected under this section shall be
deposited by the State Court Administrator into the State
Treasury to the credit of the General Fund.
' { + SECTION 27. + } { + The amendments to ORS 36.170 by
section 26 of this 2007 Act apply only to filings made in circuit
courts on or after July 1, 2009. + }
'
{ + FEES ON MOTIONS + }
' { + SECTION 28. + } { + Section 29 of this 2007 Act is
added to and made a part of ORS chapter 21. + }
' { + SECTION 29. + } { + (1) In any action, suit or
proceeding subject to a fee under ORS 21.110, or in any civil
appeal or petition subject to a fee under ORS 21.010, the Chief
Justice of the Supreme Court may require that a $50 fee be paid
at the time of filing a motion identified by the Chief Justice as
being subject to a fee under this section. If the Chief Justice
has identified a motion as being subject to a fee under this
section, the responding party must file a fee of $35 upon the
filing of a response to the motion. The Chief Justice by order
shall identify motions that are subject to fees under this
section.
' (2) The fees provided for in this section may not be
collected from the state, a county, a city or a school district.
' (3) The fees provided for in this section may not be
collected for motions for judgment by voluntary dismissal under
ORCP 54 A(1), for motions for judgment by written stipulation
under ORCP 67 F or for motions for entry of default judgment
under ORCP 69 B(1).
' (4) The fees provided for in this section may not be
collected for motions made to an arbitrator or mediator in an
arbitration or mediation required or offered by a court, or to
any motion relating to an arbitration or mediation required or
offered by a court. + }
' { + SECTION 30. + } { + Section 29 of this 2007 Act
applies only to motions and responses to motions filed on or
after September 1, 2007. + }
' { + SECTION 31. + } ORS 18.999 is amended to read:
' 18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 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.
' (C) Circuit court fees as provided under ORS 21.325.
' (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 $7 for each garnishment.
' (I) Costs of an execution sale as described in ORS 18.950
(2).
' { + (J) Fees paid under section 29 of this 2007 Act for
motions and responses to motions filed after entry of a
judgment. + }
' (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
18.854.
' { + SECTION 32. + } ORS 1.202 is amended to read:
' 1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than { - $25 - } { + $50 + } and not more than { - $50 - }
{ + $100 + } to any judgment that includes a monetary obligation
that the court or judicial branch is charged with collecting. The
fee shall be added to cover the cost of establishing and
administering an account for the debtor and shall be added
without further notice to the debtor or further order of the
court. The fee shall be added only if the court gives the
defendant a period of time in which to pay the obligation after
the financial obligation is imposed. Fees under this subsection
shall be deposited in the General Fund.
' (2) All circuit courts and appellate courts of this state,
and all commissions, departments and divisions of the judicial
branch of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment
referred for collection that includes a monetary obligation that
the state court or the commission, department or division is
charged with collecting. The fee shall be added to cover the
costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary
obligation without further notice to the debtor or further order
of the court. The fee may not exceed the actual costs of
collection charged by the Department of Revenue or private
collection agency. Fees under this subsection shall be deposited
in the Judicial Department Collections Account established under
ORS 1.204 and may be used only for the purposes specified in ORS
1.204.
' (3) A court may not waive or suspend the fees required to be
added to judgments under the provisions of this section.
' { + SECTION 33. + } { + The amendments to ORS 1.202 by
section 32 of this 2007 Act apply only to judgments entered on or
after September 1, 2007. + }
'
{ + MISCELLANEOUS + }
' { + SECTION 34. + } { + 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 35. + } { + 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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