74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to RC to A-Eng. SB 271
 
LC 852/SB 271-A3
 
            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED SENATE BILL 271
 
                    By COMMITTEE ON JUDICIARY
 
                             May 17
 
  On page 17 of the printed A-engrossed bill, after line 29,
insert:
  '  { +  SECTION 18a. + }  { + Notwithstanding section 19,
chapter 129, Oregon Laws 2007 (Enrolled House Bill 2357)
(amending ORS 21.605), if House Bill 2357 becomes law, ORS 21.605
is repealed. + }
  '  { +  SECTION 18b. + } If House Bill 2357 becomes law, ORS
105.130, as amended by section 55, chapter 702, Oregon Laws 2005,
and section 8 of this 2007 Act, 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.
  ' (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) A   { - paper - }   { + document + } or pleading shall be
filed by the clerk only if the fees and surcharges required under
this section are paid by the person filing the   { - paper - }
 { + document + } or pleading or if an application for a waiver
or deferral of fees and court costs is granted by the court under
sections 1 to 7 of this 2007 Act.  Fees and surcharges provided
for in this section may not be refunded.
  '  { +  SECTION 18c. + }  { + If Senate Bill 269 becomes law,
section 15 of this 2007 Act (amending ORS 107.500) is repealed
and ORS 107.500, as amended by section 5, chapter 11, Oregon Laws
2007 (Enrolled Senate Bill 269), is amended to read: + }
  ' 107.500. (1) The State Court Administrator shall prescribe
the content of forms for use under ORS 107.485 and 107.490,
including forms related to the waiver or deferral of fees and
 { +  court + } costs under   { - ORS 21.605 - }  { +  sections 1
to 7 of this 2007 Act + }, and an instructional brochure
describing the procedures set forth in ORS 107.485 and 107.490.
  ' (2) Each circuit court shall make available the appropriate
forms and the instructional brochure described in subsection (1)
of this section.'.
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