74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to SB 279
LC 1047/SB 279-6
HOUSE AMENDMENTS TO
SENATE BILL 279
By COMMITTEE ON JUDICIARY
June 11
In line 2 of the printed bill, delete 'repealing ORS 5.110 '
and insert 'creating new provisions; amending ORS 1.202 and
18.999; and declaring an emergency'.
Delete line 4 and insert:
' { + SECTION 1. + } { + Section 2 of this 2007 Act is added
to and made a part of ORS chapter 21. + }
' { + SECTION 2. + } { + (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. All amounts collected as fees under this section shall
be deposited into the Judicial Department Operating Account
established under ORS 1.009.
' (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 3. + } { + Section 2 of this 2007 Act applies
only to motions and responses to motions filed on or after
September 1, 2007. + }
' { + SECTION 4. + } 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. { + Fifty
percent of the + } fees { + collected + } under this subsection
shall be deposited in the General Fund. { + Fifty percent of the
fees collected under this subsection shall be deposited in the
Judicial Department Operating Account established under ORS
1.009. + }
' (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 5. + } { + The amendments to ORS 1.202 by
section 4 of this 2007 Act apply only to judgments entered on or
after September 1, 2007. + }
' { + SECTION 6. + } 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 2 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 7. + } { + 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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