75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2287
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to courts; creating new provisions; amending ORS 1.202,
18.999, 21.010, 21.110, 36.170, 135.265, 137.540 and 153.125
and section 15, chapter 860, Oregon Laws 2007; appropriating
money; declaring an emergency; and providing for revenue
raising that requires approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
{ +
JUDICIAL SYSTEM SURCHARGE ACCOUNT + }
SECTION 1. { + (1) The Judicial System Surcharge Account is
established in the General Fund of the State Treasury. All moneys
in the account are continuously appropriated to the Department of
Revenue to be distributed by the Department of Revenue according
to allocations made by the Legislative Assembly. The Department
of Revenue shall keep a record of moneys transferred into and out
of the account.
(2) The Department of Revenue shall deposit in the General Fund
all moneys remaining in the account after the distributions
required by subsection (1) of this section have been made. Moneys
deposited in the General Fund under this subsection are available
for general governmental purposes. + }
SECTION 1a. { + (1) During the biennium commencing July 1,
2009, the Department of Revenue shall make monthly distributions
from the Judicial System Surcharge Account. The department may
not make a monthly distribution if the balance in the account is
less than $500,000 at the time the distribution would otherwise
be made.
(2) Before a monthly distribution is made by the department
under this section, the department shall distribute to itself the
lesser of 0.05 percent of the balance in the Judicial System
Surcharge Account or the amount necessary to pay the department's
costs incurred in administering the account.
(3) As soon as possible after making the distribution required
by subsection (2) of this section, the Department of Revenue
shall make the following distributions from the Judicial System
Surcharge Account:
(a) To the Judicial Department, 65 percent of the remaining
balance in the account, to be used for court operations. Amounts
distributed to the Judicial Department under this paragraph in
Enrolled House Bill 2287 (HB 2287-B) Page 1
the biennium commencing July 1, 2009, may not exceed $6.5
million.
(b) To the Public Defense Services Commission, 35 percent of
the remaining balance in the account, to be used for trial-level
indigent defense. Amounts distributed to the Public Defense
Services Commission under this paragraph in the biennium
commencing July 1, 2009, may not exceed $3.5 million. + }
{ +
OFFENSE SURCHARGE + }
SECTION 2. { + (1) In all cases of conviction for the
commission of a crime or violation, excluding parking violations,
the trial court, whether a circuit, justice or municipal court,
shall impose upon the defendant, in addition to any fine, cost or
other monetary obligation imposed, an offense surcharge under
this section. Except when the person successfully asserts the
defense set forth in ORS 419C.522, the offense surcharge shall
also be imposed by the circuit court and county court in juvenile
cases under ORS 419C.005 (1). The offense surcharge is a penal
obligation in the nature of a fine and shall be in an amount as
follows:
(a) $35 in the case of a felony.
(b) $35 in the case of a misdemeanor.
(c) $45 in the case of a violation as described in ORS 153.008.
(2) A court may waive all or part of the offense surcharge
required by this section only if the court imposes no fine on the
defendant.
(3) The offense surcharge required by this section shall be
imposed only for offenses that are committed on or after October
1, 2009, and before July 1, 2011.
(4) Offense surcharges imposed under this section are part of
the base fine for the purposes of ORS chapter 153.
(5) Offense surcharges imposed in a circuit court under this
section are category 3 monetary obligations for the purposes of
ORS 137.295 and shall be collected as provided in ORS 137.295.
Offense surcharges imposed in a justice court, county court or
municipal court under this section are category 4 monetary
obligations for the purposes of ORS 137.295 and shall be
collected as provided in ORS 137.295. Amounts collected as
offense surcharges under this section may not be deposited in the
Criminal Fine and Assessment Account, or transferred to the
Department of Revenue, under ORS 137.295 (5), but must be
deposited or paid as follows:
(a) Offense surcharges imposed in circuit courts shall be
deposited by the Department of Revenue in the Judicial System
Surcharge Account.
(b) Offense surcharges imposed in a justice court or county
court shall be paid to the county treasurer.
(c) Offense surcharges imposed in a municipal court shall be
paid to the city treasurer.
(6) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
amounts imposed as offense surcharges under this section. + }
SECTION 2a. ORS 153.125 is amended to read:
153.125. (1) The base fine required in violation proceedings
under this chapter is the sum of a foundation amount calculated
under ORS 153.125 to 153.145 plus the unitary and county
assessments established under ORS 137.290 and 137.309 { + , and
the offense surcharge under section 2 of this 2009 Act, + } for
Enrolled House Bill 2287 (HB 2287-B) Page 2
the violation. The amount of the county assessment under ORS
137.309 shall be calculated using the foundation amount
determined under ORS 153.125 to 153.145, and may not be
calculated using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the
foundation amount to be used in calculating the base fine
required in violation proceedings under this chapter is 50
percent of the maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the
foundation amount to be used for a specific fine violation in
calculating the base fine required in a violation proceeding
under this chapter is the maximum fine provided for the
violation.
(4) If the law creating a violation establishes a minimum fine,
and the foundation amount calculated for the violation under ORS
153.125 to 153.145 is less than the minimum fine for the
violation, the foundation amount to be used in calculating the
base fine required in a violation proceeding under this chapter
is the minimum fine established for the violation.
SECTION 2b. { + The amendments to ORS 153.125 by section 2a of
this 2009 Act apply only to offenses that are committed on or
after October 1, 2009, and before July 1, 2011. + }
SECTION 2c. ORS 153.125, as amended by section 2a of this 2009
Act, is amended to read:
153.125. (1) The base fine required in violation proceedings
under this chapter is the sum of a foundation amount calculated
under ORS 153.125 to 153.145 plus the unitary and county
assessments established under ORS 137.290 and 137.309 { - , and
the offense surcharge under section 2 of this 2009 Act, - } for
the violation. The amount of the county assessment under ORS
137.309 shall be calculated using the foundation amount
determined under ORS 153.125 to 153.145, and may not be
calculated using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125 to 153.145, the
foundation amount to be used in calculating the base fine
required in violation proceedings under this chapter is 50
percent of the maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the
foundation amount to be used for a specific fine violation in
calculating the base fine required in a violation proceeding
under this chapter is the maximum fine provided for the
violation.
(4) If the law creating a violation establishes a minimum fine,
and the foundation amount calculated for the violation under ORS
153.125 to 153.145 is less than the minimum fine for the
violation, the foundation amount to be used in calculating the
base fine required in a violation proceeding under this chapter
is the minimum fine established for the violation.
SECTION 2d. { + (1) The amendments to ORS 153.125 by section
2c of this 2009 Act become operative July 1, 2011.
(2) The amendments to ORS 153.125 by section 2c of this 2009
Act do not affect the imposition of a surcharge under section 2
of this 2009 Act for an offense committed on or after October 1,
2009, and before July 1, 2011. + }
{ +
EXTENSION OF 2007 FILING FEE SURCHARGES + }
{ +
TO SEPTEMBER 30, 2009 + }
Enrolled House Bill 2287 (HB 2287-B) Page 3
SECTION 3. Section 15, chapter 860, Oregon Laws 2007, is
amended to read:
{ + Sec. 15. + } (1) In addition to the fees provided for in
ORS 21.010 (1), for the period commencing September 1, 2007, and
ending { - June - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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
Enrolled House Bill 2287 (HB 2287-B) Page 4
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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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.
Enrolled House Bill 2287 (HB 2287-B) Page 5
(d) In addition to the fee provided for in ORS 21.310 (7), for
the period commencing September 1, 2007, and ending
{ - June - } { + September + } 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 - } { + September + } 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 - }
{ + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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.
Enrolled House Bill 2287 (HB 2287-B) Page 6
(16)(a) In addition to the fees provided for in ORS 105.130
(2), for the period commencing September 1, 2007, and ending
{ - June - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 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 - } { + September + } 30, 2009, the clerk of the court
shall collect a surcharge of $4 for each application for
emancipation under ORS 419B.555.
{ + (24) Except as provided in subsection (25) of this
section, surcharges imposed under this section on or after July
1, 2009, and before October 1, 2009, shall be deposited in the
Judicial System Surcharge Account. The collections and revenue
management program established under ORS 1.204 may not be
reimbursed under ORS 1.204 from surcharges imposed under this
section on or after July 1, 2009, and before October 1, 2009.
(25) A surcharge imposed by a county court under subsection (8)
of this section or by a justice court under subsection (16) of
this section shall be paid to the county treasurer. + }
Enrolled House Bill 2287 (HB 2287-B) Page 7
{ +
SURCHARGES OPERATIVE OCTOBER 1, 2009 + }
SECTION 4. { + (1) In addition to the fees provided for in ORS
21.010 (1), for the period commencing October 1, 2009, and ending
June 30, 2011, 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 21.111 (1),
for the period commencing October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30, 2011,
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 October 1, 2009, and ending June 30, 2011,
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 $61 from the
party filing the application for change of name and a surcharge
of $61 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 October 1, 2009, and ending June 30, 2011,
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.
(5)(a) In addition to the trial fee provided for in ORS 21.270
(2), for the period commencing October 1, 2009, and ending June
30, 2011, 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 $33 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 October 1, 2009, and ending
June 30, 2011, 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 $32 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 $40 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 October 1, 2009, and ending June
30, 2011, the clerk of the circuit court shall collect a
surcharge on the hearing fee of $12 if the hearing period is not
Enrolled House Bill 2287 (HB 2287-B) Page 8
more than three hours or $33 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 October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30, 2011,
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 October 1, 2009, and ending June 30, 2011,
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 October 1, 2009, and ending June 30, 2011,
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.
(8) In addition to the fees provided for in ORS 21.325 (3), for
the period commencing October 1, 2009, and ending June 30, 2011,
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.
(9) In addition to the fees provided for in ORS 21.325 (4), for
the period commencing October 1, 2009, and ending June 30, 2011,
the clerk of the court shall collect a surcharge of $6 for
issuing a writ of execution or a writ of garnishment.
(10) In addition to the fee provided for in ORS 34.340, for the
period commencing October 1, 2009, and ending June 30, 2011, 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 October 1, 2009, and ending June 30,
2011, the clerk of the circuit court shall collect from the party
Enrolled House Bill 2287 (HB 2287-B) Page 9
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 October 1, 2009, and ending June 30, 2011,
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 October 1, 2009, and ending June 30, 2011,
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 October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30,
2011, in the small claims department of a circuit court the clerk
of the court shall collect:
(a) A $24 surcharge when a defendant demands a hearing and the
amount or value claimed by the plaintiff does not exceed $1,500;
and
(b) A $50 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 October 1, 2009, and ending June
30, 2011, 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 $12.
(b) In addition to the fees provided for in ORS 105.130 (3),
for the period commencing October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30,
2011, 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 October 1, 2009, and ending June 30, 2011,
a petitioner shall pay a surcharge of $1 at the time of filing a
petition under ORS 138.560.
Enrolled House Bill 2287 (HB 2287-B) Page 10
(22) In addition to the fee provided for in ORS 166.274, for
the period commencing October 1, 2009, and ending June 30, 2011,
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 fees provided for in ORS 305.490, for
the period commencing October 1, 2009, and ending June 30, 2011,
the clerk of the tax court shall collect the following
surcharges:
(a) For a complaint or petition in the magistrate division,
$50.
(b) For a complaint or petition in the regular division, $100.
(c) If a complaint or petition is specially designated under
ORS 305.501 for hearing in the regular division, a fee of $100.
(24) In addition to the fee provided for in ORS 419B.555 (6),
for the period commencing October 1, 2009, and ending June 30,
2011, the clerk of the court shall collect a surcharge of $4 for
each application for emancipation under ORS 419B.555.
(25) Except as provided in subsection (26) of this section,
surcharges imposed under this section shall be deposited in the
Judicial System Surcharge Account. The collections and revenue
management program established under ORS 1.204 may not be
reimbursed under ORS 1.204 from surcharges imposed under this
section.
(26) A surcharge imposed by a county court under subsection (7)
of this section or by a justice court under subsection (16) of
this section shall be paid to the county treasurer. + }
SECTION 5. 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.
Enrolled House Bill 2287 (HB 2287-B) Page 11
(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 { - $12 - } { + $18 + } for each
garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 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 6. { + The amendments to ORS 18.999 by section 5 of
this 2009 Act become operative October 1, 2009, and apply only to
writs of garnishment issued on or after October 1, 2009, and
before July 1, 2011. + }
SECTION 7. ORS 18.999, as amended by section 5 of this 2009
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.
Enrolled House Bill 2287 (HB 2287-B) Page 12
(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 { - $18 - } { + $12 + } for each
garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 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 8. { + (1) The amendments to ORS 18.999 by section 7
of this 2009 Act become operative July 1, 2011.
(2) The amendments to ORS 18.999 by section 7 of this 2009 Act
do not affect the amount that may be recovered under ORS 18.999,
as in effect immediately before July 1, 2011, for writs of
garnishment issued on or after October 1, 2009, and before July
1, 2011. + }
{ +
SECURITY RELEASE DEPOSITS + }
Enrolled House Bill 2287 (HB 2287-B) Page 13
SECTION 9. ORS 135.265 is amended to read:
135.265. (1) If the defendant is not released on personal
recognizance under ORS 135.255, or granted conditional release
under ORS 135.260, or fails to agree to the provisions of the
conditional release, the magistrate shall set a security amount
that will reasonably assure the defendant's appearance. The
defendant shall execute the security release in the amount set by
the magistrate.
(2) The defendant shall execute a release agreement and deposit
with the clerk of the court before which the proceeding is
pending a sum of money equal to 10 percent of the security
amount, but in no event shall such deposit be less than $25. The
clerk shall issue a receipt for the sum deposited. Upon
depositing this sum the defendant shall be released from custody
subject to the condition that the defendant appear to answer the
charge in the court having jurisdiction on a day certain and
thereafter as ordered by the court until discharged or final
order of the court. Once security has been given and a charge is
pending or is thereafter filed in or transferred to a court of
competent jurisdiction the latter court shall continue the
original security in that court subject to ORS 135.280 and
135.285. When conditions of the release agreement have been
performed and the defendant has been discharged from all
obligations in the cause, the clerk of the court shall return to
the person shown by the receipt to have made the deposit, unless
the court orders otherwise, 85 percent of the sum which has been
deposited and shall retain as security release costs 15 percent,
but not less than $5 { - nor more than $200 - } , of the amount
deposited. The interest that has accrued on the full amount
deposited shall also be retained by the clerk. The amount
retained by the clerk of a circuit court shall be paid over as
directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300.
The amount retained by a justice of the peace shall be deposited
in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation
treasury. At the request of the defendant the court may order
whatever amount is repayable to defendant from such security
amount to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection
(2) of this section the defendant may deposit with the clerk of
the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with
equity not exempt owned by the defendant or sureties worth double
the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by
affidavit. The magistrate may further examine the sufficiency of
the security as the magistrate considers necessary.
SECTION 10. { + (1) The amendments to ORS 135.265 by section 9
of this 2009 Act apply only to security deposits made on or after
October 1, 2009, and before July 1, 2011.
(2) All amounts retained in a circuit court under ORS 135.265
as security deposit costs from security deposits made on or after
October 1, 2009, and before July 1, 2011, that are in excess of
$200 shall be deposited in the Judicial System Surcharge Account.
All amounts retained in a justice court under ORS 135.265 as
security deposit costs from security deposits made on or after
October 1, 2009, and before July 1, 2011, that are in excess of
$200 shall be paid to the county treasurer. All amounts retained
in a municipal court under ORS 135.265 as security deposit costs
Enrolled House Bill 2287 (HB 2287-B) Page 14
from security deposits made on or after October 1, 2009, and
before July 1, 2011, that are in excess of $200 shall be paid to
the city treasurer.
(3) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
amounts retained as security deposit costs that are in excess of
$200 pursuant to the amendments to ORS 135.265 by section 9 of
this 2009 Act. + }
SECTION 11. ORS 135.265, as amended by section 9 of this 2009
Act, is amended to read:
135.265. (1) If the defendant is not released on personal
recognizance under ORS 135.255, or granted conditional release
under ORS 135.260, or fails to agree to the provisions of the
conditional release, the magistrate shall set a security amount
that will reasonably assure the defendant's appearance. The
defendant shall execute the security release in the amount set by
the magistrate.
(2) The defendant shall execute a release agreement and deposit
with the clerk of the court before which the proceeding is
pending a sum of money equal to 10 percent of the security
amount, but in no event shall such deposit be less than $25. The
clerk shall issue a receipt for the sum deposited. Upon
depositing this sum the defendant shall be released from custody
subject to the condition that the defendant appear to answer the
charge in the court having jurisdiction on a day certain and
thereafter as ordered by the court until discharged or final
order of the court. Once security has been given and a charge is
pending or is thereafter filed in or transferred to a court of
competent jurisdiction the latter court shall continue the
original security in that court subject to ORS 135.280 and
135.285. When conditions of the release agreement have been
performed and the defendant has been discharged from all
obligations in the cause, the clerk of the court shall return to
the person shown by the receipt to have made the deposit, unless
the court orders otherwise, 85 percent of the sum which has been
deposited and shall retain as security release costs 15 percent,
but not less than $5 { + nor more than $200 + }, of the amount
deposited. The interest that has accrued on the full amount
deposited shall also be retained by the clerk. The amount
retained by the clerk of a circuit court shall be paid over as
directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300.
The amount retained by a justice of the peace shall be deposited
in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation
treasury. At the request of the defendant the court may order
whatever amount is repayable to defendant from such security
amount to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection
(2) of this section the defendant may deposit with the clerk of
the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with
equity not exempt owned by the defendant or sureties worth double
the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by
affidavit. The magistrate may further examine the sufficiency of
the security as the magistrate considers necessary.
SECTION 12. { + (1) The amendments to ORS 135.265 by section
11 of this 2009 Act become operative July 1, 2011.
Enrolled House Bill 2287 (HB 2287-B) Page 15
(2) The amendments to ORS 135.265 by section 11 of this 2009
Act do not affect the amount of security release costs that may
be deducted from security amounts deposited on or after October
1, 2009, and before July 1, 2011. + }
{ +
THIRD-PARTY COMPLAINT FEE + }
SECTION 13. { + (1) When a person files a third-party
complaint in a civil action, suit or proceeding in circuit court,
the clerk of the court shall collect from the third-party
plaintiff the same fees, charges and surcharges that would be
required of a plaintiff filing the same complaint in an original
action.
(2) When a third-party defendant files an appearance in a civil
action, suit or proceeding in circuit court, the clerk of the
court shall collect the same fees, charges and surcharges that
would be required of a defendant filing the same appearance in an
original action.
(3) This section applies only to third-party complaints and
appearances filed on or after October 1, 2009, and before July 1,
2011.
(4) All amounts imposed as fees under this section shall be
deposited in the Judicial System Surcharge Account.
(5) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
amounts imposed under this section. + }
{ +
FILING FEES + }
SECTION 14. ORS 21.110 is amended to read:
21.110. (1) { + (a) + } 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 - } { + $117 + } as
{ - a - } { + the + } flat and uniform filing fee { + for a
single party + }. 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 { - $107 - } { +
$117 + } as { - a - } { + the + } flat and uniform filing
fee { + for a single party + }.
{ + (b) 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 $117 for each additional party named in the pleading. 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 $117 for each additional party named
in the pleading. + }
(2) In the following actions, the clerk of the circuit court
shall collect the sum of { - $68 - } { + $78 + } 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
Enrolled House Bill 2287 (HB 2287-B) Page 16
of { - $68 - } { + $78 + } 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) In any action for the recovery of money or damages,
the clerk of the circuit court shall collect the following sums
from the plaintiff at the time the action is filed, and shall
collect the following sums 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) If the amount claimed is $50,000 or more, and less than
$150,000, the clerk of the circuit court shall collect a fee of
$225.
(b) If the amount claimed is $150,000 or more, and less than
$500,000, the clerk of the circuit court shall collect a fee of
$275.
(c) If the amount claimed is $500,000 or more, and less than $1
million, the clerk of the circuit court shall collect a fee of
$325.
(d) If the amount claimed is $1 million or more, the clerk of
the circuit court shall collect a fee of $375. + }
{ - (3) - } { + (4) + } 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 181.823 or 181.826, 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) - } { + (5) + } 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) - } { + (6) + } A pleading or other document shall
be filed by the clerk only if the fee required under this section
is paid by the person filing the document, 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) - } { + (7) + } Any plaintiff, appellant, moving
party, defendant or respondent that files an action or appearance
that is subject to the filing fees established under subsection
Enrolled House Bill 2287 (HB 2287-B) Page 17
(2) { + or (3) + } of this section must include in the caption
of the pleading { - the following words: 'Claim of not more
than $10,000.' - } { + a statement of the amount claimed. + }
{ - (7) - } { + (8) + } 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) - } { + (9) + } 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 15. { + (1) The amendments to ORS 21.110 by section 14
of this 2009 Act apply only to civil actions, suits and
proceedings filed on or after October 1, 2009, and before July 1,
2011.
(2) All fees imposed pursuant to the amendments to ORS 21.110
by section 14 of this 2009 Act shall be deposited in the Judicial
System Surcharge Account.
(3) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed pursuant to the amendments to ORS 21.110 by section 14 of
this 2009 Act. + }
SECTION 16. ORS 21.110, as amended by section 14 of this 2009
Act, is amended to read:
21.110. (1) { - (a) - } 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 { - $117 - } { + $107 + } as
{ - the - } { + a + } flat and uniform filing fee { - for a
single party - } . 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 { - $117 - } { +
$107 + } as { - the - } { + a + } flat and uniform filing fee
{ - for a single party - } .
{ - (b) 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 $117 for each additional party named in the pleading. 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 $117 for each additional party named
in the pleading. - }
Enrolled House Bill 2287 (HB 2287-B) Page 18
(2) In the following actions, the clerk of the circuit court
shall collect the sum of { - $78 - } { + $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 { - $78 - } { + $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) In any action for the recovery of money or damages,
the clerk of the circuit court shall collect the following sums
from the plaintiff at the time the action is filed, and shall
collect the following sums 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) If the amount claimed is $50,000 or more, and less
than $150,000, the clerk of the circuit court shall collect a fee
of $225. - }
{ - (b) If the amount claimed is $150,000 or more, and less
than $500,000, the clerk of the circuit court shall collect a fee
of $275. - }
{ - (c) If the amount claimed is $500,000 or more, and less
than $1 million, the clerk of the circuit court shall collect a
fee of $325. - }
{ - (d) If the amount claimed is $1 million or more, the
clerk of the circuit court shall collect a fee of $375. - }
{ - (4) - } { + (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 181.823 or 181.826, 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.
{ - (5) - } { + (4) + } For purposes 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.
{ - (6) - } { + (5) + } A pleading or other document shall
be filed by the clerk only if the fee required under this section
is paid by the person filing the document, 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.
Enrolled House Bill 2287 (HB 2287-B) Page 19
{ - (7) - } { + (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) { - or (3) - } of this section must include in the caption
of the pleading { - a statement of the amount claimed - }
{ + the following words: 'Claim of not more than $10,000.' + }
{ - (8) - } { + (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.
{ - (9) - } { + (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 17. { + The amendments to ORS 21.110 by section 16 of
this 2009 Act become operative July 1, 2011. + }
SECTION 18. ORS 36.170, as amended by section 26, chapter 860,
Oregon Laws 2007, 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) $6, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 (1) { + or (3) + }, 21.310
or any other filing fee not specifically provided for in this
section.
(b) $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) $3, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $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 19. ORS 36.170, as amended by section 26, chapter 860,
Oregon Laws 2007, and section 18 of this 2009 Act, 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
Enrolled House Bill 2287 (HB 2287-B) Page 20
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 (1) { - or (3) - } ,
21.310 or any other filing fee not specifically provided for in
this section.
(b) $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) $3, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $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 20. { + (1) The amendments to ORS 36.170 by section 18
of this 2009 Act become operative October 1, 2009.
(2) The amendments to ORS 36.170 by section 19 of this 2009 Act
become operative July 1, 2011. + }
{ +
BENCH PROBATION FEES AND PROBATION + }
{ +
VIOLATION ASSESSMENTS + }
SECTION 21. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
Enrolled House Bill 2287 (HB 2287-B) Page 21
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
(B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
(C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a chief of police, a
county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall:
(a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
Enrolled House Bill 2287 (HB 2287-B) Page 22
(c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
(3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
(a) 'Dwelling' has the meaning given that term in ORS 469.160.
(b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Sex offender' has the meaning given that term in ORS
181.594.
(4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
(A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
(B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
(D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
(5) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
Enrolled House Bill 2287 (HB 2287-B) Page 23
appropriate, shall notify the chief of police, if the person is
going to reside within a city, and the county sheriff of the
county in which the person is going to reside of the person's
release and the conditions of the person's release.
(6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
{ + (7) The court may order that probation be supervised by
the court. If the court orders that probation be supervised by
the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the Judicial System
Surcharge Account. Fees imposed in a justice court under this
subsection shall be paid to the county treasurer. Fees imposed in
a municipal court under this subsection shall be paid to the city
treasurer. + }
{ - (7) - } { + (8) + } The court may at any time modify
the conditions of probation.
{ - (8) - } { + (9) + } A court may not order revocation of
probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
{ - (9) - } { + (10) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
{ + (11) If the court determines that a defendant has
violated the terms of probation, the court shall impose a $25
assessment against the defendant. The assessment becomes part of
the judgment and may be collected in the same manner as a fine.
Assessments imposed under this subsection in the circuit court
shall be deposited by the clerk of the court in the Judicial
System Surcharge Account. Assessments imposed in a justice court
under this subsection shall be paid to the county treasurer.
Assessments imposed in a municipal court under this subsection
shall be paid to the city treasurer. + }
{ - (10) - } { + (12) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
SECTION 22. { + (1) The amendments to ORS 137.540 by section
21 of this 2009 Act apply only to orders of probation and
probation violation determinations made on or after October 1,
2009, and before July 1, 2011.
(2) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
assessments imposed by a court under the amendments to ORS
137.540 by section 21 of this 2009 Act. + }
SECTION 23. ORS 137.540, as amended by section 21 of this 2009
Act, is amended to read:
137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
Enrolled House Bill 2287 (HB 2287-B) Page 24
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
(B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
(C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a chief of police, a
county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of
birth;
Enrolled House Bill 2287 (HB 2287-B) Page 25
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall:
(a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
(3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
(a) 'Dwelling' has the meaning given that term in ORS 469.160.
(b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Sex offender' has the meaning given that term in ORS
181.594.
(4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
(A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
Enrolled House Bill 2287 (HB 2287-B) Page 26
(B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
(D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
(5) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
appropriate, shall notify the chief of police, if the person is
going to reside within a city, and the county sheriff of the
county in which the person is going to reside of the person's
release and the conditions of the person's release.
(6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
{ - (7) The court may order that probation be supervised by
the court. If the court orders that probation be supervised by
the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the Judicial System
Surcharge Account. Fees imposed in a justice court under this
subsection shall be paid to the county treasurer. Fees imposed in
a municipal court under this subsection shall be paid to the city
treasurer. - }
{ - (8) - } { + (7) + } The court may at any time modify
the conditions of probation.
{ - (9) - } { + (8) + } A court may not order revocation of
probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
{ - (10) - } { + (9) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
{ - (11) If the court determines that a defendant has
violated the terms of probation, the court shall impose a $25
assessment against the defendant. The assessment becomes part of
the judgment and may be collected in the same manner as a fine.
Assessments imposed under this subsection in the circuit court
Enrolled House Bill 2287 (HB 2287-B) Page 27
shall be deposited by the clerk of the court in the Judicial
System Surcharge Account. Assessments imposed in a justice court
under this subsection shall be paid to the county treasurer.
Assessments imposed in a municipal court under this subsection
shall be paid to the city treasurer. - }
{ - (12) - } { + (10) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
SECTION 24. { + (1) The amendments to ORS 137.540 by section
23 of this 2009 Act become operative July 1, 2011.
(2) The amendments to ORS 137.540 by section 23 of this 2009
Act do not affect any fee or assessment that was added to a
judgment under ORS 137.540 before July 1, 2011. + }
{ +
PROBATE ACCOUNTING FEES + }
SECTION 25. { + (1) In a court with probate jurisdiction, the
clerk shall charge and collect the following fees for an annual
or final accounting filed in a probate proceeding or a
conservatorship proceeding on or after October 1, 2009, and
before July 1, 2011:
(a) If the amount of the estate is not more than $500,000, a
fee of $100.
(b) If the amount of the estate is more than $500,000 and not
more than $1 million, a fee of $200.
(c) If the amount of the estate is more than $1 million, a fee
of $300.
(2) In determining fees under subsection (1) of this section in
a probate proceeding, the amount of a settlement in a wrongful
death action brought for the benefit of the decedent's surviving
spouse or dependents is not part of the estate.
(3) All fees imposed under this section in a circuit court
shall be deposited in the Judicial System Surcharge Account. All
fees imposed by a county court under this section shall be paid
to the county treasurer.
(4) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section. + }
{ +
DIVERSION PROGRAM ADMINISTRATION FEE + }
SECTION 26. { + (1) In addition to the fees provided in ORS
135.921 and 813.240, upon the filing of a petition for diversion
under ORS 135.909 or 813.210, the court shall order the defendant
to pay $100 to the court as a program administration fee.
(2) This section applies only to petitions for diversion filed
on or after October 1, 2009, and before July 1, 2011.
(3) Fees imposed under this section in the circuit court shall
be deposited by the clerk of the court in the Judicial System
Surcharge Account. Fees imposed in a justice court under this
section shall be paid to the county treasurer. Fees imposed in a
municipal court under this section shall be paid to the city
treasurer.
(4) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section. + }
Enrolled House Bill 2287 (HB 2287-B) Page 28
{ +
EXPUNCTION FEE + }
SECTION 27. { + (1) In addition to the fee provided in ORS
137.225, upon the filing of an application under ORS 137.225 (1),
the court shall order the defendant to pay a fee of $250 to the
court.
(2) This section applies only to applications filed under ORS
137.225 (1) on or after October 1, 2009, and before July 1, 2011.
(3) Fees imposed under this section in the circuit court shall
be deposited by the clerk of the court in the Judicial System
Surcharge Account. Fees imposed in a justice court under this
section shall be paid to the county treasurer. Fees imposed in a
municipal court under this section shall be paid to the city
treasurer.
(4) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
amounts imposed under this section. + }
{ +
ADDITIONAL PARTY FEES IN APPELLATE CASES + }
SECTION 28. ORS 21.010 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 $154. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
{ + (2) Except as provided in 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 $154 for each additional
person named as an appellant or petitioner. The respondent in
such case, and any other person appearing in the appeal, shall
pay $154 to the State Court Administrator for each additional
person named as a respondent. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid. + }
{ - (2) - } { + (3) + } Filing and appearance fees may 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 persons determined to be mentally ill under ORS 426.135 or
persons determined to be mentally retarded 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) - } { + (4) + } 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) - } { + (5) + } Filing and appearance fees shall
only be assessed in an appeal in a contempt proceeding seeking
Enrolled House Bill 2287 (HB 2287-B) Page 29
imposition of remedial sanctions under the provisions of ORS
33.055.
SECTION 29. { + (1) The amendments to ORS 21.010 by section 28
of this 2009 Act apply only to filings and appearances made on or
after October 1, 2009, and before July 1, 2011.
(2) All fees imposed under the amendments to ORS 21.010 by
section 28 of this 2009 Act shall be deposited in the Judicial
System Surcharge Account.
(3) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under the amendments to ORS 21.010 by section 28 of this
2009 Act. + }
SECTION 30. ORS 21.010, as amended by section 28 of this 2009
Act, is amended to read:
21.010. (1) Except as provided in 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 $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
{ - (2) Except as provided in 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 $154 for each additional
person named as an appellant or petitioner. The respondent in
such case, and any other person appearing in the appeal, shall
pay $154 to the State Court Administrator for each additional
person named as a respondent. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid. - }
{ - (3) - } { + (2) + } Filing and appearance fees may 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 persons determined to be mentally ill under ORS 426.135 or
persons determined to be mentally retarded 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.
{ - (4) - } { + (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.
{ - (5) - } { + (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 31. { + The amendments to ORS 21.010 by section 30 of
this 2009 Act become operative July 1, 2011. + }
{ +
SETTLEMENT CONFERENCE FEE + }
SECTION 32. { + (1) In any civil proceeding subject to a fee
under ORS 21.110, 21.111, 21.114 or 21.310 in which the parties
request a settlement conference before a judge, or in which a
Enrolled House Bill 2287 (HB 2287-B) Page 30
settlement conference before a judge is required by law or by the
court, each party participating in the conference shall pay a $50
fee to the court before the conference is conducted.
(2) Notwithstanding ORS 3.428 (3), the fee required under
subsection (1) of this section must be paid when parties request
a settlement conference through a family law facilitation
program.
(3) The fee imposed under this section applies only to
settlement conferences conducted on or after October 1, 2009, and
before July 1, 2011.
(4) All fees imposed under this section shall be deposited in
the Judicial System Surcharge Account.
(5) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section. + }
{ +
APPELLATE CONTINUANCE FEE + }
SECTION 33. { + (1) In any proceeding in the Court of Appeals
or Supreme Court, the clerk of the court shall collect a fee of
$50 from any party filing a motion for continuance or a motion
for an extension of time for the filing of a brief or other
document in the proceeding.
(2) The fee imposed under this section applies only to motions
filed on or after October 1, 2009, and before July 1, 2011.
(3) All fees imposed under this section shall be deposited in
the Judicial System Surcharge Account.
(4) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section. + }
{ +
COLLECTION ACCOUNT FEES + }
SECTION 34. 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 $50 and not more than { - $100 - } { + $200 + } 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
Enrolled House Bill 2287 (HB 2287-B) Page 31
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 35. { + (1) The amendments to ORS 1.202 by section 34
of this 2009 Act apply only to judgments entered on or after
October 1, 2009, and before July 1, 2011.
(2) Notwithstanding ORS 1.202 (1), all fees imposed under ORS
1.202 (1) after October 1, 2009, and before July 1, 2011, that
are in excess of $100 shall be deposited in the Judicial System
Surcharge Account.
(3) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under ORS 1.202 (1) that are in excess of $100 pursuant
to the amendments to ORS 1.202 by section 34 of this 2009
Act. + }
SECTION 36. ORS 1.202, as amended by section 34 of this 2009
Act, 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 $50 and not more than { - $200 - } { + $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 37. { + (1) The amendments to ORS 1.202 by section 36
of this 2009 Act become operative on July 1, 2011.
(2) The amendments to ORS 1.202 by section 36 of this 2009 Act
do not affect any fee imposed before July 1, 2011, and all
amounts added to judgments under the amendments to ORS 1.202 by
section 36 of this 2009 Act that are collected on or after July
1, 2011, shall continue to be deposited in the Judicial System
Surcharge Account. + }
Enrolled House Bill 2287 (HB 2287-B) Page 32
{ +
EX PARTE ORDER OR JUDGMENT FEE + }
SECTION 38. { + (1) In any civil proceeding subject to a fee
under ORS 21.110, 21.111, 21.114 or 21.310, the clerk of a
circuit court shall collect the sum of $10 for filing or
submission of an ex parte order or judgment for the purpose of
signature by the judge and entry.
(2) The fee established under this section may not be collected
for filings or submissions in small claims actions.
(3) The fee imposed under this section applies only to ex parte
orders or judgments filed or submitted on or after October 1,
2009, and before July 1, 2011.
(4) All fees imposed under this section shall be deposited in
the Judicial System Surcharge Account.
(5) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section. + }
{ +
INTERIM COMMITTEE ON STATE JUSTICE SYSTEM REVENUES + }
SECTION 39. { + (1) There is created the Interim Committee on
State Justice System Revenues, consisting of three members of the
Senate appointed by the President of the Senate and three members
of the House of Representatives appointed by the Speaker of the
House of Representatives. The Chief Justice of the Supreme Court
and the Oregon State Bar shall designate nonvoting liaisons to
the interim committee.
(2) The interim committee shall conduct a review of all
existing Judicial Department fees, fines and surcharges. The
review shall identify:
(a) How the current revenue structure was developed, including
when fees, fines and surcharges were imposed and adjusted;
(b) Any deficiencies in the current revenue structure;
(c) All revenues generated under the current revenue structure,
including revenues from fees and charges established by order of
the Chief Justice;
(d) The distribution processes for all revenues generated under
the existing revenue structure;
(e) How revenues generated from fees and surcharges affect
low-income individuals;
(f) The feasibility of implementing a program to accelerate and
enhance collections of fines and assessments; and
(g) The feasibility of collecting a portion of outstanding
debts through renegotiation of fines and assessments, or use of
community service, in connection with programs such as Project
Clean Slate.
(3) The interim committee shall develop recommendations,
including draft legislation, on improvements to the existing
revenue structure. The recommendations should be based on the
following principles:
(a) Simplification of the revenue collection and distribution
process, minimization of administrative and public costs, and
transparency in the revenue collection process;
(b) Preservation of, or improvement to, state judicial system
access;
(c) Ensuring legislative oversight of all state judicial system
revenue collections, distribution and use; and
Enrolled House Bill 2287 (HB 2287-B) Page 33
(d) Where practical, aligning justice system access and costs
with the revenues collected.
(4) The interim committee shall receive periodic reports from
the Judicial Department on all revenue collected by the
department, including revenues from the temporary surcharges and
fees imposed under this 2009 Act and revenues from fees and
charges established by order of the Chief Justice, and prepare
reports to the Legislative Assembly on the revenue forecast for
those surcharges, fees and charges. If a special session is held
during 2010, a report shall be made to the Seventy-fifth
Legislative Assembly within five days after the special session
is convened. In addition, a final report by the committee shall
be made to the Seventy-sixth Legislative Assembly in the manner
provided in ORS 192.245.
(5) The interim committee shall receive periodic reports from
the Judicial Department and other justice system entities. The
reports shall address the status of the justice system, including
caseloads, the costs of resentencing defendants and other factors
affecting the operating needs of the justice system during the
2009-2011 biennium.
(6) The interim committee shall recommend distribution to
justice system entities of surcharge and fee revenues generated
under this 2009 Act.
(7) A majority of the members of the interim committee
constitutes a quorum for the transaction of business.
(8) Official action by the interim committee requires the
approval of a majority of the members of the interim committee.
(9) The President of the Senate shall designate one of the
members appointed by the President to serve as co-chair of the
interim committee. The Speaker of the House of Representatives
shall designate one of the members appointed by the Speaker to
serve as co-chair of the interim committee.
(10) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(11) 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.
(12) The interim committee may adopt rules necessary for the
operation of the interim committee.
(13) The Legislative Fiscal Office, the Legislative
Administrator and the Judicial Department shall provide
administrative support to the interim committee.
(14) 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. + }
SECTION 40. { + Section 39 of this 2009 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
{ +
CAPTIONS + }
SECTION 41. { + The unit captions used in this 2009 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 2009 Act. + }
Enrolled House Bill 2287 (HB 2287-B) Page 34
{ +
EMERGENCY CLAUSE + }
SECTION 42. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
----------
Passed by House June 26, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 2009
...........................................................
President of Senate
Enrolled House Bill 2287 (HB 2287-B) Page 35
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2287 (HB 2287-B) Page 36