75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3419
 
                         Senate Bill 758
 
Sponsored by Senator MORSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that governing body of county may enter into agreement
with Chief Justice and with presiding judge for judicial district
for creation of Local Court Facility Capital Improvement Account
and imposition in circuit court of court facilities surcharges
and court facilities assessment. Provides that governing body of
county may enter into agreement with Chief Justice for imposition
in justice court of court facilities assessment.
  Specifies amounts of court facilities surcharge and court
facilities assessment. Provides that one-half of amounts
collected in circuit courts be deposited in Local Court Facility
Capital Improvement Account, and be used only for capital
improvements to circuit court facilities in county. Provides that
one-half of amounts collected in justice courts be deposited in
Local Court Facility Capital Improvement Account, and be used
only for capital improvements to justice court facilities in
county. Provides that one-half of amounts collected as surcharges
and assessments in circuit and justice courts be deposited in
State Court Facility Capital Improvement Account, and be used
only for capital improvements to circuit court facilities as
directed by Chief Justice.
  Terminates surcharges and assessments December 31, 2025.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to court facilities; appropriating money; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Agreement for imposition of court facilities
surcharge and assessment in circuit courts. The governing body of
a county may enter into an agreement with the Chief Justice of
the Supreme Court, and with the presiding judge for the judicial
district in which the county is located, for the creation of a
Local Court Facility Capital Improvement Account and the
imposition in the circuit court for the county of the court
facilities surcharge provided for in section 5 of this 2009 Act
and of the court facilities assessment provided for in section 6
of this 2009 Act. + }
  SECTION 2.  { + Agreement for imposition of court facilities
assessment in justice courts. The governing body of a county may
enter into an agreement with the Chief Justice of the Supreme
Court for the creation of a Local Court Facility Capital
Improvement Account and the imposition in the justice courts of
the county of the court facilities assessment provided for in
section 7 of this 2009 Act. + }
  SECTION 3.  { + Local Court Facility Capital Improvement
Account.  If the governing body of a county enters into an
agreement under section 1 or 2 of this 2009 Act, the county
treasurer of the county shall establish a Local Court Facility
Capital Improvement Account. The account shall consist of moneys
deposited in the account under section 5, 6 and 7 of this 2009
Act. Moneys in the account that are deposited under sections 5
and 6 of this 2009 Act may be used only for the purpose of
capital improvements to court facilities in the county that are
used by circuit courts. Moneys in the account that are deposited
under section 7 of this 2009 Act may be used only for the purpose
of capital improvements to court facilities in the county that
are used by justice courts. + }
  SECTION 4.  { + State Court Facility Capital Improvement
Account.  (1) The State Court Facility Capital Improvement
Account is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the account
shall be credited to the account. The account shall consist of
moneys deposited in the account under sections 5, 6 and 7 of this
2009 Act and such other moneys as may be appropriated to the
account by law. Moneys in the account are continuously
appropriated to the Oregon Department of Administrative Services,
and may be used only for the purpose of capital improvements to
circuit court facilities.
  (2) The Chief Justice of the Supreme Court shall determine the
amounts to be allocated to individual circuit court facilities
under this section. The department shall distribute funds
pursuant to the directions of the Chief Justice. + }
  SECTION 5.  { + Court facilities surcharge in circuit courts.
(1) If the governing body of a county enters into an agreement
under section 1 of this 2009 Act, the clerk of the court for the
circuit court in that county shall collect the court facilities
surcharge provided for in this section.
  (2) The court facilities surcharge imposed under this section
shall be in the amount of $5, and shall be collected by the clerk
of the court whenever a filing fee is collected under ORS 21.110.
Surcharges imposed under this section are in addition to all
other fees provided for by law.
  (3) Of the amounts collected as court facilities surcharges
under this section, the clerk of the court shall deposit:
  (a) Fifty percent in the Local Court Facility Capital
Improvement Account established under section 3 of this 2009 Act;
and
  (b) Fifty percent in the State Court Facility Capital
Improvement Account established under section 4 of this 2009 Act.
  (4) Court facilities surcharges may not be collected under this
section after December 31, 2025. + }
  SECTION 6.  { + Court facilities assessment on violation
judgments in circuit courts. (1) If the governing body of a
county enters into an agreement under section 1 of this 2009 Act,
whenever the circuit court for the county enters a judgment of
conviction for a violation, a court facilities assessment in the
amount of $5 shall be collected by the court. The assessment is
not part of the penalty, and is in addition to any fines, fees
and assessments imposed under the judgment.
  (2) The circuit court may waive a court facilities assessment
under this section if the court finds that the defendant is
indigent.
  (3) A payment to a court shall not be credited to the court
facilities assessment provided for in this section until all
other fines, fees and assessments under the judgment have been
paid.
 
  (4) Of the amounts collected as court facilities assessments
under this section, the clerk of the court shall deposit:
  (a) Fifty percent in the Local Court Facility Capital
Improvement Account established under section 3 of this 2009 Act;
and
  (b) Fifty percent in the State Court Facility Capital
Improvement Account established under section 4 of this 2009 Act.
  (5) Court facility assessments may not be imposed under this
section after December 31, 2025. + }
  SECTION 7.  { + Court facilities assessment on violation
judgments in justice courts. (1) If the governing body of a
county enters into an agreement under section 2 of this 2009 Act,
whenever a justice court in the county enters a judgment of
conviction for a violation, a court facilities assessment in the
amount of $5 shall be collected by the court. The assessment is
not part of the penalty, and is in addition to any fines, fees
and assessments imposed under the judgment.
  (2) A justice court may waive a court facilities assessment
under this section if the court finds that the defendant is
indigent.
  (3) A payment to a court shall not be credited to the court
facilities assessment provided for in this section until all
other fines, fees and assessments under the judgment have been
paid.
  (4) Of the amounts collected as court facilities assessments
under this section, the clerk of the court shall deposit:
  (a) Fifty percent in the Local Court Facility Capital
Improvement Account established under section 3 of this 2009 Act;
and
  (b) Fifty percent in the State Court Facility Capital
Improvement Account established under section 4 of this 2009 Act.
  (5) Court facility assessments may not be imposed under this
section after December 31, 2025. + }
  SECTION 8.  { + The section 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. + }
  SECTION 9.  { + 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. + }
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