76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1168
House Bill 2710
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Joint Interim Committee on State Justice System Revenues)
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.
Revises laws relating to court fees.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 1.202,
1.204, 2.560, 8.125, 9.572, 9.576, 18.999, 21.010, 21.125,
21.270, 21.615, 24.115, 24.135, 24.190, 34.340, 36.520, 36.522,
36.524, 36.610, 36.615, 46.405, 46.425, 46.455, 46.461, 46.465,
46.475, 46.488, 46.570, 52.635, 55.011, 105.130, 105.938,
106.120, 107.434, 107.795, 109.100, 109.787, 110.426, 112.820,
114.515, 114.720, 125.060, 125.075, 125.605, 125.842, 125.845,
130.045, 130.355, 130.400, 137.225, 138.560, 166.274, 180.345,
181.823, 181.826, 182.040, 205.360, 305.490, 352.066, 352.655,
417.825, 419B.529, 419B.555, 458.350 and 701.133 and sections
2, 4, 10, 13, 15, 25, 26, 27, 29, 32, 33, 35 and 38, chapter
659, Oregon Laws 2009; repealing ORS 9.574, 9.820, 9.830,
9.840, 9.850, 21.040, 21.110, 21.111, 21.112, 21.114, 21.275,
21.310, 21.325, 21.335, 21.350, 21.420, 21.480, 21.580, 21.660,
21.670, 21.730, 21.990, 36.170 and 108.130 and sections 1 and
37, chapter 659, Oregon Laws 2009; 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:
{ +
COURT FEES ACCOUNT + }
SECTION 1. { + Court Fees Account. (1) The Court Fees Account
is established in the General Fund of the State Treasury. Except
as provided in subsection (2) of this section, all moneys in the
account are continuously appropriated to the Department of
Revenue to be distributed by the Department of Revenue as
provided in this section. The Department of Revenue shall keep a
record of moneys transferred into and out of the account.
Interest earned by the account shall be credited to the General
Fund.
(2) Every biennium, the Department of Revenue shall distribute
from the amounts deposited in the Court Fees Account:
(a) $11.1 million to the Oregon State Bar. Amounts distributed
to the Oregon State Bar under this paragraph may be used only for
the funding of the Legal Services Program established under ORS
9.572.
(b) $7.4 million to the Association of Oregon Counties.
Amounts distributed to the Association of Oregon Counties under
this paragraph may be used only for the funding of a County Law
Library Program established under section 105 of this 2011 Act.
(c) $7.4 million to the State Court Administrator. Amounts
distributed to the State Court Administrator under this paragraph
may be used only for the funding of domestic relations services
under section 109 of this 2011 Act.
(d) $2.5 million to the Oregon University System. Amounts
distributed to the Oregon University System under this paragraph
may be used only to fund the programs and expenses of the Mark O.
Hatfield School of Government and the University of Oregon School
of Law under ORS 36.100 to 36.238 and 183.502.
(e) $470,000 to the Housing and Community Services Department
Low Income Rental Housing Fund established under ORS 458.350.
Amounts distributed to the Housing and Community Services
Department Low Income Rental Housing Fund under this paragraph
may be used only for the purposes specified in ORS 458.360.
(f) $330,000 to the Domestic Violence Clinical Legal Education
Account created under ORS 352.655. Amounts distributed to the
Domestic Violence Clinical Legal Education Account under this
paragraph may be used only for the purposes specified in ORS
352.655.
(g) $150,000 to the State Department of Agriculture. Amounts
distributed to the State Department of Agriculture under this
paragraph may be used only for the purpose of funding mediation
programs established by the department, other than individual
farm credit mediations.
(h) $140,000 to the Appellate Mediation Program Revolving
Account established under ORS 2.565. Amounts distributed to the
Appellate Mediation Program Revolving Account under this
paragraph may be used only for the purposes specified in ORS
2.565.
(i) $30,000 to the Department of Human Services. Amounts
distributed to the Department of Human Services under this
paragraph may be used only for the funding of the Office of
Children's Advocate.
(3) Moneys distributed from the Court Fees Account may not be
used for the payment of debt service obligations.
(4) Moneys in the Court Fees Account shall be distributed on a
quarterly basis. The Department of Revenue shall distribute
one-eighth of the amounts specified in subsection (2) of this
section at the end of each quarter, and shall deposit in the
General Fund all moneys remaining in the account after those
distributions been made.
(5) The Department of Revenue shall establish by rule a process
for distributing moneys in the Court Fees Account. + }
SECTION 2. { + Transfers to Court Fees Account. + }
{ + Except as otherwise provided by law, all amounts collected
as fees and charges in circuit courts shall be transferred to the
State Court Administrator for deposit in the Court Fees
Account. + }
SECTION 3. { + Section 2 of this 2011 Act applies to all fees
and charges collected in circuit courts on or after the effective
date of this 2011 Act. + }
{ +
CIRCUIT COURT FILING FEES + }
{ +
(Payment) + }
SECTION 4. { + Filing fees payable in advance. + } { + A
pleading or other document may be filed by the circuit court only
if the filing fee required by law is paid by the person filing
the document or a request for a fee waiver or deferral is granted
by the court. Filing fees are not refundable under any
circumstances. Unless otherwise specifically provided by
statute, the filing fee for an action or proceeding is the only
fee or charge that may be collected for the filing, whether by
the court or any other public body, as defined by ORS
174.109. + }
SECTION 5. { + Caption of pleading; amended pleadings. + }
{ + (1) The caption of any complaint or other document filed in
a circuit court for the purpose of commencing an action or other
civil proceeding must include a reference to the statute that
establishes the filing fee for the proceeding. If the proceeding
is subject to a filing fee established under section 15 of this
2011 Act, the caption must indicate the amount in controversy. If
the proceeding is subject to a filing fee established under
section 21 or 28 of this 2011 Act, the caption must indicate the
value of the estate.
(2) If at any time a party files an amended pleading in a
proceeding that is subject to a filing fee established under
section 15, 21 or 28 of this 2011 Act, and the pleading increases
the amount in controversy or the value of the estate in the
proceeding, the caption of the pleading must note that increased
amount. The court shall collect an additional filing fee from the
party filing the pleading that is equal to the difference between
the filing fee that was paid by the party when the original
pleading was filed and the filing fee that would have been
collected if the amount had been pleaded in the original
pleading.
(3) If at any time the court determines that a party has failed
to comply with the requirements of this section, the court may
require that the party pay all fees that should have been paid at
the time the document was filed. + }
SECTION 6. { + Section 5 of this 2011 Act applies only to
proceedings commenced on or after the effective date of this 2011
Act. Any proceeding commenced before the effective date of this
2011 shall continue to be governed by the law in effect
immediately before the effective date of this 2011 Act. + }
{ +
(Standard Filing Fee) + }
SECTION 7. { + ORS 21.110 is repealed. + }
SECTION 8. { + Standard filing fee. (1) Unless a specific fee
is provided by other law for a proceeding, a circuit court shall
collect a filing fee of $225 when a complaint or other document
is filed for the purpose of commencing an action or other civil
proceeding and when an answer or other first appearance is filed
in the proceeding.
(2) The filing fee established by this section applies to:
(a) Proceedings in which only equitable remedies are sought.
(b) Appeals from a conviction of a violation in justice or
municipal courts as provided in ORS 21.615.
(c) Interpleader actions.
(d) Adoptions under ORS chapter 109.
(e) Actions relating to a trust.
(f) Proceedings for judicial review of an agency order.
(g) Any other action or proceeding that is statutorily made
subject to the fee established by this section and any other
civil proceeding for which a specific filing fee is not
provided. + }
SECTION 9. { + Section 8 of this 2011 Act applies only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Domestic Relations Filing Fee) + }
SECTION 10. { + ORS 21.111 and 108.130 are repealed. + }
SECTION 11. { + Domestic relations filing fee. + } { + (1) A
circuit court shall collect a filing fee of $250 when a complaint
or other document is filed for the purpose of commencing one of
the following proceedings and when an answer or other first
appearance is filed in the proceeding:
(1) Proceedings for dissolution of marriage, annulment of
marriage or separation.
(2) Filiation proceedings under ORS 109.124 to 109.230.
(3) Proceedings under ORS 108.110, 109.100 and 109.103. + }
SECTION 12. { + Section 11 of this 2011 Act applies only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Simple Proceeding Filing Fee) + }
SECTION 13. { + Simple proceeding filing fee. + } { + In the
following proceedings, a circuit court shall collect a filing fee
of $100 when a complaint or other document is filed for the
purpose of commencing an action or other proceeding and at the
time of filing an answer or other first appearance in the
proceeding:
(1) Applications for change of name under ORS 33.410.
(2) Applications for a legal change of sex under ORS 33.460.
(3) Forcible entry or wrongful detainer proceedings under ORS
105.130.
(4) Guardianship proceedings under ORS chapter 125.
(5) Any other action or proceeding that is statutorily made
subject to the fee established by this section. + }
SECTION 14. { + Section 13 of this 2011 Act applies only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Tort and Contract Actions) + }
SECTION 15. { + Filing fee for tort and contract actions. + }
{ + (1) A circuit court shall collect the following filing fees
when a complaint or other document is filed for the purpose of
commencing an action or other civil proceeding based on a tort or
contract and when an answer or other first appearance is filed in
the proceeding:
(a) If the amount claimed is $50,000 or less, the court shall
collect a filing fee of $225.
(b) If the amount claimed is more than $50,000, and less than
$1 million, the court shall collect a filing fee of $500.
(c) If the amount claimed is $1 million or more and less than
$10 million, the court shall collect a fee of $750.
(d) If the amount claimed is $10 million or more, the court
shall collect a filing fee of $1,000.
(2) The filing fees provided by this section apply to
proceedings for the foreclosure of a mortgage, lien or other
security interest. For the purposes of such proceedings, the
amount claimed is the amount of the debt secured by the mortgage,
lien or other security interest that is owing as of the date that
the proceeding is filed.
(3) The filing fees provided by this section apply to
proceedings for specific performance of a contract. For the
purposes of such proceedings, the amount claimed is the amount
owing under the contract on the date that the proceeding is
filed.
(4) A court shall collect the filing fees provided by this
section when an appeal from a justice court is filed under ORS
53.005 to 53.125 or a case is transferred from a justice court
under ORS 52.320.
(5) For purposes of this section, the amount claimed in a
proceeding does not include any amount claimed as attorney fees
or as costs and disbursements.
(6) For purposes of this section, the amount claimed in a
proceeding includes any penalty or forfeiture provided by statute
or arising out of contract. + }
SECTION 16. { + Section 15 of this 2011 Act applies only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Adoption and Change of Name) + }
SECTION 17. { + ORS 21.114 is repealed. + }
SECTION 18. ORS 419B.529 is amended to read:
419B.529. (1) Notwithstanding ORS 109.309, a prospective
adoptive parent is not required to file a petition for adoption
when:
(a) A juvenile court that is a circuit court has entered an
order of permanent commitment of a ward to the Department of
Human Services under ORS 419B.527 or the parent has signed and
the department has accepted a release and surrender to the
department and a certificate of irrevocability and waiver as
provided in ORS 418.270 regarding a child;
(b) The department has completed a home study as defined in ORS
109.304 that finds the prospective parent is suitable to adopt
the child or ward and the department consents to the adoption of
the child or ward by the prospective parent;
(c) A home study and a placement report requesting the juvenile
court to enter a judgment of adoption have been filed in the
juvenile court proceeding; and
(d) At the time the placement report is filed under paragraph
(c) of this subsection, the prospective adoptive parent files the
adoption report form required under ORS 109.400.
(2) Notwithstanding { - ORS 21.114 - } { + section 8 of
this 2011 Act + }, the clerk of the juvenile court may not charge
or collect first appearance { - or hearing - } fees for a
proceeding under this section.
(3) After the filing of the home study and the placement report
requesting the court to enter a judgment of adoption, the
juvenile court that entered the order of permanent commitment may
proceed as provided in ORS 109.307 and 109.350 and may enter a
judgment of adoption.
(4) Records of adoptions filed and established under this
section shall be kept in accordance with, and are subject to, ORS
7.211. { + + }
SECTION 19. { + The amendments to ORS 419B.529 by section 18
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
{ +
(Probate) + }
SECTION 20. { + ORS 21.310 is repealed. + }
SECTION 21. { + Probate filing fees and accounting fees. + }
{ + (1) Except as provided in ORS 114.515, a probate court shall
collect the following filing fees for the filing of a petition
for the appointment of personal representative:
(a) If the value of the estate is less than $50,000, $225.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $500.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $750.
(d) If the value of the estate is $10 million or more, $1,000.
(2) A probate court shall collect the following fees for an
annual or final accounting filed in a probate proceeding:
(a) If the value of the estate is less than $50,000, $25.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $250.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $500.
(d) If the value of the estate is $10 million or more, $1,000.
(3) For the purpose of determining the value of the estate
under this section, 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.
(4) A person filing an appearance in a probate proceeding must
pay the fee established under section 8 of this 2011 Act.
(5) The fees established under this section apply to county
courts exercising probate jurisdiction. + }
SECTION 22. ORS 114.515 is amended to read:
114.515. (1) If the estate of a decedent meets the requirements
of subsection (2) of this section, any of the following persons
may file an affidavit with the clerk of the probate court in any
county where there is venue for a proceeding seeking the
appointment of a personal representative for the estate:
(a) One or more of the claiming successors of the decedent.
(b) If the decedent died testate, any person named as personal
representative in the decedent's will.
(c) The Director of Human Services, the Director of the Oregon
Health Authority or an attorney approved under ORS 114.517, if
the decedent received public assistance pursuant to ORS chapter
411 or 414 or received care at an institution as defined in ORS
179.010, and it appears that the assistance or the cost of care
may be recovered from the estate of the decedent.
(2) An affidavit under this section may be filed only if:
(a) The fair market value of the estate is $275,000 or less;
(b) Not more than $75,000 of the fair market value of the
estate is attributable to personal property; and
(c) Not more than $200,000 of the fair market value of the
estate is attributable to real property.
(3) An affidavit under this section may not be filed until 30
days after the death of the decedent.
(4) An affidavit filed under the provisions of this section
must contain the information required in ORS 114.525 and shall be
made a part of the probate records. If the affiant is an attorney
approved by the Director of Human Services or the Director of the
Oregon Health Authority, a copy of the document approving the
attorney must be attached to the affidavit.
(5) In determining fair market value under this section, the
fair market value of the entire interest in the property included
in the estate shall be used without reduction for liens or other
debts.
(6) The clerk of the probate court shall charge and collect
{ - a fee of $23 - } { + the fee established under section 13
of this 2011 Act + } for the filing of any affidavit under this
section.
(7) Any error or omission in an affidavit filed under this
section may be corrected by filing an amended affidavit within
four months after the filing of the affidavit.
(8) One or more supplemental affidavits may be filed at any
time after the filing of an affidavit under this section for the
purpose of including property not described in the original
affidavit. Copies of all previously filed affidavits must be
attached to the supplemental affidavit and all information
required in ORS 114.525 must be reflected in the supplemental
affidavit. A supplemental affidavit may not be filed if by reason
of the additional property described in the supplemental
affidavit any limitation imposed by subsection (2) of this
section is exceeded. { + + }
SECTION 23. { + Section 21 of this 2011 Act and the amendments
to ORS 114.515 by section 22 of this 2011 Act apply only to
proceedings commenced on or after the effective date of this 2011
Act. + }
SECTION 24. { + Section 25 of this 2011 Act is added to and
made a part of ORS 114.505 to 114.560. + }
SECTION 25. { + (1) A person filing a petition for summary
determination under ORS 114.540 or a petition for summary review
of administration of estate under ORS 114.550, or any other
appearance in a proceeding under ORS 114.505 to 114.560, must pay
the filing fee established under section 8 of this 2011 Act.
(2) If at any time after the filing of an affidavit under ORS
114.515 a petition for appointment of a personal representative
is filed for the same estate, the person filing the petition must
pay the fees established under section 21 of this 2011 Act. + }
SECTION 26. { + Section 25 of this 2011 Act applies only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Protective Proceedings) + }
SECTION 27. { + Guardianship filing fees. + } { + (1) A
circuit court shall collect the filing fee established under
section 13 of this 2011 Act for the filing of the initial
documents in a guardianship proceeding and for filing an
appearance in a guardianship proceeding.
(2) The fees established under this section apply to county
courts exercising probate jurisdiction. + }
SECTION 28. { + Conservatorship filing fees and accounting
fees. (1) The court shall collect the following filing fees for
the filing of the initial documents in a conservatorship
proceeding:
(a) If the value of the estate is less than $50,000, $225.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $500.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $750.
(d) If the value of the estate is $10 million or more, $1,000.
(2) The court shall collect the following fees for an annual or
final accounting filed in a conservatorship proceeding:
(a) If the value of the estate is less than $50,000, $25.
(b) If the value of the estate is $50,000 or more, but less
than $1 million, $250.
(c) If the value of the estate is $1 million or more, but less
than $10 million, $500.
(d) If the value of the estate is $10 million or more, $1,000.
(3) For the purpose of determining the value of the estate
under this section, 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.
(4) Except as provided in subsection (1) of this section, at
the time of filing an appearance in a conservatorship proceeding
the party filing the appearance must pay the filing fee
established under section 8 of this 2011 Act.
(5) The fees established by this section apply to county courts
exercising probate jurisdiction. + }
SECTION 29. ORS 112.820 is amended to read:
112.820. (1) An attorney authorized to destroy a will under ORS
112.815 may proceed as follows:
(a) The attorney shall first publish a notice in a newspaper of
general circulation in the county of the last-known address of
the testator, if any, otherwise in the county of the principal
place of business of the attorney. The notice shall state the
name of the testator, the date of the will and the intent of the
attorney to destroy the will if the testator does not contact the
attorney within 90 days after the date of the notice.
(b) If the testator fails to contact the attorney within 90
days after the date of the notice, the attorney may destroy the
will.
(c) Within 30 days after destruction of the will, the attorney
shall file with the probate court in the county where the notice
was published an affidavit stating the name of the testator, the
name and relationship of each person named in the will whom the
testator identified as related to the testator by blood, adoption
or marriage, the date of the will, proof of the publication and
the date of destruction.
(d) The clerk of the probate court shall charge and collect
{ - a fee of $17 - } { + the fee established under section 13
of this 2011 Act + } for filing of the affidavit.
(2) If a will has not been admitted to probate within 40 years
following the death of the testator, an attorney having custody
of the will may destroy the will without notice to any person or
court.
SECTION 30. ORS 130.045 is amended to read:
130.045. (1) For purposes of this section, 'interested persons'
means any settlor of a trust who is living, all beneficiaries of
the trust who have an interest in the subject of the agreement,
any acting trustee of the trust, and the Attorney General if the
trust is a charitable trust subject to the enforcement or
supervisory powers of the state or the Attorney General under the
provisions of ORS 128.610 to 128.750.
(2) Except as otherwise provided in subsection (3) of this
section, interested persons may enter into a binding nonjudicial
settlement agreement with respect to any matter involving a
trust.
(3) A nonjudicial settlement agreement is valid only to the
extent the agreement does not violate a material purpose of the
trust and includes terms and conditions that could be properly
approved by the court under this chapter or other applicable law.
(4) Matters that may be resolved by a nonjudicial settlement
agreement include:
(a) The interpretation or construction of the terms of the
trust or other writings that affect the trust.
(b) The approval of a trustee's report or accounting.
(c) Direction to a trustee to refrain from performing a
particular act or the grant to a trustee of any necessary or
desirable power.
(d) The resignation or appointment of a trustee and the
determination of a trustee's compensation.
(e) Transfer of a trust's principal place of administration.
(f) Liability of a trustee for an action or failure to act
relating to the trust.
(g) Determining classes of creditors, beneficiaries, heirs,
next of kin or other persons.
(h) Resolving disputes arising out of the administration or
distribution of the trust.
(i) Modifying the terms of the trust, including extending or
reducing the period during which the trust operates.
(5)(a) Any interested person may file a settlement agreement
entered into under this section, or a memorandum summarizing the
provisions of the agreement, with the circuit court for any
county where trust assets are located or where the trustee
administers the trust.
(b) After collecting the fee provided for in subsection (7)
{ - (a) - } of this section, the clerk shall enter the
agreement or memorandum of record in the court's register.
(c) Within five days after the filing of an agreement or
memorandum under this subsection, the person making the filing
must serve a notice of the filing and a copy of the agreement or
memorandum on each person interested in the trust whose address
is known at the time of the filing. Service may be made
personally, or by registered or certified mail, return receipt
requested. The notice of filing shall be substantially in the
following form:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
CAPTION NOTICE OF FILING OF
OF CASE SETTLEMENT AGREEMENT
OR MEMORANDUM OF
SETTLEMENT AGREEMENT
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
You are hereby notified that the attached document was filed by
the undersigned in the above entitled court on the ___ day of
____ , __. Unless you file objections to the agreement within 120
days after that date, the agreement will be approved and will be
binding on all persons interested in the trust.
If you file objections within the 120-day period, the court
will fix a time and place for a hearing. At least 10 days before
the date of that hearing, you must serve a copy of your
objections and give notice of the time and place of the hearing
to all persons interested in the trust. See ORS 130.045.
______________
Signature
_________________________________________________________________
(d) Proof of mailing of the notices required under this
subsection must be filed with the court. Proof of service may be
made by a certificate of service in the form provided by ORCP 7
F, by a signed acceptance of service or by a return receipt from
the postal authorities.
(e) If no objections are filed with the court within 120 days
after the filing of the agreement or memorandum, the agreement is
effective and binding on all persons interested in the trust.
(6)(a) If objections are filed with the court within 120 days
after the filing of a settlement agreement or memorandum under
this section, the clerk of the court shall collect the fee
provided in subsection (7) { - (a) - } of this section. Upon
the filing of objections, the court shall fix a time and place
for a hearing. The person filing the objections must serve a
copy of the objections on all persons interested in the trust and
give notice to those persons of the time and place fixed by the
court for a hearing. Service must be made at least 10 days before
the date set by the court for the hearing. Service of the
objections may be made personally or by registered or certified
mail, return receipt requested.
(b) Proof of mailing of objections must be filed with the
court. Proof of service may be made by a certificate of service
in the form provided by ORCP 7 F, by a signed acceptance of
service or by a return receipt from the postal authorities.
(c) The court shall approve an agreement entered into under
this section after a hearing upon objections filed under this
subsection unless:
(A) The agreement does not reflect the signatures of all
persons required by this section;
(B) The agreement is not authorized by this section; or
(C) Approval of the agreement would not be equitable.
(d) An agreement approved by the court after a hearing is
binding on all persons interested in the trust.
(e) Persons interested in the trust may waive the notice
required under subsection (5) of this section. If all persons
interested in the trust waive the notice, the agreement is
effective and binding on all persons interested in the trust upon
filing of the agreement or memorandum with the court.
(7) { - (a) - } The clerk of the circuit court shall collect
in advance { - a fee of $65 - } { + the filing fees
established under section 8 of this 2011 Act + } for the filing
of an agreement or memorandum of agreement under subsection (5)
of this section { - , - } and { - a fee of $32.50 - } for
the filing of objections under subsection (6) of this section.
{ - (b) In addition to the filing fees provided for in
paragraph (a) of this subsection, the clerk shall charge and
collect in proceedings under this section all additional fees
authorized by law for civil actions, suits or proceedings in
circuit court. - }
{ - (c) A pleading or other document is not considered filed
unless the fees required by this subsection are paid. Filing fees
may not be refunded to any party. - } { + + }
SECTION 31. { + Sections 27 and 28 of this 2011 Act, and the
amendments to ORS 112.820 and 130.045 by sections 29 and 30 of
this 2011 Act, apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
{ +
(Foreign Judgments) + }
SECTION 32. ORS 24.115 is amended to read:
24.115. (1) A copy of any foreign judgment authenticated in
accordance with the Act of Congress or the statutes of this state
may be filed in the office of the clerk of any circuit court of
any county of this state. { + Except as otherwise provided by
law, the person filing the copy of the foreign judgment must pay
the filing fee established under section 8 of this 2011 Act. + }
The clerk shall treat the foreign judgment in the same manner as
a judgment of the circuit court.
(2) A certified copy of any foreign judgment authenticated in
accordance with the Act of Congress or the statutes of this state
shall be recorded in the County Clerk Lien Record of any county
other than the county in which the judgment is originally filed,
in order to become a lien upon the real property of the judgment
debtor in that county as provided in ORS 18.152.
(3) A judgment so filed has the same effect and is subject to
the same procedures, defenses and proceedings for reopening,
vacating or staying as a judgment of the circuit court in which
the foreign judgment is filed, and may be enforced or satisfied
in like manner.
(4) A foreign judgment of a tribal court of a federally
recognized Indian tribe that is filed in a circuit court under
this section, and that otherwise complies with 26 U.S.C. 414(p)
as a domestic relations order as defined in 26 U.S.C. 414(p), is
a domestic relations order made pursuant to the domestic
relations laws of this state for the purposes of 26 U.S.C.
414(p).
SECTION 33. ORS 24.135 is amended to read:
24.135. (1) If the judgment debtor shows the court of any
county that an appeal from the foreign judgment is pending or
will be taken, or that a stay of execution has been granted, the
court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of
execution expires or is vacated, upon proof that the judgment
debtor has furnished the security for the satisfaction of the
judgment required by the state in which it was rendered.
(2) If the judgment debtor shows the court of any county any
ground upon which enforcement of a judgment of any court of any
county of this state would be stayed, the court shall stay
enforcement of the foreign judgment for an appropriate period,
upon requiring the same security for satisfaction of the judgment
which is required in this state.
{ + (3) Any person making an appearance in proceedings
related to foreign judgments filed under ORS 24.115, including a
judgment debtor filing a proceeding seeking a stay of judgment
under this section or otherwise seeking relief from enforcement
of the judgment, must pay the filing fee established under
section 8 of this 2011 Act. + }
SECTION 34. ORS 109.787 is amended to read:
109.787. (1) A child custody determination issued by a court of
another state may be registered in this state, with or without a
simultaneous request for enforcement, by sending to any circuit
court in this state:
(a) A letter or other document requesting registration;
{ + (b) The filing fee established under section 13 of this
2011 Act; + }
{ - (b) - } { + (c) + } Two copies, including one certified
copy, of the determination sought to be registered and a
statement under penalty of perjury that to the best of the
knowledge and belief of the person seeking registration the order
has not been modified; and
{ - (c) - } { + (d) + } Except as otherwise provided in ORS
109.767, the name and address of the person seeking registration
and any parent or person acting as a parent who has been awarded
custody, parenting time or visitation in the child custody
determination sought to be registered.
(2) On receipt of the documents required by subsection (1) of
this section, the registering court shall cause the determination
to be filed as a foreign judgment, together with one copy of any
accompanying documents and information, regardless of their form.
(3) The person seeking registration of a child custody
determination shall serve notice upon the persons named under
subsection { - (1)(c) - } { + (1)(d) + } of this section
notifying them of the opportunity to contest the registration in
accordance with this section.
(4) The notice required by subsection (3) of this section must
state that:
(a) A registered determination is enforceable as of the date of
the registration in the same manner as a determination issued by
a court of this state;
(b) A hearing to contest the validity of the registered
determination must be requested within 21 days after service of
notice; and
(c) Failure to contest the registration will result in
confirmation of the child custody determination and preclude
further contest of that determination with respect to any matter
that could have been asserted.
(5) A person seeking to contest the validity of a registered
order must request a hearing within 21 days after service of the
notice { + and pay the filing fee established under section 13
of this 2011 Act + }. At that hearing, the court shall confirm
the registered order unless the person contesting registration
establishes that:
(a) The issuing court did not have jurisdiction under ORS
109.741 to 109.771;
(b) The child custody determination sought to be registered has
been vacated, stayed or modified by a court having jurisdiction
to do so under ORS 109.741 to 109.771; or
(c) The person contesting registration was entitled to notice,
but notice was not given in accordance with the standards of ORS
109.724, in the proceedings before the court that issued the
order for which registration is sought.
(6) If a timely request for a hearing to contest the validity
of the registration is not made, the registration is confirmed as
a matter of law and the person requesting registration and all
persons served must be notified of the confirmation.
(7) Confirmation of a registered order, whether by operation of
law or after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted at
the time of registration.
SECTION 35. ORS 110.426 is amended to read:
110.426. A party or support enforcement agency seeking to
modify, or to modify and enforce, a child support order issued in
another state shall register that order in this state in the same
manner provided in ORS 110.405, 110.408 and 110.411 if the order
has not been registered. A petition for modification may be filed
at the same time as a request for registration, or later. The
pleading must specify the grounds for modification. { + The
person filing the request for registration, and any other person
making an appearance in the proceeding, must pay the filing fee
established under section 13 of this 2011 Act. + }
SECTION 36. ORS 125.842 is amended to read:
125.842. If a guardian has been appointed in another state and
a petition for the appointment of a guardian is not pending in
this state, the guardian appointed in the other state, after
giving notice to the appointing court of an intent to register,
may register the guardianship order in this state by filing as a
foreign judgment in a court, in any appropriate county of this
state, certified copies of the order and letters of office. { +
The person registering the order, and any other person making an
appearance in the proceeding, must pay the filing fee established
under section 13 of this 2011 Act. + }
SECTION 37. ORS 125.845 is amended to read:
125.845. If a conservator has been appointed in another state
and a petition for a conservatorship order is not pending in this
state, the conservator appointed in the other state, after giving
notice to the appointing court of an intent to register, may
register the conservatorship order in this state by filing as a
foreign judgment in a court of this state, in any county in which
property belonging to the protected person is located, certified
copies of the order and letters of office and of any bond. { +
The person registering the order, and any other person making an
appearance in the proceeding, must pay the filing fee established
under section 13 of this 2011 Act. + }
SECTION 38. { + The amendments to ORS 24.115, 24.135, 109.787,
110.426, 125.842 and 125.845 by sections 32 to 37 of this 2011
Act apply only to proceedings commenced on or after the effective
date of this 2011 Act. + }
{ +
(Habeas Corpus Proceedings) + }
SECTION 39. ORS 34.340 is amended to read:
34.340. The writ shall be allowed by the court or judge thereof
upon the petition of the party for whose relief it is intended,
or of some other person in behalf of the party, signed and
verified by the oath of the plaintiff, to the effect that the
plaintiff believes it to be true. The petition must be
accompanied by { - a - } { + the + } filing fee { - of
$28 - } { + established under section 8 of this 2011 Act + }.
{ + + }
SECTION 40. { + The amendments to ORS 34.340 by section 39 of
this 2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
{ +
(Arbitration-Related Proceedings) + }
SECTION 41. ORS 36.520 is amended to read:
36.520. (1) Recourse to a court against an arbitral award may
only be by an application for setting aside in accordance with
subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court
only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or,
failing any indication thereon, under the laws of the State of
Oregon or the United States;
(B) The party making the application was not given proper
notice of the appointment of an arbitrator or of the arbitral
proceedings or was otherwise unable to present the party's case;
(C) The award deals with a dispute not contemplated by or not
falling within the terms of the submission to arbitration or
contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters not
submitted to arbitration can be separated from those not so
submitted, only that part of the award which contains decisions
on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the
parties, unless such agreement was in conflict with a provision
of ORS 36.450 to 36.558 from which the parties cannot derogate,
or, failing such agreement, was not in accordance with ORS 36.450
to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The award is in conflict with the public policy of the
State of Oregon or of the United States.
(3) An application for setting aside may not be made after
three months have elapsed from the date on which the party making
that application had received the award or, if a request had been
made under ORS 36.518, from the date on which that request had
been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral
award, may, where appropriate and so requested by a party,
suspend the setting aside proceedings for a period of time
determined by it in order to give the arbitral tribunal an
opportunity to resume the arbitral proceedings or to take such
other action as in the arbitral tribunal's opinion will eliminate
the grounds for setting aside.
(5) The clerk of the circuit court shall collect { + the
filing fees established under section 8 of this 2011 Act + } from
the party making application for setting aside under subsection
(1) of this section { - a filing fee of $39 - } and from a
party filing an appearance in opposition to the
application { + . + } { - a filing fee of $39. However, if the
application relates to an arbitral award made following an
application or request to a circuit court under any section of
ORS 36.450 to 36.558 in respect to which the parties have paid
filing fees under ORS 21.110, filing fees shall not be collected
under this subsection. An application for setting aside or an
appearance in opposition thereto shall not be deemed filed unless
the fee required by this subsection is paid by the filing
party. - }
SECTION 42. ORS 36.522 is amended to read:
36.522. (1) An arbitral award, irrespective of the country in
which it was made, shall be recognized as binding and, upon
application in writing to the circuit court, shall be enforced
subject to the provisions of this section and ORS 36.524.
(2) The party relying on an award or applying for its
enforcement shall supply the authenticated original or a
certified copy of the award and the original or certified copy of
the arbitration agreement referred to in ORS 36.466. If the award
or agreement is not made in the English language, then the party
relying on the award or applying for its enforcement shall supply
a duly certified translation thereof into the English language.
(3) The party relying on an arbitral award or applying for its
enforcement shall deliver to the clerk of the circuit court the
documents specified in subsection (2) of this section along with
proof of the delivery of a copy of the arbitral award as required
by ORS 36.514 (4). The relying party shall pay to the clerk
{ - a - } { + the + } filing fee { - of $25 - } { +
established under section 8 of this 2011 Act + }, after which the
clerk shall enter the arbitral award of record in the office of
the clerk. If no application to set aside is filed against the
arbitral award as provided in ORS 36.520 within the time
specified in ORS 36.520 (3) or, if such an application is filed,
the relying party after the disposition of the application
indicates the intention to still rely on the award or to apply
for its enforcement, judgment shall be entered as upon the
verdict of a jury, and execution may issue thereon, and the same
proceedings may be had upon the award with like effect as upon a
verdict in a civil action.
SECTION 43. ORS 36.524 is amended to read:
36.524. (1) Recognition or enforcement of an arbitral award,
irrespective of the country in which it was made, may be refused
only:
(a) At the request of the party against whom it is invoked, if
that party pays the clerk of the circuit court { - a - } { +
the + } filing fee { - of $25 - } { + established under
section 8 of this 2011 Act + } and furnishes to the court where
recognition or enforcement is sought proof that:
(A) A party to the arbitration agreement referred to in ORS
36.466 was under some incapacity or that the agreement is not
valid under the law to which the parties have subjected it or
under the law of the country where the award was made;
(B) The party against whom the award is invoked was not given
proper notice of the appointment of an arbitrator or of the
arbitral proceedings or was otherwise unable to present the
party's case;
(C) The arbitral award deals with a dispute not contemplated by
or not falling within the terms of the submission to arbitration
or the award contains decisions on matters beyond the scope of
the submission to arbitration, provided that, if the decisions on
matters submitted to arbitration can be separated from those not
so submitted, that part of the award which contains decisions on
matters submitted to arbitration may be recognized and enforced;
(D) The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of the parties
or, failing such agreement, was not in accordance with the law of
the country where the arbitration took place; or
(E) The award has not yet become binding on the parties or has
been set aside or suspended by a court of the country in which,
or under the law of which, that award was made; or
(b) If the court finds that:
(A) The subject matter of the dispute is not capable of
settlement by arbitration under the laws of the State of Oregon
or of the United States; or
(B) The recognition or enforcement of the arbitral award would
be contrary to the public policy of the State of Oregon or of the
United States.
(2) If an application for setting aside or suspension of an
award has been made to the court referred to in subsection
(1)(a)(E) of this section, and if it considers it proper, the
court where recognition or enforcement is sought may adjourn its
decision on application of the party claiming recognition or
enforcement of the award. The court may also order the other
party to provide appropriate security.
SECTION 44. ORS 36.615, as amended by sections 40 and 41,
chapter 107, Oregon Laws 2010, is amended to read:
36.615. (1) { - (a) - } Except as otherwise provided in ORS
36.730, an application for judicial relief under ORS 36.600 to
36.740 must be made by petition to the court. { + The petitioner
and the respondent must pay the filing fees established under
section 8 of this 2011 Act. + } { - Except as otherwise
provided in this subsection, a person filing the first petition
relating to an agreement to arbitrate or relating to an
arbitration proceeding must pay the filing fee provided by ORS
21.110 (1) for plaintiffs, and persons responding to the petition
must pay the filing fee provided by ORS 21.110 (1) for
defendants. If subsequent petitions are filed relating to the
same agreement to arbitrate or arbitration proceeding, no
additional filing fees shall be required of the parties. - }
{ - (b) If the first petition relating to an arbitration
proceeding is a petition to seek confirmation, vacation,
modification or correction of an award under ORS 36.700, 36.705
or 36.710, the person filing the petition must pay a fee of $39,
and a person filing an appearance in opposition to the petition
must pay a filing fee of $39. - }
{ - (c) If a civil action is pending relating to the same
dispute that is the subject of the arbitration, and filing fees
were paid for that action under ORS 21.110, filing fees may not
be charged under this subsection for the filing of any petition
under ORS 36.600 to 36.740. - }
(2) Unless a civil action involving the agreement to arbitrate
is pending, notice of a first petition to the court under ORS
36.600 to 36.740 { - , - } must be served in the manner
provided by ORCP 7 D. Otherwise, notice of the petition must be
given in the manner provided by ORCP 9. { + + }
SECTION 45. { + The amendments to ORS 36.520, 36.522, 36.524
and 36.615 by sections 41 to 44 of this 2011 Act apply only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Small Claims) + }
SECTION 46. ORS 46.570 is amended to read:
46.570. { - (1) In the small claims department of circuit
court there shall be charged and collected in civil cases by the
clerk of the court the following fees for the following purposes
and services: - }
{ - (a)(A) Plaintiff filing a claim, $26 when the amount or
value claimed does not exceed $1,500, and $55 when the amount or
value claimed exceeds $1,500; and - }
{ - (B) Defendant demanding a hearing, $24 when the amount or
value claimed by plaintiff does not exceed $1,500, and $50 when
the amount or value claimed by plaintiff exceeds $1,500. - }
{ - (b) Transcription of judgment from small claims
department, $7. - }
{ - (c) Transfer of cause to circuit court on counterclaim,
$12. - }
{ - (2) Except as otherwise provided in subsection (1) of
this section, fees provided for in this section shall be
collected in advance. A pleading or other document shall be filed
by the clerk only if the required fee is paid or if a request for
a fee waiver or deferral is granted by the court. Fees provided
for in this section may not be refunded. - } { + The small
claims department of a circuit court shall collect a filing fee
of $65 from the plaintiff when a claim is filed in the court and
from the defendant when the defendant demands a hearing. + }
SECTION 47. ORS 46.405 is amended to read:
46.405. (1) Except as provided in subsection (6) of this
section, each circuit court shall have a small claims department.
(2) Except as provided in this section, all actions for the
recovery of money, damages, specific personal property, or any
penalty or forfeiture must be commenced and prosecuted in the
small claims department if the amount or value claimed in the
action does not exceed $750.
(3) Except as provided in this section { - and ORS 46.455
(2)(c) - } , an action for the recovery of money, damages,
specific personal property, or any penalty or forfeiture may be
commenced and prosecuted in the small claims department if the
amount or value claimed in the action does not exceed $7,500.
(4) Class actions may not be commenced and prosecuted in the
small claims department.
(5) Actions providing for statutory attorney fees in which the
amount or value claimed does not exceed $750 may be commenced and
prosecuted in the small claims department or may be commenced and
prosecuted in the regular department of the circuit court. This
subsection does not apply to an action based on contract for
which attorney fees are authorized under ORS 20.082.
(6) If a circuit court is located in the same city as a justice
court, the circuit court need not have a small claims department
if the circuit court and the justice court enter into an
intergovernmental agreement that provides that only the justice
court will operate a small claims department. If an
intergovernmental agreement is entered into under this
subsection, the agreement must establish appropriate procedures
for referring small claims cases to the justice court.
SECTION 48. ORS 46.425 is amended to read:
46.425. (1) An action in the small claims department shall be
commenced by the plaintiff's filing with the clerk of the court a
verified claim in the form prescribed by the court { - , and by
paying the fee prescribed by ORS 46.570 (1)(a) for each action
filed - } .
(2) The claim shall contain the name and address of the
plaintiff and of the defendant, followed by a plain and simple
statement of the claim, including the amount and the date the
claim allegedly accrued. The claim shall include an affidavit
signed by the plaintiff and stating that the plaintiff made a
bona fide effort to collect the claim from the defendant before
filing the claim with the clerk.
(3) Except in actions arising under ORS chapter 90, the
plaintiff must include in a claim all amounts claimed from the
defendant arising out of a single transaction or occurrence. Any
plaintiff alleging damages on a transaction requiring installment
payments need only claim the installment payments due and owing
as of the date of filing of the claim, and need not accelerate
the remaining payments. The plaintiff may include in a claim all
amounts claimed from a defendant on more than one transaction or
occurrence if the total amount of the claim does not exceed
$7,500.
(4) Notwithstanding subsection (3) of this section, a plaintiff
bringing an action on assigned claims:
(a) Need bring an action only on those claims that have been
assigned as of the date the action is filed; and
(b) May bring separate actions for each person assigning claims
to the plaintiff.
SECTION 49. ORS 46.455 is amended to read:
46.455. Within 14 days after the date of service of the notice
and claim upon the defendant as provided in ORS 46.445:
(1) If the defendant admits the claim, the defendant may settle
it by:
(a) Paying to the plaintiff the amount of the claim plus the
amount of all filing fees and service expenses paid by the
plaintiff and mailing proof of that payment to the court.
(b) If the claim is for recovery of specific personal property,
delivering the property to the plaintiff and paying to the
plaintiff the amount of all filing fees and service expenses paid
by the plaintiff and mailing proof of that delivery and payment
to the court.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a
written request to the clerk in the form prescribed by the court,
accompanied by payment of the defendant's fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the
form provided by the court { - ; or - } { + . + }
{ - (c) - } { + (3) + } If the amount or value claimed
exceeds $750, { + the defendant + } has a constitutional right
to a jury trial and may claim that right in a written request to
the clerk in the form prescribed by the court, accompanied by
payment of the appearance fee required from defendants { - in
circuit court actions together with the amount of the circuit
court jury trial fee for the first day of trial - } { + under
section 15 of this 2011 Act + }. The request shall designate a
mailing address to which a summons and copy of the complaint may
be served by mail. Thereafter, the plaintiff's claim will not be
limited to the amount stated in the claim, though it must involve
the same controversy.
SECTION 50. ORS 46.461 is amended to read:
46.461. (1) The defendant in an action in the small claims
department may assert as a counterclaim any claim that, on the
date of issuance of notice pursuant to ORS 46.445, the defendant
may have against the plaintiff and that arises out of the same
transaction or occurrence that is the subject matter of the claim
filed by the plaintiff.
(2) If the amount or value of the counterclaim exceeds $7,500,
the court shall strike the counterclaim and proceed to hear and
dispose of the case as though the counterclaim had not been
asserted unless the defendant files with the counterclaim a
motion requesting that the case be transferred from the small
claims department to the circuit court. After the transfer the
plaintiff's claim will not be limited to the amount stated in the
claim filed with the small claims department, though it must
involve the same controversy.
(3)(a) If the amount or value of the counterclaim exceeds that
specified in subsection (2) of this section, and the defendant
files a motion requesting transfer as provided in subsection (2)
of this section, the case shall be transferred to the circuit
court. The clerk of the court shall notify the plaintiff and
defendant, by mail, of the transfer. The notice to the plaintiff
shall contain a copy of the counterclaim and shall instruct the
plaintiff to file with the court and serve by mail on the
defendant, within 20 days following the mailing of the notice, a
reply to the counterclaim and, if the plaintiff proposes to
increase the amount of the claim originally filed with the small
claims department, an amended claim for the increased amount.
Proof of service on the defendant of the plaintiff's reply and
amended claim may be made by certificate of the plaintiff or
plaintiff's attorney attached to the reply and amended claim
filed with the court. The defendant is not required to answer an
amended claim of the plaintiff.
(b) Upon filing the motion requesting transfer, the defendant
shall pay to the clerk of the court { - the transfer fee
required by ORS 46.570 (1)(c) and - } an amount equal to the
difference between the fee paid by the defendant as required by
ORS 46.570 { - (1)(a) - } and the fee required of a defendant
{ - by ORS 21.110 - } { + under section 15 of this 2011
Act + }. Upon filing a reply to the counterclaim, the plaintiff
shall pay to the clerk of the court an amount equal to the
difference between the fee paid by the plaintiff as required by
ORS 46.570 { - (1)(a) - } { + + }and the fee required of a
plaintiff { - by ORS 21.110 - } { + under section 15 of this
2011 Act + }.
SECTION 51. ORS 46.465 is amended to read:
46.465. (1) If the defendant demands a hearing in the small
claims department, under the direction of the court the clerk
shall fix a day and time for the hearing and shall mail to the
parties a notice of the hearing time in the form prescribed by
the court, instructing them to bring witnesses, documents and
other evidence pertinent to the controversy.
(2) If the defendant asserts a counterclaim, the notice of the
hearing time shall contain a copy of the counterclaim.
(3)(a) If the defendant claims the right to a jury trial, the
clerk shall notify the plaintiff by mail of the requirements of
this paragraph. Within 20 days after the mailing of the notice,
the plaintiff must file a formal complaint with the court and
serve by mail a summons and copy of the complaint on the
defendant at the designated address of the defendant. Proof of
service must be filed by the plaintiff with the court. Proof of
service may be made by filing a certificate of the plaintiff or
the plaintiff's attorney with the complaint.
(b) The plaintiff's claim in the formal complaint filed
pursuant to this subsection is not limited to the amount stated
in the claim filed in the small claims department, but the claim
in the formal complaint must relate to the same controversy.
(c) The defendant must file an appearance in the matter within
10 days after the date on which the summons and copy of the
complaint would be delivered to the defendant in due course of
mail. Thereafter the cause shall proceed as other causes in the
court, and costs and disbursements shall be allowed and taxed.
Fees not previously paid shall be charged and collected as
provided for other cases tried in the circuit court, except that
the appearance fee for the plaintiff shall be an amount equal to
the difference between the fee paid by the plaintiff as required
by ORS 46.570 and the fee required of the plaintiff under
{ - ORS 21.110 - } { + section 15 of this 2011 Act + }.
(4)(a) If the defendant claims the right to a jury trial and
does not prevail in the action, the court shall award to the
plaintiff reasonable attorney fees incurred by the plaintiff in
the action. Unless attorney fees are otherwise provided for in
the action by contract or statutory provision, attorney fees
awarded under this paragraph may not exceed $1,000.
(b) If the defendant asserts a counterclaim that requires
transfer of the matter under the provisions of ORS 46.461, and
the defendant does not prevail in the action, the court shall
award to the plaintiff reasonable attorney fees incurred by the
plaintiff in the action.
SECTION 52. ORS 46.475 is amended to read:
46.475. (1) Upon written request, the court may extend to the
parties additional time within which to make formal appearances
required in the small claims department of a circuit court.
(2) If the defendant fails to pay the claim, demand a hearing,
or demand a jury trial and comply with ORS 46.465 (3)(c), upon
written request from the plaintiff the clerk shall enter a
judgment against the defendant for the relief claimed plus the
amount of the small claims filing fees and service expenses paid
by the plaintiff and the prevailing party fee provided by ORS
20.190.
(3) If the plaintiff fails within the time provided to file a
formal complaint pursuant to ORS 46.465 (3)(a), the clerk shall
{ - : - }
{ - (a) - } dismiss the case without prejudice { + . + }
{ - ; and - }
{ - (b) If the defendant applies therefor in writing to the
clerk not later than 30 days after the expiration of the time
provided for the plaintiff to file a formal complaint, refund to
the defendant the amount of the jury trial fee paid by the
defendant under ORS 46.455 (2)(c). - }
(4) If the defendant appears at the time set for hearing but no
appearance is made by the plaintiff, the claim shall be dismissed
with prejudice. If neither party appears, the claim shall be
dismissed without prejudice.
(5) Upon good cause shown within 60 days, the court may set
aside a default judgment or dismissal and reset the claim for
hearing.
SECTION 53. ORS 55.011 is amended to read:
55.011. (1) Except as provided in subsection (8) of this
section, in each justice court created under any law of this
state there shall be a small claims department.
(2) Except as provided in this section, all actions for the
recovery of money, damages, specific personal property, or any
penalty or forfeiture must be commenced and prosecuted in the
small claims department if the amount or value claimed in the
action does not exceed $750.
(3) Except as provided in this section { - and ORS 46.455
(2)(c) - } , an action for the recovery of money, damages,
specific personal property, or any penalty or forfeiture may be
commenced and prosecuted in the small claims department if the
amount or value claimed in the action does not exceed $7,500.
(4) Class actions may not be commenced and prosecuted in the
small claims department.
(5) Actions providing for statutory attorney fees in which the
amount or value claimed does not exceed $750 may be commenced and
prosecuted in the small claims department or may be commenced and
prosecuted in the regular department of the justice court. This
subsection does not apply to an action based on contract for
which attorney fees are authorized under ORS 20.082.
(6) Jurisdiction of the person of the defendant in an action
commenced in the small claims department shall be deemed acquired
as of the time of service of the notice and claim.
(7) Except as provided in ORS 55.065 (2)(c), the provisions of
ORS 55.020 to 55.140 shall apply with regard to proceedings in
the small claims department of any justice court.
(8) If a justice court is located in the same city as a circuit
court, the justice court need not have a small claims department
if the justice court and the circuit court enter into an
intergovernmental agreement that provides that only the circuit
court will operate a small claims department. If an
intergovernmental agreement is entered into under this
subsection, the agreement must establish appropriate procedures
for referring small claims cases to the circuit court. { + + }
SECTION 54. { + The amendments to ORS 46.405, 46.425, 46.455,
46.461, 46.465, 46.475 and 46.570 by sections 46 to 52 of this
2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
{ +
(Forcible Entry or Wrongful Detainer) + }
SECTION 55. ORS 105.130 is amended to read:
105.130. (1) Except as provided in this section and ORS
105.135, 105.137 and 105.140 to 105.161, an action pursuant to
ORS 105.110 shall be conducted in all respects as other actions
in courts of this state.
(2) Upon filing a complaint in the case of a dwelling unit to
which ORS chapter 90 applies, the clerk shall:
(a) Collect { - a - } { + the + } filing fee { - of
$13 - } { + established under section 13 of this 2011 Act + };
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the
plaintiff or an agent of the plaintiff sufficient copies of the
summons and complaint for service.
(3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, { - the plaintiff
shall pay an additional filing fee of $29 and - } the defendant
{ - shall - } { + must + } pay { - a - } { + the + }
filing fee { - of $42 - } { + established under section 13 of
this 2011 Act + }.
(4) An action pursuant to ORS 105.110 shall be brought in the
name of a person entitled to possession as plaintiff. The
plaintiff may appear in person or through an attorney. In an
action to which ORS chapter 90 applies, the plaintiff may also
appear through a nonattorney who is an agent or employee of the
plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a
state agency may appear in an action brought pursuant to ORS
105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in
the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being
conducted.
{ - (6) In addition to the fees charged under subsection (2)
of this section, the clerk shall collect a surcharge from the
plaintiff at the time a complaint is filed that is subject to the
filing fees established by subsection (2) of this section and
from a defendant at the time a defendant demands a trial in the
action. The surcharge shall be deposited by the State Court
Administrator into the State Treasury to the credit of the
Housing and Community Services Department Low Income Rental
Housing Fund established by ORS 458.350. The amount of the
surcharge shall be $10. - }
{ - (7) A document or pleading shall be filed by the clerk
only if the fees and surcharges required under this section are
paid by the person filing the document or pleading or if an
application for a waiver or deferral of fees and court costs is
granted by the court under ORS 21.680 to 21.698. Fees and
surcharges provided for in this section may not be refunded. - }
{ - (8) - } { + (6) + } An action brought under ORS 105.110
by a person entitled to possession of premises on the basis of
circumstances described in ORS 105.115 (1)(d), (e) or (f) is
subject to the filing fees and other court or sheriff fees
applicable to an action concerning a dwelling unit that is
subject to ORS chapter 90. The procedure under ORS 105.105 to
105.168 that is applicable to an action concerning a dwelling
unit subject to ORS chapter 90 shall also apply to an action
brought under ORS 105.115 (1)(d), (e) or (f), except that the
complaint must be in the form prescribed in ORS 105.126.
{ + + }
SECTION 56. { + The amendments to ORS 105.130 by section 55 of
this 2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
{ +
(Post-Conviction Relief) + }
SECTION 57. ORS 138.560 is amended to read:
138.560. (1) A proceeding for post-conviction relief pursuant
to ORS 138.510 to 138.680 shall be commenced by filing a petition
and two copies thereof with the clerk of the circuit court for
the county in which the petitioner is imprisoned or, if the
petitioner is not imprisoned, with the clerk of the circuit court
for the county in which the petitioner's conviction and sentence
was rendered. Except as otherwise provided in ORS 138.590, the
petitioner { - shall - } { + must + } pay { - a $28 - }
{ + the + } filing fee { + established under section 8 of this
2011 Act + } at the time of filing a petition under this section.
If the petitioner prevails, the petitioner shall recover the fee
pursuant to the Oregon Rules of Civil Procedure. The clerk of the
court in which the petition is filed shall enter and file the
petition and bring it promptly to the attention of such court. A
copy of the petition need not be served by petitioner on the
defendant, but, in lieu thereof, the clerk of the court in which
the petition is filed shall immediately forward a copy of the
petition to the Attorney General or other attorney for the
defendant named in ORS 138.570.
(2) For the purposes of ORS 138.510 to 138.680, a person
released on parole or conditional pardon shall be deemed to be
imprisoned in the institution from which the person is so
released.
(3) Except when petitioner's conviction was for a misdemeanor,
the release of the petitioner from imprisonment during the
pendency of proceedings instituted pursuant to ORS 138.510 to
138.680 shall not cause the proceedings to become moot. Such
release of petitioner shall not change the venue of the
proceedings out of the circuit court in which they were commenced
and shall not affect the power of such court to transfer the
proceedings as provided in subsection (4) of this section.
(4) Whenever the petitioner is imprisoned in a Department of
Corrections institution and the circuit court for the county in
which the petitioner is imprisoned finds that the hearing upon
the petition can be more expeditiously conducted in the county in
which the petitioner was convicted and sentenced, the circuit
court upon its own motion or the motion of a party may order the
petitioner's case to be transferred to the circuit court for the
county in which petitioner's conviction and sentence were
rendered. The court's order is not reviewable by any court of
this state.
(5) When a petitioner who is imprisoned in a Department of
Corrections institution is transferred to another Department of
Corrections institution, the circuit court in which a
post-conviction relief proceeding is pending may deny a motion
for a change of venue to the county where the petitioner is
transferred. The court's order is not reviewable by any court of
this state. { + + }
SECTION 58. { + The amendments to ORS 138.560 by section 57 of
this 2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
{ +
(Firearm Permits) + }
SECTION 59. ORS 166.274, as amended by section 19, chapter 826,
Oregon Laws 2009, and section 2, chapter 86, Oregon Laws 2010, is
amended to read:
166.274. (1) A person barred from possessing or purchasing a
firearm may file a petition for relief from the bar in accordance
with subsection (2) of this section if:
(a) The person is barred from possessing a firearm under ORS
166.250 (1)(c)(A) to (C) or 166.270; or
(b) The person is barred from purchasing a firearm under ORS
166.470 (1)(a) to (d) or (g).
(2) A petition for relief described in this section must be
filed in the circuit court in the petitioner's county of
residence.
(3) A person may apply once per calendar year for relief under
the provisions of this section.
(4)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(5)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
(6) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(7) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(8) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(9) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(10) { - Filing fees shall be as for any civil action filed
in the court. - } { + A person filing a petition under this
section must pay the filing fee established under section 8 of
this 2011 Act. + }
(11)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
SECTION 60. ORS 166.274, as amended by sections 19 and 20,
chapter 826, Oregon Laws 2009, and section 3, chapter 86, Oregon
Laws 2010, is amended to read:
166.274. (1) A person barred from possessing a firearm under
ORS 166.250 (1)(c)(A) to (E) or 166.270 or barred from purchasing
a firearm under ORS 166.470 (1)(a) to (g) may file a petition for
relief from the bar in the circuit court in the petitioner's
county of residence.
(2) A person may apply once per calendar year for relief under
the provisions of this section.
(3)(a) A person petitioning for relief under this section shall
serve a copy of the petition on:
(A) The city chief of police if the court in which the petition
is filed is located in a city; or
(B) The sheriff of the county in which the court is located.
(b) The copy of the petition shall be served on the chief of
police or sheriff at the same time the petition is filed at the
court.
(4)(a) When a petition is denied, the judge shall cause that
information to be entered into the Department of State Police
computerized criminal history files.
(b) When a petition is granted, the judge shall cause that
information and a fingerprint card of the petitioner to be
entered into the Department of State Police computerized criminal
history files. If, after a petition is granted, the petitioner is
arrested and convicted of a crime that would disqualify the
petitioner from purchasing or possessing a firearm, the
Department of State Police shall notify the court that granted
relief under this section. The court shall review the order
granting relief and determine whether to rescind the order. The
Department of State Police may charge a reasonable fee, under ORS
192.440, for the entry and maintenance of information under this
section.
(5) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(6) If the petitioner seeks relief from the bar on possessing
or purchasing a firearm, relief shall be granted when the
petitioner demonstrates, by clear and convincing evidence, that
the petitioner does not pose a threat to the safety of the public
or the petitioner.
(7) A person barred from possessing or purchasing a firearm
because the person, while a minor, was found to be within the
jurisdiction of the juvenile court for committing an act which,
if committed by an adult, would have constituted a felony or a
misdemeanor involving violence, is not eligible to petition for
relief under this section until more than four years have passed
since the person was discharged from the jurisdiction of the
juvenile court.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as is
practicable thereafter, but not more than 30 days thereafter. The
judge shall then make findings and conclusions and issue a
judgment based on the findings and conclusions in accordance with
the requirements of law.
(9) { - Filing fees shall be as for any civil action filed in
the court. - } { + A person filing a petition under this
section must pay the filing fee established under section 8 of
this 2011 Act. + }
(10)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(c) If the governmental entity files an appeal under this
subsection and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party. { + + }
SECTION 61. { + The amendments to ORS 166.274 by sections 59
and 60 of this 2011 Act apply only to proceedings commenced on or
after the effective date of this 2011 Act. + }
{ +
(Tax Court) + }
SECTION 62. ORS 305.490 is amended to read:
305.490. (1) Plaintiffs or petitioners filing a complaint or
petition in the tax court shall pay { - a - } { + the + }
filing fee { + established under section 8 of this 2011 Act + }
at the time of filing for each complaint or petition { + . + }
{ - as follows: - }
{ - (a) For a complaint or petition in the magistrate
division, $25. - }
{ - (b) For a complaint or petition in the regular division,
$50. - }
{ - (c) If a complaint or petition is specially designated
under ORS 305.501 for hearing in the regular division, a fee of
$50. - }
(2) Neither the State of Oregon, nor any county, school
district, municipal corporation or other public corporation
therein, nor any officer of any such public political division or
corporation, appearing in the representative capacity of the
officer of any public political division or corporation, shall be
required to pay the fee prescribed under this section. The party
entitled to costs and disbursements on such appeal shall recover
from the opponent of the party the amount so paid upon order of
the court, as in equity suits in the circuit court.
(3)(a) If, in any proceeding before the tax court judge
involving taxes upon or measured by net income in which an
individual taxpayer is a party, or involving inheritance taxes,
the court grants a refund claimed by the executor or taxpayer or
denies in part or wholly an additional assessment of taxes
claimed by the Department of Revenue to be due from the estate or
taxpayer, the court may allow the taxpayer, in addition to costs
and disbursements, the following:
(A) Reasonable attorney fees for the proceeding under this
subsection and for the prior proceeding in the matter, if any,
before the magistrate; and
(B) Reasonable expenses as determined by the court. Expenses
include accountant fees and fees of other experts incurred by the
executor or individual taxpayer in preparing for and conducting
the proceeding before the tax court judge and the prior
proceeding in the matter, if any, before the magistrate.
(b) Payment of attorney fees or reasonable expenses under this
subsection shall be made by the Department of Revenue in the
manner provided by ORS 305.790.
(4)(a) If, in any proceeding before the tax court judge
involving ad valorem property taxation, exemptions, special
assessments or omitted property, the court finds in favor of the
taxpayer, the court may allow the taxpayer, in addition to costs
and disbursements, the following:
(A) Reasonable attorney fees for the proceeding under this
subsection and for the prior proceeding in the matter, if any,
before the magistrate; and
(B) Reasonable expenses as determined by the court. Expenses
include fees of experts incurred by the individual taxpayer in
preparing for and conducting the proceeding before the tax court
judge and the prior proceeding in the matter, if any, before the
magistrate.
(b) Payment of attorney fees or reasonable expenses under this
subsection shall be made by the Department of Revenue in the
manner provided by ORS 305.790.
(5) All fees and other moneys received or collected by the
clerk by virtue of the office of the clerk shall be paid over to
the State Treasurer and shall be held by the clerk in the General
Fund as miscellaneous receipts. { + + }
SECTION 63. { + The amendments to ORS 305.490 by section 62 of
this 2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
{ +
(Emancipation) + }
SECTION 64. ORS 419B.555 is amended to read:
419B.555. (1) The juvenile court shall conduct a preliminary
hearing on the minor's application for emancipation within 10
days of the date on which it is filed or as soon as possible
thereafter. At the time of the preliminary hearing, the court may
issue a temporary custody order, stay any pending proceedings or
enter any other temporary order appropriate to the circumstances.
No action of the court pursuant to this subsection may be
extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as
soon as possible after the date on which the application is
filed.
(3) Notice to the parent or parents of the applicant shall be
made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the
minor of the civil and criminal rights and civil and criminal
liabilities of an emancipated minor. This advice shall be recited
in the judgment of emancipation.
(5) The hearing mentioned in subsection (2) of this section may
be waived by the minor and parent or parents.
(6) { - A uniform - } { + The + } filing fee { - of
$77 - } { + established under section 8 of this 2011 Act + }
shall be charged and collected by the court for each application
for emancipation. { - In addition, the court shall collect any
other fees required by law. - } { + + }
SECTION 65. { + The amendments to ORS 419B.555 by section 64
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
{ +
APPELLATE COURT FILING FEES + }
SECTION 66. ORS 21.010, as amended by section 30, chapter 659,
Oregon Laws 2009, and section 37f, chapter 885, Oregon Laws 2009,
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 - } { + $350 + } 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 - } { + a filing fee + } of
{ - $154 - } { + $350 + }. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
(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.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
{ + (5) The filing and appearance fees established by this
section apply to cases of original jurisdiction in the Supreme
Court. + }
SECTION 67. { + The amendments to ORS 21.010 by section 66 of
this 2011 Act apply only to proceedings commenced on or after the
effective date of this 2011 Act. + }
SECTION 68. { + ORS 21.040 is repealed. + }
{ +
OTHER COURT FEES + }
{ +
(Document Fee) + }
SECTION 69. { + ORS 21.325 and 21.580 are repealed. + }
SECTION 70. { + Document fee. A circuit court shall collect a
fee of $20 for:
(1) Making or entering a transcript of a judgment.
(2) Issuing a writ of execution or a writ of garnishment.
(3) Preparing a certified copy of a satisfaction document under
ORS 18.225 (5).
(4) Issuing notices of restitution as provided in ORS 105.151.
(5) Any other service that is statutorily made subject to the
fee established in this section. + }
SECTION 71. { + Section 70 of this 2011 Act applies to all
services described in section 70 of this 2011 Act that are
rendered on or after the effective date of this 2011 Act. + }
{ +
(Other Court Services) + }
SECTION 72. { + Other court services. + } { + (1) A circuit
court may collect such fees as the Chief Justice of the Supreme
Court may establish or authorize for any service the court may be
required or authorized to perform and for which no fee is
provided by law.
(2) A fee may not be established under this section for
location or inspection of court records. + }
{ +
(Motion Fees in Circuit Court) + }
SECTION 73. ORS 21.125 is amended to read:
21.125. { - (1) In any action, suit or proceeding subject to
a fee under ORS 21.110, or in any civil appeal or petition
subject to a fee under ORS 21.010, the Chief Justice of the
Supreme Court may require that a $50 fee be paid at the time of
filing a motion identified by the Chief Justice as being subject
to a fee under this section. If the Chief Justice has identified
a motion as being subject to a fee under this section, the
responding party must file a fee of $35 upon the filing of a
response to the motion. The Chief Justice by order shall identify
motions that are subject to fees under this section. - }
{ + (1) In any action or other proceeding subject to a fee
under sections 8, 13 or 15 of this 2011 Act, a $100 fee must be
paid by the party filing one of the following motions and by the
party responding to the motion:
(a) A motion for summary judgment under ORCP 47.
(b) A motion for judgment notwithstanding the verdict under
ORCP 63.
(c) A motion for new trial under ORCP 64.
(d) A motion for relief from judgment under ORCP 71.
(e) A motion for preliminary injunction under ORCP 79.
(f) A motion seeking remedies for contempt of court. + }
(2) The fees provided for in this section may not be collected
from the state, a county, a city or a school district.
{ - (3) The fees provided for in this section may not be
collected for motions for judgment by voluntary dismissal under
ORCP 54 A(1), for motions for judgment by written stipulation
under ORCP 67 F or for motions for entry of default judgment
under ORCP 69 B(1). - }
{ - (4) - } { + (3) + } The fees provided for in this
section may not be collected for motions made to an arbitrator or
mediator in an arbitration or mediation required or offered by a
court, or to any motion relating to an arbitration or mediation
required or offered by a court.
{ - (5) - } { + (4) + } The clerk shall file a motion or
response that is subject to a fee under this section only if the
fee required by this section is paid when the motion or response
is submitted for filing.
SECTION 74. { + Motion fees in domestic relation cases. + }
{ + (1) In any action or other proceeding subject to a fee under
section 11 of this 2011 Act, a $150 fee must be paid by the party
filing a motion that seeks entry of a supplemental judgment and
by a party responding to the motion.
(2) The fee provided for in subsection (1) of this section does
not apply to any motion under ORCP 68, 69 or 71.
(3) In any action or other proceeding subject to a fee under
section 11 of this 2011 Act, a $50 fee must be paid by the party
filing one of the following motions and by a party responding to
the motion:
(a) A motion filed under ORS 107.434; and
(b) A motion seeking remedies for contempt of court.
(4) Only the fees specified by subsection (1) of this section
may be collected if a party concurrently files a motion that
seeks entry of a supplemental judgment and a motion seeking
remedies for contempt of court. + }
SECTION 75. ORS 107.434 is amended to read:
107.434. (1) The presiding judge of each judicial district
shall establish an expedited parenting time enforcement procedure
that may or may not include a requirement for mediation. The
procedure must be easy to understand and initiate. Unless the
parties otherwise agree, the court shall conduct a hearing no
later than 45 days after the filing of a motion seeking
enforcement of a parenting time order. { - The court shall
charge a filing fee of $50, subject to waiver or deferral of the
fee under ORS 21.680 to 21.698. - } The court shall provide
forms for:
(a) A motion filed by either party alleging a violation of
parenting time or substantial violations of the parenting plan.
When a person files this form, the person must include a copy of
the order establishing the parenting time.
(b) An order requiring the parties to appear and show cause why
parenting time should not be enforced in a specified manner. The
party filing the motion shall serve a copy of the motion and the
order on the other party. The order must include:
(A) A notice of the remedies imposable under subsection (2) of
this section and the availability of a waiver of any mediation
requirement; and
(B) A notice in substantially the following form:
_________________________________________________________________
When pleaded and shown in a separate legal action, violation of
court orders, including visitation and parenting time orders, may
also result in a finding of contempt, which can lead to fines,
imprisonment or other penalties, including compulsory community
service.
_________________________________________________________________
(c) A motion, affidavit and order that may be filed by either
party and providing for waiver of any mediation requirement on a
showing of good cause.
(2) In addition to any other remedy the court may impose to
enforce the provisions of a judgment relating to the parenting
plan, the court may:
(a) Modify the provisions relating to the parenting plan by:
(A) Specifying a detailed parenting time schedule;
(B) Imposing additional terms and conditions on the existing
parenting time schedule; or
(C) Ordering additional parenting time, in the best interests
of the child, to compensate for wrongful deprivation of parenting
time;
(b) Order the party who is violating the parenting plan
provisions to post bond or security;
(c) Order either or both parties to attend counseling or
educational sessions that focus on the impact of violation of the
parenting plan on children;
(d) Award the prevailing party expenses, including, but not
limited to, attorney fees, filing fees and court costs, incurred
in enforcing the party's parenting plan;
(e) Terminate, suspend or modify spousal support;
(f) Terminate, suspend or modify child support as provided in
ORS 107.431; or
(g) Schedule a hearing for modification of custody as provided
in ORS 107.135 (11).
{ +
(Motion Fees in Appellate Courts) + }
SECTION 76. { + Motion fees in appellate courts. + } { + In
any appeal or petition for review subject to a fee under ORS
21.010, a $50 fee must be paid by the party filing one of the
following motions and by the party responding to the motion:
(1) A motion to dismiss filed by a respondent.
(2) A motion to determine jurisdiction.
(3) A motion for continuance.
(4) A motion for an extension of time for the filing of a brief
or other document in the proceeding. + }
SECTION 77. { + Sections 74 and 76 of this 2011 Act and the
amendments to ORS 21.125 and 107.434 by sections 73 and 75 of
this 2011 Act apply to all motions that are filed on or after the
effective date of this 2011 Act. + }
{ +
(Hearing and Trial Fees) + }
SECTION 78. { + ORS 21.275 is repealed. + }
SECTION 79. ORS 21.270 is amended to read:
21.270. (1) In any civil action, suit or proceeding in the
circuit court, other than a protective proceeding under ORS
chapter 125 or a probate, adoption or change of name proceeding,
trial fees shall be collected as provided in this section.
(2) 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 trial fee of { - $77 - } { + $125 + } for
each full or partial day of the trial. The amount of the fee for
the first day of trial shall be collected in advance and is due
and payable when the action, suit or proceeding is set for trial.
The amount of the fee for subsequent days of trial shall be
collected on the day the trial concludes.
(3)(a) The clerk shall collect from the plaintiff or appellant,
for a trial by a jury of more than six persons, a jury trial fee
of { - $193 - } { + $225 + } 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 jury trial fee
of { - $110 - } { + $150 + } for each full or partial day of
the trial. The amount of the fee for the first day of trial shall
be collected in advance and is due and payable when the action,
suit or proceeding is set for trial by jury. The amount of the
fee for subsequent days of trial shall be collected on the day
the trial concludes.
(b) If the plaintiff or appellant waives a trial by jury, and
the defendant or respondent desires a trial by jury, the clerk
shall collect the jury trial fee from the defendant or
respondent, and not from the plaintiff or appellant.
(c) A case in which the jury trial fee for the first day of
trial has not been paid shall be tried by the court without a
jury, unless the court otherwise orders. If a case in which the
jury trial fee for the first day of trial has not been paid is
tried by a jury, the clerk shall tax against the losing party the
total amount of the jury trial fee. The jury trial fee
constitutes a monetary obligation payable to the court, and may
be made part of the judgment in the case by the clerk without
further notice to the debtor or further order of the court.
(4) If a counterclaim, cross-claim or third party claim is
tried on any day other than a day on which the claim of the
plaintiff is tried, the clerk shall collect from the party
asserting the counterclaim, cross-claim or third party claim the
trial fee or jury trial fee, whichever is applicable, for that
day, and shall not collect the applicable fee for that day from
the plaintiff. If the party asserting a counterclaim, cross-claim
or third party claim waives a trial by jury on the claim, and the
party defending against the claim desires a trial by jury on the
claim, the clerk shall collect the jury trial fee from the
defending party and not from the asserting party.
(5) The fees provided for in this section include any reporting
of the trial proceedings, but not the preparation of transcripts
of a report.
(6) Except as otherwise provided in subsection (3)(c) of this
section, the fees provided for in this section that are paid by a
party shall be considered costs and disbursements and may be
taxed and collected as other costs and disbursements by the
prevailing party.
(7) A court shall order that a trial fee paid under the
provisions of this section be refunded to the party that paid the
fee if all claims in the action or proceeding are decided without
the commencement of a trial and the party that paid the fee files
a motion and affidavit requesting refund of the fee not more than
15 days after entry of judgment disposing of the action or
proceeding.
SECTION 80. { + The amendments to ORS 21.270 by section 79 of
this 2011 Act apply to all trials conducted on or after the
effective date of this 2011 Act. + }
{ +
(Third-Party Complaints) + }
SECTION 81. Section 13, chapter 659, Oregon Laws 2009, as
amended by section 27, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 13. + } (1) { - Notwithstanding ORS 21.110
(11)(g), - } When a person files a third-party complaint in a
civil action { - , suit - } or proceeding in circuit court { +
and the complaint names a defendant who has not already appeared
in the proceeding + }, the clerk of the court shall collect from
the third-party plaintiff the same { - fees, charges and
surcharges - } { + filing fee + } that would be required of a
plaintiff filing the same complaint in an original action.
{ - Fees collected under this section are subject to ORS 21.110
(9). - }
(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 - } { + filing fee + } 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. - }
SECTION 82. { + The amendments to section 13, chapter 659,
Oregon Laws 2009, by section 81 of this 2011 Act apply only to
proceedings commenced on or after the effective date of this 2011
Act. + }
{ +
(Settlement Conference Fees) + }
SECTION 83. Section 32, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 32. + } (1) In any civil proceeding subject to a fee
under
{ - ORS 21.110, 21.111, 21.114 or 21.310 - } { + section 11
of this 2011 Act + } in which the parties request a settlement
conference before a judge, or in which a settlement conference
before a judge is required by law or by the court, each party
participating in the conference shall pay a { - $50 - } { +
$100 + } fee to the court { - before - } { + for each day or
partial day during which + } 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. - }
{ + (3) In civil proceedings other than those described in
subsection (1) of this section, if the parties request a
settlement conference before a judge, or a settlement conference
before a judge is required by law or by the court, each party
participating in the conference shall pay a $200 fee to the court
for each day or partial day during which the conference is
conducted.
(4) The fees required by this section shall be collected in
advance, and are due and payable on the first day of the
settlement conference. + }
SECTION 84. { + The amendments to section 32, chapter 659,
Oregon Laws 2009, by section 83 of this 2011 Act apply to all
settlement conferences conducted on or after the effective date
of this 2011 Act. + }
SECTION 85. ORS 2.560 is amended to read:
2.560. (1) The Court of Appeals shall sit primarily in Salem,
but also may sit in other locations designated under ORS 1.085
(2).
(2) The Court of Appeals may make and enforce all rules
necessary for the prompt and orderly dispatch of the business of
the court, and the remanding of causes to the lower courts, and
not inconsistent with applicable rules made or orders issued by
the Chief Justice of the Supreme Court or the Chief Judge of the
Court of Appeals.
(3) The Court of Appeals shall establish an appellate mediation
program and make and enforce all rules necessary for the prompt
and orderly dispatch of the business of the program. { - The
parties to the appeal shall pay the fees of a mediator providing
services under the program, unless those fees are waived or
deferred by the Court of Appeals. - } { + The parties to the
appeal must pay the following fees for the mediator:
(a) $150 for an appeal related to workers' compensation under
ORS chapter 656; and
(b) $350 for all other appeals. + }
SECTION 86. { + The amendments to ORS 2.560 by section 85 of
this 2011 Act apply to all mediations conducted under ORS 2.560
on or after the effective date of this 2011 Act. + }
{ +
(Motion for Order Setting Aside Conviction) + }
SECTION 87. ORS 137.225 is amended to read:
137.225. (1)(a) At any time after the lapse of three years from
the date of pronouncement of judgment, any defendant who has
fully complied with and performed the sentence of the court and
whose conviction is described in subsection (5) of this section
by motion may apply to the court where the conviction was entered
for entry of an order setting aside the conviction; or
(b) At any time after the lapse of one year from the date of
any arrest, if no accusatory instrument was filed, or at any time
after an acquittal or a dismissal of the charge, the arrested
person may apply to the court that would have jurisdiction over
the crime for which the person was arrested, for entry of an
order setting aside the record of the arrest. For the purpose of
computing the one-year period, time during which the arrested
person has secreted himself or herself within or without the
state is not included.
(2)(a) A copy of the motion and a full set of the defendant's
fingerprints shall be served upon the office of the prosecuting
attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory
instrument filed, and opportunity shall be given to contest the
motion. The fingerprint card with the notation 'motion for
setting aside conviction,' or 'motion for setting aside arrest
record' as the case may be, shall be forwarded to the Department
of State Police bureau of criminal identification. Information
resulting from the fingerprint search along with the fingerprint
card shall be returned to the prosecuting attorney.
(b) When a prosecuting attorney is served with a copy of a
motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and
notice of the hearing date to the victim, if any, of the crime by
mailing a copy of the motion and notice to the victim's
last-known address.
(c) When a person makes a motion under subsection (1)(a) of
this section, the person must pay a fee of $80 { + to the
Department of State Police + }. The person shall attach a
certified check payable to the Department of State Police in the
amount of $80 to the fingerprint card that is served upon the
prosecuting attorney. The office of the prosecuting attorney
shall forward the check with the fingerprint card to the
Department of State Police bureau of criminal identification.
{ + (d) In addition to the fee established under paragraph
(c) of this subsection, when a person makes a motion under
subsection (1)(a) of this section the person must pay the filing
fee established under section 8 of this 2011 Act. + }
(3) Upon hearing the motion, the court may require the filing
of such affidavits and may require the taking of such proofs as
it deems proper. The court shall allow the victim to make a
statement at the hearing. Except as otherwise provided in
subsection (12) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of
conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the
conviction, or the arrest record as the case may be, it shall
enter an appropriate order that shall state the original arrest
charge and the conviction charge, if any and if different from
the original, date of charge, submitting agency and disposition.
The order shall further state that positive identification has
been established by the bureau and further identified as to state
bureau number or submitting agency number. Upon the entry of the
order, the applicant for purposes of the law shall be deemed not
to have been previously convicted, or arrested as the case may
be, and the court shall issue an order sealing the record of
conviction and other official records in the case, including the
records of arrest whether or not the arrest resulted in a further
criminal proceeding.
(4) The clerk of the court shall forward a certified copy of
the order to such agencies as directed by the court. A certified
copy must be sent to the Department of Corrections when the
person has been in the custody of the Department of Corrections.
Upon entry of the order, the conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to its
occurrence.
(5) The provisions of subsection (1)(a) of this section apply
to a conviction of:
(a) A Class C felony, except for criminal mistreatment in the
first degree under ORS 163.205 when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(b) The crime of possession of the narcotic drug marijuana when
that crime was punishable as a felony only.
(c) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for:
(A) Any sex crime; and
(B) The following crimes when they would constitute child abuse
as defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(d) A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when
it would constitute child abuse, as defined in ORS 419B.005, or
any sex crime.
(e) A violation, whether under state law or local ordinance.
(f) An offense committed before January 1, 1972, that if
committed after that date would be:
(A) A Class C felony, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(B) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(C) A misdemeanor, except for endangering the welfare of a
minor under ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(D) A violation.
(6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
(a) A conviction for a state or municipal traffic offense.
(b) A person convicted, within the 10-year period immediately
preceding the filing of the motion pursuant to subsection (1) of
this section, of any other offense, excluding motor vehicle
violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest
or conviction that is sought to be set aside. Notwithstanding
subsection (1) of this section, a conviction that has been set
aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable.
(c) A person who at the time the motion authorized by
subsection (1) of this section is pending before the court is
under charge of commission of any crime.
(7) Notwithstanding subsection (5) of this section, the
provisions of subsection (1)(a) of this section do not apply to
criminally negligent homicide under ORS 163.145, when that
offense was punishable as a Class C felony.
(8) The provisions of subsection (1)(b) of this section do not
apply to:
(a) A person arrested within the three-year period immediately
preceding the filing of the motion for any offense, excluding
motor vehicle violations, and excluding arrests for conduct
associated with the same criminal episode that caused the arrest
that is sought to be set aside.
(b) An arrest for driving while under the influence of
intoxicants if the charge is dismissed as a result of the
person's successful completion of a diversion agreement described
in ORS 813.200.
(9) The provisions of subsection (1) of this section apply to
convictions and arrests that occurred before, as well as those
that occurred after, September 9, 1971. There is no time limit
for making an application.
(10) For purposes of any civil action in which truth is an
element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have
occurred do not apply and a party may apply to the court for an
order requiring disclosure of the official records in the case as
may be necessary in the interest of justice.
(11) Upon motion of any prosecutor or defendant in a case
involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the
investigation of the movant. However, such an order has no other
effect on the orders setting aside the conviction or the arrest
record.
(12) Unless the court makes written findings by clear and
convincing evidence that granting the motion would not be in the
best interests of justice, the court shall grant the motion and
enter an order as provided in subsection (3) of this section if
the defendant has been convicted of one of the following crimes
and is otherwise eligible for relief under this section:
(a) Abandonment of a child, ORS 163.535.
(b) Attempted assault in the second degree, ORS 163.175.
(c) Assault in the third degree, ORS 163.165.
(d) Coercion, ORS 163.275.
(e) Criminal mistreatment in the first degree, ORS 163.205.
(f) Attempted escape in the first degree, ORS 162.165.
(g) Incest, ORS 163.525, if the victim was at least 18 years of
age.
(h) Intimidation in the first degree, ORS 166.165.
(i) Attempted kidnapping in the second degree, ORS 163.225.
(j) Attempted robbery in the second degree, ORS 164.405.
(k) Robbery in the third degree, ORS 164.395.
(L) Supplying contraband, ORS 162.185.
(m) Unlawful use of a weapon, ORS 166.220.
(13) As used in this section, 'sex crime' has the meaning given
that term in ORS 181.594.
SECTION 88. { + The amendments to ORS 137.225 by section 87 of
this 2011 Act apply to all motions filed under ORS 137.225 on or
after the effective date of this 2011 Act. + }
{ +
(Marriage Solemnization) + }
SECTION 89. ORS 106.120 is amended to read:
106.120. (1) As used in this section, 'judicial officer '
means:
(a) A judicial officer of this state as that term is defined in
ORS 1.210 and includes but is not limited to a judge of a
municipal court and a justice of the peace.
(b) An active judge of a federal court.
(c) An active United States magistrate judge.
(2) Marriages may be solemnized by:
(a) A judicial officer;
(b) A county clerk;
(c) Religious congregations or organizations as indicated in
ORS 106.150 (2); or
(d) A clergyperson of any religious congregation or
organization who is authorized by the congregation or
organization to solemnize marriages.
(3) A person authorized to solemnize marriages under subsection
(2) of this section may solemnize a marriage anywhere in this
state.
(4)(a) When a marriage is solemnized by a tax, appellate or
circuit judge of this state, the clerk of the court or the county
clerk shall collect a fee of { - $25 - } { + $100 + } and
deposit the fee in the Judicial Department Operating Account
established in ORS 1.009.
(b) When a marriage is solemnized by a county clerk, the county
clerk shall collect a fee of { - $25 - } { + $100 + }, as
provided in ORS 205.320.
(c) The fee described in this subsection may be collected only
if:
(A) The marriage is solemnized during normal working hours,
excluding holidays;
(B) The marriage is solemnized in court facilities or a county
clerk's office; or
(C) More than a minimal amount of staff time or other court or
county clerk's office resources are used in connection with the
solemnization.
(d) The Chief Justice of the Supreme Court or the county clerk
may establish a written procedure for waiver of the fee required
under this subsection in exigent circumstances, including but not
limited to indigency of the parties to the marriage.
(5) In addition to any fee collected under subsection (4) of
this section, a judicial officer of this state and a county clerk
may charge and accept an agreed upon personal payment not to
exceed $100 plus actual costs for the solemnization of a marriage
if that solemnization is performed:
(a) At a place other than the courthouse where the judicial
officer or county clerk serves; or
(b) Outside of the judicial officer's or county clerk's normal
working hours.
(6) The charging and accepting of a personal payment by a
judicial officer of this state or a county clerk under subsection
(5) of this section does not constitute a violation of any of the
provisions of ORS chapter 244.
(7) The amount of actual costs charged by a judicial officer of
this state or a county clerk under subsection (5) of this section
may not exceed:
(a) Actual expenses for food and lodging as verified by
receipts.
(b) If travel is made by personal vehicle, the actual number of
round-trip miles from the judicial officer's or county clerk's
home or office, whichever is greater, compensated at the rate of
reimbursement then provided by the State of Oregon to its
employees or, if travel is made by a commercial carrier,
reimbursement shall be made of the actual costs thereof, verified
by receipts.
(8) A judicial officer of this state or a county clerk shall
maintain records of the amount of personal payments received for
performing marriages, of actual costs and the supporting
documentation related thereto for a period of four years.
(9) The parties to a marriage solemnized by a tax, appellate or
circuit judge of this state shall show to the judge proof of
payment of the fee required under subsection (4)(a) of this
section before solemnization. Except as provided in subsection
(4)(d) of this section, the judge may not solemnize a marriage
without proof of payment of the fee.
SECTION 90. { + The amendments to ORS 106.120 by section 89 of
this 2011 Act apply to all marriages solemnized under ORS 106.120
on or after the effective date of this 2011 Act. + }
{ +
(Collection Account Fees) + }
SECTION 91. { + Section 37, chapter 659, Oregon Laws 2009, is
repealed. + }
SECTION 92. ORS 1.202, as amended by section 36, chapter 659,
Oregon Laws 2009, is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions in 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 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 in the judicial branch
of state government, that use private collection agencies, the
Department of Revenue or an offset of federal tax refunds
pursuant to an agreement entered into under ORS 1.196 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. A fee to cover
the costs of collecting judgments referred to the private
collection agency, the Department of Revenue, the United States
Financial Management Service or the Internal Revenue Service
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 collecting the judgment. 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) The Chief Justice of the Supreme Court may authorize courts
to waive or suspend the fees required to be added to judgments
under this section. Except to the extent authorized by the Chief
Justice, a court may not waive or suspend the fees required to be
added to judgments under this section.
SECTION 93. { + The amendments to ORS 1.202 by section 92 of
this 2011 Act apply to all judgments entered on or after the
effective date of this 2011 Act. + }
{ +
(Relief From Sex Offender Reporting) + }
SECTION 94. ORS 181.823 is amended to read:
181.823. (1)(a) No sooner than two years, but no later than
five years, after the termination of juvenile court jurisdiction
or, if the person was placed under the jurisdiction of the
Psychiatric Security Review Board under ORS 419C.529, board
jurisdiction over a person required to report under ORS 181.595,
181.596 or 181.597, the person may file a petition for relief
from the duty to report. The person must file the petition in the
juvenile court in which the person was adjudicated for the act
that requires reporting. { + The person must pay the filing fee
established under section 8 of this 2011 Act. + }
(b) The juvenile court in which a petition under this section
is filed may transfer the matter to the juvenile court of the
county that last supervised the person if the court determines
that the convenience of the parties, the victim and witnesses
require the transfer.
(c) The juvenile court has exclusive original jurisdiction in
any proceeding under this section.
(d) The person, the district attorney and the juvenile
department are parties to a hearing on a petition filed under
this section.
(2) When a person files a petition under this section and the
petition was filed:
(a) No later than three years after the termination of juvenile
court jurisdiction or, if the person was placed under the
jurisdiction of the Psychiatric Security Review Board under ORS
419C.529, board jurisdiction, the state has the burden of proving
by clear and convincing evidence that the person is not
rehabilitated and continues to pose a threat to the safety of the
public.
(b) More than three years, but no later than five years, after
the termination of juvenile court jurisdiction or, if the person
was placed under the jurisdiction of the Psychiatric Security
Review Board under ORS 419C.529, board jurisdiction, the person
has the burden of proving by clear and convincing evidence that
the person is rehabilitated and does not pose a threat to the
safety of the public.
(3) In determining whether the state or the person has met the
burden of proof established in subsection (2) of this section,
the juvenile court may consider but need not be limited to
considering:
(a) The extent and impact of any physical or emotional injury
to the victim;
(b) The nature of the act that subjected the person to the duty
of reporting as a sex offender;
(c) Whether the person used or threatened to use force in
committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a position of
authority or trust in committing the act;
(f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person that would be crimes if
committed by an adult and criminal activities engaged in by the
person before and after the adjudication;
(i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
(j) The person's willingness to accept personal responsibility
for the act and personal accountability for the consequences of
the act;
(k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
(L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
(A) The availability, duration and extent of the treatment
activities;
(B) Reports and recommendations from the providers of the
treatment;
(C) The person's compliance with court, board or supervision
requirements regarding treatment; and
(D) The quality and thoroughness of the treatment program;
(m) The person's academic and employment history;
(n) The person's use of drugs or alcohol before and after the
adjudication;
(o) The person's history of public or private indecency;
(p) The person's compliance with and success in completing the
terms of supervision;
(q) The results of psychological examinations of the person;
(r) The protection afforded the public by the continued
existence of the records; and
(s) Any other relevant factors.
(4) In a hearing under this section, the juvenile court may
receive testimony, reports and other evidence without regard to
whether the evidence is admissible under ORS 40.010 to 40.210 and
40.310 to 40.585 if the evidence is relevant to the determination
and findings required under this section. As used in this
subsection, 'relevant evidence' has the meaning given that term
in ORS 40.150.
(5) When a petition is filed under this section, the state has
the right to have a psychosexual evaluation of the person
conducted. The state shall file notice with the juvenile court of
its intention to have the person evaluated. If the person objects
to the evaluator chosen by the state, the juvenile court for good
cause shown may direct the state to select a different evaluator.
(6) As soon as practicable after a petition has been filed
under this section, the district attorney or juvenile department
shall make a reasonable effort to notify the victim of the crime
that the person has filed a petition seeking relief under this
section and, if the victim has requested, to inform the victim of
the date, time and place of a hearing on the petition in advance
of the hearing.
(7)(a) When a petition has been filed under this section and
the petition was filed:
(A) No later than three years after the termination of juvenile
court jurisdiction or, if the person was placed under the
jurisdiction of the Psychiatric Security Review Board under ORS
419C.529, board jurisdiction, the court shall hold a hearing on
the petition no sooner than 60 days and no later than 120 days
after the date of filing.
(B) More than three years, but no later than five years, after
the termination of juvenile court jurisdiction or, if the person
was placed under the jurisdiction of the Psychiatric Security
Review Board under ORS 419C.529, board jurisdiction, the court
shall hold a hearing no sooner than 90 days and no later than 150
days after the date of filing.
(b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
(8) When the state has the burden of proof under subsection (2)
of this section and proves by clear and convincing evidence that
the person is not rehabilitated and continues to pose a threat to
the safety of the public, the court shall deny the petition. When
the person has the burden of proof under subsection (2) of this
section and proves by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public, the court shall grant the petition.
(9) When a juvenile court enters an order relieving a person of
the requirement to report under ORS 181.595, 181.596 or 181.597,
the person shall send a certified copy of the juvenile court
order to the Department of State Police.
(10) If a person commits an act that could be charged as a sex
crime listed in ORS 137.707 and the person is 15, 16 or 17 years
of age at the time the act is committed, the state and the person
may stipulate that the person may not petition for relief under
this section as part of an agreement that the person be subject
to the jurisdiction of the juvenile court rather than being
prosecuted as an adult under ORS 137.707.
SECTION 95. ORS 181.826 is amended to read:
181.826. (1) Except as provided in subsection (6) of this
section, when a person is required to report under ORS 181.595,
181.596 or 181.597 as a result of having been found in a juvenile
adjudication in another United States court to have committed an
act while the person was under 18 years of age that would
constitute a sex crime if committed in this state by an adult,
the person may file a petition in the circuit court of the county
in which the person resides for an order relieving the person of
the duty to report { + . The person must pay the filing fee
established under section 8 of this 2011 Act. A petition may be
filed under this section only + } if:
(a) The person has been registered as a sex offender in this
state for at least two years;
(b) At least two years, but not more than five years, have
elapsed since the termination of supervision on probation or
parole; and
(c) The person submits with the petition all releases and
waivers necessary to allow the district attorney for the county
in which the petition is filed to obtain the following documents
from the jurisdiction in which the person was adjudicated for the
act for which reporting is required:
(A) The juvenile court petition;
(B) The dispositional report to the court;
(C) The order of adjudication or jurisdiction;
(D) Any other relevant court documents;
(E) The police report relating to the act for which reporting
is required;
(F) The order terminating jurisdiction for the act for which
reporting is required; and
(G) The evaluation and treatment records or reports of the
person that are related to the act for which reporting is
required.
(2) A person filing a petition under this section has the
burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public.
(3) Unless the court finds good cause for a continuance, the
court shall hold a hearing on the petition no sooner than 90 days
and no later than 150 days after the date the petition is filed.
(4) Notwithstanding subsection (1)(b) of this section, if a
person has not been registered as a sex offender in this state
for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may
file a petition seeking relief under this section if the person
files the petition no later than 90 days after the date on which
the person has been registered as a sex offender in this state
for two years.
(5) If a person who files a petition under this section is
required to report as a sex offender for having committed an act
that if committed in this state could have subjected the person
to prosecution as an adult under ORS 137.707, the court may not
grant the petition notwithstanding the fact that the person has
met the burden of proof established in subsection (2) of this
section unless the court determines that to do so is in the
interest of public safety.
(6) This section does not apply to a person who is required to
register as a sex offender for life in the jurisdiction in which
the offense occurred.
(7) In a hearing under this section, the court may receive
testimony, reports and other evidence without regard to whether
the evidence is admissible under ORS 40.010 to 40.210 and 40.310
to 40.585 if the evidence is relevant to the determination and
findings required under this section. As used in this subsection,
' relevant evidence' has the meaning given that term in ORS
40.150.
(8) If the court is satisfied by clear and convincing evidence
that the person is rehabilitated and that the person does not
pose a threat to the safety of the public, the court shall enter
an order relieving the person of the duty to report. When the
court enters an order under this subsection, the person shall
send a certified copy of the court order to the Department of
State Police.
SECTION 96. { + The amendments to ORS 181.823 and 181.826 by
sections 94 and 95 of this 2011 Act apply only to proceedings
commenced on or after the effective date of this 2011 Act. + }
{ +
' ADD-ONS' + }
{ +
(Legal Aid) + }
SECTION 97. { + ORS 9.574 and 21.480 are repealed. + }
SECTION 98. ORS 1.204 is amended to read:
1.204. (1) The State Court Administrator may establish a
collections and revenue management program within the Judicial
Department for the purpose of administering accounts and
collections. Subject to policies and procedures prescribed by the
State Court Administrator, the collections and revenue management
program may collect, by any means authorized by law, all amounts
owing to the state that are subject to collection by the state
courts or by a commission, department or division in the judicial
branch of state government. The State Court Administrator may
establish a separate unit within the program for the collection
of parking fines in counties with populations of more than
500,000.
(2) There is established within the General Fund the Judicial
Department Collections Account. The account shall consist of
moneys deposited in the account under the provisions of
subsection (3) of this section. All moneys in the account are
continuously appropriated to the Judicial Department and may be
used only for the purposes specified in subsection (3) of this
section.
(3) All moneys collected by the collections and revenue
management program established under this section shall be
deposited in the Judicial Department Collections Account. At the
end of each calendar month, the State Court Administrator shall
distribute the amounts in the account in the following order of
priority:
(a) Except as provided in subsection (4) of this section, the
collections and revenue management program shall be reimbursed
for actual costs and expenses of the program, including personnel
expenses, incurred in the administration and collection of
accounts. The amount of reimbursement may not exceed the actual
costs and expenses incurred by the collections and revenue
management program. The State Court Administrator may designate a
single percentage amount to be retained from all moneys collected
under the program, but must adjust that percentage amount
periodically to reflect actual program costs.
(b) All moneys not expended under paragraph (a) of this
subsection shall be distributed as otherwise provided by law for
the amounts collected.
(4) The collections and revenue management program may not be
reimbursed under subsection (3) of this section from { - any of
the following amounts collected under the program, and all such
amounts collected under the program shall be distributed as
otherwise provided by law: - }
{ - (a) - } restitution and compensatory fines paid under
judgments in criminal actions { + . + } { - ; - }
{ - (b) Legal aid fees collected under ORS 21.480; - }
{ - (c) Law library fees collected under ORS 21.350; - }
{ - (d) Dispute resolution surcharges imposed under ORS
36.170; and - }
{ - (e) Fees imposed under ORS 21.112. - }
SECTION 99. ORS 9.572 is amended to read:
9.572. (1) The Oregon State Bar shall by rule establish a Legal
Services Program. The program shall provide standards and
guidelines for legal service providers receiving funding from
{ - fees collected under ORS 21.480 - } { + allocations made
under section 1 of this 2011 Act + }. The rules shall also
provide methods for evaluating legal service providers. Funding
received under the program may be used only for the provision of
legal services to the poor without charge and for expenses
incurred by the Oregon State Bar in the administration of the
Legal Services Program.
(2) The Oregon State Bar shall appoint a director of the Legal
Services Program established under this section. The bar shall
prescribe the duties of the director and fix the salary of the
director.
(3) The Oregon State Bar may establish any advisory or
technical committees it deems necessary to advise the bar in
establishing and operating the Legal Services Program.
SECTION 100. ORS 9.576 is amended to read:
9.576. (1) The director of the Legal Services Program appointed
under ORS 9.572 shall periodically review legal service providers
who receive funding from { - fees collected under ORS
21.480 - } { + the program + }. If the director determines that
there are reasonable grounds to believe that a provider is not in
substantial compliance with the standards and guidelines adopted
under ORS 9.572, the director shall negotiate with the provider
in an attempt to bring the program into compliance.
(2) If the director of the Legal Services Program is unable to
negotiate satisfactory compliance with the standards and
guidelines of the program established by the Oregon State Bar
under ORS 9.572, the director shall give the provider 30 days in
which to bring the program into compliance. If the director
concludes that the program is not in compliance at the end of the
30-day period, the matter shall be submitted to mediation. The
director and the provider shall jointly select a mediator. If the
director and provider are unable to select a mediator within 15
days after the expiration of the 30-day period, any presiding
judge for a judicial district may appoint a mediator upon the
petition of the director.
(3) If mediation under subsection (2) of this section fails to
produce a resolution of the matter, the director shall give the
provider notice that a hearing will be held not sooner than 30
days after the date the notice is given. If, after hearing, the
director determines that the provider is not in compliance with
the standards and guidelines of the program and that the provider
has failed to show satisfactory progress towards achieving
compliance, the director shall suspend further funding of the
program until such time as the provider makes a showing of
compliance.
SECTION 101. ORS 21.615 is amended to read:
21.615. (1) In an appeal to a circuit court from a justice
court or municipal court in an action for commission of a state
violation or an action for violation of a city charter or
ordinance, but not in an action for commission of a state
crime { + , + } { - : - }
{ - (a) - } the filing { - , - } { + and + } trial
{ - and law library - } fees required by { + section 8 of this
2011 Act and + } ORS { - 21.110, - } 21.270 { - and
21.350 - } are required of the appellant and respondent.
{ - (b) The legal aid fee required by ORS 21.480 is required
of the appellant. - }
(2) Payment of fees required by subsection (1) of this section
is subject to ORS 20.140.
(3) Fees required by subsection (1) of this section may be
waived or deferred by a judge of the circuit court for the reason
and in the manner provided in ORS 21.680 to 21.698.
SECTION 102. ORS 180.345 is amended to read:
180.345. (1) The Department of Justice is responsible for the
administration, supervision and operation of the program
authorized by Title IV-D of the Social Security Act (42 U.S.C.
651 et seq.), hereinafter the Child Support Program. The
Administrator of the Division of Child Support of the Department
of Justice is the Child Support Program Director for the State of
Oregon.
(2) The Department of Justice, by and through the director,
may:
(a) Enter into cooperative agreements with appropriate courts,
law enforcement officials, district attorneys, Indian tribes or
tribal organizations and state agencies to provide assistance in
carrying out Child Support Program services and any other matters
of common concern;
(b) Provide billing, receipting, record keeping, accounting and
distribution services for child and spousal support cases that
receive services required under state and federal law;
(c) Maintain the state plan required under federal law and act
as the liaison for the Child Support Program with the United
States Department of Health and Human Services;
(d) Establish policy and adopt rules for the operation of the
Child Support Program by the Department of Justice and by
entities entering into cooperative agreements under this section;
(e) Conduct performance and program audits of entities entering
into cooperative agreements under this section; and
(f) Perform any other act necessary or desirable to ensure the
effective administration of the Child Support Program under state
and federal law.
(3) The Department of Justice shall accept and disburse federal
funds made available to the state for provision of the Child
Support Program and all related functions in a manner consistent
with federal law. The department may retain the state share of
moneys recovered under child support assignments for the
administration of the Child Support Program as allowed under
federal regulations.
(4) It is the policy of the Child Support Program to inform
persons served by the program, in a manner consistent with
federal law, of resources not provided by the program that are
available for assistance in family law matters including, but not
limited to, services provided through the courts of this state,
the Oregon State Bar, law schools and legal service providers
that receive funding from { - fees collected under ORS
21.480 - } { + the Legal Services Program established under ORS
9.572 + }. The program shall consult with the local family law
advisory committees established under ORS 3.434 to ensure that
eligible individuals are aware of the services offered by the
program. The policy described in this subsection shall be
incorporated into staff training and is applicable to all
entities that have entered into cooperative agreements with the
Department of Justice under this section.
(5) The director shall ensure that Child Support Program policy
and rules, to the maximum extent practicable, meet the needs of
the majority of families served by the program. The director
shall guide program staff regarding implementation of the policy
and rules.
SECTION 103. ORS 352.066 is amended to read:
352.066. (1) Pursuant to ORS 351.870, there is created within
the Oregon University System the Mark O. Hatfield School of
Government. The Mark O. Hatfield School of Government shall be
administered by Portland State University. The president of
Portland State University shall appoint the director of the Mark
O. Hatfield School of Government.
(2) The purposes of the Mark O. Hatfield School of Government
are:
(a) To prepare students for careers in political service,
public administration and the administration of justice;
(b) To perform the duties required of the school under ORS
{ - 21.480, - } 36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice Research and Policy
Institute in carrying out the duties under subsection (3) of this
section.
(3) There is created within the Mark O. Hatfield School of
Government the Criminal Justice Research and Policy Institute.
The institute may assist the Legislative Assembly and state and
local governments in developing policies to reduce crime and
delinquency by:
(a) Providing the Legislative Assembly with objective,
nonpartisan analyses of existing or proposed state criminal
justice policies, which analyses may not be inconsistent with
state or federal law or the Oregon or United States Constitution;
(b) Evaluating programs, including but not limited to programs
dealing with public safety professionalism, ethics in leadership
and childhood development, funded directly or indirectly by the
State of Oregon that are intended to reduce criminal and
delinquent behavior or to improve professionalism in public
safety careers;
(c) Managing reviews and evaluations relating to major
long-term issues confronting the state involving criminal and
juvenile justice, public safety professionalism, ethics in
leadership and early childhood development programs;
(d) Initiating, sponsoring, conducting and publishing research
on criminal and juvenile justice, public safety professionalism,
ethics in leadership and early childhood development that is peer
reviewed and directly useful to policymakers;
(e) Organizing conferences on current state issues that bring
together policymakers, public agencies and leading academicians;
and
(f) Seeking to strengthen the links among the Legislative
Assembly, state and local governments, the Oregon Criminal
Justice Commission, the Department of Public Safety Standards and
Training and the academic community in the interest of more
informed policymaking, the application of best practices and more
relevant academic research.
(4) The Governor, the Chief Justice of the Supreme Court, the
President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee
with responsibility over criminal or juvenile justice systems or
childhood development programs may request the assistance of the
Criminal Justice Research and Policy Institute in evaluating
criminal or juvenile justice programs developed for, but not
necessarily limited to, preventing delinquency, reducing crime
and improving professionalism in public safety careers.
(5) Agencies, departments and officers of state and local
governments may assist the Criminal Justice Research and Policy
Institute in the performance of its functions and furnish
information, data and advice as requested by the institute.
{ +
(Law Libraries) + }
SECTION 104. { + ORS 9.820, 9.830, 9.840, 9.850 and 21.350 are
repealed. + }
SECTION 105. { + The Association of Oregon Counties may
establish a County Law Library Program for the purpose of making
grants to counties for the operation of county law libraries. The
program shall provide standards and guidelines for county law
libraries receiving funding from allocations made under section 1
of this 2011 Act. Funding received under the program may be used
only for the maintenance and operation of county law
libraries. + }
SECTION 106. ORS 8.125 is amended to read:
8.125. The State Court Administrator shall, to the extent
directed by the Chief Justice of the Supreme Court:
(1) Assist the Chief Justice in exercising administrative
authority and supervision under ORS 1.002.
(2) Consistent with applicable provisions of law and rules made
thereunder:
(a) Supervise the personnel plan for officers, other than
judges, and employees of the courts of this state who are state
officers or employees.
(b) Prescribe the form and content and supervise the
preparation of consolidated budgets, for submission to the
Legislative Assembly, applicable to expenditures made and
revenues received by the state in respect to the courts of this
state.
(c) Supervise an accounting system for the recording,
monitoring and auditing of expenditures made and revenues
received by the state in respect to the courts of this state.
(d) Establish and maintain inventory records of property of the
state in the custody or control of the courts of this state or
any judge, other officer or employee thereof.
(3) Conduct a continuing survey of the administrative methods
and activities, records, business and facilities of the courts of
this state and make recommendations to the Chief Justice based on
the survey.
(4) Collect and compile statistical and other data relating to
the courts of this state and municipal courts, including the
caseload, workload, performance, status, management, expenses and
revenues of those courts, and make reports on the business and
condition of those courts.
(5) Establish and supervise a statewide public information
service concerning the courts of this state.
(6) Establish and supervise education programs for judges,
other officers and employees of the courts of this state and
municipal courts pertinent to the performance of the functions of
those judges, other officers and employees.
(7) Provide to the judges, other officers and employees of the
courts of this state, to attorneys and to the public appropriate
assistance services relating to the administration and management
of the courts of this state.
(8) Prepare and maintain a continuing long-range plan for
improvement and future needs of the courts of this state.
(9) Supervise and maintain the law libraries of the judicial
department of government of this state, including the State of
Oregon Law Library, and excluding county law libraries
{ - established under ORS 9.820 and 9.840 - } .
(10) Enter into contracts on behalf of the Judicial Department,
including but not limited to financing agreements entered into
pursuant to ORS 283.087.
(11) Prescribe minimum retention schedules and standards for
all records of the state courts and the administrative offices of
the state courts, including but not limited to minimum retention
schedules and standards for registers, dockets, indexes, files,
citations, notes, audio records, video records, stenographic
records, exhibits, jury records and fiscal and administrative
documents, whether maintained in paper, micrographic, electronic
or other storage form. The State Court Administrator shall ensure
that the minimum record retention schedules and standards
prescribed under this subsection conform with policies and
standards established by the State Archivist under ORS 192.105,
357.825 and 357.835 (1) for public records valued for legal,
administrative or research purposes.
{ +
(Dispute Resolution Programs) + }
SECTION 107. { + ORS 36.170 is repealed. + }
{ +
(Domestic relations services) + }
SECTION 108. { + ORS 21.112 is repealed. + }
SECTION 109. { + (1) The State Court Administrator shall
distribute moneys received from the Court Fees Account to
counties and courts for the purpose of funding domestic relations
services described in subsection (2) of this section. The State
Court Administrator, after consulting any statewide family law
advisory committee established under ORS 3.436, may establish
minimum standards, qualifications or guidelines for providing
services using funds distributed under this section.
(2) The following domestic relations services may be funded
from distributions under this section:
(a) Mediation under ORS 107.755 to 107.795;
(b) Conciliation services under ORS 107.510 to 107.610;
(c) Expedited parenting time enforcement under ORS 107.434;
(d) Education programs under ORS 3.425;
(e) Investigations, evaluations, examinations and referrals for
services under ORS 107.425; and
(f) Any other program or service to which parties may be
referred or that may be ordered by the court, including programs
or services established to assist the court or a family in a
domestic relations case. + }
SECTION 110. ORS 107.795 is amended to read:
107.795. Nothing in ORS { - 21.112, - } 107.615 and 107.755
to 107.795 shall preclude a party from obtaining any orders
available under ORS 107.700 to 107.735 or ORS 124.005 to 124.040
before or during mediation.
{ +
(Office of Children's Advocate) + }
SECTION 111. ORS 417.825 is amended to read:
417.825. (1) In addition to any other fees provided by law, the
appropriate agency:
(a) When birth certificates are registered with the state,
shall pay a $1 fee on each birth certificate registered with the
agency.
(b) That issues birth certificates for the state or a county,
shall collect a $1 fee on each birth certificate issued by the
agency.
{ - (c) When adoptions and divorces are filed with the court,
shall collect a $1 fee on each adoption and divorce filed with
the agency. - }
(2) The agencies paying or collecting the fees described in
subsection (1) of this section shall transfer moneys from the
fees imposed by this section to the State Treasurer for deposit
in the Department of Human Services Account established under ORS
409.060. The moneys deposited under this section are appropriated
continuously to the Department of Human Services for use by the
Office of Children's Advocate for the administration of ORS
417.805, 417.810 and 417.815.
{ +
(Domestic Violence Clinical Programs) + }
SECTION 112. ORS 352.655 is amended to read:
352.655. The Domestic Violence Clinical Legal Education Account
is created within the General Fund. The account shall consist of
moneys { - paid into - } { + allocated to + } the account
under { - ORS 21.111 (4) - } { + section 1 of this 2011
Act + }. Moneys credited to the account are continuously
appropriated to the Oregon University System, and may be used
only for the purpose of funding clinical legal education programs
at accredited institutions of higher education that provide civil
legal services to victims of domestic violence, stalking or
sexual assault. The Oregon University System may provide funding
to a program from the account only if the program operates in
conjunction with at least one nonprofit service provider to
victims of domestic violence, stalking or sexual assault, and as
part of the program the provider performs victim counseling
services and student training. The Oregon University System shall
distribute moneys from the account to programs in amounts that
are proportional to the number of victims of domestic violence,
stalking or sexual assault served by the program in the preceding
year as compared to the number of victims of domestic violence,
stalking or sexual assault served by all programs in the
preceding year.
{ +
(Low Income Housing) + }
SECTION 113. ORS 458.350 is amended to read:
458.350. (1) The Housing and Community Services Department Low
Income Rental Housing Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned on
the Housing and Community Services Department Low Income Rental
Housing Fund shall be credited to the fund.
(2) The Housing and Community Services Department Low Income
Rental Housing Fund shall consist of all moneys { - paid
into - } { + allocated to + } the fund under the provisions of
{ - ORS 105.130 - } { + section 1 of this 2011 Act + }, any
voluntary contributions made to the fund and any interest
thereon.
(3) Costs of administering the program described in ORS 458.350
and 458.360 shall be paid from the fund.
{ +
MISCELLANEOUS + }
SECTION 114. { + ORS 21.335, 21.420, 21.660, 21.670, 21.730
and 21.990 are repealed. + }
SECTION 115. ORS 18.999, as amended by section 7, chapter 659,
Oregon Laws 2009, is amended to read:
18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 or to enforce a judgment and establishes
procedures for that recovery. The following apply to this
section:
(1) When a plaintiff receives moneys under a garnishment,
attachment or payment, the plaintiff may proceed as follows:
(a) Before crediting the total amount of moneys received
against the judgment or debt, the plaintiff may recover and keep
from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of
this subsection, the plaintiff shall credit the remainder of the
moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section
shall not be considered moneys paid on and to be credited against
the original judgment or debt sought to be enforced. No
additional judgment is necessary to recover moneys in the manner
provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection
(1)(a) of this section are those described in subsection (4) of
this section that the plaintiff has paid to enforce the existing
specific judgment or debt that the specific garnishment or
attachment was issued to enforce or upon which the payment was
received. Moneys recoverable under subsection (1)(a) of this
section remain recoverable and, except as provided under
subsection (8) of this section, may be recovered from moneys
received by the plaintiff under subsequent garnishments,
attachments or payments on the same specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements
under subsection (3) of this section, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under { - ORS 21.325 - }
{ + sections 70 and 72 of this 2011 Act + }.
(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 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 116. { + The amendments to ORS 18.999 by section 115
of this 2011 Act apply only to circuit court fees paid on or
after the effective date of this 2011 Act. Any circuit court fee
paid under ORS 21.325, as in effect immediately before the
effective date of this 2011 Act, may continue to be collected in
the manner provided by ORS 18.999 on and after the effective date
of this 2011 Act. + }
SECTION 117. ORS 24.190 is amended to read:
24.190. (1) For the purposes of this section:
(a) 'Foreign restraining order' means a restraining order that
is a foreign judgment as defined by ORS 24.105.
(b)(A) 'Restraining order' means an injunction or other order
issued for the purpose of preventing:
(i) Violent or threatening acts or harassment against another
person;
(ii) Contact or communication with another person; or
(iii) Physical proximity to another person.
(B) 'Restraining order' includes temporary and final orders,
other than support or child custody orders, issued by a civil or
criminal court regardless of whether the order was obtained by
filing an independent action or as a pendente lite order in
another proceeding. However, for a civil order to be considered a
restraining order, the civil order must have been issued in
response to a complaint, petition or motion filed by or on behalf
of a person seeking protection.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, immediately upon the arrival in this state of a
person protected by a foreign restraining order, the foreign
restraining order is enforceable as an Oregon order without the
necessity of filing and continues to be enforceable as an Oregon
order without any further action by the protected person.
(b) A foreign restraining order is not enforceable as an Oregon
order if:
(A) The person restrained by the order shows that:
(i) The court that issued the order lacked jurisdiction over
the subject matter or lacked personal jurisdiction over the
person restrained by the order; or
(ii) The person restrained by the order was not given
reasonable notice and an opportunity to be heard under the law of
the jurisdiction in which the order was issued; or
(B) The foreign restraining order was issued against a person
who had petitioned for a restraining order unless:
(i) The person protected by the foreign restraining order filed
a separate petition seeking the restraining order; and
(ii) The court issuing the foreign restraining order made
specific findings that the person was entitled to the order.
(3)(a) A person protected by a foreign restraining order may
present a true copy of the order to a county sheriff for entry
into the Law Enforcement Data System maintained by the Department
of State Police. Subject to paragraph (b) of this subsection, the
county sheriff shall enter the order into the Law Enforcement
Data System if the person certifies that the order is the most
recent order in effect between the parties and provides proof of
service or other written certification that the person restrained
by the order has been personally served with a copy of the order
or has actual notice of the order. Entry into the Law Enforcement
Data System constitutes notice to all law enforcement agencies of
the existence of the restraining order. Law enforcement agencies
shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of the order may be informed of
the existence and terms of the order. The order is fully
enforceable as an Oregon order in any county or tribal land in
this state.
(b) The Department of State Police shall specify information
that is required for a foreign restraining order to be entered
into the Law Enforcement Data System.
(c) At the time a county sheriff enters an order into the Law
Enforcement Data System under paragraph (a) of this subsection,
the sheriff shall also enter the order into the databases of the
National Crime Information Center of the United States Department
of Justice.
(4) Pending a contempt hearing for alleged violation of a
foreign restraining order, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in
ORS 135.230 to 135.290. Unless the order provides otherwise, the
security amount for release is $5,000.
(5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and
24.155 do not apply to a foreign restraining order.
(6) A person protected by a foreign restraining order may file
a certified copy of the order and proof of service in the office
of the clerk of any circuit court of any county of this state. A
judgment so filed has the same effect and is subject to the same
procedures, defenses and proceedings for reopening, vacating or
staying as a judgment of the circuit court in which the foreign
judgment is filed, and may be enforced or satisfied in like
manner. The { + court may not collect a + } filing fee
{ - provided for in ORS 21.325 (3) shall not apply to - } { +
for + } a filing under this section.
SECTION 118. ORS 36.610 is amended to read:
36.610. (1) Except as otherwise provided in this section, a
party to an agreement to arbitrate or to an arbitration
proceeding may waive, or the parties may vary the effect of, the
requirements of ORS 36.600 to 36.740 to the extent permitted by
law.
(2) Before a controversy arises that is subject to an agreement
to arbitrate, a party to the agreement may not:
(a) Waive or agree to vary the effect of the requirements of
this section or ORS 36.615 { - (1) - } , 36.620 (1), 36.630,
36.675 (1) or (2), 36.720 or 36.730;
(b) Agree to unreasonably restrict the right under ORS 36.635
to notice of the initiation of an arbitration proceeding;
(c) Agree to unreasonably restrict the right under ORS 36.650
to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under ORS 36.670 of a party to an agreement
to arbitrate to be represented by a lawyer at any proceeding or
hearing under ORS 36.600 to 36.740, but an employer and a labor
organization may waive the right to representation by a lawyer in
a labor arbitration.
(3) A party to an agreement to arbitrate or arbitration
proceeding may not waive, or the parties may not vary the effect
of, the requirements of this section or ORS 36.625, 36.660,
36.680, 36.690 (4) or (5), 36.700, 36.705, 36.710, 36.715 (1) or
(2), 36.735 or 36.740 or section 3 (1) or (3) or 31, chapter 598,
Oregon Laws 2003.
(4) Subsections (2) and (3) of this section do not apply to
agreements to arbitrate entered into by two or more insurers, as
defined by ORS 731.106, or self-insured persons for the purpose
of arbitration of disputes arising out of the provision of
insurance.
SECTION 119. ORS 46.488 is amended to read:
46.488. (1) A judgment creditor may not create a judgment lien
for a judgment entered in the small claims department of a
circuit court if the money award is less than $10, exclusive of
costs and disbursements. A judgment creditor may create a
judgment lien for a judgment entered in the small claims
department of a circuit court in an amount of $10 or more and
less than $3,000, exclusive of costs and disbursements, only as
provided in subsection (3) of this section.
(2) If a judgment is rendered in the small claims department in
an amount of $3,000 or more, the clerk shall note in the register
of the circuit court that the judgment creates a judgment lien if
the judgment otherwise complies with the requirements of ORS
chapter 18 for creating a judgment lien. A judgment creditor may
create a lien for the judgment in other counties in the manner
provided by ORS 18.152.
(3) When a judgment is entered in the small claims department
in an amount of $10 or more and less than $3,000, exclusive of
costs or disbursements, a judgment creditor may at any time
before expiration of judgment remedies for the judgment under ORS
18.180 create a judgment lien for the judgment by paying to the
clerk of the court that entered the judgment the fees established
{ - by ORS 21.325 (1) and (2) - } { + under section 70 (1) of
this 2011 Act + } and requesting that the clerk of the court note
in the register and in the judgment lien record that the judgment
creates a judgment lien. Upon receipt of the fees and request for
creating a judgment lien, the clerk shall note in the register
that the judgment creates a judgment lien. Upon entry of the
notation in the register, the judgment creates a lien as
described in ORS 18.150, and a judgment creditor may create a
lien for the judgment in other counties in the manner provided by
ORS 18.152.
SECTION 120. ORS 52.635 is amended to read:
52.635. (1) After a judgment that includes a money award is
docketed in a justice court, a certified copy of the judgment or
a lien record abstract for the judgment may be recorded in the
County Clerk Lien Record for the county that contains the justice
court that rendered the judgment. The certified copy or lien
record abstract may be recorded by the judgment creditor or by
the agent of the judgment creditor at any time after the judgment
is rendered and before the judgment expires under ORS 18.194 or
is fully satisfied. From the time the certified copy of the
judgment or the lien record abstract is recorded in the County
Clerk Lien Record, the judgment is a lien upon the real property
of the defendant in the county.
(2) In lieu of recording a certified copy of a judgment or a
lien record abstract for a judgment under subsection (1) of this
section, a judgment that includes a money award rendered by a
justice court in a civil action may be transcribed to the circuit
court for the county that contains the justice court that
rendered the judgment. The judgment may be transcribed by the
filing of a certified transcript of the judgment with the clerk
of the circuit court. The transcript must contain a copy of all
the docket entries made in the case and the judgment as rendered
by the justice court, certified to be a true and correct
transcript from the original entries by the justice court. Upon
filing of the certified transcript, the clerk shall enter the
transcribed judgment in the register of the circuit court and in
the judgment lien record. The clerk shall note in the register
that the transcribed judgment creates a judgment lien. A judgment
in a criminal action may not be transcribed to circuit court
under the provisions of this subsection.
(3) A certified copy of a judgment docketed in a justice court,
or a lien record abstract for the judgment, may be recorded in
any County Clerk Lien Record. The judgment or lien record
abstract may be recorded in a county other than the county that
contains the justice court that rendered the judgment without
transcribing the justice court judgment to the circuit court for
the county that contains the justice court that rendered the
judgment, or recording a certified copy of the judgment or a lien
record abstract for the judgment in the County Clerk Lien Record
for the county that contains the justice court. If the judgment
has been transcribed to circuit court, or a certified copy of the
judgment or a lien record abstract for the judgment has been
recorded in any County Clerk Lien Record, a lien record abstract
for the judgment in the form provided by ORS 18.170 may be
recorded in the County Clerk Lien Record for any other county.
From the time the certified copy of the judgment or lien record
abstract for the judgment is recorded in the County Clerk Lien
Record of another county, the judgment is a lien upon the real
property of the defendant in that county.
(4) A certified copy of a certificate of extension filed under
ORS 18.194, or a lien record abstract for the certificate of
extension, may be transcribed to circuit court or recorded in a
County Clerk Lien Record in the same manner as provided for
judgments under this section and with like effect.
(5) The transcribing of a justice court judgment to circuit
court under this section, or the recording of a certified copy of
a justice court judgment or a lien record abstract under this
section, does not extend the lien of the judgment more than 10
years from the original entry of the judgment in the justice
court.
(6) The fee for filing a transcript with the clerk of the
circuit court under subsection (2) of this section shall be as
provided in { - ORS 21.325 (2) - } { + section 70 (1) of this
2011 Act + }. The fee for recording a certified copy of a justice
court judgment or a lien record abstract under this section shall
be as provided in ORS 205.320.
(7) A justice court and circuit court may enter into an
agreement to allow for electronic transcription of justice court
judgments under this section. A justice court and county clerk
may enter into an agreement to allow for electronic recording of
judgments and lien record abstracts under this section.
SECTION 121. { + The amendments to ORS 52.635 by section 120
of this 2011 Act apply only to transcripts filed in circuit
courts on or after the effective date of this 2011 Act. + }
SECTION 122. ORS 105.938 is amended to read:
105.938. (1) Upon petition of an insurer, a court may order
that data from a motor vehicle event data recorder be retrieved
or used without the consent of the owner of the motor vehicle
after an accident if the court determines that:
(a) The owner has a policy of insurance for the vehicle issued
by the insurer;
(b) The data is necessary to reconstruct the facts of the
accident and to allow the insurer to determine the obligations of
the insurer under the insurance policy; and
(c) An accurate and timely determination of the facts of the
accident cannot occur without the data.
(2) A petition under this section must be filed in the circuit
court for the county in which the owner of the motor vehicle
resides. The petition must be served on the owner in the manner
provided by ORCP 7 not less than 30 days before a hearing on the
petition. An insurer filing a petition under this section must
pay the filing fee specified by { - ORS 21.110 - } { +
section 8 of this 2011 Act + }.
SECTION 123. { + The amendments to ORS 105.938 by section 122
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
SECTION 124. ORS 109.100 is amended to read:
109.100. (1) Any minor child or the administrator may, in
accordance with ORCP 27 A, apply to the circuit court in the
county in which the child resides, or in which the natural or
adoptive father or mother of the child may be found, for an order
upon the child's father or mother, or both, to provide for the
child's support. The child or the administrator may apply for the
order by filing in the county a petition setting forth the facts
and circumstances relied upon for the order. If satisfied that a
just cause exists, the court shall direct that the father or
mother appear at a time set by the court to show cause why an
order of support should not be entered in the matter.
(2) The petitioner shall state in the petition, to the extent
known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the minor
child, including a proceeding brought under ORS 25.287, 107.085,
107.135, 107.431, 108.110, 109.103, 109.165, 125.025, 416.400 to
416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the minor child.
(3) The petitioner shall include with the petition a
certificate regarding any pending support proceeding and any
existing support order. The petitioner shall use a certificate
that is in a form established by court rule and include
information required by court rule and subsection (2) of this
section.
(4) The judgment of a court under subsection (1) of this
section is final as to any installment or payment of money that
has accrued up to the time either party makes a motion to set
aside, alter or modify the judgment, and the court may not set
aside, alter or modify the judgment, or any portion thereof, that
provides for any payment of money that has accrued prior to the
filing of the motion.
(5) The provisions of ORS 108.120 { - and 108.130 - } apply
to proceedings under subsection (1) of this section.
(6) In any proceeding under this section, both the child's
physical and legal custodians are parties to the action.
SECTION 125. ORS 114.720 is amended to read:
114.720. (1) A surviving spouse may claim the elective share by
filing a petition for the exercise of the election in a circuit
court within the time allowed by ORS 114.610 (1)(c). Venue for
the proceeding is as provided in ORS 113.015. A copy of the
petition must be served on all persons who would be entitled to
receive information under ORS 113.145 and on all distributees and
recipients of portions of the augmented estate known to the
surviving spouse who can be located with reasonable efforts. The
fee for filing a petition under this subsection shall be the
amount prescribed in { - ORS 21.310 - } { + section 21 of
this 2011 Act + }, based on the value of the nonprobate estate.
The Oregon Rules of Civil Procedure apply to proceedings under
this section. Any party to a proceeding under this section may
request that the pleadings and records in the proceeding be
sealed.
(2) A surviving spouse may withdraw a petition filed under this
section at any time before entry of a judgment on the petition.
(3) If a probate proceeding is commenced for the estate of the
deceased spouse under ORS 113.035 either before or after a
petition is filed under this section, the court shall consolidate
the proceedings under this section with the probate proceedings.
SECTION 126. { + The amendments to ORS 114.720 by section 125
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
SECTION 127. ORS 125.060 is amended to read:
125.060. (1) The notices required by this section must be given
to all persons whose identities and addresses can be ascertained
in the exercise of reasonable diligence by the person required to
give the notice.
(2) Notice of the filing of a petition for the appointment of a
fiduciary or entry of other protective order must be given by the
petitioner to the following persons:
(a) The respondent, if the respondent has attained 14 years of
age.
(b) The spouse, parents and adult children of the respondent.
(c) If the respondent does not have a spouse, parent or adult
child, the person or persons most closely related to the
respondent.
(d) Any person who is cohabiting with the respondent and who is
interested in the affairs or welfare of the respondent.
(e) Any person who has been nominated as fiduciary or appointed
to act as fiduciary for the respondent by a court of any state,
any trustee for a trust established by or for the respondent, any
person appointed as a health care representative under the
provisions of ORS 127.505 to 127.660 and any person acting as
attorney-in-fact for the respondent under a power of attorney.
(f) If the respondent is a minor, the person who has exercised
principal responsibility for the care and custody of the
respondent during the 60-day period before the filing of the
petition.
(g) If the respondent is a minor and has no living parents, any
person nominated to act as fiduciary for the minor in a will or
other written instrument prepared by a parent of the minor.
(h) If the respondent is receiving moneys paid or payable by
the United States through the Department of Veterans Affairs, a
representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(i) If the respondent is receiving moneys paid or payable for
public assistance provided under ORS chapter 411 by the State of
Oregon through the Department of Human Services, a representative
of the department.
(j) If the respondent is receiving moneys paid or payable for
medical assistance provided under ORS chapter 414 by the State of
Oregon through the Oregon Health Authority, a representative of
the authority.
(k) If the respondent is committed to the legal and physical
custody of the Department of Corrections, the Attorney General
and the superintendent or other officer in charge of the facility
in which the respondent is confined.
(L) If the respondent is a foreign national, the consulate for
the respondent's country.
(m) Any other person that the court requires.
(3) Notice of a motion for the termination of the protective
proceedings, for removal of a fiduciary, for modification of the
powers or authority of a fiduciary, for approval of a fiduciary's
actions or for protective orders in addition to those sought in
the petition must be given by the person making the motion to the
following persons:
(a) The protected person, if the protected person has attained
14 years of age.
(b) Any person who has filed a request for notice in the
proceedings.
(c) Except for a fiduciary who is making a motion, any
fiduciary who has been appointed for the protected person.
(d) If the protected person is receiving moneys paid or payable
by the United States through the Department of Veterans Affairs,
a representative of the United States Department of Veterans
Affairs regional office that has responsibility for the payments
to the protected person.
(e) If the protected person is committed to the legal and
physical custody of the Department of Corrections, the Attorney
General and the superintendent or other officer in charge of the
facility in which the protected person is confined.
(f) Any other person that the court requires.
(4) A request for notice under subsection (3)(b) of this
section must be in writing and include the name, address and
phone number of the person requesting notice. A copy of the
request must be mailed by the person making the request to the
petitioner or to the fiduciary if a fiduciary has been appointed.
The original request must be filed with the court. The person
filing the request must pay the fee specified by { - ORS 21.310
(5) - } { + section 8 of this 2011 Act + }.
(5) A person who files a request for notice in the proceedings
in the manner provided by subsection (4) of this section is
entitled to receive notice from the fiduciary of any motion
specified in subsection (3) of this section and of any other
matter to which a person listed in subsection (2) of this section
is entitled to receive notice under a specific provision of this
chapter.
(6) If the Department of Human Services is nominated as
guardian for the purpose of consenting to the adoption of a
minor, the notice provided for in this section must also be given
to the minor's brothers, sisters, aunts, uncles and grandparents.
(7) In addition to the requirements of subsection (2) of this
section, notice of the filing of a petition for the appointment
of a guardian for a person who is alleged to be incapacitated
must be given by the petitioner to the following persons:
(a) Any attorney who is representing the respondent in any
capacity.
(b) If the respondent is a resident of a nursing home or
residential facility, or if the person nominated to act as
fiduciary intends to place the respondent in a nursing home or
residential facility, the office of the Long Term Care Ombudsman.
(c) If the respondent is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the person nominated to act as
fiduciary intends to place the respondent in such a facility, the
system described in ORS 192.517 (1).
(8) In addition to the requirements of subsection (3) of this
section, in a protective proceeding in which a guardian has been
appointed, notice of the motions specified in subsection (3) of
this section must be given by the person making the motion to the
following persons:
(a) Any attorney who represented the protected person at any
time during the protective proceeding.
(b) If the protected person is a resident of a nursing home or
residential facility, or if the motion seeks authority to place
the protected person in a nursing home or residential facility,
the office of the Long Term Care Ombudsman.
(c) If the protected person is a resident of a mental health
treatment facility or a residential facility for individuals with
developmental disabilities, or if the motion seeks authority to
place the protected person in such a facility, the system
described in ORS 192.517 (1).
(9) A respondent or protected person may not waive the notice
required under this section.
(10) The requirement that notice be served on an attorney for a
respondent or protected person under subsection (7)(a) or (8)(a)
of this section does not impose any responsibility on the
attorney receiving the notice to represent the respondent or
protected person in the protective proceeding.
SECTION 128. { + The amendments to ORS 125.060 by section 127
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
SECTION 129. ORS 125.075 is amended to read:
125.075. (1) Any person who is interested in the affairs or
welfare of a respondent or protected person may present
objections to a petition or to a motion in a protective
proceeding, including but not limited to:
(a) Any person entitled to receive notice under ORS 125.060.
(b) Any stepparent or stepchild of the respondent or protected
person.
(c) Any other person the court may allow.
(2) Objections to a petition may be either written or oral.
Objections to a motion must be in writing. Objections to a
petition or to a motion must be made or filed with the court
within 15 days after notice of the petition or motion is served
or mailed in the manner prescribed by ORS 125.065. The court
shall designate a place where oral objections may be made. If a
person appears within the time allowed at the place designated by
the court for the purpose of making oral objections, the clerk of
the court shall provide a means of reducing the oral objections
to a signed writing for the purpose of filing the objection.
(3) If objections are presented by any of the persons listed in
subsection (1) of this section, the court shall schedule a
hearing on the objections. The petitioner or person making the
motion shall give notice to all persons entitled to notice under
ORS 125.060 (3) of the date, time and place of the scheduled
hearing at least 15 days before the date set for hearing. Notice
shall be given in the manner prescribed by ORS 125.065.
(4) Notwithstanding { - ORS 21.310 - } { + section 21 of
this 2011 Act + }, the court shall not charge or collect any fee
from a respondent or protected person for the filing of
objections under the provisions of this section or for the filing
of any motion by a respondent or protected person.
(5) The court for good cause shown may provide for a different
method or time of giving notice under subsection (3) of this
section.
SECTION 130. ORS 125.605 is amended to read:
125.605. (1) In addition to the requirements of ORS 125.055, a
petition for the appointment of a temporary fiduciary must
contain allegations of the conditions required under ORS 125.600.
(2) Notice of a petition for the appointment of a temporary
fiduciary must be given to the persons specified in ORS 125.060
(2) in the manner provided by ORS 125.065 at least two days
before the appointment of a temporary fiduciary. The court may
waive the requirement that notice be given before appointment if
the court finds that the immediate and serious danger requires an
immediate appointment. In no event may the notice required by ORS
125.060 be given more than two days after the appointment is
made.
(3) Notice of a motion for the extension of a temporary
fiduciary's authority beyond 30 days under ORS 125.600 (3) must
be given to the persons specified in ORS 125.060 (2) in the
manner provided by ORS 125.065 at least two days before the entry
of an order granting the extension.
(4) The court shall appoint a visitor if the petition seeks
appointment of a temporary guardian. A visitor may be appointed
by the court if a petition seeks appointment of a temporary
conservator. Within three days after the appointment of the
temporary fiduciary, the visitor shall conduct an interview of
the respondent. The visitor shall report to the court within five
days after the appointment of a temporary fiduciary is made. The
report of the visitor shall be limited to the conditions alleged
to support the appointment of a temporary fiduciary.
(5) If objections are made to the appointment of a temporary
fiduciary or to the extension of a temporary fiduciary's
authority under ORS 125.600 (3), the court shall hear the
objections within two judicial days after the date on which the
objections are filed. Notwithstanding { - ORS 21.310 - } { +
section 21 of this 2011 Act + }, no fee shall be charged to any
person filing an objection to the appointment of a temporary
fiduciary or to the extension of a temporary fiduciary's
authority under ORS 125.600 (3).
SECTION 131. ORS 130.355, as amended by sections 43 and 44,
chapter 107, Oregon Laws 2010, is amended to read:
130.355. (1) At any time after the death of a settlor of a
trust described in ORS 130.350 (2), a trustee of the trust may
petition the probate court to determine the claims of creditors
of the settlor. A petition under this section must include all of
the following information to the extent known by the trustee:
(a) The settlor's name, the settlor's date of birth, the
settlor's date and place of death and the last four digits of the
settlor's Social Security number.
(b) The name of the trustee.
(c) The address at which claims must be presented.
(d) The name of the trust, if any, and the date of the trust,
including the dates of any amendments.
(e) The facts establishing venue in the county where the
petition is being filed.
(2) The clerk of the court shall charge and collect in advance
from the trustee the filing fee required from a plaintiff under
{ - ORS 21.110 (1) - } { + section 8 of this 2011 Act + }.
(3) A proceeding under this section may be brought only:
(a) In the county where the settlor had domicile or a place of
abode at the time of death;
(b) In any county where assets of the trust were located at the
time of death or are located at the time the proceeding is
commenced; or
(c) In the county where the settlor died.
(4) The court has personal jurisdiction over a trustee that
files a petition under this section, whether the trustee is a
resident or nonresident of this state, for the purposes of any
proceeding relating to the trust that may be instituted by an
interested person.
SECTION 132. { + The amendments to ORS 130.355 by section 131
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
SECTION 133. ORS 130.400, as amended by sections 46 and 47,
chapter 107, Oregon Laws 2010, is amended to read:
130.400. (1) The trustee may compromise a claim against the
trust estate.
(2) A claim presented to a trustee under ORS 130.350 to 130.450
shall be considered allowed as presented unless within 60 days
after the date of presentment of the claim the trustee mails or
delivers a notice of disallowance of the claim in whole or in
part to the claimant and to the attorney of the claimant if the
claimant has an attorney.
(3) A notice of disallowance of a claim shall inform the
claimant that the claim has been disallowed in whole or in part
and, to the extent disallowed, will be barred unless the claimant
requests a summary determination or brings an action in the
manner provided by subsection (4) of this section.
(4) If a trustee disallows a claim submitted under ORS 130.350
to 130.450 in whole or in part, the claimant, within 30 days
after the date of mailing or delivery of the notice of
disallowance, may:
(a) File a request for summary determination of the claim in
the probate court, with proof of service of a copy of the request
upon the trustee or the attorney of the trustee; or
(b) Commence a separate action against the trustee on the claim
in the probate court.
(5) If the claimant fails either to request a summary
determination or commence a separate action as provided in
subsection (4) of this section, the claim is barred to the extent
the claim has been disallowed by the trustee.
(6) If a claimant prevails in a proceeding or action under
subsection (4) of this section, the claim shall be allowed or
judgment entered in the full amount determined to be due to the
claimant. The claim or judgment shall be paid from the assets of
the trust estate only to the extent that funds are available
after payment of other claims with higher priority under ORS
130.425.
(7) If the claimant files a request for summary determination
of a claim under subsection (4) of this section, the trustee may
notify the claimant in writing that the claimant must commence a
separate action against the trustee on the claim within 60 days
after the claimant receives the notice. Notice under this
subsection must be given by the trustee within 30 days after the
request for summary determination is served on the trustee or the
attorney of the trustee. If the claimant fails to commence a
separate action within the time allowed, the claim is barred to
the extent the claim has been disallowed by the trustee.
(8) In a proceeding for summary determination under this
section:
(a) The trustee shall make response to the claim as though the
claim were a complaint filed in an action.
(b) The court shall hear the matter without a jury, after
notice to the claimant and trustee. The court shall determine the
claim in a summary manner, and shall make an order allowing or
disallowing the claim in whole or in part.
(c) No appeal may be taken from the order of the court made in
a proceeding for summary determination under this section.
(9) If a civil action is commenced under subsection (4) of this
section, a trustee, or beneficiary, may petition the court to
approve a proposed disposition of claims or to provide
instructions on the treatment of claims.
(10) A claimant filing a request for summary determination of a
claim under subsection (4) of this section must pay the filing
fee required of a defendant or respondent under { - ORS 21.110
(1) - } { + section 8 of this 2011 Act + } and other fees
applicable to civil actions in circuit court.
SECTION 134. { + The amendments to ORS 130.400 by section 133
of this 2011 Act apply only to proceedings commenced on or after
the effective date of this 2011 Act. + }
SECTION 135. ORS 182.040 is amended to read:
182.040. (1) All state boards and commissions that are
supported by fees, fines, licenses or taxes or other forms of
income not derived from a direct tax on tangible property shall
pay the various counties of the State of Oregon the same fees
required of others for services rendered.
(2) ORS 182.040 to 182.060 do not apply to:
(a) Except for those fees required in ORS 205.320, services
rendered for the Bureau of Labor and Industries on wage claims
assigned to it for collection.
(b) Any of the provisions or requirements of ORS
{ - 21.310, - } 52.410 to 52.440, 156.160, 205.360 and
205.370 { + and section 21 of this 2011 Act + }.
SECTION 136. ORS 205.360 is amended to read:
205.360. The clerk of the county court shall receive and
receipt for fees prescribed in { - ORS 21.310 - } { + section
21 of this 2011 Act + } that are collected by the clerk, stating
in the receipt the amount so received, from whom received and on
what account the amount was received, specifying the cause or
proceeding. If it is ascertained at any time that the clerk has
received any such fees not so accounted for, or done service
without collecting fees therefor as provided in { - ORS
21.310 - } { + section 21 of this 2011 Act + }, or neglected
duty in any other respect, the payment of salary of the clerk
shall be withheld until the matter is fully rectified.
SECTION 137. ORS 701.133, as amended by sections 49 and 50,
chapter 107, Oregon Laws 2010, is amended to read:
701.133. (1) Unless otherwise provided by the Construction
Contractors Board by rule, before filing a complaint under ORS
701.139, a person must send notice to the contractor that the
person intends to file the complaint. The person must send the
notice at least 30 days before filing the complaint. The notice
must be mailed by certified mail to the last known address of the
contractor as shown in board records. The board by rule may:
(a) Specify the manner in which the person may show compliance
with this subsection at the time of filing the complaint.
(b) Provide that all or part of the requirements for sending a
notice under this subsection may be waived if the contractor, by
other means, has actual notice of the dispute with the person
filing the complaint.
(2) If the notice described in subsection (1) of this section
is mailed to the contractor fewer than 45 days before expiration
of the time limitation under ORS 701.143 for the board to receive
the complaint, the time limitation for the board to receive the
complaint does not expire until 60 days after the notice is
mailed.
(3) The board by rule may impose a processing fee for
complaints filed under ORS 701.139. The fee amount may not exceed
{ - the amount of the filing fee provided by ORS 21.110 (1) for
a plaintiff filing a civil action in circuit court - } { +
$100 + }. The board may impose different processing fees for
complaints processed under ORS 701.145 than for complaints
processed under ORS 701.146.
(4) If the board adopts rules under subsection (3) of this
section, the rules:
(a) Except as provided in paragraphs (b) and (c) of this
subsection, must provide that a prevailing complainant recover
processing fees as damages in the final order of the board.
(b) Must provide that the board may waive or defer all or part
of the processing fee upon application by the person filing the
complaint that shows the person is unable to pay all or part of
the fee. The application must be made under oath and notarized.
The application must show the average monthly income and expenses
of the complainant, assets and liabilities of the complainant and
any other information required by board rule.
(c) May provide for the processing fee to be waived for all
complaints that are based on the furnishing of labor by a
complainant to a contractor. The board may provide for processing
fee waiver under this paragraph only if, in the opinion of the
board, a majority of complainants who file complaints based on
the furnishing of labor to contractors are eligible for fee
waivers as described in paragraph (b) of this subsection.
{ +
HOUSE BILL 2287 (2009) SURCHARGES + }
SECTION 138. { + Section 1, chapter 659, Oregon Laws 2009, is
repealed. + }
SECTION 139. { + Any funds in the Judicial System Surcharge
Account on the effective date of this 2011 Act shall be
transferred by the State Treasurer to the Court Fees Account to
be distributed as provided in section 1 of this 2011 Act. + }
SECTION 140. Section 2, chapter 659, Oregon Laws 2009, as
amended by section 20, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 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)(a) Offense surcharges imposed under this section are part
of the base fine for the purposes of ORS chapter 153.
(b) The provisions of ORS 153.093 do not affect the amount of
the offense surcharge imposed and collected under this section,
and the amount calculated under ORS 153.093 (1) includes the full
amount of the offense surcharge.
(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 - } { + Criminal Fine and Assessment + }
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 141. Section 4, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 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
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
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.
(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) - } { + (25) + } 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 142. Section 10, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 10. + } (1) The amendments to ORS 135.265 by section
9 { - of this 2009 Act - } { + , chapter 659, Oregon Laws
2009, + } 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 - } { + Criminal Fine and Assessment + } 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 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 143. Section 15, chapter 659, Oregon Laws 2009, as
amended by section 30a, chapter 107, Oregon Laws 2010, is amended
to read:
{ + Sec. 15. + } (1) The amendments to ORS 21.110 by section
14, chapter 659, Oregon Laws 2009, apply only to civil actions,
suits and proceedings filed on or after October 1, 2009, and
before July 1, 2011.
(2) The amendments to ORS 21.110 by sections 28 and 29 { + ,
chapter 107, Oregon Laws 2010, + } { - of this 2010 Act - }
apply only to civil actions, suits and proceedings filed on or
after May 1, 2010, and before July 1, 2011.
(3) All fees imposed pursuant to the amendments to ORS 21.110
by section 14, chapter 659, Oregon Laws 2009, and by sections 28
and 29 { + , chapter 107, Oregon Laws 2010, + } { - of this
2010 Act - } shall be deposited in the { - Judicial System
Surcharge - } { + Court Fees + } Account { + established by
section 1 of this 2011 Act + }.
{ - (4) 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, chapter 659, Oregon Laws 2009, and by sections 28 and
29 of this 2010 Act. - }
SECTION 144. Section 25, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 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 - }
{ + Court Fees + } Account { + established by section 1 of
this 2011 Act + }. 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. - }
SECTION 145. Section 26, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 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 - } { + Court Fees + } Account { +
established by section 1 of this 2011 Act + }. 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. - }
SECTION 146. Section 27, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 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 - } { + Court Fees + } Account { +
established by section 1 of this 2011 Act + }. 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. - }
SECTION 147. Section 29, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 29. + } (1) The amendments to ORS 21.010 by section
28 { - of this 2009 Act - } { + , chapter 659, Oregon Laws
2009, + } 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 - } { + , chapter 659, Oregon
Laws 2009, + } shall be deposited in the { - Judicial System
Surcharge - } { + Court Fees + } Account { + established by
section 1 of this 2011 Act + }.
{ - (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 148. Section 33, chapter 659, Oregon Laws 2009, as
amended by section 37i, chapter 885, Oregon Laws 2009, is amended
to read:
{ + Sec. 33. + } (1) In any appeal or petition for review
subject to a fee under ORS 21.010, 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 - } { + Court Fees + }
Account { + established by section 1 of this 2011 Act + }.
{ - (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. - }
SECTION 149. Section 35, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 35. + } (1) The amendments to ORS 1.202 by section
34 { - of this 2009 Act - } { + , chapter 659, Oregon Laws
2009, + } 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 - } { + Court Fees + } Account { +
established by section 1 of this 2011 Act + }.
{ - (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 150. Section 38, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 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. The Chief
Justice by order may provide for exemptions from the fees
established by this section if exemptions are needed for the
equitable imposition of those fees.
(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 - } { + Court Fees + }
Account { + established by section 1 of this 2011 Act + }.
{ - (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. - }
{ +
CAPTIONS + }
SECTION 151. { + The unit and section captions used in this
2011 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 2011 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 152. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
July 1, 2011. + }
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