Bill Text: OR HB3696 | 2010 | 1st Special Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public financial administration; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2010-04-01 - Chapter 107, (2010 Laws): Effective date April 1, 2010. [HB3696 Detail]
Download: Oregon-2010-HB3696-Engrossed.html
Bill Title: Relating to public financial administration; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2010-04-01 - Chapter 107, (2010 Laws): Effective date April 1, 2010. [HB3696 Detail]
Download: Oregon-2010-HB3696-Engrossed.html
75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 225
A-Engrossed
House Bill 3696
Ordered by the House February 23
Including House Amendments dated February 23
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
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.
Authorizes interim Joint Committee on Ways and Means to review
changes in state agency salary plans during interim.
Modifies periods for which semi-independent state agencies must
report certain information to Governor and Legislative Assembly.
Directs Oregon Department of Administrative Services to use
moneys in Oregon Judicial Facilities Fund for purpose of
financing construction and maintenance of county court
facilities.
{ + Modifies certain provisions relating to operating
expenses of and fees and surcharges collected by specified public
bodies.
Makes specified allocations from Judicial System Surcharge
Account.
Authorizes Department of Justice to grant specified amount to
Project Clean Slate.
Transfers certain duties, functions, powers and unexpended
revenues relating to interoperable communication from Department
of State Police to Department of Transportation.
Transfers specified amounts from certain funds and accounts to
General Fund for general governmental purposes.
Authorizes tax refund to estates when inheritance tax liability
under provision allowing natural resource property tax credit is
greater than tax liability under previous provision allowing
exclusion for similar estates. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public financial administration; creating new
provisions; amending ORS 21.110, 21.480, 36.170, 36.615,
130.355, 130.400, 182.472, 197.090, 291.371, 403.450, 403.455,
403.460, 480.345, 480.350, 496.951, 701.133 and 836.072 and
section 7, chapter 218, Oregon Laws 2007, sections 2, 4, 13,
15, 17 and 20, chapter 659, Oregon Laws 2009, and sections 24
and 25, chapter 906, Oregon Laws 2009; repealing section 3,
chapter 328, Oregon Laws 2001, section 1a, chapter 659, Oregon
Laws 2009, and section 37d, chapter 885, Oregon Laws 2009; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
SALARY PLAN CHANGES + }
SECTION 1. ORS 291.371 is amended to read:
291.371. (1) As used in this section, 'legislative review
agency' means the Joint Committee on Ways and Means during the
period when the Legislative Assembly is in session and the
Emergency Board { + or the interim Joint Committee on Ways and
Means + } during the interim period between sessions.
(2) Prior to making any changes in a salary plan, the Oregon
Department of Administrative Services shall submit the proposed
changes to the legislative review agency.
(3)(a) The Oregon Department of Administrative Services may
approve the reallocation of positions or the establishment of new
positions not specifically provided for in the budget of the
affected agency if it finds that the proposed change:
(A) Can be financed by the agency within the limits of its
biennial budget and legislatively approved program;
(B) Will not produce future budgetary increases; and
(C) Conforms to legislatively approved salary policies.
(b) Proposed changes not meeting the requirements of paragraph
(a) of this subsection shall be presented to the legislative
review agency.
(4) Agencies within the Department of Human Services, the
Oregon Health Authority and the Department of Corrections shall
report on a biennial basis to the legislative review agency. Each
report shall include the number of vacant budgeted positions,
including all job categories and classifications, within the
agency. The legislative review agency shall order the reporting
agency to show cause why the budgeted positions have not been
filled and shall assess fully the impact the vacancies have on:
(a) The agency's delivery of services, accounting for any
seasonal fluctuation in the need for those services;
(b) The agency's budget due to increased use of overtime;
(c) The agency's use of temporary employees; and
(d) Employee workload.
(5) It is declared to be the policy of this state that the
total personal services, budget and full-time equivalent
positions approved for any state agency shall be the maximum
amount necessary to meet the requirements of the agency for the
biennium. Notwithstanding ORS 291.232 to 291.260, the Governor
and the Oregon Department of Administrative Services may transfer
vacant position authority among and within state agencies to
achieve maximum utilization of authorized positions within
agencies.
{ +
SEMI-INDEPENDENT STATE AGENCIES + }
SECTION 2. ORS 182.472 is amended to read:
182.472. Not later than { - January 1 - } { + April 1 + }
of each even-numbered year, each board subject to ORS 182.456 to
182.472 shall submit a report to the Governor, the President of
the Senate, the Speaker of the House of Representatives and the
Legislative Fiscal Officer. The Legislative Fiscal Officer shall
review the reports and shall prepare and submit a statement of
findings and conclusions to the Joint Legislative Audit Committee
{ + and the Joint Committee on Ways and Means + }. The report
must include the following:
(1) A copy of the most recent audit or financial review of the
board.
(2) A copy of the actual budget for the prior biennium and a
copy of the board's adopted budget for the biennium in which the
report is made. The budget documents must show:
(a) The beginning balance and ending balance for each of the
two biennia;
(b) A description of material changes between the two biennia;
(c) A description of the public hearing process used to
establish the budget adopted for the current biennium; and
(d) A description of current fees and proposed changes to fees,
along with information supporting the amounts of the current fees
and any proposed changes to the fees.
(3) A description of all temporary and permanent rules adopted
by the board { - since the last report was submitted - } { +
during the prior biennium + }.
(4) A description of board actions promoting consumer
protection that were taken { - since the last report was
submitted - } { + during the prior biennium + }.
(5) If the board issues licenses, a description of the board's
licensing activities performed { - since the last report - }
{ + during the prior biennium + } that is adequate to allow
evaluation of the board's performance of its licensing
responsibilities, including:
(a) The number of license applications;
(b) The number of licenses issued;
(c) The number of examinations conducted;
(d) The average time between application for and issuance of
licenses;
(e) The number and types of complaints received about persons
holding licenses;
(f) The number and types of investigations conducted;
(g) The number and types of resolutions of complaints;
(h) The number and type of sanctions imposed; and
(i) The number of days between beginning an investigation and
reaching a resolution.
(6) A description of all other actions taken { - since the
last report - } { + during the prior biennium + } in the
performance of the board's statutory responsibilities that is
adequate to allow evaluation of the board's performance.
SECTION 3. { + The amendments to ORS 182.472 by section 2 of
this 2010 Act apply to reports, audits and financial reviews
required to be submitted on or after the effective date of this
2010 Act. + }
SECTION 4. Section 7, chapter 218, Oregon Laws 2007, is amended
to read:
{ + Sec. 7. + } (1) The amendments to ORS 182.464 and 182.472
by sections 1 and 2 { - of this 2007 Act - } { + , chapter
218, Oregon Laws 2007, + } apply to financial review schedules
for financial reviews to be included in reports to be submitted
to the Governor and the Legislative Assembly { - not later than
the date on which the Seventy-fifth Legislative Assembly
convenes - } { + on or after January 12, 2009 + }.
(2) The amendments to ORS 297.210 by section 3 { - of this
2007 Act - } { + , chapter 218, Oregon Laws 2007, + } apply to
audits or reviews required to be made of an institution or
department of state government when the executive head of the
institution or department retires on or after { - the effective
date of this 2007 Act - } { + May 30, 2007 + }.
(3) The amendments to ORS 406.085 by section 4 { - of this
2007 Act - } { + , chapter 218, Oregon Laws 2007, + } apply to
disbursements made from the Conservatorship Revolving Account on
or after { - the effective date of this 2007 Act - } { + May
30, 2007 + }.
(4) The repeal of ORS 206.320 by section 6 { - of this 2007
Act - } { + , chapter 218, Oregon Laws 2007, + } applies to
services performed by a sheriff on behalf of the state on or
after { - the effective date of this 2007 Act - } { + May 30,
2007 + }.
{ +
COUNTY COURT FACILITIES + }
SECTION 5. Section 24, chapter 906, Oregon Laws 2009, is
amended to read:
{ + Sec. 24. + } (1) The Legislative Assembly finds that:
(a) The Oregon judicial system is an essential component of the
public safety system that fosters an orderly and stable
environment in which business can develop and thrive.
(b) Construction and maintenance of { + county + } court
facilities is necessary so that the judicial system can continue
to function effectively.
(c) The factors described in paragraphs (a) and (b) of this
subsection will create construction jobs and encourage and
promote economic development through the maintenance of an
orderly and stable business environment, and the issuance of
lottery bonds for the purpose described in subsection (3) of this
section is therefore an appropriate use of state lottery funds
under section 4, Article XV of the Oregon Constitution, and ORS
461.510.
(2) For the biennium beginning July 1, 2009, at the request of
the Oregon Department of Administrative Services, after
consultation with the Judicial Department, the State Treasurer is
authorized to issue lottery bonds pursuant to ORS 286A.560 to
286A.585 in an amount not to exceed net proceeds of $11,271,656
for the purpose described in subsection (3) of this section, plus
an additional amount, to be estimated by the State Treasurer, for
payment of bond-related costs.
(3) Net proceeds of bonds issued pursuant to this section shall
be deposited in the Oregon Judicial Facilities Fund to finance
construction and maintenance of { + county + } court facilities.
(4) Bond-related costs for the lottery bonds authorized by this
section must be paid from the gross proceeds of the lottery bonds
and from allocations for the purposes of ORS 286A.576 (1)(c).
SECTION 6. Section 25, chapter 906, Oregon Laws 2009, is
amended to read:
{ + Sec. 25. + } The Oregon Judicial Facilities Fund is
established in the State Treasury, separate and distinct from the
General Fund. The Oregon Judicial Facilities Fund shall consist
of moneys deposited in the fund under section 24 { - of this
2009 Act - } { + , chapter 906, Oregon Laws 2009 + }. The moneys
in the Oregon Judicial Facilities Fund and the interest earnings
on moneys in the fund are continuously appropriated to the Oregon
Department of Administrative Services for { - disbursement to
Oregon counties to finance - } { + the purpose of financing + }
construction and maintenance of { + county + } court
facilities.
{ +
OREGON DEPARTMENT OF AVIATION + }
SECTION 7. ORS 836.072 is amended to read:
836.072. (1) Moneys from the increases in taxes by the
amendments to ORS 319.020 by sections 1 and 3, chapter 1037,
Oregon Laws 1999, shall be used by the Oregon Department of
Aviation { + :
(a) + } To establish and fund a program to maintain and
preserve the pavements used for runways, taxiways and aircraft
parking areas at public use airports in this state { - . - }
{ + ; or
(b) For operating expenses of the department. + }
(2) Projects for maintenance and preservation of pavements at
public use airports that are identified in the plan developed
under ORS 835.015 are eligible for funding under this section.
The following expenses of projects selected may be funded under
this section:
(a) Construction expenses;
(b) Engineering expenses; and
(c) Administrative expenses.
(3) The Director of the Oregon Department of Aviation shall
prepare a list of recommended projects. Factors to be used by the
director include, but are not limited to:
(a) The age and condition of pavements;
(b) An airport's role in the state's aviation system, as
described by the plan developed under ORS 835.015; and
(c) Local financial participation in projects.
(4) The director shall forward the list of recommended projects
to the State Aviation Board for approval.
(5) The department may adopt such rules as it deems necessary
for implementation of the airport pavement preservation program.
{ + (6) For purposes of this section, 'operating expenses of
the department' includes, but is not limited to, expenses for
personal services, other services and supplies and capital
outlay. + }
SECTION 8. ORS 836.072, as amended by section 7 of this 2010
Act, is amended to read:
836.072. (1) Moneys from the increases in taxes by the
amendments to ORS 319.020 by sections 1 and 3, chapter 1037,
Oregon Laws 1999, shall be used by the Oregon Department of
Aviation { - : - }
{ - (a) - } to establish and fund a program to maintain and
preserve the pavements used for runways, taxiways and aircraft
parking areas at public use airports in this state { + . + }
{ - ; or - }
{ - (b) For operating expenses of the department. - }
(2) Projects for maintenance and preservation of pavements at
public use airports that are identified in the plan developed
under ORS 835.015 are eligible for funding under this section.
The following expenses of projects selected may be funded under
this section:
(a) Construction expenses;
(b) Engineering expenses; and
(c) Administrative expenses.
(3) The Director of the Oregon Department of Aviation shall
prepare a list of recommended projects. Factors to be used by the
director include, but are not limited to:
(a) The age and condition of pavements;
(b) An airport's role in the state's aviation system, as
described by the plan developed under ORS 835.015; and
(c) Local financial participation in projects.
(4) The director shall forward the list of recommended projects
to the State Aviation Board for approval.
(5) The department may adopt such rules as it deems necessary
for implementation of the airport pavement preservation program.
{ - (6) For purposes of this section, 'operating expenses of
the department' includes, but is not limited to, expenses for
personal services, other services and supplies and capital
outlay. - }
SECTION 9. { + The amendments to ORS 836.072 by section 8 of
this 2010 Act become operative July 1, 2011. + }
{ +
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT + }
SECTION 10. ORS 197.090 is amended to read:
197.090. (1) Subject to policies adopted by the Land
Conservation and Development Commission, the Director of the
Department of Land Conservation and Development shall:
(a) Be the administrative head of the Department of Land
Conservation and Development.
(b) Coordinate the activities of the department in its land
conservation and development functions with such functions of
federal agencies, other state agencies, local governments and
special districts.
(c) Appoint, reappoint, assign and reassign all subordinate
officers and employees of the department, prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law.
(d) Represent this state before any agency of this state, any
other state or the United States with respect to land
conservation and development within this state.
{ - (e) Provide clerical and other necessary support services
for the board. - }
(2)(a) Subject to local government requirements and the
provisions of ORS 197.830 to 197.845, the director may
participate in and seek review of a land use decision, expedited
land division or limited land use decision involving the goals,
acknowledged comprehensive plan or land use regulation or other
matter within the statutory authority of the department or
commission under ORS chapters 195, 196 and 197. The director
shall report to the commission on each case in which the
department participates and on the positions taken by the
director in each case.
(b) If a meeting of the commission is scheduled prior to the
close of the period for seeking review of a land use decision,
expedited land division or limited land use decision, the
director shall obtain formal approval from the commission prior
to seeking review of the decision. However, if the land use
decision, expedited land division or limited land use decision
becomes final less than 15 days before a meeting of the
commission, the director shall proceed as provided in paragraph
(c) of this subsection. If the director requests approval from
the commission, the applicant and the affected local government
shall be notified in writing that the director is seeking
commission approval. The director, the applicant and the affected
local government shall be given reasonable time to address the
commission regarding the director's request for approval to seek
review. The parties shall limit their testimony to the factors
established under subsection (3) of this section. No other
testimony shall be taken by the commission.
(c) If a meeting of the commission is not scheduled prior to
the close of the period for seeking review of a land use
decision, expedited land division or limited land use decision,
at the next commission meeting the director shall report to the
commission on each case for which the department has sought
review. The director shall request formal approval to proceed
with each appeal. The applicant and the affected local government
shall be notified of the commission meeting in writing by the
director. The director, the applicant and the affected local
government shall be given reasonable time to address the
commission regarding the director's request for approval to
proceed with the appeal. The parties shall limit their testimony
to the factors established under subsection (3) of this section.
No other testimony shall be taken by the commission. If the
commission does not formally approve an appeal, the director
shall file a motion with the appropriate tribunal to dismiss the
appeal.
(d) A decision by the commission under this subsection is not
subject to appeal.
(e) For purposes of this subsection, 'applicant' means a person
seeking approval of a permit, as defined in ORS 215.402 or
227.160, expedited land division or limited land use decision.
(3) The commission by rule shall adopt a set of factors for the
commission to consider when determining whether to appeal or
intervene in the appeal of a land use decision, expedited land
division or limited land use decision that involves the
application of the goals, acknowledged comprehensive plan, land
use regulation or other matter within the authority of the
department or commission under ORS chapters 195, 196 and 197.
(4) The director may intervene in an appeal of a land use
decision, expedited land division or limited land use decision
brought by another person in the manner provided for an appeal by
the director under subsection (2)(b) and (c) of this section.
{ +
GASOLINE DISPENSING + }
SECTION 11. ORS 480.350 is amended to read:
480.350. (1) Except as provided in ORS 480.355, a nonretail
facility shall not operate without a license issued under this
section.
(2) The State Fire Marshal shall issue a nonretail facility
license to a person if the person submits an application to the
State Fire Marshal on a form approved by the State Fire Marshal
for each nonretail facility and the application includes:
(a) A statement that the applicant will comply with the
requirements of ORS 480.345;
(b) A copy of the form that will be used by the applicant as
the agreement required under ORS 480.345 between the applicant
and nonretail customers permitted to dispense fuel at the
nonretail facility;
(c) A sworn statement, as defined in ORS 162.055, that
information supplied in the application is true and correct; and
(d) An application fee of { - $250 - } { + $300 + }.
(3) The applicant for a nonretail facility license shall bear
the burden of proof that the requirements of this section and of
any rules of the State Fire Marshal adopted to implement this
section are satisfied.
(4) In addition to any license or renewal fees, a licensee
shall pay an annual fee of { - $5 - } { + $7.50 + } for each
nonretail customer that enters into a written agreement with the
owner or operator of the nonretail facility under ORS 480.345.
(5) A license issued under this section shall be valid for a
period of one year from the date of issuance.
(6) A license may be renewed upon payment to the State Fire
Marshal of an annual license renewal fee of { - $250 - } { +
$300 + }.
(7) All fees received by the State Fire Marshal pursuant to
this section shall be deposited with the State Treasurer and
shall be placed in the State Fire Marshal Fund.
SECTION 12. ORS 480.350, as amended by section 11 of this 2010
Act, is amended to read:
480.350. (1) Except as provided in ORS 480.355, a nonretail
facility shall not operate without a license issued under this
section.
(2) The State Fire Marshal shall issue a nonretail facility
license to a person if the person submits an application to the
State Fire Marshal on a form approved by the State Fire Marshal
for each nonretail facility and the application includes:
(a) A statement that the applicant will comply with the
requirements of ORS 480.345;
(b) A copy of the form that will be used by the applicant as
the agreement required under ORS 480.345 between the applicant
and nonretail customers permitted to dispense fuel at the
nonretail facility;
(c) A sworn statement, as defined in ORS 162.055, that
information supplied in the application is true and correct; and
(d) An application fee of $300.
(3) The applicant for a nonretail facility license shall bear
the burden of proof that the requirements of this section and of
any rules of the State Fire Marshal adopted to implement this
section are satisfied.
(4) In addition to any license or renewal fees, a licensee
shall pay an annual fee of { - $7.50 - } { + $10 + } for each
nonretail customer that enters into a written agreement with the
owner or operator of the nonretail facility under ORS 480.345.
(5) A license issued under this section shall be valid for a
period of one year from the date of issuance.
(6) A license may be renewed upon payment to the State Fire
Marshal of an annual license renewal fee of $300.
(7) All fees received by the State Fire Marshal pursuant to
this section shall be deposited with the State Treasurer and
shall be placed in the State Fire Marshal Fund.
SECTION 13. { + (1) The amendments to ORS 480.350 by section
11 of this 2010 Act become operative July 1, 2010.
(2) The amendments to ORS 480.350 by section 12 of this 2010
Act become operative July 1, 2011. + }
SECTION 14. ORS 480.345, as amended by section 2, chapter 328,
Oregon Laws 2001, is amended to read:
480.345. Notwithstanding ORS 480.330 and 480.340, the owner,
operator or employee of a dispensing facility may permit
nonretail customers other than the owner, operator or employee to
use or manipulate at the dispensing facility a card activated or
key activated device for dispensing Class 1 flammable liquids
into the fuel tank of a motor vehicle or other container under
the following conditions:
(1) The owner or operator shall hold a current nonretail
facility license issued by the State Fire Marshal under ORS
480.350;
(2) After April 1, 1992, a nonretail customer shall purchase at
least { - 2,400 - } { + 900 + } gallons of Class 1 flammable
liquids or diesel fuel from any source during a 12-month period
or, if the amount of such liquids or fuel purchased is less than
{ - 2,400 - } { + 900 + } gallons annually, file documentation
that:
(a) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
(b) The fuel was purchased by a governmental agency providing
fire, ambulance or police services;
(3) The nonretail customer shall provide a federal employer
identification number or equivalent documentation to indicate
participation in a business or employment with a government
agency or nonprofit or charitable organization;
(4) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids shall be employed by a
business, government agency or nonprofit or charitable
organization and shall dispense Class 1 flammable liquids only
into the fuel tank of a motor vehicle or other container owned
{ - and - } { + or + } used by the business, government
agency or nonprofit or charitable organization;
(5) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids shall have
satisfied safety training requirements in compliance with rules
of the State Fire Marshal; and
(6) The owner or operator shall enter into a written agreement
with nonretail customers permitted under this section to dispense
fuel at the nonretail facility. Except as otherwise provided in
ORS 480.355, the agreement shall at a minimum:
(a) Certify that the nonretail customer will purchase at least
{ - 2,400 - } { + 900 + } gallons of Class 1 flammable liquids
or diesel fuel from any source during a 12-month period or, if
the amount of such liquids or fuel purchased is less than
{ - 2,400 - } { + 900 + } gallons annually, file documentation
that:
(A) The fuel qualifies as a deductible farming expense on the
customer's federal income tax return; or
(B) The fuel was purchased by a governmental agency providing
fire, ambulance or police services;
(b) Provide a federal employer identification number or
equivalent documentation to indicate participation in a business
or employment with a government agency or nonprofit or charitable
organization;
(c) Certify that the nonretail customer is employed by a
business, government agency or nonprofit or charitable
organization and that the nonretail customer shall dispense Class
1 flammable liquids only into the fuel tank of a motor vehicle or
other container owned { - and - } { + or + } used by the
business, government agency or nonprofit or charitable
organization;
(d) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire
Marshal; and
(e) Require the nonretail customer to submit a sworn statement,
as defined in ORS 162.055, that the information supplied in the
agreement is true and correct.
SECTION 15. { + Section 3, chapter 328, Oregon Laws 2001, is
repealed. + }
{ +
PROJECT CLEAN SLATE + }
SECTION 16. { + Notwithstanding any other provision of law,
during the biennium beginning July 1, 2009, the Department of
Justice is authorized to grant to Project Clean Slate the amount
of $175,000 from moneys appropriated to the department, out of
the General Fund, for the biennium beginning July 1, 2009. + }
{ +
JUDICIAL SYSTEM SURCHARGE ACCOUNT ALLOCATIONS + }
SECTION 17. { + (1) During the biennium commencing July 1,
2009, the Department of Revenue shall make monthly distributions
from the Judicial System Surcharge Account pursuant to the
allocations specified in this section. The department may not
make a monthly distribution if the balance in the account is less
than $500,000 at the time the distribution would otherwise be
made.
(2) Before making a monthly distribution under this section,
the department may distribute to itself the lesser of 0.05
percent of the balance in the Judicial System Surcharge Account
or the amount necessary to pay the costs incurred by the
department in administering the account.
(3) Subject to subsection (2) of this section, the following
allocations are made from the Judicial System Surcharge Account
for the biennium commencing July 1, 2009:
(a) To the Legislative Administration Committee, $50,000 for
the expenses of the Joint Interim Committee on State Justice
System Revenues, to be paid from the first monthly distribution
made by the department on or after the effective date of this
2010 Act.
(b) To the Legislative Fiscal Officer, $100,000 for the
expenses of the Joint Interim Committee on State Justice System
Revenues incurred in contracting for a study of funding models
for the judicial branch, to be paid from the first monthly
distribution made by the department on or after the effective
date of this 2010 Act.
(c) To the Legislative Counsel Committee, $274,022 for the
Council on Court Procedures and the Oregon Law Commission, to be
paid from the first monthly distribution made by the department
on or after the effective date of this 2010 Act.
(d) To the Judicial Department, 65 percent of each monthly
distribution after any payments required under paragraphs (a),
(b) and (c) of this subsection, to be used for court operations.
Amounts distributed to the Judicial Department under this
paragraph in the biennium commencing July 1, 2009, may not exceed
$22,002,005.
(e) To the Public Defense Services Commission, 35 percent of
each monthly distribution after any payments required under
paragraphs (a), (b) and (c) of this subsection, to be used for
trial-level public defense. Amounts distributed to the Public
Defense Services Commission under this paragraph in the biennium
commencing July 1, 2009, may not exceed $12,380,573. + }
SECTION 18. { + Section 1a, chapter 659, Oregon Laws 2009, is
repealed. + }
SECTION 19. { + The repeal of section 1a, chapter 659, Oregon
Laws 2009, by section 18 of this 2010 Act does not affect any
distribution made under section 1a, chapter 659, Oregon Laws
2009, before the effective date of this 2010 Act. The Department
of Revenue shall include amounts distributed under section 1a,
chapter 659, Oregon Laws 2009, in determining when the limits on
distributions under section 17 (3)(d) and (e) of this 2010 Act
are met. + }
{ +
OFFENSE SURCHARGES + }
SECTION 20. Section 2, chapter 659, Oregon Laws 2009, 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 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 21. ORS 496.951 is amended to read:
496.951. (1) The base fine amount for a violation of wildlife
laws or rules as described in ORS 496.992 (2) that is required in
violation proceedings under ORS chapter 153 shall be as follows:
(a) Violations that do not involve the taking of wildlife,
except for violations of the nonresident licensing provisions of
ORS 497.102 and 497.121 and the provisions of ORS 496.994,
{ - $75 - } { + $120 + }.
(b) Violations that involve the taking of nongame mammals or
game birds, and size or quantity limits for fish and shellfish,
except salmon, steelhead trout and sturgeon, { - $150 - } { +
$195 + }.
(c) Violations that involve the taking of salmon, steelhead
trout, sturgeon, wildlife not otherwise provided for and all
other wildlife offenses, { - $299 - } { + $344 + }.
(2) The base fine amount established under subsection (1) of
this section includes the unitary assessment required under ORS
137.290 { + , the offense surcharge imposed by section 2, chapter
659, Oregon Laws 2009, + } and the county assessment required
under ORS 137.309.
(3) A court may not establish a base fine amount for a
violation of an offense described in subsection (1) of this
section other than the amount listed in this section.
SECTION 22. { + The amendments to section 2, chapter 659,
Oregon Laws 2009, by section 20 of this 2010 Act and the
amendments to ORS 496.951 by section 21 of this 2010 Act become
operative May 1, 2010. + }
SECTION 23. ORS 496.951, as amended by section 21 of this 2010
Act, is amended to read:
496.951. (1) The base fine amount for a violation of wildlife
laws or rules as described in ORS 496.992 (2) that is required in
violation proceedings under ORS chapter 153 shall be as follows:
(a) Violations that do not involve the taking of wildlife,
except for violations of the nonresident licensing provisions of
ORS 497.102 and 497.121 and the provisions of ORS 496.994,
{ - $120 - } { + $75 + }.
(b) Violations that involve the taking of nongame mammals or
game birds, and size or quantity limits for fish and shellfish,
except salmon, steelhead trout and sturgeon, { - $195 - } { +
$150 + }.
(c) Violations that involve the taking of salmon, steelhead
trout, sturgeon, wildlife not otherwise provided for and all
other wildlife offenses, { - $344 - } { + $299 + }.
(2) The base fine amount established under subsection (1) of
this section includes the unitary assessment required under ORS
137.290 { - , the offense surcharge imposed by section 2,
chapter 659, Oregon Laws 2009, - } and the county assessment
required under ORS 137.309.
(3) A court may not establish a base fine amount for a
violation of an offense described in subsection (1) of this
section other than the amount listed in this section.
SECTION 24. { + The amendments to ORS 496.951 by section 23 of
this 2010 Act become operative July 1, 2011. + }
{ +
SURCHARGES FOR TRUST MODIFICATIONS + }
SECTION 25. 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) - } { + 130.045 (7) + }, 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) - } { + 130.045 (5) + } and a surcharge of $2 for the
filing of objections under ORS { - 130.200 (7) - } { +
130.045 (6) + }.
(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) 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 26. { + The amendments to section 4, chapter 659,
Oregon Laws 2009, by section 25 of this 2010 Act become operative
May 1, 2010. + }
{ +
THIRD-PARTY CLAIMS + }
SECTION 27. Section 13, chapter 659, Oregon Laws 2009, 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, the clerk of
the court shall collect from the third-party plaintiff the same
fees, charges and surcharges that would be required of a
plaintiff filing the same complaint in an original action.
{ + 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 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.
{ +
MULTIPLE PARTIES AND COMPLEX LITIGATION + }
SECTION 28. ORS 21.110 is amended to read:
21.110. { - (1)(a) Except as otherwise provided in this
section, at the time of filing in the circuit court of any civil
action, suit or proceeding, including appeals, the clerk of the
circuit court shall collect from the plaintiff, appellant or
moving party the sum of $117 as the flat and uniform filing fee
for a single party. In addition, at the time of filing any
appearance in any such action, suit or proceeding by any
defendant or respondent appearing separately, or upon the part of
defendants or respondents appearing jointly, the clerk shall
collect from the party or parties the sum of $117 as the flat and
uniform filing fee for a single party. - }
{ - (b) Except as otherwise provided in this section, at the
time of filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $117 for each additional party named in the pleading. In
addition, at the time of filing any appearance in any such
action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of $117 for each additional party named
in the pleading. The Chief Justice by order may provide for
exemptions from the fees established by this paragraph if
exemptions are needed for the equitable imposition of those
fees. - }
{ - (2) In the following actions, the clerk of the circuit
court shall collect the sum of $78 as a flat and uniform filing
fee from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $78 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action: - }
{ - (a) Actions for the recovery of money or damages only
when the amount claimed does not exceed $10,000. - }
{ - (b) Actions for the recovery of specific personal
property when the value of the property claimed and the damages
for the detention do not exceed $10,000. - }
{ - (c) Actions for the recovery of any penalty or
forfeiture, whether given by statute or arising out of contract,
not exceeding $10,000. - }
{ - (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000. - }
{ - (e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value of the
property involved does not exceed $10,000. - }
{ - (f) Actions for injunctive relief under ORS chapter 90
when the amount of any damages claimed does not exceed
$10,000. - }
{ - (3) In any action for the recovery of money or damages,
the clerk of the circuit court shall collect the following sums
from the plaintiff at the time the action is filed, and shall
collect the following sums from any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, at the time of filing any
appearance in the action: - }
{ - (a) If the amount claimed is $50,000 or more, and less
than $150,000, the clerk of the circuit court shall collect a fee
of $225. - }
{ - (b) If the amount claimed is $150,000 or more, and less
than $500,000, the clerk of the circuit court shall collect a fee
of $275. - }
{ - (c) If the amount claimed is $500,000 or more, and less
than $1 million, the clerk of the circuit court shall collect a
fee of $325. - }
{ - (d) If the amount claimed is $1 million or more, the
clerk of the circuit court shall collect a fee of $375. - }
{ + (1) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect a fee of
$78 from the party filing the pleading or motion if the amount
claimed or in controversy does not exceed $10,000, without regard
to the number of parties named in the pleading or motion. The
clerk shall collect the same fee for each answer or other first
appearance filed in the action or proceeding.
(2)(a) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect the
following fees:
(A) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $117 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(B) If the amount claimed or in controversy is $50,000 or more,
and less than $150,000, the clerk of the circuit court shall
collect a fee of $225 for each named plaintiff, appellant or
moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $225 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(C) If the amount claimed or in controversy is $150,000 or
more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $275 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(D) If the amount claimed or in controversy is $500,000 or
more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $325 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(E) If the amount claimed or in controversy is $1 million or
more, the clerk of the circuit court shall collect a fee of $375
for each named plaintiff, appellant or moving party. In addition,
if more than one defendant or respondent is named the clerk shall
collect a fee of $375 apiece for the second, third and subsequent
defendants or respondents named in the pleading.
(b) If at any time a plaintiff, appellant or moving party files
an amended pleading that names one or more additional parties to
a proceeding subject to a fee under paragraph (a) of this
subsection, the clerk of the circuit court shall collect an
additional fee that is equal to the difference between the fee
that was paid and the fee that would have been collected under
paragraph (a) of this subsection if the party or parties had been
named in the original pleading.
(3) Except as otherwise provided by law, at the time of filing
in the circuit court of an answer or other first appearance in a
proceeding subject to a fee under subsection (2) of this section,
the clerk shall collect the following fees:
(a) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $117 for each of those defendants or
respondents.
(b) If the amount claimed or in controversy is $50,000 or more,
and less than $150,000, the clerk of the circuit court shall
collect a fee of $225. If a first appearance is filed jointly for
more than one defendant or respondent, the clerk shall collect a
fee of $225 for each of those defendants or respondents.
(c) If the amount claimed or in controversy is $150,000 or
more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $275 for each of those defendants or
respondents.
(d) If the amount claimed or in controversy is $500,000 or
more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $325 for each of those defendants or
respondents.
(e) If the amount claimed or in controversy is $1 million or
more, the clerk of the circuit court shall collect a fee of $375.
If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $375
for each of those defendants or respondents.
(4) The Chief Justice of the Supreme Court by order may provide
for exemptions from the fees established under subsections (2)
and (3) of this section if exemptions are needed for the
equitable imposition of those fees. + }
{ - (4) - } { + (5) + } The clerk of the court shall
collect the sum of $300 as a flat and uniform filing fee from the
petitioner in a proceeding under ORS 181.823 or 181.826, at the
time the petition is filed. Fees collected under this subsection
shall be deposited into the Judicial Department Operating Account
established in ORS 1.009.
{ + (6)(a) Except as otherwise provided by law, at the time
of filing in the circuit court of a complaint or other pleading
or motion for the purpose of commencing an action or other civil
proceeding, including an appeal, that is not subject to a fee
under subsections (1) to (5) of this 2010 Act, the clerk of the
circuit court shall collect a fee of $117 for each named
plaintiff, appellant or moving party. In addition, if more than
one defendant or respondent is named the clerk shall collect a
fee of $117 apiece for the second, third and subsequent
defendants or respondents named in the pleading.
(b) At the time of filing in the circuit court of an answer or
other first appearance in a proceeding subject to a fee under
paragraph (a) of this subsection, the clerk shall collect a fee
of $117. If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $117
for each of those defendants or respondents. + }
{ - (5) - } { + (7) + } For purposes of this section, the
amount claimed { - , value of property, damages or any
amount - } { + or + } in controversy does not include any
amount claimed as costs and disbursements or attorney fees as
defined by ORCP 68 A.
{ + (8) For purposes of this section, the amount in
controversy in an action or other proceeding includes:
(a) The value of property claimed in actions for the recovery
of specific personal property, and the damages for the detention
of the property.
(b) Any penalty or forfeiture provided by statute or arising
out of contract.
(c) The amount claimed for a lien on personal property in an
action to enforce or foreclose the lien.
(d) The money, or the value of property, deposited or secured
in an interpleader action. + }
{ - (6) - } { + (9) + } A pleading or other document shall
be filed by the clerk only if the fee required under this section
is paid by the person filing the document, or if a request for a
fee waiver or deferral is granted by the court. No part of any
such filing fee shall be refunded to any party. The uniform fee
shall cover all services to be performed by the court or clerk in
any such action, suit or proceeding, except where additional fees
are specially authorized by law.
{ - (7) - } { + (10) + } Any plaintiff, appellant, moving
party, defendant or respondent that files an action or appearance
that is subject to the filing fees established under
{ - subsection (2) or (3) - } { + subsections (1) to (3) + }
of this section must include in the caption of the pleading a
statement of the amount claimed.
{ - (8) - } { + (11) + } The fees imposed by this section
do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
{ - (9) - } { + (12) + } The fees described in this section
shall not be charged to a district attorney or to the Division of
Child Support of the Department of Justice for the filing of any
case, motion, document, stipulated order, process or other
document relating to the provision of support enforcement
services as described in ORS 25.080.
SECTION 29. ORS 21.110, as amended by section 16, chapter 659,
Oregon Laws 2009, and section 37c, chapter 885, Oregon Laws 2009,
is amended to read:
21.110. { - (1) Except as otherwise provided in this section,
at the time of filing in the circuit court of any civil action,
suit or proceeding, including appeals, the clerk of the circuit
court shall collect from the plaintiff, appellant or moving party
the sum of $107 as a flat and uniform filing fee. In addition, at
the time of filing any appearance in any such action, suit or
proceeding by any defendant or respondent appearing separately,
or upon the part of defendants or respondents appearing jointly,
the clerk shall collect from the party or parties the sum of $107
as a flat and uniform filing fee. - }
{ - (2) In the following actions, the clerk of the circuit
court shall collect the sum of $68 as a flat and uniform filing
fee from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $68 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action: - }
{ - (a) Actions for the recovery of money or damages only
when the amount claimed does not exceed $10,000. - }
{ - (b) Actions for the recovery of specific personal
property when the value of the property claimed and the damages
for the detention do not exceed $10,000. - }
{ - (c) Actions for the recovery of any penalty or
forfeiture, whether given by statute or arising out of contract,
not exceeding $10,000. - }
{ - (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000. - }
{ - (e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value of the
property involved does not exceed $10,000. - }
{ - (f) Actions for injunctive relief under ORS chapter 90
when the amount of any damages claimed does not exceed
$10,000. - }
{ - (3) The clerk of the court shall collect the sum of $300
as a flat and uniform filing fee from the petitioner in a
proceeding under ORS 181.823 or 181.826, at the time the petition
is filed. Fees collected under this subsection shall be
deposited into the Judicial Department Operating Account
established in ORS 1.009. - }
{ - (4) For purposes of this section, the amount claimed,
value of property, damages or any amount in controversy does not
include any amount claimed as costs and disbursements or attorney
fees as defined by ORCP 68 A. - }
{ - (5) A pleading or other document shall be filed by the
clerk only if the fee required under this section is paid by the
person filing the document, or if a request for a fee waiver or
deferral is granted by the court. No part of any such filing fee
shall be refunded to any party. The uniform fee shall cover all
services to be performed by the court or clerk in any such
action, suit or proceeding, except where additional fees are
specially authorized by law. - }
{ - (6) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000.' - }
{ - (7) The fees imposed by this section do not apply to: - }
{ - (a) Protective proceedings under ORS chapter 125; - }
{ - (b) Proceedings for dissolution of marriage, annulment of
marriage or separation; - }
{ - (c) Filiation proceedings under ORS 109.124 to
109.230; - }
{ - (d) Proceedings to determine custody or support of a
child under ORS 109.103; - }
{ - (e) Probate, adoption or change of name proceedings; - }
{ - (f) Proceedings involving dwelling units to which ORS
chapter 90 applies and for which the fee is provided by ORS
105.130; or - }
{ - (g) Any counterclaim, cross-claim or third-party claim
filed by a party who has appeared in the action or
proceeding. - }
{ - (8) The fees described in this section shall not be
charged to a district attorney or to the Division of Child
Support of the Department of Justice for the filing of any case,
motion, document, stipulated order, process or other document
relating to the provision of support enforcement services as
described in ORS 25.080. - }
{ + (1) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect a fee of
$78 from the party filing the pleading or motion if the amount
claimed or in controversy does not exceed $10,000, without regard
to the number of parties named in the pleading or motion. The
clerk shall collect the same fee for each answer or other first
appearance filed in the action or proceeding.
(2)(a) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect the
following fees:
(A) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $117 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(B) If the amount claimed or in controversy is $50,000 or more,
and less than $150,000, the clerk of the circuit court shall
collect a fee of $225 for each named plaintiff, appellant or
moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $225 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(C) If the amount claimed or in controversy is $150,000 or
more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $275 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(D) If the amount claimed or in controversy is $500,000 or
more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $325 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
(E) If the amount claimed or in controversy is $1 million or
more, the clerk of the circuit court shall collect a fee of $375
for each named plaintiff, appellant or moving party. In addition,
if more than one defendant or respondent is named the clerk shall
collect a fee of $375 apiece for the second, third and subsequent
defendants or respondents named in the pleading.
(b) If at any time a plaintiff, appellant or moving party files
an amended pleading that names one or more additional parties to
a proceeding subject to a fee under paragraph (a) of this
subsection, the clerk of the circuit court shall collect an
additional fee that is equal to the difference between the fee
that was paid and the fee that would have been collected under
paragraph (a) of this subsection if the party or parties had been
named in the original pleading.
(3) Except as otherwise provided by law, at the time of filing
in the circuit court of an answer or other first appearance in a
proceeding subject to a fee under subsection (2) of this section,
the clerk shall collect the following fees:
(a) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $117 for each of those defendants or
respondents.
(b) If the amount claimed or in controversy is $50,000 or more,
and less than $150,000, the clerk of the circuit court shall
collect a fee of $225. If a first appearance is filed jointly for
more than one defendant or respondent, the clerk shall collect a
fee of $225 for each of those defendants or respondents.
(c) If the amount claimed or in controversy is $150,000 or
more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $275 for each of those defendants or
respondents.
(d) If the amount claimed or in controversy is $500,000 or
more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $325 for each of those defendants or
respondents.
(e) If the amount claimed or in controversy is $1 million or
more, the clerk of the circuit court shall collect a fee of $375.
If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $375
for each of those defendants or respondents.
(4) The Chief Justice of the Supreme Court by order may provide
for exemptions from the fees established under subsections (2)
and (3) of this section if exemptions are needed for the
equitable imposition of those fees.
(5) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.823 or 181.826, at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in ORS 1.009.
(6)(a) Except as otherwise provided by law, at the time of
filing in the circuit court of a complaint or other pleading or
motion for the purpose of commencing an action or other civil
proceeding, including an appeal, that is not subject to a fee
under subsections (1) to (5) of this 2010 Act, the clerk of the
circuit court shall collect a fee of $117 for each named
plaintiff, appellant or moving party. In addition, if more than
one defendant or respondent is named the clerk shall collect a
fee of $117 apiece for the second, third and subsequent
defendants or respondents named in the pleading.
(b) At the time of filing in the circuit court of an answer or
other first appearance in a proceeding subject to a fee under
paragraph (a) of this subsection, the clerk shall collect a fee
of $117. If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $117
for each of those defendants or respondents.
(7) For purposes of this section, the amount claimed or in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
(8) For purposes of this section, the amount in controversy in
an action or other proceeding includes:
(a) The value of property claimed in actions for the recovery
of specific personal property, and the damages for the detention
of the property.
(b) Any penalty or forfeiture provided by statute or arising
out of contract.
(c) The amount claimed for a lien on personal property in an
action to enforce or foreclose the lien.
(d) The money, or the value of property, deposited or secured
in an interpleader action.
(9) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid by the person
filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
(10) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsections (1) to (3) of this
section must include in the caption of the pleading a statement
of the amount claimed.
(11) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
(12) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080. + }
SECTION 30. { + The amendments to ORS 21.110 by sections 28
and 29 of this 2010 Act become operative May 1, 2010. + }
SECTION 30a. Section 15, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 15. + } (1) The amendments to ORS 21.110 by section
14 { - of this 2009 Act - } { + , 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 of
this 2010 Act apply only to civil actions, suits and proceedings
filed on or after May 1, 2010, and before July 1, 2011. + }
{ - (2) - } { + (3) + } All fees imposed pursuant to the
amendments to ORS 21.110 by section 14 { - of this 2009 Act - }
{ + , chapter 659, Oregon Laws 2009, + } { + and by sections
28 and 29 of this 2010 Act + } shall be deposited in the Judicial
System Surcharge Account.
{ - (3) - } { + (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 { - of this 2009 Act - }
{ + , chapter 659, Oregon Laws 2009, and by sections 28 and 29
of this 2010 Act + }.
SECTION 31. ORS 21.110, as amended by section 16, chapter 659,
Oregon Laws 2009, section 37c, chapter 885, Oregon Laws 2009, and
section 29 of this 2010 Act, is amended to read:
{ - (1) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect a fee of
$78 from the party filing the pleading or motion if the amount
claimed or in controversy does not exceed $10,000, without regard
to the number of parties named in the pleading or motion. The
clerk shall collect the same fee for each answer or other first
appearance filed in the action or proceeding. - }
{ - (2)(a) Except as otherwise provided by law, at the time
of filing of a complaint or other pleading or motion in the
circuit court for the purpose of commencing an action or other
civil proceeding, the clerk of the circuit court shall collect
the following fees: - }
{ - (A) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $117 apiece
for the second, third and subsequent defendants or respondents
named in the pleading. - }
{ - (B) If the amount claimed or in controversy is $50,000 or
more, and less than $150,000, the clerk of the circuit court
shall collect a fee of $225 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $225 apiece
for the second, third and subsequent defendants or respondents
named in the pleading. - }
{ - (C) If the amount claimed or in controversy is $150,000
or more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $275 apiece
for the second, third and subsequent defendants or respondents
named in the pleading. - }
{ - (D) If the amount claimed or in controversy is $500,000
or more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $325 apiece
for the second, third and subsequent defendants or respondents
named in the pleading. - }
{ - (E) If the amount claimed or in controversy is $1 million
or more, the clerk of the circuit court shall collect a fee of
$375 for each named plaintiff, appellant or moving party. In
addition, if more than one defendant or respondent is named the
clerk shall collect a fee of $375 apiece for the second, third
and subsequent defendants or respondents named in the
pleading. - }
{ - (b) If at any time a plaintiff, appellant or moving party
files an amended pleading that names one or more additional
parties to a proceeding subject to a fee under paragraph (a) of
this subsection, the clerk of the circuit court shall collect an
additional fee that is equal to the difference between the fee
that was paid and the fee that would have been collected under
paragraph (a) of this subsection if the party or parties had been
named in the original pleading. - }
{ - (3) Except as otherwise provided by law, at the time of
filing in the circuit court of an answer or other first
appearance in a proceeding subject to a fee under subsection (2)
of this section, the clerk shall collect the following fees: - }
{ - (a) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $117 for each of those defendants or
respondents. - }
{ - (b) If the amount claimed or in controversy is $50,000 or
more, and less than $150,000, the clerk of the circuit court
shall collect a fee of $225. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $225 for each of those defendants or
respondents. - }
{ - (c) If the amount claimed or in controversy is $150,000
or more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $275 for each of those defendants or
respondents. - }
{ - (d) If the amount claimed or in controversy is $500,000
or more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $325 for each of those defendants or
respondents. - }
{ - (e) If the amount claimed or in controversy is $1 million
or more, the clerk of the circuit court shall collect a fee of
$375. If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $375
for each of those defendants or respondents. - }
{ - (4) The Chief Justice of the Supreme Court by order may
provide for exemptions from the fees established under
subsections (2) and (3) of this section if exemptions are needed
for the equitable imposition of those fees. - }
{ - (5) The clerk of the court shall collect the sum of $300
as a flat and uniform filing fee from the petitioner in a
proceeding under ORS 181.823 or 181.826, at the time the petition
is filed. Fees collected under this subsection shall be
deposited into the Judicial Department Operating Account
established in ORS 1.009. - }
{ - (6)(a) Except as otherwise provided by law, at the time
of filing in the circuit court of a complaint or other pleading
or motion for the purpose of commencing an action or other civil
proceeding, including an appeal, that is not subject to a fee
under subsections (1) to (5) of this 2010 Act, the clerk of the
circuit court shall collect a fee of $117 for each named
plaintiff, appellant or moving party. In addition, if more than
one defendant or respondent is named the clerk shall collect a
fee of $117 apiece for the second, third and subsequent
defendants or respondents named in the pleading. - }
{ - (b) At the time of filing in the circuit court of an
answer or other first appearance in a proceeding subject to a fee
under paragraph (a) of this subsection, the clerk shall collect a
fee of $117. If a first appearance is filed jointly for more than
one defendant or respondent, the clerk shall collect a fee of
$117 for each of those defendants or respondents. - }
{ - (7) For purposes of this section, the amount claimed or
in controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A. - }
{ - (8) For purposes of this section, the amount in
controversy in an action or other proceeding includes: - }
{ - (a) The value of property claimed in actions for the
recovery of specific personal property, and the damages for the
detention of the property. - }
{ - (b) Any penalty or forfeiture provided by statute or
arising out of contract. - }
{ - (c) The amount claimed for a lien on personal property in
an action to enforce or foreclose the lien. - }
{ - (d) The money, or the value of property, deposited or
secured in an interpleader action. - }
{ - (9) A pleading or other document shall be filed by the
clerk only if the fee required under this section is paid by the
person filing the document, or if a request for a fee waiver or
deferral is granted by the court. No part of any such filing fee
shall be refunded to any party. The uniform fee shall cover all
services to be performed by the court or clerk in any such
action, suit or proceeding, except where additional fees are
specially authorized by law. - }
{ - (10) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (1) to (3) of this
section must include in the caption of the pleading a statement
of the amount claimed. - }
{ - (11) The fees imposed by this section do not apply
to: - }
{ - (a) Protective proceedings under ORS chapter 125; - }
{ - (b) Proceedings for dissolution of marriage, annulment of
marriage or separation; - }
{ - (c) Filiation proceedings under ORS 109.124 to
109.230; - }
{ - (d) Proceedings to determine custody or support of a
child under ORS 109.103; - }
{ - (e) Probate, adoption or change of name proceedings; - }
{ - (f) Proceedings involving dwelling units to which ORS
chapter 90 applies and for which the fee is provided by ORS
105.130; or - }
{ - (g) Any counterclaim, cross-claim or third-party claim
filed by a party who has appeared in the action or
proceeding. - }
{ - (12) The fees described in this section shall not be
charged to a district attorney or to the Division of Child
Support of the Department of Justice for the filing of any case,
motion, document, stipulated order, process or other document
relating to the provision of support enforcement services as
described in ORS 25.080. - }
{ + (1) Except as otherwise provided in this section, at the
time of filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $107 as a flat and uniform filing fee. In addition, at the
time of filing any appearance in any such action, suit or
proceeding by any defendant or respondent appearing separately,
or upon the part of defendants or respondents appearing jointly,
the clerk shall collect from the party or parties the sum of $107
as a flat and uniform filing fee.
(2) In the following actions, the clerk of the circuit court
shall collect the sum of $68 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $68 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
(3) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.823 or 181.826, at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in ORS 1.009.
(4) For purposes of this section, the amount claimed, value of
property, damages or any amount in controversy does not include
any amount claimed as costs and disbursements or attorney fees as
defined by ORCP 68 A.
(5) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid by the person
filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
(6) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) of this section
must include in the caption of the pleading the following words:
' Claim of not more than $10,000. '
(7) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
(8) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080. + }
SECTION 32. Section 17, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 17. + } The amendments to ORS 21.110 by
{ - section 16 of this 2009 Act - } { + section 31 of this
2010 Act + } become operative July 1, 2011.
SECTION 32a. { + Section 37d, chapter 885, Oregon Laws 2009,
is repealed. + }
SECTION 33. ORS 21.480 is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first document in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) $10.50, for filings in the small claims department of a
circuit court.
(b) $20, upon the filing of a complaint that is subject to the
filing fee established under ORS 105.130 (2). If the defendant
demands a trial, the clerk shall collect a fee of $41 from the
defendant, and an additional fee of $23 from the plaintiff. In no
event shall the plaintiff in an action subject to the filing fee
established under ORS 105.130 be required to pay a total fee of
more than $43 under the provisions of this subsection.
(c) $35, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $32, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (2) - } { +
(1) + }.
(e) $41, for any other filings in a circuit court not
specifically provided for in this subsection, including all
probate proceedings, protective proceedings under ORS chapter
125, adoption proceedings and change of name proceedings.
(3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of $58 from an
appellant or petitioner whenever a filing fee is collected under
ORS 21.010 and a fee of $18 from each respondent whenever an
appearance fee is collected under ORS 21.010.
(4) All fees collected by the clerk under this section shall be
deposited with the State Court Administrator. All fees collected
under this section shall be distributed in the manner provided by
ORS 9.574.
(5) Ten percent of the funds deposited with the State Court
Administrator under this section shall be transferred by the
State Court Administrator on a monthly basis to the State
Department of Agriculture, until such time as the amount
specified under subsection (6) of this section has been
transferred to the State Department of Agriculture for the
biennium. Moneys transferred to the State Department of
Agriculture under this section are continuously appropriated to
the department and may be used by the department only for the
purpose of funding mediation programs established by the
department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the director of the Mark O. Hatfield School
of Government in establishing and operating mediation programs
funded under this subsection.
(6) The amount transferred by the State Court Administrator to
the State Department of Agriculture under subsection (5) of this
section may not exceed $150,000 in any biennium.
SECTION 34. ORS 21.480, as amended by section 33 of this 2010
Act, is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in subsection (2) of this section
to assist in defraying the operating costs of the legal aid
program and to fund mediation programs offered through the State
Department of Agriculture. The fees provided for in subsection
(2) of this section are in addition to all other fees collected
by the clerk of the court and shall be collected by the clerk in
the same manner that other fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first document in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) $10.50, for filings in the small claims department of a
circuit court.
(b) $20, upon the filing of a complaint that is subject to the
filing fee established under ORS 105.130 (2). If the defendant
demands a trial, the clerk shall collect a fee of $41 from the
defendant, and an additional fee of $23 from the plaintiff. In no
event shall the plaintiff in an action subject to the filing fee
established under ORS 105.130 be required to pay a total fee of
more than $43 under the provisions of this subsection.
(c) $35, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $32, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (1) - } { +
(2) + }.
(e) $41, for any other filings in a circuit court not
specifically provided for in this subsection, including all
probate proceedings, protective proceedings under ORS chapter
125, adoption proceedings and change of name proceedings.
(3) In addition to the fees provided for in ORS 21.010, the
State Court Administrator shall collect a fee of $58 from an
appellant or petitioner whenever a filing fee is collected under
ORS 21.010 and a fee of $18 from each respondent whenever an
appearance fee is collected under ORS 21.010.
(4) All fees collected by the clerk under this section shall be
deposited with the State Court Administrator. All fees collected
under this section shall be distributed in the manner provided by
ORS 9.574.
(5) Ten percent of the funds deposited with the State Court
Administrator under this section shall be transferred by the
State Court Administrator on a monthly basis to the State
Department of Agriculture, until such time as the amount
specified under subsection (6) of this section has been
transferred to the State Department of Agriculture for the
biennium. Moneys transferred to the State Department of
Agriculture under this section are continuously appropriated to
the department and may be used by the department only for the
purpose of funding mediation programs established by the
department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the director of the Mark O. Hatfield School
of Government in establishing and operating mediation programs
funded under this subsection.
(6) The amount transferred by the State Court Administrator to
the State Department of Agriculture under subsection (5) of this
section may not exceed $150,000 in any biennium.
SECTION 35. { + The amendments to ORS 21.480 by section 34 of
this 2010 Act become operative July 1, 2011. + }
SECTION 36. ORS 36.170 is amended to read:
36.170. (1) The clerks of the circuit courts shall collect a
dispute resolution surcharge at the time a civil action, suit or
proceeding is filed, including appeals. The surcharge shall be
collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (1) or (3) - } { +
(2) to (6) + }, 21.310 or any other filing fee not specifically
provided for in this section.
(b) $5, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (2) - } { + (1) + }
or 105.130, or if the action is filed in the small claims
department of circuit court and the amount or value claimed
exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department
of circuit court and the amount or value claimed does not exceed
$1,500.
(2) All surcharges collected under this section shall be
deposited by the State Court Administrator into the State
Treasury to the credit of the General Fund.
SECTION 37. ORS 36.170, as amended by section 19, chapter 659,
Oregon Laws 2009, is amended to read:
36.170. (1) The clerks of the circuit courts shall collect a
dispute resolution surcharge at the time a civil action, suit or
proceeding is filed, including appeals. The surcharge shall be
collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (1) - } { + (2) to
(6) + }, 21.310 or any other filing fee not specifically provided
for in this section.
(b) $5, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (2) - } { + (1) + }
or 105.130, or if the action is filed in the small claims
department of circuit court and the amount or value claimed
exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department
of circuit court and the amount or value claimed does not exceed
$1,500.
(2) All surcharges collected under this section shall be
deposited by the State Court Administrator into the State
Treasury to the credit of the General Fund.
SECTION 38. ORS 36.170, as amended by section 19, chapter 659,
Oregon Laws 2009, and section 37 of this 2010 Act, is amended to
read:
36.170. (1) The clerks of the circuit courts shall collect a
dispute resolution surcharge at the time a civil action, suit or
proceeding is filed, including appeals. The surcharge shall be
collected from a plaintiff or petitioner at the time the
proceeding is filed. The surcharge shall be collected from a
defendant or respondent upon making appearance. The amount of the
surcharge shall be:
(a) $6, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (2) to (6) - } { +
(1) + }, 21.310 or any other filing fee not specifically provided
for in this section.
(b) $5, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.110 { - (1) - } { + (2) + }
or 105.130, or if the action is filed in the small claims
department of circuit court and the amount or value claimed
exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the
filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department
of circuit court and the amount or value claimed does not exceed
$1,500.
(2) All surcharges collected under this section shall be
deposited by the State Court Administrator into the State
Treasury to the credit of the General Fund.
SECTION 39. Section 20, chapter 659, Oregon Laws 2009, is
amended to read:
{ + Sec. 20. + } (1) The amendments to ORS 36.170 by section
18 { + , chapter 659, Oregon Laws 2009, + } { - of this 2009
Act - } become operative October 1, 2009.
(2) The amendments to ORS 36.170 by { - section 19 of this
2009 Act - } { + section 38 of this 2010 Act + } become
operative July 1, 2011.
SECTION 40. ORS 36.615 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. 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) - } { + (6) + } for plaintiffs, and persons responding
to the petition must pay the filing fee provided by ORS 21.110
{ - (1) - } { + (6) + } 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 41. ORS 36.615, as amended by section 40 of this 2010
Act, 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. 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
{ - (6) - } { + (1) + } for plaintiffs, and persons responding
to the petition must pay the filing fee provided by ORS 21.110
{ - (6) - } { + (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 42. { + The amendments to ORS 36.615 by section 41 of
this 2010 Act become operative July 1, 2011. + }
SECTION 43. ORS 130.355 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) - } { + (6) + }.
(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 44. ORS 130.355, as amended by section 43 of this 2010
Act, 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 { - (6) - } { + (1) + }.
(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 45. { + The amendments to ORS 130.355 by section 44 of
this 2010 Act become operative July 1, 2011. + }
SECTION 46. ORS 130.400 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) - } { + (6) + } and other fees applicable to civil
actions in circuit court.
SECTION 47. ORS 130.400, as amended by section 46 of this 2010
Act, 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
{ - (6) - } { + (1) + } and other fees applicable to civil
actions in circuit court.
SECTION 48. { + The amendments to ORS 130.400 by section 47 of
this 2010 Act become operative July 1, 2011. + }
SECTION 49. ORS 701.133 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) - }
{ + (6) + } for a plaintiff filing a civil action in circuit
court. 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.
SECTION 50. ORS 701.133, as amended by section 49 of this 2010
Act, 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 { - (6) - }
{ + (1) + } for a plaintiff filing a civil action in circuit
court. 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.
SECTION 51. { + The amendments to ORS 701.133 by section 50 of
this 2010 Act become operative July 1, 2011. + }
{ +
OREGON WIRELESS INTEROPERABILITY NETWORK + }
SECTION 52. { + The duties, functions and powers of the
Department of State Police relating to the Oregon Interoperable
Communication Plan, the State Interoperability Executive Council
and ORS 403.450, 403.455 and 403.460 are imposed upon,
transferred to and vested in the Department of
Transportation. + }
SECTION 53. { + (1) The Superintendent of State Police shall:
(a) Deliver to the Director of Transportation all records and
property within the jurisdiction of the superintendent that
relate to the duties, functions and powers transferred by section
52 of this 2010 Act; and
(b) Transfer to the Department of Transportation those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 52 of this 2010 Act.
(2) The Director of Transportation shall take possession of the
records and property, and shall take charge of the employees and
employ them in the exercise of the duties, functions and powers
transferred by section 52 of this 2010 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(3) The Governor shall resolve any dispute between the
Department of State Police and the Department of Transportation
relating to transfers of records, property and employees under
this section, and the Governor's decision is final. + }
SECTION 54. { + (1) The unexpended balances of amounts
authorized to be expended by the Department of State Police for
the biennium beginning July 1, 2009, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 52 of this
2010 Act are transferred to and are available for expenditure by
the Department of Transportation for the biennium beginning July
1, 2009, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 52 of this
2010 Act.
(2) The unexpended balances of amounts authorized to be
expended by the Department of State Police for a six-year period
beginning July 1, 2007, or July 1, 2009, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 52 of this
2010 Act by acquiring land and by acquiring, planning,
constructing, altering, repairing, furnishing and equipping
buildings and facilities are transferred to and are available for
expenditure by the Department of Transportation for the six-year
period specified for the purpose of administering and enforcing
the duties, functions and powers transferred by section 52 of
this 2010 Act.
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
State Police remain applicable to expenditures by the Department
of Transportation under this section. + }
SECTION 55. { + The transfer of duties, functions and powers
to the Department of Transportation by section 52 of this 2010
Act does not affect any action, proceeding or prosecution
involving or with respect to the duties, functions and powers
begun before and pending at the time of the transfer, except that
the Department of Transportation is substituted for the
Department of State Police in the action, proceeding or
prosecution. + }
SECTION 56. { + (1) Nothing in sections 52 to 58 of this 2010
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 52 of this 2010 Act. The Department of
Transportation may undertake the collection or enforcement of the
liabilities, duties or obligations.
(2) The rights and obligations of the Department of State
Police legally incurred under contracts, leases and business
transactions executed, entered into or begun before the effective
date of this 2010 Act accruing under or with respect to the
duties, functions and powers transferred by section 52 of this
2010 Act are transferred to the Department of Transportation. For
the purpose of succession to these rights and obligations, the
Department of Transportation is a continuation of the Department
of State Police and not a new authority. + }
SECTION 57. { + Notwithstanding the transfer of duties,
functions and powers by section 52 of this 2010 Act, the rules of
the Department of State Police with respect to the duties,
functions or powers that are in effect on the effective date of
this 2010 Act continue in effect until superseded or repealed by
rules of the Department of Transportation. References in the
rules of the Department of State Police to the Department of
State Police or an officer or employee of the Department of State
Police are considered to be references to the Department of
Transportation or an officer or employee of the Department of
Transportation. + }
SECTION 58. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 52 of
this 2010 Act, reference is made to the Department of State
Police, or an officer or employee of the Department of State
Police, whose duties, functions or powers are transferred by
section 52 of this 2010 Act, the reference is considered to be a
reference to the Department of Transportation or an officer or
employee of the Department of Transportation who by sections 52
to 58 of this 2010 Act is charged with carrying out the duties,
functions and powers. + }
SECTION 59. ORS 403.450 is amended to read:
403.450. (1) The State Interoperability Executive Council is
created within the Department of { - State Police - } { +
Transportation + }. The membership of the council shall consist
of:
(a) Two members from the Legislative Assembly, as follows:
(A) The President of the Senate shall appoint one member from
the Senate with an interest in public safety communications
infrastructure; and
(B) The Speaker of the House of Representatives shall appoint
one member from the House of Representatives with an interest in
public safety and wireless communications infrastructure.
(b) The following members appointed by the Governor:
(A) One member from the Department of State Police;
(B) One member from the Office of Emergency Management;
(C) One member from the State Forestry Department;
(D) One member from the Department of Corrections;
(E) One member from the Department of Transportation;
(F) One member from the Oregon Department of Administrative
Services;
(G) One member from the Department of Human Services;
(H) One member from the Oregon Health Authority;
(I) One member from the Oregon Military Department;
(J) One member from the Department of Public Safety Standards
and Training;
(K) One member of an Indian tribe as defined in ORS 97.740 or a
designee of an Indian tribe;
(L) One member from a nonprofit professional organization
devoted to the enhancement of public safety communications
systems; and
(M) One member from the public.
(c) The following members appointed by the Governor with the
concurrence of the President of the Senate and the Speaker of the
House of Representatives:
(A) One member from the Oregon Fire Chiefs' Association;
(B) One member from the Oregon Association Chiefs of Police;
(C) One member from the Oregon State Sheriffs' Association;
(D) One member from the Association of Oregon Counties;
(E) One member from the League of Oregon Cities; and
(F) One member from the Special Districts Association of
Oregon.
(2) Each agency or organization identified in subsection
(1)(b)(A) to (J) and (1)(c) of this section shall recommend a
person from the agency or organization for membership on the
council.
(3) Members of the council are not entitled to compensation,
but in the discretion of the { - Superintendent of State
Police - } { + Director of Transportation + } may be reimbursed
from funds available to the Department of { - State Police - }
{ + Transportation + } for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties in the manner and amount provided in ORS 292.495.
(4) Members of the Legislative Assembly appointed to the
council are nonvoting members and may act in an advisory capacity
only.
SECTION 60. ORS 403.455 is amended to read:
403.455. The State Interoperability Executive Council created
under ORS 403.450 shall:
(1) Work with public safety agencies in the state to develop a
Public Safety Wireless Infrastructure Replacement Plan as
provided under section 2, chapter 825, Oregon Laws 2005.
(2) Develop an Oregon Interoperable Communication Plan. The
goal of the plan shall be to achieve statewide interoperability
within six years of September 2, 2005. In developing the plan,
the council shall:
(a) Recommend strategies to improve wireless interoperability
among state and local public safety agencies;
(b) Develop standards to promote consistent development of
existing and future wireless communications infrastructures;
(c) Identify immediate short-term technological and policy
solutions to tie existing wireless communications infrastructures
together into an interoperable communications system;
(d) Develop long-term technological and policy recommendations
to establish a statewide public safety radio system to improve
emergency response and day-to-day public safety operations; and
(e) Develop recommendations for legislation and for the
development of state and local policies to promote wireless
interoperability in Oregon.
(3) Approve, subject to approval by the { - Superintendent of
State Police - } { + Director of Transportation + },
investments by the State of Oregon in public safety
communications systems.
(4) Coordinate state and local activities related to obtaining
federal grants for support of interoperability.
(5) Develop and provide technical assistance, training and, if
requested, appropriate dispute resolution services to state and
local agencies responsible for implementation of the Oregon
Interoperable Communication Plan.
(6) Report, in the manner required by ORS 192.245, to the
Legislative Assembly on or before February 1 of each odd-numbered
year on the development of the Oregon Interoperable Communication
Plan and the council's other activities.
(7) Adopt rules necessary to carry out its duties and powers.
SECTION 61. ORS 403.460 is amended to read:
403.460. (1) The { - Superintendent of State Police - }
{ + Director of Transportation + } shall advise the State
Interoperability Executive Council on the implementation of the
Oregon Interoperable Communication Plan and coordinate
interoperability among all state agencies.
(2) State agencies that own or operate public safety
communications systems shall coordinate their efforts and
investments to achieve the statewide interoperability goal set by
the council and implement the Oregon Interoperable Communication
Plan approved by the { - superintendent - } { + director + }.
{ +
STATE DEPARTMENT OF AGRICULTURE + }
SECTION 62. { + Notwithstanding ORS 561.144, 561.150 (5) or
634.326, any provision of law limiting the use of fees described
in ORS 561.144 (3) or any other provision of law directing the
use of moneys deposited in the Department of Agriculture Service
Fund, the amount of $443,000 is transferred from the Department
of Agriculture Service Fund to the General Fund for general
governmental purposes. + }
{ +
CONSUMER PROTECTION + }
SECTION 63. { + Notwithstanding ORS 675.597, the amount of
$41,000 is transferred from the State Board of Licensed Social
Workers Account to the General Fund for general governmental
purposes. + }
SECTION 64. { + Notwithstanding ORS 670.335, 673.605 to
673.740 and 673.990, the amount of $430,000 is transferred from
the Board of Tax Practitioners Account established in the General
Fund pursuant to ORS 670.335 to the General Fund for general
governmental purposes. + }
SECTION 65. { + Notwithstanding ORS 678.170, the amount of
$200,000 is transferred from the Oregon State Board of Nursing
Account to the General Fund for general governmental
purposes. + }
SECTION 66. { + Notwithstanding ORS 656.612 and 705.145, the
amount of $500,000 is transferred from the Consumer and Business
Services Fund, from moneys collected pursuant to ORS 656.612, to
the General Fund for general governmental purposes. + }
SECTION 67. { + Notwithstanding ORS 656.614 and 705.145, the
amount of $500,000 is transferred from the Self-Insured Employer
Adjustment Reserve within the Consumer and Business Services Fund
to the General Fund for general governmental purposes. + }
SECTION 68. { + Notwithstanding ORS 756.305 and 756.360, the
amount of $2,000,000 is transferred from the Public Utility
Commission Account to the General Fund for general governmental
purposes. + }
{ +
NATURAL RESOURCES + }
SECTION 69. { + Notwithstanding ORS 830.140, the amount of
$430,000 is transferred from the Boating Safety, Law Enforcement
and Facility Account to the General Fund for general governmental
purposes. + }
SECTION 70. { + Notwithstanding ORS 390.555 and 802.125, the
amount of $2,200,000 is transferred from the All-Terrain Vehicle
Account within the State Parks and Recreation Department Fund to
the General Fund for general governmental purposes. + }
SECTION 71. { + Notwithstanding ORS 469.120 and 469.217, the
amount of $1,000,000 is transferred from the State Department of
Energy Account to the General Fund for general governmental
purposes. + }
{ +
EDUCATION + }
SECTION 72. { + Notwithstanding ORS 327.026 and 327.485, the
amount of $316,000 is transferred from the Education Cash Account
to the General Fund for general governmental purposes. + }
SECTION 73. { + Notwithstanding ORS 345.080 and 345.110, the
amount of $1,000,000 is transferred from the Tuition Protection
Fund to the General Fund for general governmental purposes. + }
SECTION 74. { + Notwithstanding ORS 342.430, the amount of
$346,000 is transferred from the Teacher Standards and Practices
Commission Account to the General Fund for general governmental
purposes. + }
{ +
PUBLIC SAFETY + }
SECTION 75. { + Notwithstanding ORS 180.180, the amount of
$2,973,501 is transferred from the Department of Justice
Operating Account to the General Fund for general governmental
purposes. + }
SECTION 76. { + Notwithstanding ORS 180.095, the amount of
$2,500,000 is transferred from the Department of Justice
Protection and Education Revolving Account to the General Fund
for general governmental purposes. + }
SECTION 77. { + Notwithstanding any other provision of law,
the amount of $500,000 is transferred from the Public Defense
Services Account created under ORS 151.225 from moneys received
under ORS 151.225 (3) to the General Fund for general
governmental purposes. + }
{ +
ECONOMIC DEVELOPMENT + }
SECTION 78. { + Notwithstanding ORS 458.720, the amount of
$750,000 is transferred from the Community Development Incentive
Project Fund from moneys consisting of loan repayments to the
General Fund for general governmental purposes. + }
SECTION 79. { + Notwithstanding ORS 285B.215, the amount of
$1,000,000 is transferred from the Credit Enhancement Fund to the
General Fund for general governmental purposes. + }
SECTION 80. { + Notwithstanding ORS 285B.266, the amount of
$300,000 is transferred from the Strategic Reserve Fund to the
General Fund for general governmental purposes. + }
SECTION 81. { + Notwithstanding ORS 407.585, for the biennium
ending June 30, 2011, moneys in the Veterans' Small Business
Repair Loan Fund established by ORS 407.585 shall be used for
educational benefits for veterans provided under ORS 408.010 to
408.090. + }
{ +
TRANSFERS + }
SECTION 82. { + The transfers, reductions of allocations and
dedications of moneys described in sections 62 to 81, 83 and 84
of this 2010 Act shall be made from moneys maintained, on the
effective date of this 2010 Act, in the funds, accounts and
reserves from which the transfers, reductions and dedications are
made. + }
{ +
LABOR AND INDUSTRIES + }
SECTION 83. { + Notwithstanding ORS 651.185, the amount of
$1,600,000 is transferred from the Prevailing Wage Education and
Enforcement Account to the General Fund for general governmental
purposes. + }
{ +
DEPARTMENT OF REVENUE + }
SECTION 84. { + Notwithstanding section 7, chapter 710, Oregon
Laws 2009, the amount of $31,000,000 is transferred from the Tax
Amnesty Fund to the General Fund for general governmental
purposes. + }
SECTION 85. { + Sections 86 and 87 of this 2010 Act are added
to and made a part of ORS 118.005 to 118.840. + }
SECTION 86. { + An estate for which the amount calculated in
subsection (1) of this section is greater than the amount
calculated in subsection (2) of this section shall be eligible
for a refund of an amount equal to the difference between:
(1) The tax payable under this chapter with the allowance of a
credit as provided in section 2, chapter 28, Oregon Laws 2008;
and
(2) The tax imposed under this chapter against estates taking
into account an exclusion for natural resource property pursuant
to section 68, chapter 843, Oregon Laws 2007. + }
SECTION 87. { + (1) The Department of Revenue shall adopt by
rule procedures for administering section 86 of this 2010 Act,
including application procedures and deadlines.
(2) The department shall make the refunds required under
section 86 of this 2010 Act to eligible estates following the
filing of an application by an executor. The department may
require the filing of an amended return and provision of
additional information by an estate prior to making a refund. + }
SECTION 88. { + Sections 86 and 87 of this 2010 Act apply to
estates of decedents who die on or after January 1, 2007, and
before March 11, 2008. + }
{ +
CAPTIONS AND EMERGENCY CLAUSE + }
SECTION 89. { + The unit captions used in this 2010 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 2010 Act. + }
SECTION 90. { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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