ORS 1.189
Courthouse surcharge accounts

(1)

The county treasurer shall deposit moneys received from surcharges imposed under ORS 1.188 (Surcharge on fines for courthouse) in a courthouse surcharge account maintained by the county treasurer.

(2)

The moneys in the courthouse surcharge account and interest upon the account are reserved for the purposes of:

(a)

Payment of capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge; or

(b)

Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 (Lease or purchase of real estate by public body or council of governments) or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under section 8, chapter 705, Oregon Laws 2013, in the county imposing the surcharge.

(3)

The county treasurer may charge against the courthouse surcharge account an administrative fee for the actual costs associated with maintaining the account. The total administrative fees charged each year may not exceed five percent of the moneys received from surcharges imposed under ORS 1.188 (Surcharge on fines for courthouse) for that year. [2016 c.78 §2]
Note: Sections 8 and 9, chapter 705, Oregon Laws 2013, provide:
Sec. 8. (1) Out of the amount specified in section 1 (6), chapter 705, Oregon Laws 2013, the State Treasurer may issue Article XI-Q bonds in an amount not to exceed $19 million of net proceeds for the purposes specified in subsection (3) of this section, plus an amount estimated by the State Treasurer to pay estimated bond-related costs.

(2)

Intentionally left blank —Ed.

(a)

Bonds may not be issued pursuant to this section or section 10, chapter 685, Oregon Laws 2015, unless:

(A)

The Chief Justice of the Supreme Court has determined that:
(i)
The courthouse with respect to which the bonds will be issued has significant structural defects, including seismic defects, that present actual or potential threats to human health and safety;
(ii)
Replacing the courthouse, whether by acquiring and remodeling or repairing an existing building or by constructing a new building, is more cost-effective than remodeling or repairing the courthouse; and
(iii)
Replacing the courthouse creates an opportunity for colocation of the court with other state offices; and

(B)

The Oregon Department of Administrative Services has approved the project for which the bonds will be issued.

(b)

The Oregon Department of Administrative Services, after consultation with the Judicial Department, shall determine when net proceeds are needed for the purposes described in subsection (3) of this section and shall consult with the Judicial Department regarding the sale of bonds to be issued pursuant to this section.

(3)

The State Treasurer shall deposit the net proceeds of bonds issued pursuant to this section and section 10, chapter 685, Oregon Laws 2015, in the Oregon Courthouse Capital Construction and Improvement Fund. The net proceeds and any interest earnings may be used solely to finance costs related to acquiring, constructing, remodeling, repairing, equipping or furnishing land, improvements, courthouses or portions of courthouses that are, or that upon completion of a project funded under this section will be, owned or operated by the State of Oregon.

(4)

As used in ORS 286A.816 (Definitions for ORS 286A.816 to 286A.826) to 286A.826 (Budgeting for Article XI-Q project costs) with respect to this section:

(a)

“Project agency” means the Judicial Department.

(b)

“Project fund” means the Oregon Courthouse Capital Construction and Improvement Fund. [2013 c.705 §8; 2014 c.121 §6; 2016 c.118 §2]
Sec. 9. (1)(a) Notwithstanding ORS 1.185 (County to provide courtrooms, offices and jury rooms), a county and the state, acting by and through the Oregon Department of Administrative Services on behalf of the Judicial Department, may enter into interim agreements that provide for the funding, acquisition, development and construction of a courthouse and require the parties to negotiate in good faith and execute a long-term lease agreement or a long-term intergovernmental agreement with respect to the ownership or operation of a courthouse or portions of a courthouse that the county is required to provide under ORS 1.185 (County to provide courtrooms, offices and jury rooms), pursuant to which the state agrees to provide the property and services described in ORS 1.185 (County to provide courtrooms, offices and jury rooms) (1)(a).

(b)

Intentionally left blank —Ed.

(A)

An agreement entered into pursuant to this subsection may include a requirement that the county transfer to the Oregon Courthouse Capital Construction and Improvement Fund an amount not less than 50 percent of the total estimated costs of a project funded with bonds issued pursuant to section 8, chapter 705, Oregon Laws 2013, or section 10, chapter 685, Oregon Laws 2015, with respect to the courthouse or portions of a courthouse that are the subject of the agreement.

(B)

The amount transferred by a county pursuant to this paragraph may comprise, singly or in any combination and proportion:
(i)
Property tax revenues, bond proceeds or any other county moneys; and
(ii)
A credit equal to the higher of the appraised value or the actual purchase price of land purchased by the county for the courthouse if the state approves of the land as the site for the courthouse.

(C)

The amount required to be transferred by the county under this subsection may not be less than 75 percent of the total estimated costs unless the project includes colocation in the courthouse of state offices in addition to the state circuit court facilities.

(2)

For purposes of section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, the state shall be considered to operate a courthouse or portions of a courthouse that are the subject of an agreement entered into pursuant to subsection (1) of this section if, as applicable:

(a)

The lease agreement conveys to the state a full leasehold interest, including exclusive rights to control and use the courthouse or portions of the courthouse that are typical of a long-term lease, for a term that is at least equal to the term during which the bonds issued pursuant to section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, will remain outstanding.

(b)

The intergovernmental agreement grants the state the exclusive right to control and use the courthouse or portions of the courthouse for a term that is at least equal to the term during which the bonds issued pursuant to section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, will remain outstanding. [2013 c.705 §9; 2014 c.121 §7; 2016 c.118 §3]
Note: Section 64, chapter 723, Oregon Laws 2013, provides:
Sec. 64. (1) The Oregon Courthouse Capital Construction and Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Oregon Courthouse Capital Construction and Improvement Fund shall be credited to the fund.

(2)

The fund consists of moneys deposited in the fund pursuant to section 8, chapter 705, Oregon Laws 2013, and section 10, chapter 685, Oregon Laws 2015, and moneys transferred to the fund by a county pursuant to section 9 (1)(b), chapter 705, Oregon Laws 2013, and may include fees, revenues and other moneys appropriated by the Legislative Assembly for deposit in the fund.

(3)

Moneys in the fund are continuously appropriated to the Judicial Department for:

(a)

The purposes described in section 8 (3), chapter 705, Oregon Laws 2013;

(b)

Payment of the costs incurred by the department to administer the fund; and

(c)

Payment of bond-related costs, as defined in ORS 286A.816 (Definitions for ORS 286A.816 to 286A.826). [2013 c.723 §64; 2016 c.118 §4]

Source: Section 1.189 — Courthouse surcharge accounts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors001.­html.

1.001
State policy for courts 1.002
Supreme Court 1.003
Chief Justice’s powers to appoint Chief Judge and presiding judges 1.004
Supreme Court rules governing coordination of class actions 1.005
Credit card transactions for fees, security deposits, fines and other court-imposed obligations 1.006
Supreme Court rules 1.007
Judicial Department Revolving Account 1.008
Personnel plan, fiscal plan and property plan 1.009
Judicial Department Operating Account 1.010
Powers of courts in administration of court business and proceedings 1.012
State Court Technology Fund 1.020
Contempt punishment 1.025
Duty of court and court officers to require performance of duties relating to administration of justice 1.030
Seal 1.040
Sittings of court to be public 1.050
Time for decision on submitted questions 1.060
Days for transaction of judicial business 1.070
When court deemed appointed for next judicial day 1.080
Place of holding court 1.085
Chief Justice to designate principal location for sitting of courts 1.090
Trial elsewhere than at usual location on agreement of parties 1.110
Adjournment when judge does not attend 1.120
Proceedings unaffected by vacancy in office 1.130
Power to adjourn proceedings 1.140
Manner of addressing application or proceeding to court or judge 1.150
Proceedings to be in English 1.160
Means to carry jurisdiction into effect 1.171
Powers and duties of presiding judge for judicial district 1.175
Docket priorities 1.176
Capital improvements to county courthouses 1.177
State plan for security, emergency preparedness and business continuity for court facilities 1.178
State Court Facilities and Security Account 1.180
Advisory committees on court security and emergency preparedness 1.182
Court facilities security accounts 1.185
County to provide courtrooms, offices and jury rooms 1.187
State to provide supplies and personal property for courts 1.188
Surcharge on fines for courthouse 1.189
Courthouse surcharge accounts 1.194
Definitions for ORS 1.194 to 1.200 1.195
Reports on liquidated and delinquent accounts of state courts 1.196
Agreement for reciprocal offsets 1.197
Assignment of liquidated and delinquent accounts to collection agencies 1.198
Exemptions from requirements of ORS 1.197 1.199
Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts 1.200
Effect of ORS 1.194 to 1.200 on authority of judge 1.202
Fee for establishing and administering account for judgment that includes monetary obligation 1.210
Judicial officer defined 1.212
Oath of office for judges 1.220
Judicial officer or partner acting as attorney 1.230
Powers of a judge out of court 1.240
Powers of judicial officers 1.250
Punishment for contempt 1.260
Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts 1.270
Powers of other judicial officers 1.290
Leaves of absence 1.300
Senior judge 1.303
Disability of judge 1.305
Commencement of judicial term of office 1.310
Involuntary retirement of judges for disability 1.410
Commission on Judicial Fitness and Disability 1.415
Powers and duties of commission 1.420
Investigation 1.425
Commission proceedings upon receipt of complaint of disability 1.430
Supreme Court review 1.440
Status of records of proceedings under ORS 1.420 or 1.425 1.450
Status of testimony in proceedings under ORS 1.420 or 1.425 1.460
Judge not to participate in proceedings involving self except in defense 1.470
Service of process 1.475
Procedure when process not obeyed 1.480
Officers 1.525
Uniform citation and petition forms for certain offenses 1.550
Private counsel for judges 1.560
Procedure for employment of private counsel 1.570
Claims for compensation of private counsel 1.600
Appointment pro tempore to Supreme Court or Court of Appeals 1.605
Compensation and expenses for judges under ORS 1.600 1.615
Appointment pro tempore to tax court or circuit court 1.625
Compensation and expenses for judges under ORS 1.615 1.635
Appointment pro tempore of eligible person to tax court or circuit court 1.645
Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635 1.655
Extension and termination of appointment under ORS 1.635 1.665
Compensation and expenses of persons appointed under ORS 1.635 1.675
Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge 1.725
Legislative findings 1.730
Council on Court Procedures 1.735
Rules of procedure 1.740
Employment of staff 1.745
Laws on civil pleading, practice and procedure deemed rules of court until changed 1.750
Legislative Counsel to publish rules 1.755
Gifts, grants and donations 1.760
Legislative advisory committee 1.810
Judicial conference 1.820
Function of conference 1.830
Meetings 1.840
Annual report 1.851
Local criminal justice advisory councils 1.855
State Court Administrator to establish registry of justice and municipal courts 1.860
Reports relating to municipal courts and justice courts
Green check means up to date. Up to date

Current through early 2024

§ 1.189’s source at oregon​.gov