Bill Text: OR HB3525 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to courthouse capital improvements; appropriating money; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2011-08-02 - Chapter 689, (2011 Laws): Effective date August 2, 2011. [HB3525 Detail]

Download: Oregon-2011-HB3525-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3204

                         House Bill 3525

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that 10 percent of amount awarded as punitive damages
under verdict in civil action is payable to Attorney General for
deposit in Courthouse Capital Improvement Trust Fund.
  Establishes Courthouse Capital Improvement Trust Fund.
Appropriates moneys in the account to Oregon Department of
Administrative Services, and limit uses of those moneys to
payment of costs of capital improvements to county courthouses.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to courthouse capital improvements; creating new
  provisions; amending ORS 31.735; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.735 is amended to read:
  31.735. (1) Upon the entry of a verdict including an award of
punitive damages, the Department of Justice   { - shall become a
judgment creditor as to the punitive damages portion of the award
to which the Criminal Injuries Compensation Account is entitled
pursuant to paragraph (b) of this subsection - }  { +  becomes a
judgment creditor as to the amounts payable under paragraphs (b)
and (c) of this section + }, and the punitive damage portion of
an award shall be allocated as follows:
  (a)   { - Forty - }  { +  Thirty + } percent   { - shall be
paid - }  { +  is payable + } to the prevailing party. The
attorney for the prevailing party shall be paid out of the amount
allocated under this paragraph, in the amount agreed upon between
the attorney and the prevailing party.  However, in no event may
more than 20 { +   + }percent of the amount awarded as punitive
damages be paid to the attorney for the prevailing party.
  (b) Sixty percent   { - shall be paid to - }  { +  is payable
to the Attorney General for deposit in + } the Criminal Injuries
Compensation Account of the Department of Justice Crime Victims'
Assistance Section   { - to - }  { + , and may + } be used
 { + only + } for the purposes set forth in ORS chapter 147.
However, if the prevailing party is a public entity, the amount
otherwise payable to the Criminal Injuries Compensation Account
shall be paid to the general fund of the public entity.
   { +  (c) Ten percent is payable to the Attorney General for
deposit in the Courthouse Capital Improvement Trust Fund, and may

be used only for the purposes specified in section 2 of this 2011
Act. + }
  (2) The party preparing the proposed judgment shall assure that
the judgment identifies the judgment creditors specified in
subsection (1) of this section.
  (3) Upon the entry of a verdict including an award of punitive
damages, the prevailing party shall provide notice of the verdict
to the Department of Justice. In addition, upon entry of a
judgment based on a verdict that includes an award of punitive
damages, the prevailing party shall provide notice of the
judgment to the Department of Justice. The notices required under
this subsection must be in writing and must be delivered to the
Department of Justice Crime Victims' Assistance Section in Salem,
Oregon within five days after the entry of the verdict or
judgment.
  (4) Whenever a judgment includes both compensatory and punitive
damages, any payment on the judgment by or on behalf of any
defendant, whether voluntary or by execution or otherwise, shall
be applied first to compensatory damages, costs and court-awarded
attorney fees awarded against that defendant and then to punitive
damages awarded against that defendant unless all affected
parties, including the Department of Justice, expressly agree
otherwise, or unless that application is contrary to the express
terms of the judgment.
  (5) Whenever any judgment creditor of a judgment which includes
punitive damages governed by this section receives any payment on
the judgment by or on behalf of any defendant, the judgment
creditor receiving the payment shall notify the attorney for the
other judgment creditors and all sums collected shall be applied
as required by subsections (1) and (4) of this section, unless
all affected parties, including the Department of Justice,
expressly agree otherwise, or unless that application is contrary
to the express terms of the judgment.
  SECTION 2.  { + (1) The Courthouse Capital Improvement Trust
Fund is established separate and distinct from the General Fund.
The Courthouse Capital Improvement Trust Fund consists of moneys
deposited to the credit of the fund under ORS 31.735. Interest
earned by the fund shall be credited to the fund. Moneys in the
fund are continuously appropriated to the Oregon Department of
Administrative Services, and may be used only for the purpose of
paying for the costs of capital improvements to county
courthouses under the plan developed by the Chief Justice of the
Supreme Court under subsection (2) of this section.
  (2) The Chief Justice of the Supreme Court shall develop a plan
for capital improvements to county courthouses. The plan shall
prioritize the need for capital improvements in the counties and
establish budgets for capital improvement projects. The Chief
Justice may revise the plan at any time. Amounts deposited in the
Courthouse Capital Improvement Trust Fund may be expended only
pursuant to the provisions of the plan. + }
  SECTION 3.  { + The amendments to ORS 31.735 by section 1 of
this 2011 Act apply only to verdicts entered on or after the
effective date of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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