71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2386
LC 1302/HB 2386-2
HOUSE AMENDMENTS TO
HOUSE BILL 2386
By COMMITTEE ON JUDICIARY
March 15
On page 1 of the printed bill, delete line 19 and insert:
' (5) 'Financial institution' means a financial institution or
trust company as those terms are defined in ORS 706.008.'.
On page 2, line 24, after 'orders' insert 'or warrants'.
In line 36, after 'order' insert 'or warrant'.
In line 37, after 'order' insert 'or warrant'.
On page 3, delete lines 3 and 4 and insert:
' (d) The date on which judgment was entered against the debtor
or the debt otherwise became subject to garnishment under section
3 of this 2001 Act.'.
In line 20, before 'A' insert '(1)'.
After line 23, insert:
' (2) If the clerk of the court is issuing a writ of
garnishment, the date of issuance for the writ is the date the
clerk stamps and signs the writ. If the writ is issued by any
other person, the date of issuance for the writ is the date on
which the issuer signs the certification described in section 4
(4) of this 2001 Act.'.
In line 33, after 'order' insert 'or warrant'.
In line 34, after 'order' insert 'or warrant'.
In line 35, after 'order' insert 'or warrant'.
On page 6, line 16, after 'order' insert 'or warrant'.
Delete lines 42 and 43 and insert:
' (b) A determination by the clerk, based on a review of the
register of the court, that a satisfaction of judgment has been
filed with the court.'.
On page 7, line 9, after 'as' delete the rest of the line and
insert 'otherwise specifically provided in sections 1 to 65 of
this 2001 Act,'.
On page 8, line 26, after 'leaving' delete the rest of the line
and insert 'all of the items required by section 16 (1) of this
2001 Act'.
In line 27, delete 'writ'.
In line 29, delete 'a true copy of the writ' and insert ' all
of the items required by section 16 (1) of this 2001 Act'.
On page 9, line 32, delete 'A copy' and insert 'The original'.
On page 10, line 42, after 'Act' insert ', but no payment of
money or delivery of property need be made by the personal
representative until such time as specified in this section'.
On page 18, line 21, delete '58c' and insert '69b'.
On page 19, delete lines 40 through 42 and insert:
' (2) The provisions of sections 45 to 49 of this 2001 Act
apply to:'.
In line 45, delete the period and insert a semicolon.
On page 20, line 1, delete the period and insert a semicolon.
In line 3, delete the period and insert 'before the delivery of
the writ; and'.
Delete lines 4 through 8 and insert:
' (d) Any other garnishable property that is not payable in
money.
' (3) The property described in subsection (2)(a) to (c) of
this section must be delivered by the garnishee to the purchaser
in the manner provided by section 48 (3) of this 2001 Act if the
interest of the debtor in the property is sold by the sheriff
under section 48 of this 2001 Act. Subject to the provisions of
section 47 of this 2001 Act, the garnishee must deliver to the
sheriff any other garnishable property that is not payable in
money upon receiving notice from the sheriff under section 47 (4)
of this 2001 Act.'.
On page 21, delete lines 3 through 7 and insert:
' (a) Hold all property described in section 45 (2)(a) to (c)
of this 2001 Act until the garnishee receives further
instructions with respect to disposition of the property; and
' (b) Deliver all property described in section 45 (2)(d) of
this 2001 Act to the sheriff, unless the sheriff has agreed with
the garnishee that the property should continue to be held by the
garnishee pending sale.'.
On page 23, line 44, delete '58a' and insert '81'.
On page 24, line 6, delete '58a' and insert '81'.
In line 18, delete '58a' and insert '81'.
In line 26, delete 'writ' and insert 'garnishee response'.
On page 25, line 5, after 'ORDERS' insert 'OR WARRANTS'.
In line 7, after ' orders' insert ' or warrants'.
In line 9, after 'orders' insert 'or warrants'.
In line 20, after 'order' insert 'or warrant'.
In line 26, delete 'seven' and insert '14'.
Delete lines 34 and 35 and insert 'of the court, writs issued
by an attorney for the enforcement of an order recorded under ORS
671.707 or 701.150 or writs issued by the administrator, as
defined in ORS 25.010, under section 15 of this 2001 Act.'.
On page 26, delete lines 26 through 45 and delete pages 27 and
28.
On page 29, delete lines 1 through 12.
Delete lines 41 and 42.
On page 30, after line 25, insert:
' This writ is valid only if it has been delivered to you
within 60 days after the date of issuance. If the clerk of the
court is issuing this writ, the date of issuance is the date the
clerk signs the writ (see 'COURT SEAL' below). If this writ is
issued by any other person, the date of issuance is the date on
which the issuer signs the certification (see 'CERTIFICATION '
below).'.
On page 47, line 29, delete '58c' and insert '69b'.
On page 52, line 25, delete ', 23.185'.
In line 27, after '748.207' insert 'and section 69b (2) to (4)
of this 2001 Act'.
After line 31, insert:
' { + SECTION 69a. + } { + ORS 23.185 is repealed and
section 69b of this 2001 Act is enacted in lieu thereof. + }
' { + SECTION 69b. + } { + (1) Except as provided in this
section, 75 percent of the disposable earnings of an individual
are exempt from execution.
' (2) The disposable earnings of an individual are exempt from
execution to the extent that payment under a garnishment would
result in net disposable earnings for an individual of less than
the following amounts:
' (a) $170 for any period of one week or less;
' (b) $340 for any two-week period;
' (c) $368 for any half-month period;
' (d) $731 for any one-month period; and
' (e) For any other period longer than one week, $170
multiplied by that fraction produced by dividing the number of
days for which the earnings are paid by seven. The amount
calculated under this paragraph must be rounded to the nearest
dollar.
' (3) If an individual is paid for a period shorter than one
week, the exemption calculated under subsection (2) of this
section may not exceed $170 for any one-week period.
' (4) An employer shall deduct from the amount of disposable
earnings determined to be nonexempt under subsections (1) to (3)
of this section any amounts withheld from the individual's
earnings for the same period of time under an order issued
pursuant to ORS 25.378, 110.303 to 110.452, 419B.408 or 419C.600.
The employer shall make payment under a garnishment only of those
amounts remaining after the deduction is made.
' (5) Subsections (1) to (4) of this section do not apply to:
' (a) Any order of a court of bankruptcy.
' (b) Any debt due for federal tax.
' (6) Subsections (2) to (4) of this section do not apply to
any debt due for state tax. Subsection (1) of this section does
not apply to a debt due for state tax if a state agency issues a
special notice of garnishment under section 82 (6) of this 2001
Act.
' (7) A court may not make, execute or enforce any order or
process in violation of this section.
' (8) Any waiver by an individual of the provisions of this
section is void.
' (9) An employer may not discharge any individual because the
individual has had earnings garnished. + } ' .
On page 53, line 22, delete '58a' and insert '81'.
On page 54, line 21, delete '58a' and insert '81'.
On page 55, delete lines 25 and 26.
On page 59, after line 43, insert:
{ +
' NOTICE OF GARNISHMENT + }
' { + SECTION 81. + } { + Notices of garnishment generally.
(1) Any state agency authorized to issue warrants to collect
taxes and debts owed to the State of Oregon, including but not
limited to warrants issued pursuant to ORS 179.655, 267.385,
293.250, 314.430, 316.207, 320.080, 321.570, 323.390, 657.642 and
825.504, or any county tax collector authorized to issue warrants
to collect taxes and debts owed to the county pursuant to ORS
311.625, may garnish property of a debtor in the possession,
control or custody of a person other than the debtor by
delivering to the person all of the following:
' (a) A notice of garnishment;
' (b) A warrant, or a true copy of a warrant;
' (c) The items specified in section 16 (1)(b) to (d) of this
2001 Act; and
' (d) Any garnishee's search fee payable as provided in section
55 of this 2001 Act.
' (2) A notice of garnishment may be issued by any person
designated by the state agency or by the county tax collector. A
warrant need not be recorded in the County Clerk Lien Record as a
condition of issuing a notice of garnishment under the provisions
of this section. The provisions of section 57 of this 2001 Act do
not apply to a notice of garnishment.
' (3) If any of the items described in subsection (1) of this
section are not delivered to the garnishee, a notice of
garnishment shall not be effective to garnish any property of the
debtor, and the garnishee shall not be required to respond to the
garnishment and may proceed to deal with any property of the
debtor as though the notice of garnishment had not been issued.
' (4) Notwithstanding section 17 of this 2001 Act, a notice of
garnishment and the other items required by subsection (1) of
this section may be delivered in person by any employee of the
state agency or of the county tax collector authorized by the
agency or the county to deliver the notice of garnishment, or by
certified mail, return receipt requested. The employee need not
be covered by the errors and omissions insurance required in
section 17 of this 2001 Act.
' (5) Notwithstanding any provision of sections 1 to 65 of this
2001 Act, a debt calculation form need not be prepared or
delivered for any notice of garnishment.
' (6) Notwithstanding section 56 of this 2001 Act, the duty of
a garnishee to deliver any property of the debtor that may be
contained in a safe deposit box that is in the garnishee's
possession, control or custody at the time of delivery of the
notice of garnishment to the garnishee is conditioned upon the
state agency or the county tax collector first paying to the
garnishee, in addition to the search fee provided for in section
55 of this 2001 Act, all reasonable costs incurred by the
garnishee in gaining entry to the safe deposit box. The costs
shall be paid to the garnishee by the state agency or the county
tax collector at least five days before the date the state agency
or the county tax collector takes possession of the property in
the safe deposit box. If the state agency or the county tax
collector fails to pay such costs to the garnishee within 20 days
after the delivery of the garnishee response, the garnishment
shall not be effective to garnish any property of the debtor that
may be contained in the safe deposit box and the garnishee may
proceed to deal with the safe deposit box and its contents as
though the notice of garnishment had not been issued. Nothing in
this subsection limits the rights of a state agency or county tax
collector to reach the contents of any safe deposit box in any
manner otherwise provided by law.
' (7) Except as provided in this section and sections 82 and 83
of this 2001 Act, all provisions of sections 1 to 65 of this 2001
Act apply to notices of garnishment. The state agency or county
tax collector shall modify the forms provided in sections 1 to 65
of this 2001 Act as necessary to allow use of those forms for
notices of garnishment. The form of the notice of garnishment
must clearly indicate that the document is a notice of
garnishment and must reflect the date of all warrants on which
the notice of garnishment is based.
' (8) The Attorney General may adopt model forms for notices of
garnishment issued by state agencies and county tax collectors.
There is a presumption, as described in ORS 40.120, that any
state agency or county tax collector that uses a model form
adopted by the Attorney General under this subsection has
complied with the requirements of sections 1 to 65 of this 2001
Act, and with the provisions of this section and sections 82 and
83 of this 2001 Act, with respect to the form of notices of
garnishment. + }
' { + SECTION 82. + } { + Notices of garnishment issued by
state agencies. (1) Notwithstanding section 4 of this 2001 Act, a
notice of garnishment issued by a state agency need not contain
the name of a court whose authority is invoked.
' (2) State agencies shall make such modifications as are
necessary in the wage exemption calculation form provided by
section 63 of this 2001 Act if a notice of garnishment is issued
for a debt due for a state tax that is subject to the provisions
of section 69b (6) of this 2001 Act.
' (3) Notwithstanding section 10 of this 2001 Act, a notice of
garnishment issued by a state agency acts to garnish all wages
earned by the debtor by reason of services to the garnishee until
the full amount of the debt is paid or until the notice of
garnishment is released by the state agency or by court order. A
notice of garnishment issued by a state agency must contain
language reasonably designed to notify the garnishee of the
provisions of this subsection.
' (4) Notwithstanding section 28 of this 2001 Act, a garnishee
who receives a notice of garnishment issued by a state agency
need not deliver a copy of the garnishee response to the clerk of
the court, but must deliver the original of the response to the
state agency.
' (5) Notwithstanding section 30 of this 2001 Act, a debtor who
wishes to make a challenge to a notice of garnishment issued by a
state agency must deliver the challenge in person or by first
class mail to the state agency within the time specified by
section 30 (2) of this 2001 Act. The state agency shall resolve
the challenge.
' (6) If a state agency is issuing a notice of garnishment for
collection of a state tax, and the state agency has reason to
believe that the debtor intends to leave the state or do any
other act that would jeopardize collection of the tax, the state
agency may issue a special notice of garnishment. Any earnings,
as defined in ORS 23.175, garnished under a special notice of
garnishment are not subject to a claim of exemption under section
69b of this 2001 Act. A special notice of garnishment issued
under this subsection garnishes only that property of the debtor
that is in the garnishee's possession, control or custody at the
time the special notice is delivered, including debts not yet
due, and all wages owed by the garnishee to the debtor at the
time the special notice is delivered. A special notice of
garnishment does not act to garnish wages earned by the debtor by
reason of services rendered to the garnishee after the delivery
of the special notice of garnishment.
' (7) A special notice of garnishment issued under subsection
(6) of this section shall contain a statement indicating that it
is a special notice of garnishment under subsection (6) of this
section and a statement reflecting the provisions of subsection
(6) of this section. Notwithstanding section 81 (1) of this 2001
Act, a wage exemption calculation form shall not be delivered to
the garnishee with a special notice of garnishment. + }
' { + SECTION 83. + } { + Notice of garnishment issued by
county tax collector. (1) A notice of garnishment issued by a
county tax collector must name the circuit court for the county
that employs the tax collector as the court whose authority is
invoked.
' (2) At least 15 days before any county tax collector issues a
notice of garnishment, the tax collector must mail to the debtor
by certified mail, return receipt requested, at the debtor's
last-known address, a notification of all amounts owing to the
county, a statement that further collection enforcement actions
may be taken by the county to collect those amounts, and a
statement that those enforcement actions may include seizing any
real property owned by the debtor, imposing a lien against any
real property owned by the debtor, or garnishing bank accounts,
wages and other property owned by the debtor. Only one such
notification shall be required and any number of garnishments may
be issued after the notification is mailed.
' (3) Notwithstanding section 7 of this 2001 Act, a notice of
garnishment issued by a county tax collector acts to garnish only
that property of the debtor that is in the garnishee's
possession, control or custody at the time the notice is
delivered, including debts not yet due, and all wages owed by the
garnishee to the debtor at the time the notice is delivered. A
notice of garnishment issued by a county tax collector does not
act to garnish wages earned by the debtor by reason of services
rendered to the garnishee after the delivery of the notice of
garnishment.
' (4) Notwithstanding section 28 of this 2001 Act, a garnishee
who receives a notice of garnishment issued by a county tax
collector need not deliver a copy of the garnishee response to
the clerk of the court, but must deliver the original of the
response to the county tax collector.
' (5) Notwithstanding section 30 of this 2001 Act, a debtor who
wishes to make a challenge to a notice of garnishment issued by a
county tax collector must deliver the challenge in person or by
first class mail to the county tax collector within the time
specified by section 30 (2) of this 2001 Act.
' (6) Within 14 days after receipt of a challenge to a
garnishment under subsection (5) of this section, the county tax
collector must either:
' (a) Release all property claimed as exempt from or not
subject to garnishment under the challenge to the garnishment; or
' (b) File with the clerk of the court a response to the
challenge, attaching copies of the notice of garnishment and the
garnishee response, and any supporting documentation necessary or
helpful to the court in making its determination on the challenge
to the garnishment. + } ' .
On page 60, line 1, delete '81' and insert '84'.
In line 8, delete '82' and insert '85' and before ' Sections'
insert '(1)'.
In line 9, delete '80' and insert '69 and 70 to 80'.
In line 10, after 'sections' insert ', other than ORS 29.375,'
and delete '81' and insert '84'.
After line 13, insert:
' (2) Sections 81 to 83 of this 2001 Act and the repeal of ORS
29.375 by section 84 of this 2001 Act apply only to notices of
garnishment issued on or after the effective date of this 2001
Act. Any notice of garnishment issued before the effective date
of this 2001 Act shall continue to be governed by the law in
effect immediately before the effective date of this 2001 Act.
' (3) The repeal of ORS 23.185 by section 69a of this 2001 Act
and the enactment in lieu thereof of section 69b of this 2001 Act
apply only to execution issued on or after the effective date of
this 2001 Act.'.
In line 17, delete '83' and insert '86'.
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