71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2386
 
LC 1302/HB 2386-A4
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2386
 
                    By COMMITTEE ON JUDICIARY
 
                              May 9
 
  On page 59 of the printed A-engrossed bill, delete lines 44 and
45 and insert:
  ' (5) Notwithstanding section 30 of this 2001 Act, a challenge
to a notice of garnishment issued by a state agency must be
delivered in person or by first class mail to the state agency
within the time specified by section 30 (2) of this 2001 Act.
Within 14 days after receiving the challenge, the state agency
must either concede the challenge or give the person making the
challenge opportunity for hearing. If the person making the
challenge requests a hearing, the agency shall immediately refer
the challenge to the Hearing Officer Panel established under
chapter 849, Oregon Laws 1999. The hearing shall be conducted as
soon as possible. Notwithstanding ORS 183.315, the hearing shall
be conducted as a contested case hearing. An issue that was
decided in a previous hearing, or for which the debtor was
previously afforded an opportunity for hearing, may not be
reconsidered.'.
  On page 60, delete lines 1 and 2.
  After line 18, insert:
  '  { +  SECTION 82a. + } Section 82 of this 2001 Act is amended
to read:
  '  { +  Sec. 82. + } (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 challenge
to a notice of garnishment issued by a state agency must be
delivered in person or by first class mail to the state agency
within the time specified by section 30 (2) of this 2001 Act.
Within 14 days after receiving the challenge, the state agency
must either concede the challenge or give the person making the
challenge opportunity for hearing. If the person making the
challenge requests a hearing, the agency shall   { - immediately
refer the challenge to the Hearing Officer Panel established
under chapter 849, Oregon Laws 1999. The hearing shall be
conducted - }  { +  conduct a hearing + } as soon as possible.
Notwithstanding ORS 183.315, the hearing shall be conducted as a
contested case hearing. An issue that was decided in a previous
hearing, or for which the debtor was previously afforded an
opportunity for hearing, may not be reconsidered.
  ' (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 82b. + }  { + The amendments to section 82 of
this 2001 Act by section 82a of this 2001 Act become operative
January 1, 2004. + } ' .
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