71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to SB 171
 
LC 205-1/SB 171-6
 
                       HOUSE AMENDMENTS TO
                         SENATE BILL 171
 
                    By COMMITTEE ON JUDICIARY
 
                            March 19
 
  On page 15 of the printed bill, delete lines 3 and 4 and
insert:
  ' (m) An assignment, in a consumer transaction, of a deposit
account from which, under the terms of the account agreement,
third party payments may be made by means of a check, draft,
negotiable order of withdrawal or other order, but sections 35
and 42 of this 2001 Act apply with respect to proceeds and
priorities in proceeds.'.
  On page 47, delete lines 27 through 31 and insert:
  ' (9) Inapplicability. (a) This section does not apply to the
assignment of a health-care-insurance receivable.
  ' (b) Subsections (4) and (6) of this section do not apply to
the following:
  ' (A) The assignment or transfer of, or the creation of a
security interest in, a claim or right to receive compensation
for injuries or sickness as described in 26 U.S.C. 104(a)(1) or
(2);
  ' (B) The assignment or transfer of, or the creation of a
security interest in, a claim or right to receive benefits under
a special needs trust as described in 42 U.S.C. 1396p(d)(4); or
  ' (C) The assignment or transfer of, or the creation,
attachment, perfection or enforcement of a security interest in,
the benefits, rights, privileges or options accruing under an
annuity policy, to the extent that the annuity policy provides
for such a restriction and the restriction is permitted under ORS
743.049.
  ' (c) Subsection (6) of this section does not apply to the
assignment or transfer of, or the creation, attachment,
perfection or enforcement of a security interest in, a right when
the transfer of the right is prohibited or restricted by ORS
147.325, 461.250 (7) or 656.234, to the extent that ORS 147.325,
461.250 (7) or 656.234 is inconsistent with subsection (6) of
this section.'.
  On page 49, delete lines 24 through 27 and insert:
  ' (5) Inapplicability. (a) Subsections (1) and (3) of this
section do not apply to the following:
  ' (A) The assignment or transfer of, or the creation of a
security interest in, a claim or right to receive compensation
for injuries or sickness as described in 26 U.S.C. 104(a)(1) or
(2);
  ' (B) The assignment or transfer of, or the creation of a
security interest in, a claim or right to receive benefits under
a special needs trust as described in 42 U.S.C. 1396p(d)(4); or
  ' (C) The assignment or transfer of, or the creation,
attachment, perfection or enforcement of a security interest in,
the benefits, rights, privileges or options accruing under an
annuity policy, to the extent that the annuity policy provides
for such a restriction and the restriction is permitted under ORS
743.049.
 
  ' (b) Subsection (3) of this section does not apply to the
assignment or transfer of, or the creation, attachment,
perfection or enforcement of a security interest in, a right when
the transfer of the right is prohibited or restricted by ORS
147.325, 461.250 (7) or 656.234, to the extent that ORS 147.325,
461.250 (7) or 656.234 is inconsistent with subsection (3) of
this section.'.
  On page 57, line 20, delete '(1)'.
  In line 22, delete 'filed before the effective date of this
2001 Act'.
  In line 26, delete '(a)' and insert '(1)'.
  In line 28, delete '(b)' and insert '(2)'.
  In line 29, delete '(c)' and insert '(3)'.
  Delete lines 32 through 34.
  On page 78, line 7, delete 'and'.
  In line 10, delete the period and insert '; and'.
  After line 10, insert:
  ' (c) The court may award reasonable attorney fees to the
prevailing party in an action under this subsection.'.
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