71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 337
 
LC 711/SB 337-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 337
 
                    By COMMITTEE ON JUDICIARY
 
                           February 20
 
  On page 1 of the printed bill, line 3, after 'ORS' insert '
18.405,' and after '107.431' insert ', 108.110'.
  After line 4, insert:
  '  { +  SECTION 1. + } ORS 18.405 is amended to read:
  ' 18.405. At least five days prior to any application to the
circuit court for an order fully or partially satisfying a
support judgment, if   { - aid, as defined in ORS 418.035 (2), is
or has been granted to or on behalf of any person who is entitled
to support pursuant to the support order - }  { +  child support
rights, as defined in ORS 25.010, have been assigned to the
state + }, then a true copy of all papers to be submitted as part
of such application shall be served by personal delivery or
first-class mail on the Administrator of the Division of Child
Support  { + of the Department of Justice + } or on the branch
office   { - of the division which provides service - }
 { + providing support services + } to the county in which the
application will be made.'.
  In line 5, delete '1' and insert '2'.
  After line 11, insert:
  ' (2) 'Child support rights' means the right to establish or
enforce an obligation imposed or imposable by law to provide
support, including but not limited to medical support and an
unsatisfied obligation to provide support.'.
  In line 12, delete '(2)' and insert '(3)'.
  In line 13, delete '(3)' and insert '(4)'.
  In line 16, delete '(4)' and insert '(5)'.
  In line 18, delete '(5)' and insert '(6)'.
  On page 2, line 1, delete '(6)' and insert '(7)'.
  In line 4, delete '(7)' and insert '(8)'.
  In line 7, delete '(8)' and insert '(9)'.
  Delete lines 9 through 11.
  In line 14, delete '2' and insert '3'.
  In line 17, before 'support' insert 'child'.
  In line 22, delete '3' and insert '4'.
  On page 4, line 37, before 'support' insert 'child'.
  On page 5, line 8, delete '4' and insert '5'.
  In line 19, before 'support' insert 'child'.
  In line 29, before 'support' insert 'child'.
  In line 35, delete '5' and insert '6'.
  On page 6, line 24, before 'support' insert 'child'.
  After line 28, insert:
  '  { +  SECTION 7. + } ORS 108.110 is amended to read:
  ' 108.110. (1) Any married person or state agency which is
providing public assistance, as defined by ORS 411.010 or care,
support or services as provided in ORS 418.015, to that married
person, or on behalf of minor children may apply to the circuit
court of the county in which the married person resides or in
which the spouse may be found for an order upon the spouse to
provide for support of the married person or for the support of
minor children and children attending school, or both, and, if
the married person initiating the action for support is a woman
who is pregnant, her unborn child, or both, if her spouse is the
natural father of such children, children attending school or
unborn child or if her spouse be the adoptive father of such
children or children attending school. The married person
initiating the action for support or state agency may apply for
the order by filing in such county a petition setting forth the
facts and circumstances upon which the married person relies for
such order.  If satisfied that a just cause exists, the court
shall direct that the married person's spouse appear at a time
set by the court to show cause why an order of support should not
be entered in the matter. If it appears to the satisfaction of
the court that the married person initiating the action for
support is without funds to employ counsel and is otherwise
unable to obtain counsel, the court may make an order directing
the district attorney or, if appropriate, the Division of Child
Support of the Department of Justice to prepare such petition and
order to show cause. The provisions of ORS 107.108 apply to an
order entered under this section for the support of a child
attending school.
  ' (2) As used in this section, 'child attending school' has the
meaning given that term in ORS 107.108.
  ' (3) In the event the petition referred to in subsection (1)
of this section has been filed by a state agency, the order of
support shall constitute a judgment in favor of that state agency
and against the obligor.
  ' (4) The provisions of this section apply equally to cases
where it is the husband making application for a support order.
  ' (5) In any proceeding under this section, the obligee, as
that person is defined in ORS 25.010   { - (6) - } , is a party
to the proceeding and the Department of Justice or the district
attorney, whichever is appropriate, shall notify the obligee by
regular mail of the proceeding, whether or not support is
assigned to the state.'.
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