71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 339
LC 710/SB 339-3
SENATE AMENDMENTS TO
SENATE BILL 339
By COMMITTEE ON JUDICIARY
February 20
On page 1 of the printed bill, line 3, after '25.240, ' insert
'25.414,' and after '25.620,' insert '25.646,'.
In line 4, after '416.480' delete the rest of the line and
insert ', 432.206 and 461.715.'.
On page 7, after line 1, insert:
' { + SECTION 5. + } ORS 25.414 is amended to read:
' 25.414. (1) The withholder shall withhold from the obligor's
disposable monthly income, other than workers' compensation under
ORS chapter 656 or unemployment compensation under ORS chapter
657, the amount stated in the order to withhold. The entity
issuing the order to withhold shall compute this amount subject
to the following:
' (a) If withholding is for current support only, the amount to
be withheld is the amount specified as current support in the
support order.
' (b) If withholding is for current support and there is an
arrearage, the amount to be withheld is 120 percent of the amount
specified as current support in the support order.
' (c) If withholding is only for arrearage, the amount to be
withheld is one of the following:
' (A) The amount of the last ordered monthly support.
' (B) If there is no last ordered monthly support amount, the
monthly support amount used to calculate the arrearage amount
specified in the order or judgment for arrearage.
' (C) If there is no last ordered monthly support amount and if
there was no monthly support amount, an amount calculated under
the formula established under ORS 25.275. For purposes of this
subparagraph, this calculation shall be based on the obligor's
current monthly gross income or, if the obligor's current monthly
gross income is not known, the Oregon hourly minimum wage
converted to a monthly amount based upon a 40-hour workweek, zero
income for the obligee, and one joint child, regardless of how
many children the parties may actually have. No rebuttals to this
calculation may be allowed.
' (d) Notwithstanding the amount determined to be withheld
under paragraph (c) of this subsection, the obligor must retain
disposable monthly income of at least 160 times the applicable
federal minimum hourly wage prescribed by section 6 (a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future
minimum hourly wages prescribed in that section.
' (2) The amount to be withheld from unemployment compensation
under ORS chapter 657 is calculated as follows:
' (a) If withholding is for a current support order, regardless
of the existence of arrearage, the amount to be withheld is the
lesser of:
' (A) Twenty-five percent of the benefits paid; or
' (B) The current monthly support obligation.
' (b) If withholding is for arrearage only, the amount to be
withheld is the lesser of:
' (A) Fifteen percent of the benefits paid; or
' (B) The amount of the last ordered monthly support.
' (c) No processing fee shall be charged or collected when
withholding from { - employment - } { + unemployment + }
compensation.
' (3) The amount to be withheld from workers' compensation
under ORS chapter 656 is set forth in ORS 656.234.
' (4) Notwithstanding any other provision of this section, when
withholding is from a lump sum payment or benefit, including but
not limited to retroactive workers' compensation benefits, lump
sum retirement plan disbursements or withdrawals, insurance
payments or settlements, severance pay, bonus payments or any
other similar payments or benefits that are not periodic
recurring income, the amount subject to withholding for payment
of a support obligation may not exceed one-fourth of the amount
of the lump sum payment or benefit.
' (5) Notwithstanding any other provision of this section, when
withholding is only for arrearage assigned to this or another
state, the Department of Justice may set a lesser amount to be
withheld if the obligor demonstrates the withholding is
prejudicial to the obligor's ability to provide for a child the
obligor has a duty to support. The Department of Human Services
shall adopt rules to implement this subsection.
' (6) Except as provided in subsection (2) of this section, the
withholder may deduct from the obligor's disposable income a
monthly processing fee not to exceed $5. The processing fee is in
addition to the amount calculated to be withheld for support,
unless the amount to be withheld for support is the maximum
allowed under subsection (8) of this section, in which case the
fee is deducted from the amount withheld as support.
' (7) If there are multiple withholding orders against the same
obligor, the amount to be withheld is the sum of each support
order calculated independently.
' (8) No withholding as calculated under this section,
including the processing fee permitted in subsection (6) of this
section, shall exceed 50 percent of the obligor's net disposable
income. The limit established in this subsection applies whenever
withholding is implemented under this section, whether by a
single order or by multiple orders against the same obligor.
' (9) When the obligor's income is not sufficient for the
withholder to fully comply with each withholding order, the
withholder shall withhold the maximum amount allowed under this
section. If all withholding orders for a particular obligor are
payable to or through the Department of Justice, the withholder
shall pay to the Department of Justice the income withheld and
the Department of Justice shall determine priorities for
allocating income withheld to multiple child support cases
relative to that obligor. If one or more of the withholding
orders for a particular obligor require payment other than to or
through the Department of Justice, the withholder shall use the
following to determine priorities for withholding and allocating
income withheld to multiple child support cases:
' (a) If the amount withheld from the obligor's income is
sufficient to pay the current support due to each case but is not
enough to fully comply with the withholding order for each case
where past due support is owed, the withholder shall:
' (A) Pay to each case the amount of support due for the
current month; and
' (B) Pay the remainder of the amount withheld in equal amounts
to each case where arrearages are owed. However, no case shall
receive more than the total amount of current support and past
due support owed to that case at the time the payment is made.
' (b) If the amount withheld is not sufficient to pay the
current support due to each case, each case shall be paid a
proportionate share of the amount withheld. The withholder shall
determine this for each case by dividing the monthly amount
ordered as current support for that case by the combined monthly
amount ordered as current support for all cases relative to the
same obligor, and multiplying this percentage by the total amount
withheld.
' (10) An order to withhold income is not subject to the
limitations of ORS 23.185.
' (11) A withholder shall withhold funds as directed in the
order to withhold, except that when a withholder receives an
income-withholding order issued by another state, the withholder
shall apply the income-withholding law of the state of the
obligor's principal place of employment in determining:
' (a) The withholder's fee for processing an income-withholding
order;
' (b) The maximum amount permitted to be withheld from the
obligor's income;
' (c) The time periods within which the withholder must
implement the income-withholding order and forward the child
support payment;
' (d) The priorities for withholding and allocating income
withheld for multiple child support obligees; and
' (e) Any withholding terms or conditions not specified in the
order.'.
In line 2, delete '5' and insert '6'.
After line 39, insert:
' { + SECTION 7. + } ORS 25.646 is amended to read:
' 25.646. (1) Upon request of the Department of { - Human
Services - } { + Justice + } and the receipt of the
certification required under subsection (2) of this section, a
financial institution shall provide financial records of a
customer.
' (2) In requesting information under subsection (1) of this
section, the department shall provide the name and Social
Security number of the person whose financial records are sought
and shall state with reasonable specificity the financial records
requested. The department shall certify to the financial
institution in writing, signed by an agent of the department:
' (a) That the person whose financial records are sought is a
party to a proceeding to establish, modify or enforce the child
support obligation of the person; and
' (b) That the department has authorization from the person for
release of the financial records, has given the person written
notice of its request for financial records or will give the
notice within five days after the financial institution responds
to the request.
' (3) The department shall reimburse a financial institution
supplying financial records under this section for actual costs
incurred.
' (4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies
financial records to the department under this section is not
liable to any person for any loss, damage or injury arising out
of or in any way pertaining to the disclosure of the financial
records.
' (5) A financial institution that is requested to supply
financial records under this section may enter into an agreement
with the department concerning the method by which requests for
financial records and responses from the financial institution
shall be made.
' (6) The department shall provide a reasonable time to the
financial institution for responding to a request for financial
records.
' (7) The department shall seek financial records under this
section only:
' (a) With respect to a person who is a party to a proceeding
to establish, modify or enforce the child support obligation of
the person; or
' (b) According to the provisions of ORS 25.083.'.
In line 40, delete '6' and insert '8'.
On page 8, line 30, delete '7' and insert '9'.
On page 9, line 10, delete '8' and insert '10'.
On page 10, line 9, delete '9' and insert '11'.
In line 24, delete '10' and insert '12'.
In line 43, delete '11' and insert '13'.
On page 11, line 2, delete '12' and insert '14'.
In line 32, delete '13' and insert '15'.
In line 39, delete '14' and insert '16'.
On page 13, after line 7, insert:
' { + SECTION 17. + } ORS 461.715 is amended to read:
' 461.715. (1) The Oregon State Lottery Commission, by rule,
shall develop procedures whereby { - a lottery prize in excess
of $600 that is won by a person who is in arrears in a court
ordered child support obligation shall not be paid out to the
person but shall be held for a minimum of 30 days in order to
allow support enforcement entities to institute garnishment
proceedings. The rules shall provide that - } :
' (a) { - Upon presentation of a ticket or share for payment
of a prize in excess of $600, - } { + Before paying any portion
of a lottery prize in excess of $600, the lottery commission
shall check + } the name and social security number of the
{ - ticket or share holder shall be checked - } { + person
entitled to payment + } against a computer database containing
the names and social security numbers of obligors who are
delinquent in paying child support obligations.
' (b) When the { - ticket or share holder - }
{ + person + } is listed in the database, the lottery commission
shall:
' (A) Place a 30-day hold on { - the prize - } { + any
payment to the person + };
' (B) Inform the { - ticket or share holder - }
{ + person + } of the hold; and
' (C) Notify the { - Adult and Family Services Division of
the Department of Human Services - } { + Division of Child
Support of the Department of Justice + } that a delinquent
obligor has won a lottery prize { + or is entitled to payment on
a lottery prize + }.
' (c) If a garnishment proceeding is initiated within the
30-day hold period, the lottery commission shall continue to hold
{ - the prize - } { + any payment to the person + } pending
disposition of the proceeding.
' (d) If a garnishment proceeding is not initiated within the
30-day hold period, the { - prize shall be paid to the ticket
or share holder - } { + lottery commission shall make payment
on the prize to the person + }at the end of the 30-day hold
period { + or when the Division of Child Support of the
Department of Justice notifies the lottery commission that a
garnishment proceeding will not be initiated, whichever is
sooner + }.
' (2) The lottery commission shall establish { - a computer
link with the Adult and Family Services Division computer
database that contains the names of - } { + and operate a data
match system using automated data exchanges with the Division of
Child Support of the Department of Justice that identifies
+ }delinquent child support obligors. { - The only - }
{ + Any + } information { + necessary to identify delinquent
obligors and hold a payment on a prize shall be + } available to
the lottery commission through the { - computer link shall be
whether the name and social security number of a lottery prize
winner are on the delinquent child support obligor database - }
{ + data match system + }.
' (3) The Division of Child Support of the Department of
Justice { - and - } { + , + } the Adult and Family Services
Division of the Department of Human Services { - shall
assist - } { + and + } the Oregon State Lottery Commission
{ - in developing - } { + shall enter into agreements
regarding + } the procedures required by subsections (1) and (2)
of this section.'.
In line 8, delete '15' and insert '18'.
In line 27, delete '16' and insert '19'.
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