71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 339 (A to RC)
 
LC 710/SB 339-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 339
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
                    By COMMITTEE ON JUDICIARY
 
                             May 11
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
and'.
  In line 3, after '25.240,' insert '25.245, 25.287,' and after
'25.414,' insert '25.417,' and after '25.646,' insert ' 25.750,'.
  In line 4, after '416.480,' delete the rest of the line and
insert '419C.597, 432.206, 461.715 and 656.234; and prescribing
an effective date.'.
  In line 7, before '29' insert '25,' and delete ' 25.010'.
  In line 8, delete 'to 25.243 and'.
  On page 2, line 44, delete the second and third commas.
  On page 3, line 25, delete 'hearings' and insert ' hearing'.
  On page 4, delete lines 29 through 45 and delete page 5 and
insert:
  '  { +  SECTION 3. + } ORS 25.020, as amended by section 2 of
this 2001 Act, is amended to read:
  ' 25.020. (1) Support payments for or on behalf of any person,
ordered, registered or filed pursuant to ORS chapter 25, 107,
108, 109, 110, 416, 419B or 419C, unless otherwise authorized by
ORS 25.030, shall be made to the Department of Justice, as the
state disbursement unit:
  ' (a) During periods for which support is assigned pursuant to
ORS 418.032, 418.042, 419B.406 or 419C.597;
  ' (b) As provided by rules adopted pursuant to ORS 409.021 or
under ORS 180.340, when public assistance as defined by ORS
411.010 is provided to a person who receives or has a right to
receive support payments on the person's own behalf or on behalf
of another person;
  ' (c) After the assignment of support terminates for as long as
amounts assigned remain owing;
  ' (d) For any period during which support enforcement services
are provided pursuant to the child support enforcement program
created by Title IV-D of the Social Security Act or pursuant to
ORS 25.080;
  ' (e) When ordered by the court pursuant to ORS 419B.400;
  ' (f) When a support order that is entered or modified on or
after January 1, 1994, includes a provision requiring the obligor
to pay support by income withholding; or
  ' (g) When ordered by the court under any other applicable
provision of law.
  ' (2) The Department of Justice shall disburse payments, after
lawful deduction of fees and in accordance with applicable
statutes and rules, to those persons and entities that are
lawfully entitled to receive such payments.
  ' (3) The Department of Justice may immediately transmit
payments received from any obligor who has not previously
tendered any payment by a check or instrument which was not paid
or was dishonored, to the obligee, without waiting for payment or
clearance of the check or instrument received.
 
  ' (4) The Department of Justice shall notify each obligor and
obligee by mail when support payments shall be made to the
Department of Justice and when the obligation to make payments in
this manner shall cease. The department shall provide information
about a child support account directly to a party to the support
order regardless of whether the party is represented by an
attorney. As used in this subsection, 'information about a child
support account' includes but is not limited to the:
  ' (a) Date of issuance of the support order.
  ' (b) Amount of the support order.
  ' (c) Dates and amounts of payments.
  ' (d) Dates and amounts of disbursements.
  ' (e) Payee of any disbursements.
  ' (f) Amount of any arrearage.
  ' (g) Source of any collection.
  ' (5) Any pleading for the entry or modification of a support
order must contain a statement that payment of support under a
new or modified order will be by income withholding unless an
exception to payment by income withholding is granted under ORS
25.396.
  ' (6)(a) Except as provided in paragraph (d) of this
subsection, a decree or order establishing paternity or including
a provision concerning support shall contain the residence,
mailing or contact address, Social Security number, telephone
number and driver license number of each party and the name,
address and telephone number of all employers of each party.
  ' (b) The decree or order shall also include notice that the
obligor and obligee:
  ' (A) Must inform the court and the administrator in writing of
any change in the information required by this subsection within
10 days after such change; and
  ' (B) May request that the administrator review the amount of
support ordered after two years or at any time upon a substantial
change of circumstances.
  ' (c) The administrator may require of the parties any
additional information that is necessary for the provision of
support enforcement services under ORS 25.080.
  ' (d)(A) Upon a finding, that may be made ex parte, that the
health, safety or liberty of a party or child would unreasonably
be put at risk by the disclosure of information specified in this
subsection or by the disclosure of other information concerning a
child or party to a paternity or support proceeding or if an
existing order so requires, a court or administrator or hearing
officer, when the proceeding is administrative, shall order that
the information not be contained in any document provided to
another party or otherwise disclosed to a party other than the
state.
  ' (B) The Department of Human Services shall adopt rules
providing for similar confidentiality for information described
in subparagraph (A) of this paragraph that is maintained by an
entity providing support enforcement services under ORS 25.080.
  ' (7)(a) Except as otherwise provided in paragraph (b) of this
subsection, in any subsequent child support enforcement action,
the court or administrator, upon a showing of diligent effort
made to locate the obligor or obligee, may deem due process
requirements to be met by mailing notice to the last-known
residential, mailing or employer address or contact address as
provided in ORS 25.085.
  ' (b) Service of an order directing an obligor to appear in a
contempt proceeding is subject to ORS 33.015 to 33.155.
  ' (8) Subject to ORS 25.030, this section, to the extent it
imposes any duty or function upon the Department of Justice,
shall be deemed to supersede any provisions of ORS chapters 107,
108, 109, 416, 419A, 419B and 419C and ORS 110.303 to 110.452
that would otherwise impose the same duties or functions upon the
county clerk or the Department of Human Services.
  ' (9) Except as provided for in subsections (10), (11) and (12)
of this section, credit shall not be given for payments not made
to the Department of Justice as required pursuant to subsection
(1) of this section.
  ' (10) The Department of Justice shall give credit for payments
not made to the Department of Justice when:
  ' (a) Payments are not assigned to this or another state and
the obligee and obligor agree in writing that specific payments
were made and should be credited;
  ' (b) Payments are assigned to the State of Oregon, the obligor
and obligee make sworn written statements that specific payments
were made, canceled checks or other substantial evidence is
presented to corroborate their statements and the obligee has
been given prior written notice of any potential criminal or
civil liability that may attach to an admission of the receipt of
assigned support;
  ' (c) Payments are assigned to another state and that state
verifies that payments not paid to the Department of Justice were
received by the other state; or
  ' (d) As provided by rule adopted pursuant to ORS 409.021 or
under ORS 180.340.
  ' (11) An obligor may apply to the Department of Justice for
credit for payments made other than to the Department of Justice.
If the obligee or other state does not provide the agreement,
sworn statement or verification required by subsection (10) of
this section, credit may be given pursuant to order of a hearing
officer   { - assigned from the Hearing Officer Panel established
under section 3, chapter 849, Oregon Laws 1999, - }  { +  of the
Department of Human Services + } after notice and opportunity to
object and be heard are given to both obligor and obligee. Notice
shall be served upon the obligee as provided by ORS 25.085.
Notice to the obligor may be by regular mail at the address
provided in the application for credit. A hearing conducted under
this subsection is a contested case hearing and ORS 183.413 to
183.470 apply. Any party may seek a hearing de novo in the
circuit court.
  ' (12) Nothing in this section precludes the Department of
Justice from giving credit for payments not made to the
Department of Justice when there has been a judicially determined
credit or satisfaction or when there has been a satisfaction of
support executed by the person to whom support is owed.
  ' (13) The Department of Human Services shall adopt rules that:
  ' (a) Direct how support payments that are made through the
Department of Justice are to be applied and distributed; and
  ' (b) Are consistent with federal regulations.'.
  On page 6, delete lines 1 through 41 and insert:
  '  { +  SECTION 4. + }  { + The amendments to ORS 25.020 by
section 3 of this 2001 Act become operative on January 1,
2004. + } ' .
  In line 42, delete '4' and insert '5'.
  On page 7, after line 5, insert:
  '  { +  SECTION 6. + } ORS 25.245 is amended to read:
  ' 25.245. (1) Notwithstanding any other provision of Oregon
law, a parent who is eligible for and receiving cash payments
  { - made by the Department of Human Services - }  under Title
IV-A of the Social Security Act { + , + }   { - or under - }  the
general assistance  { + program as provided in ORS chapter 411 or
a general assistance program of another state or tribe, + }
 { - or - }   { + the + } Oregon Supplemental   { - Security - }
Income   { - Programs or cash payments made by the Social
Security Administration under - }   { + Program or + } the
 { + federal + } Supplemental Security Income Program shall be
rebuttably presumed unable to pay child support and a child
support obligation does not accrue unless the presumption is
rebutted.
 
  ' (2) Each month, the Department of Human Services shall
identify those persons receiving cash payments under the programs
listed in subsection (1) of this section  { + that are
administered by the State of Oregon + } and provide that
information to the   { - district attorney and the Division of
Child Support of the Department of Justice. - }
 { + administrator. If benefits are received from programs listed
in subsection (1) of this section that are administered by other
states, tribes or federal agencies, the obligor shall provide the
administrator with written documentation of the benefits. The
Department of Human Services shall adopt rules to implement this
subsection.
  ' (3) + }   { - The district attorney and the Division of Child
Support - }   { + The administrator + } shall refer to the
information  { + provided in subsection (2) of this section + }
prior to establishing any child support obligation. Within 30
days following identification of persons under   { - this - }
subsection { +  (2) of this section + }, the entity responsible
for support enforcement services under ORS 25.080 shall provide
notice of the presumption to the obligee and obligor and shall
inform all parties to the support order that, unless a party
objects as provided in subsection   { - (3) - }   { + (4) + } of
this section, child support shall cease accruing beginning with
the support payment due on or after the date the obligor first
begins receiving the cash payments and continuing through the
support payment due in the last month in which the obligor
received the cash payments. The entity responsible for support
enforcement services shall serve the notice on the obligee in the
manner provided for the service of summons in a civil action or
by certified mail, return receipt requested, and shall serve the
notice on the obligor by first class mail to the obligor's
last-known address. The notice shall specify the month in which
cash payments are first made and shall contain a statement that
the   { - district attorney and the Division of Child Support
represent - }   { + administrator represents + } the state and
that low cost legal counsel may be available.
  '  { - (3) - }   { + (4) + } A party may object to the
presumption by sending an objection to the entity responsible for
support enforcement services under ORS 25.080 within 20 days
after the date of service of the notice. The objection must
describe the resources of the obligor or other evidence that
might rebut the presumption of inability to pay child support.
The entity receiving the objection shall cause the case to be set
for a hearing before a court or a
  { - hearings - }   { + hearing + } officer. The court or
 { - hearings - }   { + hearing + } officer may consider only
whether the presumption has been rebutted.
  '  { - (4) - }   { + (5) + } If no objection is made, or if the
court or
  { - hearings - }   { + hearing + } officer finds that the
presumption has not been rebutted, the Department of Justice
shall discontinue billing the obligor for the period of time
described in subsection   { - (2) - }   { + (3) + } of this
section and no arrearage shall accrue for the period during which
the obligor is not billed. In addition, the entity providing
support enforcement services shall file with the circuit court in
which the support order or decree has been entered or docketed a
copy of the notice described in subsection   { - (2) - }
 { + (3) + } of this section or, if an objection is made and the
presumption is not rebutted, a copy of the   { - hearings - }
 { + hearing + } officer's order.
  '  { - (5)(a) - }   { + (6)(a) + } Within 30 days after the
date the obligor ceases receiving cash payments under a program
listed in subsection (1) of this section, the Department of
Justice shall provide notice to all parties to the support order:
 
  ' (A) Specifying the last month in which a cash payment was
made;
  ' (B) Stating that the payment of those benefits has terminated
and that by operation of law billing and accrual of support
resumes; and
  ' (C) Informing the parties of their rights to request a review
and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other
provision of law.
  ' (b) The notice shall include a statement that the
 { - district attorney and the Division of Child Support
represent - }  { +  administrator represents + } the state and
that low cost legal counsel may be available.
  ' (c) The entity providing enforcement services shall file a
copy of the notice required by paragraph (a) of this subsection
with the circuit court in which the support order or decree has
been entered or docketed.
  '  { - (6) - }   { + (7) + } Receipt by a child support obligor
of cash payments under any of the programs listed in subsection
(1) of this section shall be sufficient cause for a court or
 { - hearings - }  { + hearing + } officer to allow a credit and
satisfaction against child support arrearage for months that the
obligor received the cash payments.
  '  { - (7) - }   { + (8) + } The notice and finding of
financial responsibility required by ORS 416.415 shall include
notice of the presumption, nonaccrual and arrearage credit rights
provided for in this section.
  '  { - (8) - }   { + (9) + } The presumption, nonaccrual and
arrearage credit rights created by this section shall apply
whether or not child support enforcement services are being
provided under Title IV-D of the Social Security Act.
  '  { - (9) - }   { + (10) + } Application of the presumption,
nonaccrual and arrearage credit rights created by this section
does not constitute a modification but does not limit the right
of any party to seek a modification of a support order based upon
a change of circumstances or pursuant to ORS 25.287 or any other
provision of law. In determining whether a change in
circumstances has occurred or whether two years have elapsed
since entry of a support order, the court or   { - hearings - }
 { + hearing + } officer may not consider any action taken under
this section as entry of a support order. The presumption stated
in subsection (1) of this section applies in any modification
proceeding.
  '  { +  SECTION 7. + } ORS 25.287 is amended to read:
  ' 25.287. (1)(a) The entity providing support enforcement
services under ORS 25.080 may initiate proceedings to modify a
support obligation to ensure that the support obligation is in
accordance with the formula established   { - by this chapter - }
 { +  under ORS 25.270 to 25.287 + }.
  ' (b) Proceedings under this subsection may occur only after
two years have elapsed from the later of the following:
  ' (A) The date the original support obligation took effect;
  ' (B) The date any previous modification of the support
obligation took effect; or
  ' (C) The date of any previous review and determination under
this subsection that resulted in no modification of the support
obligation.
  ' (c) For purposes of paragraph (b) of this subsection, a
support obligation or modification takes effect on the first date
on which the obligor is to pay the established or modified
support amount.
  ' (d) The only issues at proceedings under this subsection are
whether two years have elapsed, as described in paragraph (b) of
this subsection, and whether the support obligation is in
substantial compliance with the formula established   { - by this
chapter - }  { +  under ORS 25.270 to 25.287 + }.
  '  { +  (e) Upon review, if the administrator determines that a
support obligation does not qualify for modification under this
section, a party may appeal the determination. A hearing on the
appeal shall be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3, chapter 849,
Oregon Laws 1999. Appeal of the order of the hearing officer may
be taken to the circuit court of the county in which the support
obligation has been entered, docketed or registered for a hearing
de novo. The appeal to the court shall be by petition for review
filed within 60 days after the order of the hearing officer has
been docketed. + }
  '  { - (e) - }   { + (f) + } If the court, the administrator or
the   { - hearings - }  { + hearing + } officer finds that more
than two years have elapsed, as described in paragraph (b) of
this subsection, the court, the administrator or the
 { - hearings - }   { + hearing + } officer shall modify the
support order to bring the support obligation into substantial
compliance with the formula established   { - by this chapter - }
 { +  under ORS 25.270 to 25.287 + }, regardless of whether there
has been a substantial change in circumstances since the support
obligation was last established, modified or reviewed. { +
Proceedings by the administrator or hearing officer under this
subsection shall be conducted according to the provisions of ORS
416.425 and 416.427. + }
  '  { - (f) - }   { + (g) + } The provisions of this subsection
apply to any support obligation established by a support order
under ORS chapter 24, 107, 108, 109 or 416 or ORS 110.303 to
110.452, 419B.400 or 419C.590.
  ' (2) The administrator, court or   { - hearings - }
 { + hearing + } officer may use the provisions of subsection (1)
of this section when a support order was entered in another state
and registered in Oregon, the provisions of ORS 110.303 to
110.452 apply and more than two years have elapsed as provided in
subsection (1)(b) of this section.
  ' (3) Notwithstanding the provisions of this section,
proceedings may be initiated at any time to modify a support
obligation based upon a substantial change of circumstances under
any other provision of law.
  ' (4) The obligee is a party to any action to modify a support
obligation under this section.
  '  { +  SECTION 8. + } ORS 25.287, as amended by section 7 of
this 2001 Act, is amended to read:
  ' 25.287. (1)(a) The entity providing support enforcement
services under ORS 25.080 may initiate proceedings to modify a
support obligation to ensure that the support obligation is in
accordance with the formula established under ORS 25.270 to
25.287.
  ' (b) Proceedings under this subsection may occur only after
two years have elapsed from the later of the following:
  ' (A) The date the original support obligation took effect;
  ' (B) The date any previous modification of the support
obligation took effect; or
  ' (C) The date of any previous review and determination under
this subsection that resulted in no modification of the support
obligation.
  ' (c) For purposes of paragraph (b) of this subsection, a
support obligation or modification takes effect on the first date
on which the obligor is to pay the established or modified
support amount.
  ' (d) The only issues at proceedings under this subsection are
whether two years have elapsed, as described in paragraph (b) of
this subsection, and whether the support obligation is in
substantial compliance with the formula established under ORS
25.270 to 25.287.
  ' (e) Upon review, if the administrator determines that a
support obligation does not qualify for modification under this
section, a party may appeal the determination. A hearing on the
appeal shall be conducted by a hearing officer   { - assigned
from the Hearing Officer Panel established under section 3,
chapter 849, Oregon Laws 1999 - }  { +  appointed by the
Employment Department + }. Appeal of the order of the hearing
officer may be taken to the circuit court of the county in which
the support obligation has been entered, docketed or registered
for a hearing de novo. The appeal to the court shall be by
petition for review filed within 60 days after the order of the
hearing officer has been docketed.
  ' (f) If the court, the administrator or the hearing officer
finds that more than two years have elapsed, as described in
paragraph (b) of this subsection, the court, the administrator or
the hearing officer shall modify the support order to bring the
support obligation into substantial compliance with the formula
established under ORS 25.270 to 25.287, regardless of whether
there has been a substantial change in circumstances since the
support obligation was last established, modified or reviewed.
Proceedings by the administrator or hearing officer under this
subsection shall be conducted according to the provisions of ORS
416.425 and 416.427.
  ' (g) The provisions of this subsection apply to any support
obligation established by a support order under ORS chapter 24,
107, 108, 109 or 416 or ORS 110.303 to 110.452, 419B.400 or
419C.590.
  ' (2) The administrator, court or hearing officer may use the
provisions of subsection (1) of this section when a support order
was entered in another state and registered in Oregon, the
provisions of ORS 110.303 to 110.452 apply and more than two
years have elapsed as provided in subsection (1)(b) of this
section.
  ' (3) Notwithstanding the provisions of this section,
proceedings may be initiated at any time to modify a support
obligation based upon a substantial change of circumstances under
any other provision of law.
  ' (4) The obligee is a party to any action to modify a support
obligation under this section.
  '  { +  SECTION 9. + }  { + The amendments to ORS 25.287 by
section 8 of this 2001 Act become operative on January 1,
2004. + } ' .
  In line 6, delete '5' and insert '10'.
  On page 9, after line 7, insert:
  '  { +  SECTION 11. + } ORS 25.417 is amended to read:
  ' 25.417.   { - If the obligor's support obligation is required
to be paid monthly and pay periods are at more frequent
intervals, - }  { + When an obligor is required to pay support by
income withholding and is paid more often than monthly, + } the
withholder shall  { - , at the withholder's option: - }
  '  { - (1) - }  withhold up to the full amount specified in the
order to withhold, { +  based on the obligor's pay period as
specified in the order to withhold. The amount withheld may + }
not   { - to - }  exceed the maximum amount allowed under ORS
25.414 (8) { + . + }  { - , from each pay period until the
complete monthly obligation has been met; or - }
  '  { - (2) Divide the full amount specified in the order to
withhold, plus the withholder's processing fee, if any, by the
number of pay periods anticipated for the month, and then
withhold the resultant dollar amount each pay period. - } '.
  In line 8, delete '6' and insert '12'.
  On page 10, line 1, delete '7' and insert '13'.
  After line 28, insert:
  '  { +  SECTION 14. + } ORS 25.750 is amended to read:
  ' 25.750. (1) All licenses, certificates, permits or
registrations that a person is required by state law to possess
in order to engage in an occupation or profession or to use a
particular occupational or professional title, all annual
licenses issued to individuals by the Oregon Liquor Control
Commission, all driver licenses or permits issued by the
Department of Transportation and   { - all - }  recreational
hunting and fishing licenses { + , as defined by rule of the
Department of Human Services, + } are subject to suspension by
the respective issuing entities upon certification to the issuing
entity by the Division of Child Support of the Department of
Justice or the district attorney that a child support case record
is being maintained by the Department of Justice, that the case
is being enforced by the Division of Child Support or the
district attorney under the provisions of ORS 25.080 and that one
or both of the following conditions apply:
  ' (a) That the party holding the license, certificate, permit
or registration is under order or judgment to pay monthly child
support and is in arrears, with respect to any such judgment or
order requiring the payment of child support, in an amount equal
to three months of support or $2,500, whichever occurs later,
and:
  ' (A) Has not entered into a payment agreement with the
Division of Child Support or the district attorney with respect
to those arrears and the continuing child support obligation; or
  ' (B) Is not in compliance with a payment agreement entered
into with the Division of Child Support or the district attorney;
or
  ' (b) That the party holding the license, certificate, permit
or registration has failed, after receiving appropriate notice,
to comply with a subpoena or other procedural order relating to a
paternity or child support proceeding and:
  ' (A) Has not entered into an agreement with the Division of
Child Support or the district attorney with respect to
compliance; or
  ' (B) Is not in compliance with such an agreement.
  ' (2) The Department of Human Services by rule shall specify
the conditions and terms of payment agreement or other
agreements, compliance with which precludes the suspension of the
license, certificate, permit or registration.'.
  In line 29, delete '8' and insert '15'.
  On page 11, line 19, delete '9' and insert '16'.
  After line 43, insert:
  '  { +  SECTION 16a. + }  { +  If House Bill 2386 becomes law,
section 16 of this 2001 Act (amending ORS 29.125) is
repealed. + } ' .
  In line 44, delete '10' and insert '17'.
  On page 12, line 43, delete '11' and insert '18'.
  On page 13, line 13, delete '12' and insert '19'.
  In line 32, delete '13' and insert '20'.
  In line 36, delete '14' and insert '21'.
  On page 14, line 21, delete '15' and insert '22'.
  After line 27, insert:
  '  { +  SECTION 23. + } ORS 419C.597 is amended to read:
  ' 419C.597. When a youth  { + offender or other offender + } is
in the legal  { + or physical + } custody of the Oregon Youth
Authority and   { - such youth - }   { + the offender + } is the
beneficiary of an existing order of support in a decree of
dissolution or other order and the youth authority is required to
provide financial assistance for the care and support of
 { - such youth - }  { +  the offender + }, the youth authority
shall be assignee of and subrogated to   { - such youth's - }
 { + the offender's + } proportionate share of any such support
obligation including sums that have accrued whether or not the
support order or decree provides for separate monthly amounts for
the support of each of two or more children or a single monthly
gross payment for the benefit of two or more children, up to the
amount of assistance provided by the youth authority. The
assignment shall be as provided in ORS 418.042.'.
  In line 28, delete '16' and insert '24'.
  On page 15, line 42, delete '17' and insert '25'.
  On page 16, after line 32, insert:
  '  { +  SECTION 26. + } ORS 656.234 is amended to read:
  ' 656.234. (1) No moneys payable under this chapter on account
of injuries or death are subject to assignment prior to their
receipt by the beneficiary entitled thereto, nor shall they pass
by operation of law. All such moneys and the right to receive
them are exempt from seizure on execution, attachment or
garnishment, or by the process of any court.
  ' (2) Notwithstanding any other provision of this section:
  ' (a) Moneys payable pursuant to ORS 656.210 and 656.212 are
subject to an order to enforce child support obligations, and
spousal support when there is a current support obligation for a
joint child of the obligated parent and the person to whom
spousal support is owed, pursuant to ORS 25.378; and
  ' (b) Moneys payable pursuant to ORS 656.206, 656.214, 656.236
and 656.289 (4) are subject to an order to enforce child support
obligations pursuant to ORS 25.378.
  ' (3) Notwithstanding the provisions of ORS 25.378 and 25.414,
the amount of child support obligation subject to enforcement
shall not exceed:
  ' (a) One-fourth of moneys paid under ORS 656.210 and 656.212
or the amount of the current support to be paid as continuing
support, whichever is less, or, if there is no current support
obligation and the withholding is for arrearages only, 15 percent
of the moneys paid under ORS 656.210 and 656.212 or the amount
previously paid as current support, whichever is less;
  '  { +  (b) One-fourth of moneys paid in a lump sum award under
ORS 656.210 and 656.212 when the award becomes final by operation
of law or waiver of the right to appeal its adequacy; + }
  '  { - (b) - }   { + (c) + } One-fourth of moneys paid under
ORS 656.206, 656.214 and 656.236; or
  '  { - (c) - }   { + (d) + } One-fourth of the net proceeds
paid to the worker in a disputed claim settlement under ORS
656.289 (4).
  ' (4) Notwithstanding any other provision of this section, when
withholding is only for arrearages assigned to this or another
state, the Department of Human Services 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.'.
  In line 33, delete '18' and insert '27'.
  On page 17, delete lines 7 and 8 and insert:
  '  { +  SECTION 28. + }  { + This 2001 Act takes effect on the
91st day after the date on which the regular session of the
Seventy-first Legislative Assembly adjourns sine die. + } ' .
                         ----------