72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 3015
LC 2241/HB 3015-3
HOUSE AMENDMENTS TO
HOUSE BILL 3015
By COMMITTEE ON JUDICIARY
May 1
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '25.020, 107.085, 107.500,
192.501, 432.121, 432.408 and 432.412 and ORCP 70 A; and
declaring an emergency.'.
Delete line 5 and insert:
' { + SECTION 1. + } (1) The State Court Administrator shall
establish a procedure applicable to every court in this state'.
In line 6, delete 'a procedure'.
In line 8, delete 'A' and insert 'The'.
After line 8, insert:
' (a) Require that Social Security numbers be listed on a
separate paper attached to an affidavit of the person providing
the Social Security number certifying that the Social Security
number is correct;'.
In line 9, delete '(a)' and insert '(b)'.
In line 12, delete '(b)' and insert '(c)'.
On page 14, delete lines 24 through 36 and insert:
' { + SECTION 5. + } ORCP 70 A is amended to read:
' A Form. Every judgment shall be in writing plainly titled as
a judgment and set forth in a separate document. A default or
stipulated judgment may have appended or subjoined thereto such
affidavits, certificates, motions, stipulations, and exhibits as
may be necessary or proper in support of the entry thereof.
' A(1) Content. No particular form of words is required, but
every judgment shall:
' A(1)(a) Specify clearly the party or parties in whose favor
it is given and against whom it is given and the relief granted
or other determination of the action.
' A(1)(b) Be signed by the court or judge rendering such
judgment or, in the case of judgment entered pursuant to Rule 69
B(1), by the clerk.
' A(2)(a) Money judgment; contents. Money judgments are
judgments that require the payment of money, including judgments
for the payment of costs or attorney fees. The requirements of
this subsection are not jurisdictional for purposes of appellate
review. Money judgments shall include all of the following:
' A(2)(a)(i) The name and address of each judgment creditor and
the name, address and phone number of each creditor's attorney,
if any.
' A(2)(a)(ii) The name of each judgment debtor and, if known,
the address, date of birth, Social Security number and driver
license number for each judgment debtor, the state of issuance
for each judgment debtor's driver license and the name of each
judgment debtor's attorney. { + However, for a judgment issued
in a proceeding under ORS 107.085 or 107.485, the Social Security
number must be included in a manner established under section 1
of this 2003 Act. + }
' A(2)(a)(iii) The name of any person or public body known to
the judgment creditor, other than the judgment creditor's
attorney, who is entitled to any portion of a payment made on the
judgment.
' A(2)(a)(iv) The amount of the judgment.
' A(2)(a)(v) The interest owed to the date of the judgment,
either as a specific amount or as accrual information, including
the rate or rates of interest, the balance or balances upon which
interest accrues, the date or dates from which interest at each
rate on each balance runs, and whether interest is simple or
compounded and, if compounded, at what intervals.
' A(2)(a)(vi) Post-judgment interest accrual information,
including the rate or rates of interest, the balance or balances
upon which interest accrues, the date or dates from which
interest at each rate on each balance runs, and whether interest
is simple or compounded and, if compounded, at what intervals.
' A(2)(a)(vii) For judgments that accrue on a periodic basis,
any accrued arrearages, required further payments per period and
accrual dates.
' A(2)(a)(viii) If the judgment awards costs and disbursements
or attorney fees, that they are awarded, any specific amounts
awarded, a clear identification of the specific claims for which
any attorney fees are awarded and the amount of attorney fees
awarded for each claim. This subparagraph does not require
inclusion of specific amounts where such will be determined later
under Rule 68 C.
' A(2)(b) Form. To comply with the requirements of paragraph
A(2)(a) of this rule, the requirements in that paragraph must be
presented in a manner that complies with all of the following:
' A(2)(b)(i) The requirements must be presented in a separate,
discrete section immediately above the judge's signature if the
judgment contains more provisions than just the requirements of
paragraph A(2)(a) of this rule.
' A(2)(b)(ii) The separate section must be clearly labeled at
its beginning as a money judgment. On or after January 1, 1994,
if the money judgment includes a child support obligation, the
label must so indicate.
' A(2)(b)(iii) The separate section must contain no other
provisions except what is specifically required by this rule for
judgments and, if applicable, by ORS 24.290 for the payment of
money.
' A(2)(b)(iv) The requirements under paragraph A(2)(a) of this
rule must be presented in the same order as set forth in that
paragraph.
' A(3) If the proposed judgment does not comply with the
requirements in subsections A(1) and (2) of this rule, it shall
not be signed by the judge. If the judge signs the judgment, it
shall be entered in the register whether or not it complies with
the requirements in subsections A(1) and (2) of this rule.
' { + SECTION 6. + } ORS 25.020 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)(a) When the administrator is providing support
enforcement services under ORS 25.080, the obligee may enter into
an agreement with a collection agency, as defined in ORS 697.005,
for assistance in collecting child support payments.
' (b) The department:
' (A) Except as otherwise provided in this paragraph, shall
disburse support payments, to which the obligee is legally
entitled, to the collection agency according to the terms of the
agreement between the obligee and the collection agency;
' (B) May not disburse moneys to the collection agency before
the obligee submits the form referred to in paragraph (c)(A) of
this subsection to the department and the department adjusts its
support payment records;
' (C) May not disburse moneys to the collection agency after
180 days following the date the department adjusts its support
payment records as described in subparagraph (B) of this
paragraph;
' (D) May not disburse moneys to the collection agency if the
collection agency violates any provision of this subsection;
' (E) Shall credit the obligor's account for the full amount of
each support payment received by the department and disbursed to
the collection agency;
' (F) Shall develop the form referred to in paragraph (c)(A) of
this subsection, which shall include a notice to the obligee
printed in type size equal to at least 12-point type that the
obligee may be eligible for support enforcement services from the
department or the district attorney without paying the interest
or fee that is typically charged by a collection agency; and
' (G) May use information disclosed by the collection agency to
provide support enforcement services under ORS 25.080.
' (c) The obligee shall:
' (A) Provide to the department, on a form approved by the
department, information about the agreement with the collection
agency; and
' (B) Promptly notify the department when the agreement is
terminated.
' (d) The collection agency:
' (A) May provide investigative and location services to the
obligee and disclose relevant information from those services to
the department for purposes of providing support enforcement
services under ORS 25.080;
' (B) May not charge interest or a fee for its services
exceeding 20 percent of each support payment received; and
' (C) May not initiate, without written authorization from the
department, any enforcement action relating to support payments
on which support enforcement services are provided by the
department under ORS 25.080.
' (4) 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.
' (5) 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.
' (6)(a) The administrator 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' means 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.
' (b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney.
' (7) 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.
' (8)(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. { +
Such a decree or order issued in a proceeding under ORS 107.085
or 107.485 shall contain the Social Security number of each party
in the manner established under section 1 of this 2003 Act. + }
' (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.
' (9)(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.
' (10) 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, 110, 416, 419A, 419B and 419C that would otherwise
impose the same duties or functions upon the county clerk or the
Department of Human Services.
' (11) Except as provided for in subsections (12), (13) and
(14) 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.
' (12) 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.
' (13) 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 (12) 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, 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.
' (14) 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.
' (15) 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.
' { + SECTION 7. + } ORS 25.020, as amended by section 3,
chapter 455, Oregon Laws 2001, 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)(a) When the administrator is providing support
enforcement services under ORS 25.080, the obligee may enter into
an agreement with a collection agency, as defined in ORS 697.005,
for assistance in collecting child support payments.
' (b) The department:
' (A) Except as otherwise provided in this paragraph, shall
disburse support payments, to which the obligee is legally
entitled, to the collection agency according to the terms of the
agreement between the obligee and the collection agency;
' (B) May not disburse moneys to the collection agency before
the obligee submits the form referred to in paragraph (c)(A) of
this subsection to the department and the department adjusts its
support payment records;
' (C) May not disburse moneys to the collection agency after
180 days following the date the department adjusts its support
payment records as described in subparagraph (B) of this
paragraph;
' (D) May not disburse moneys to the collection agency if the
collection agency violates any provision of this subsection;
' (E) Shall credit the obligor's account for the full amount of
each support payment received by the department and disbursed to
the collection agency;
' (F) Shall develop the form referred to in paragraph (c)(A) of
this subsection, which shall include a notice to the obligee
printed in type size equal to at least 12-point type that the
obligee may be eligible for support enforcement services from the
department or the district attorney without paying the interest
or fee that is typically charged by a collection agency; and
' (G) May use information disclosed by the collection agency to
provide support enforcement services under ORS 25.080.
' (c) The obligee shall:
' (A) Provide to the department, on a form approved by the
department, information about the agreement with the collection
agency; and
' (B) Promptly notify the department when the agreement is
terminated.
' (d) The collection agency:
' (A) May provide investigative and location services to the
obligee and disclose relevant information from those services to
the department for purposes of providing support enforcement
services under ORS 25.080;
' (B) May not charge interest or a fee for its services
exceeding 20 percent of each support payment received; and
' (C) May not initiate, without written authorization from the
department, any enforcement action relating to support payments
on which support enforcement services are provided by the
department under ORS 25.080.
' (4) 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.
' (5) 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.
' (6)(a) The administrator 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' means 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.
' (b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney.
' (7) 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.
' (8)(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. { +
Such a decree or order issued in a proceeding under ORS 107.085
or 107.485 shall contain the Social Security number of each party
in the manner established under section 1 of this 2003 Act. + }
' (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.
' (9)(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.
' (10) 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, 110, 416, 419A, 419B and 419C that would otherwise
impose the same duties or functions upon the county clerk or the
Department of Human Services.
' (11) Except as provided for in subsections (12), (13) and
(14) 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.
' (12) 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.
' (13) 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 (12) of
this section, credit may be given pursuant to order of a hearing
officer 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.
' (14) 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.
' (15) 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.
' { + SECTION 8. + } ORS 432.121 is amended to read:
' 432.121. (1) To protect the integrity of vital records and
vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit
inspection of, or to disclose information from vital records or
vital reports in the custody of the State Registrar of the Center
for Health Statistics, county registrar or local registrar or to
copy or issue a copy of all or part of any such record or report
unless authorized by this chapter and by rules adopted pursuant
thereto or by order of a court of competent jurisdiction. Rules
adopted under this section shall provide for adequate standards
of security and confidentiality of vital records and vital
reports. { + The state registrar shall adopt rules to ensure
that, for records of dissolution of marriage issued in
proceedings under ORS 107.085 or 107.485, Social Security numbers
of the parties are kept confidential and exempt from public
inspection. + }
' (2) The State Registrar of the Center for Health Statistics
shall authorize the inspection, disclosure and copying of the
information referred to in subsection (1) of this section as
follows:
' (a) To the subject of the record; spouse, child, parent,
sibling or legal guardian of the subject of the record; an
authorized representative of the subject of the record, spouse,
child, parent, sibling or legal guardian of the subject of the
record; and, in the case of death, marriage or divorce records,
to other next of kin.
' (b) When a person demonstrates that a death, marriage or
divorce record is needed for the determination or protection of a
personal or property right.
' (c) When 100 years have elapsed after the date of birth or 50
years have elapsed after the date of death, marriage or divorce.
' (d) When the person requesting the information demonstrates
that the person intends to use the information solely for
research purposes. In order to receive the information, the
person must submit a written request to the state registrar
requesting a research agreement. The state registrar shall issue
a research agreement if the person demonstrates that the
information will be used only for research and will be held
confidential. The research agreement shall prohibit the release
by the person of any information other than that authorized by
the agreement that might identify any person or institution.
' (e) To the federal agency responsible for national vital
statistics, upon request. The copies or data may be used solely
for the conduct of official duties. Before furnishing the
records, reports or data, the state registrar shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be
used. The agreement shall also set forth the support to be
provided by the federal agency for the collection, processing and
transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve,
in writing, additional statistical or research uses of the
records, reports or data supplied under the agreement.
' (f) To federal, state and local governmental agencies, upon
request. The copies or data may be used solely for the conduct of
official duties of the requesting governmental agency.
' (g) To offices of vital statistics outside this state when
such records or other reports relate to residents of those
jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital
statistics. The agreement shall specify the statistical and
administrative purposes for which the records, reports or data
may be used and the agreement shall further provide instructions
for the proper retention and disposition of the copies. Copies
received by the Center for Health Statistics from offices of
vital statistics in other states shall be handled in the same
manner as prescribed in this section.
' (h) To an investigator licensed under ORS 703.430, upon
request.
' (3) The state registrar, upon request of a family member or
legal representative, shall issue a certified copy or other copy
of a death certificate containing the cause of death information
as provided in subsection (2) of this section or as follows:
' (a) When a person has demonstrated through documented
evidence a need for the cause of death to establish a legal right
or claim.
' (b) When the request for the copy is made by or on behalf of
an organization that provides benefits to the decedent's
survivors or beneficiaries.
' (4) Nothing in this section prohibits the release of
information or data that would not identify any person or
institution named in a vital record or a vital report.
' (5) Nothing in this section shall prohibit a health care
provider from disclosing information contained in the provider's
records as otherwise allowed by law.
' (6) Nothing in this section shall be construed to permit
disclosure of information contained in the 'Information for
Medical and Health Use Only' section of the birth certificate,
fetal death report or the 'Information for Statistical Purposes
Only' section of the certificate of marriage or certificate of
divorce, unless specifically authorized by the state registrar
for statistical or research purposes. The data shall not be
subject to subpoena or court order and shall not be admissible
before any court, tribunal or judicial body.
' (7) All forms and procedures used in the issuance of
certified copies of vital records and vital reports shall be
uniform and provided by or approved by the state registrar. All
certified copies issued shall have security features that
safeguard the document against alteration, counterfeiting,
duplication or simulation without ready detection.
' (8) Each copy issued shall show the date of filing. Copies
issued from records marked 'Amended' shall be similarly marked
and shall show the effective date of the amendment. Copies issued
from records marked 'Delayed' shall be similarly marked and shall
include the date of filing and a description of the evidence used
to establish the delayed certificate.
' (9) Any copy issued of a certificate of foreign birth shall
indicate this fact and show the actual place of birth and the
fact that the certificate is not proof of United States
citizenship for an adoptive child.
' (10) Appeals from decisions of the state registrar to refuse
to disclose information or to permit inspection or copying of
records as prescribed by this section and rules adopted pursuant
thereto shall be made under ORS 183.480 to 183.484.
' (11) The state registrar shall adopt rules to implement this
section in accordance with the applicable sections of ORS 183.310
to 183.550.
' (12) Indexes of deaths, marriages or divorces that list
names, dates of events, county of events or certificate numbers
may be disclosed.
' { + SECTION 9. + } ORS 432.408 is amended to read:
' 432.408. (1) A record of each dissolution of marriage decree
by any court in this state shall be filed by the clerk of the
court with the Center for Health Statistics and shall be
registered if it has been completed and filed in accordance with
this section. The record shall be prepared by the petitioner or a
legal representative of the petitioner in the form prescribed or
furnished by the State Registrar of the Center for Health
Statistics and shall be presented to the clerk of the court with
the petition. In all cases the completed record shall be
prerequisite to the entry of the decree. { + The state registrar
shall design the record so that, for decrees or orders issued in
proceedings under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and state courts may
keep Social Security numbers confidential and exempt from public
inspection. + }
' (2) The clerk of the court shall complete and forward to the
Center for Health Statistics on or before the 10th day of each
calendar month the records of each dissolution of marriage decree
granted during the preceding calendar month. { + The clerk shall
comply with procedures established under section 1 of this 2003
Act to ensure that, in the records completed and forwarded under
this subsection, the Social Security numbers of parties to a
proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection. + }
' (3) A dissolution of marriage record not filed within the
time prescribed by subsection (2) of this section may be
registered in accordance with rules adopted by the state
registrar.
' { + SECTION 10. + } ORS 432.412 is amended to read:
' 432.412. { + (1) Except as provided in subsection (2) of
this section, + } notwithstanding any other provision of law, all
marriage records and all divorce records in the custody of a
county clerk or county recording officer and all divorce records
in the custody of the state courts are open and subject to full
disclosure.
' { + (2) Divorce records in the custody of the state courts
shall be completed and maintained in accordance with procedures
established under section 1 of this 2003 Act to ensure that the
Social Security numbers of parties to proceedings under ORS
107.085 and 107.485 are kept confidential and exempt from public
inspection. + }
' { + SECTION 11. + } { + Section 1 of this 2003 Act is
added to and made a part of ORS chapter 107. + }
' { + SECTION 12. + } { + The procedures established under
section 1 of this 2003 Act become operative on January 1,
2004. + }
' { + SECTION 13. + } { + The amendments to ORS 25.020,
107.085, 107.500, 192.501, 432.121, 432.408 and 432.412 and ORCP
70 A by sections 2 to 10 of this 2003 Act become operative on
January 1, 2004. + }
' { + SECTION 14. + } { + The procedures established under
section 1 of this 2003 Act and the amendments to ORS 25.020,
107.085, 107.500, 192.501, 432.121, 432.408 and 432.412 and ORCP
70 A by sections 2 to 10 of this 2003 Act apply only to records
relating to proceedings under ORS 107.085 and 107.485 initiated
on or after January 1, 2004. + } ' .
In line 37, delete '9' and insert '15'.
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