72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3586
House Bill 3629
Sponsored by Representative TOMEI (at the request of Department
of Human Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Department of Human Services to issue warrant for
overpayment of public assistance. Authorizes recordation of
warrant in County Clerk Lien Record. Specifies enforcement
procedures for warrant.
A BILL FOR AN ACT
Relating to warrants issued by Department of Human Services;
creating new provisions; and amending ORS 18.900.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 411.
SECTION 2. (1) If an overpayment of public assistance,
including food stamp benefits, is not repaid within 30 days of
the payment due date, after an individual has been afforded an
opportunity for a contested case hearing under ORS 183.310 to
183.550 relating to the overpayment of public assistance,
including food stamp benefits issued under ORS 411.806 to
411.845, the Department of Human Services may:
(a) Issue a warrant that meets the requirements of ORS 205.125
for the overpayment; and
(b) Present a warrant issued under this section for recordation
in the County Clerk Lien Record of the county clerk of any county
in the state.
(2) The warrant must include the principal amount of the
overpayment, interest accumulated pursuant to ORS 82.010 or other
applicable law, costs associated with recording, indexing and
serving the warrant and costs associated with an instrument
evidencing satisfaction or release of the warrant.
(3) The department shall mail a copy of the warrant to the
debtor at the last known address of the debtor.
(4) Upon receipt of the warrant for recordation, the county
clerk shall record the warrant in the manner provided in ORS
205.125.
(5) Upon recording, the warrant:
(a) Has the effect described in ORS 205.125 and 205.126; and
(b) May be enforced as provided in ORS 18.900 and 205.126.
SECTION 3. ORS 18.900 is amended to read:
18.900. (1) Any state agency authorized to issue warrants to
collect taxes and debts owed to the State of Oregon, including
but not limited to warrants issued pursuant to ORS 179.655,
267.385, 293.250, 314.430, 316.207, 320.080, 321.570, 323.390,
657.642 and 825.504 and section 2 of this 2003 Act + }, or any
county tax collector authorized to issue warrants to collect
taxes and debts owed to the county pursuant to ORS 311.625, may
garnish property of a debtor in the possession, control or
custody of a person other than the debtor by delivering to the
person all of the following:
(a) A notice of garnishment;
(b) A warrant, or a true copy of a warrant;
(c) The items specified in ORS 18.650 (1)(b) to (d); and
(d) Any garnishee's search fee payable as provided in ORS
18.790.
(2) A notice of garnishment may be issued by any person
designated by the state agency or by the county tax collector. A
warrant need not be recorded in the County Clerk Lien Record as a
condition of issuing a notice of garnishment under the provisions
of this section. The provisions of ORS 18.800 do not apply to a
notice of garnishment.
(3) If any of the items described in subsection (1) of this
section are not delivered to the garnishee, a notice of
garnishment shall not be effective to garnish any property of the
debtor, and the garnishee shall not be required to respond to the
garnishment and may proceed to deal with any property of the
debtor as though the notice of garnishment had not been issued.
(4) Notwithstanding ORS 18.652, a notice of garnishment and the
other items required by subsection (1) of this section may be
delivered in person by any employee of the state agency or of the
county tax collector authorized by the agency or the county to
deliver the notice of garnishment, or by certified mail, return
receipt requested. The employee need not be covered by the errors
and omissions insurance required in ORS 18.652.
(5) Notwithstanding any provision of ORS 18.600 to 18.850, a
debt calculation form need not be prepared or delivered for any
notice of garnishment.
(6) Notwithstanding ORS 18.792, the duty of a garnishee to
deliver any property of the debtor that may be contained in a
safe deposit box that is in the garnishee's possession, control
or custody at the time of delivery of the notice of garnishment
to the garnishee is conditioned upon the state agency or the
county tax collector first paying to the garnishee, in addition
to the search fee provided for in ORS 18.790, all reasonable
costs incurred by the garnishee in gaining entry to the safe
deposit box. The costs shall be paid to the garnishee by the
state agency or the county tax collector at least five days
before the date the state agency or the county tax collector
takes possession of the property in the safe deposit box. If the
state agency or the county tax collector fails to pay such costs
to the garnishee within 20 days after the delivery of the
garnishee response, the garnishment shall not be effective to
garnish any property of the debtor that may be contained in the
safe deposit box and the garnishee may proceed to deal with the
safe deposit box and its contents as though the notice of
garnishment had not been issued. Nothing in this subsection
limits the rights of a state agency or county tax collector to
reach the contents of any safe deposit box in any manner
otherwise provided by law.
(7) Except as provided in this section and ORS 18.902 and
18.905, all provisions of ORS 18.600 to 18.850 apply to notices
of garnishment. The state agency or county tax collector shall
modify the forms provided in ORS 18.600 to 18.850 as necessary to
allow use of those forms for notices of garnishment. The form of
the notice of garnishment must clearly indicate that the document
is a notice of garnishment and must reflect the date of all
warrants on which the notice of garnishment is based.
(8) The Attorney General may adopt model forms for notices of
garnishment issued by state agencies and county tax collectors.
There is a presumption, as described in ORS 40.120, that any
state agency or county tax collector that uses a model form
adopted by the Attorney General under this subsection has
complied with the requirements of ORS 18.600 to 18.850, and with
the provisions of this section and ORS 18.902 and 18.905, with
respect to the form of notices of garnishment.
SECTION 4. { + Section 2 of this 2003 Act and the amendments
to ORS 18.900 by section 3 of this 2003 Act apply to a debt
arising from an overpayment of public assistance, as defined in
ORS 411.010, including food stamp benefits issued under ORS
411.806 to 411.845, before, on or after the effective date of
this 2003 Act. + }
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