73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 577
 
                         House Bill 2211
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for Department of Justice)
 
 
                             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.
 
  Permits suspension of licenses, certificates, permits and
registrations of party in arrears under any child support order
or judgment.
 
                        A BILL FOR AN ACT
Relating to license suspension based on child support arrears;
  amending ORS 25.750 and 25.759.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 recreational hunting and fishing
licenses, as defined by rule of the Department of Justice, are
subject to suspension by the respective issuing entities upon
certification to the issuing entity by the administrator that a
child support case record is being maintained by the Department
of Justice, that the case is being enforced by the administrator
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 arrears under any child support order or judgment  + }in
an amount equal to three months of support or $2,500, whichever
occurs later, and:
  (A) Has not entered into an agreement with the administrator
with respect to the child support obligation; or
  (B) Is not in compliance with an agreement entered into with
the administrator; 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 administrator
with respect to compliance; or
  (B) Is not in compliance with such an agreement.
  (2) The Department of Justice by rule shall specify the
conditions and terms of agreements, compliance with which
precludes the suspension of the license, certificate, permit or
registration.
  SECTION 2. ORS 25.759 is amended to read:
  25.759. Upon identification of a person subject to suspension
under ORS 25.750 to 25.783, the administrator may issue a notice,
sent by regular mail to both the address of record as shown in
the records of the issuing entity and the address of record as
shown on the administrator's child support file.   { - Such - }
 { + The + } notice shall contain the following information:
  (1) That certain licenses, certificates, permits and
registrations, which shall be specified in the notice, are
subject to suspension as provided for by ORS 25.750 to 25.783.
  (2) The name, Social Security number, if available, date of
birth, if known, and child support case number or numbers of the
person subject to the action.
  (3) The amount of arrears and the amount of the
 { - monthly - } child support obligation, if any, or, if
suspension is based on ORS 25.750 (1)(b), a description of the
subpoena or other procedural order with which the person subject
to the action has failed to comply.
  (4) The procedures available for contesting the suspension of a
license, certificate, permit or registration.
  (5) That the only bases for contesting the suspension are:
  (a) That the arrears are not greater than three months of
support or $2,500;
  (b) That there is a mistake in the identity of the obligor;
  (c) That the person subject to the suspension has complied with
the subpoena or other procedural order identified in subsection
(3) of this section; or
  (d) That the person subject to the suspension is in compliance
with a previous agreement as provided for by ORS 25.750 to
25.783.
  (6) That the obligor may enter into an agreement, prescribed by
rule by the Department of Justice, compliance with which shall
preclude the suspension under ORS 25.750 to 25.783.
  (7) That the obligor has 30 days from the date of the notice to
contact the administrator in order to:
  (a) Contest the action in writing on a form prescribed by the
administrator;
  (b) Comply with the subpoena or procedural order identified in
subsection (3) of this section; or
  (c) Enter into an agreement authorized by ORS 25.750 and
25.762. The notice shall state that any agreement must be in
writing and must be entered into within 30 days of making contact
with the administrator.
  (8) That failure to contact the administrator within 30 days of
the date of the notice shall result in notification to the
issuing entity to suspend the license, certificate, permit or
registration.
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