74th OREGON LEGISLATIVE ASSEMBLY--2007 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 394
 
                           A-Engrossed
 
                         House Bill 2191
                  Ordered by the Senate April 2
            Including Senate Amendments dated April 2
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for 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.
 
  Expands specified circumstances that constitute public
assistance overpayment for which Department of Human Services may
issue warrant.
 
                        A BILL FOR AN ACT
Relating to overpayments of public assistance; amending ORS
  411.640 and 411.703.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 411.640 is amended to read:
  411.640.   { - No - }  { +  A + } person   { - shall
receive - }  { +  has received an overpayment of public
assistance, for purposes of ORS 411.703, if the person has:
  (1) Received + }, either for the benefit of the person or for
the benefit of any other person, any amount or type of general
assistance or public assistance, as defined in ORS 411.010, to
which the person or such other person is not entitled under state
law  { - . - }  { + ;
  (2) Spent lawfully received public assistance that was
designated by the Department of Human Services for a specific
purpose on an expense not approved by the department and not
considered a basic requirement under standards adopted by the
department pursuant to ORS 411.070;
  (3) Misappropriated public assistance by cashing and retaining
the proceeds of a check on which the person is not the payee and
the check has not been lawfully endorsed or assigned to the
person; or
  (4) Failed to reimburse the department, when required by law,
for public assistance furnished for a need for which the person
is compensated by another source. + }
  SECTION 2. ORS 411.703 is amended to read:
  411.703. (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 chapter 183 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 issuance of the warrant, the department may
issue a notice of garnishment in accordance with ORS 18.854. + }
    { - (5) - }  { +  (6) + } 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 18.854 and 205.126.
                         ----------