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 393
 
                         House Bill 2192
 
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 as
introduced.
 
  Establishes priority of Department of Human Services in claims
against estate of decedent for amounts owed by reason of care and
maintenance of decedent in state institution.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to claims against estates; creating new provisions;
  amending ORS 115.125; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 115.125 is amended to read:
  115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
  (a) Support of spouse and children, subject to the limitations
imposed by ORS 114.065.
  (b) Expenses of administration.
  (c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
  (d) Debts and taxes with preference under federal law.
  (e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
  (f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
  (g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent.
  (h) Child support arrearages.
  (i) The claim of the Department of Human Services for the net
amount of assistance paid to or for the decedent, in the
following order:
  (A) The amount of the state's monthly contribution to the
federal government to defray the costs of outpatient prescription
drug coverage provided to a person who is eligible for Medicare
Part D prescription drug coverage and who receives benefits under
the state medical assistance program or Title XIX of the Social
Security Act;
 
  (B) Public assistance, as defined in ORS 411.010, funded
entirely by moneys from the General Fund;   { - and - }
  (C) Public assistance, as defined in ORS 411.010, funded by a
combination of state and federal funds { + ; and + }
   { +  (D) Care and maintenance of the decedent at a state
institution, as provided in ORS 179.610 to 179.770 + }.
  (j) The claim of the Department of Corrections for care and
maintenance of any decedent who was at a state institution to the
extent provided in ORS 179.610 to 179.770.
  (k) All other claims against the estate.
  (2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
  SECTION 2.  { + The amendments to ORS 115.125 by section 1 of
this 2007 Act apply only to a probate proceeding in which a
petition for appointment of personal representative is filed on
or after the effective date of this 2007 Act. + }
  SECTION 3.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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