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 999
 
                           A-Engrossed
 
                         Senate Bill 133
                   Ordered by the Senate May 2
             Including Senate Amendments dated May 2
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for Attorney General's Restitution Reform Task Force)
 
 
                             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.
 
  Provides that disclaimer is barred if   { - transfer resulting
from disclaimer would be fraudulent as to creditors of
disclaimant - }  { +  purpose or effect of disclaimer is to
prevent recovery of money or property to be applied against
judgment for restitution to victim of criminal offense + }.
    { - Repeals requirement that Uniform Disclaimer of Property
Interests Act be construed to promote uniformity of law on
disclaimers. - }
 
                        A BILL FOR AN ACT
Relating to disclaimers; amending ORS 105.643.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 105.643 is amended to read:
  105.643. (1) A disclaimer is barred by a written waiver of the
right to disclaim.
  (2) A disclaimer of an interest in property is barred if any of
the following events occurs before the disclaimer becomes
effective:
  (a) The disclaimant accepts the interest sought to be
disclaimed;
  (b) The disclaimant voluntarily assigns, conveys, encumbers,
pledges or transfers the interest sought to be disclaimed or
contracts to do so; or
  (c) The interest sought to be disclaimed is sold pursuant to a
judicial sale.
  (3) A disclaimer, in whole or part, of the future exercise of a
power held in a fiduciary capacity is not barred by the previous
exercise of the power.
  (4) A disclaimer, in whole or part, of the future exercise of a
power not held in a fiduciary capacity is not barred by its
previous exercise unless the power is exercisable in favor of the
disclaimant.
  (5) A disclaimer is barred or limited if so provided by a law
other than ORS 105.623 to 105.649.
   { +  (6) A disclaimer is barred if the purpose or effect of
the disclaimer is to prevent recovery of money or property to be
applied against a judgment for restitution under ORS 137.101 to
137.109. + }
    { - (6) - }  { +  (7) + } A disclaimer of a power over
property that is barred under this section is ineffective. A
disclaimer of an interest in property that is barred under this
section takes effect as a transfer of the interest disclaimed to
the persons who would have taken the interest under ORS 105.623
to 105.649 had the disclaimer not been barred.
                         ----------