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 442
Senate Bill 220
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 Governor Theodore R.
Kulongoski for Department of Transportation)
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 Transportation to issue distraint
warrants to collect liquidated and delinquent debts.
A BILL FOR AN ACT
Relating to collection of moneys owed the Department of
Transportation; creating new provisions; and amending ORS
18.854.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS 184.610 to 184.666. + }
SECTION 2. { + (1) For purposes of this section, a liquidated
and delinquent debt is a debt that meets one of the following
conditions:
(a) Judgment has been entered on the debt; or
(b) Liability for and the amount of the debt have been
established through an administrative proceeding.
(2) If a person fails to pay in full any liquidated and
delinquent debt due the Department of Transportation, the
department may issue a warrant under the department's official
seal directed to the sheriff of any county of the state
commanding the sheriff to levy upon and sell the real and
personal property of the person found within that county, for
payment of the amount due, with the added penalties or charges,
interest and cost of executing the warrant, and to return the
warrant to the department and pay to the department the money
collected from the sale by the time specified in the warrant, not
less than 60 days from the date of the warrant.
(3) The sheriff shall, within five days after the receipt of
the warrant, record with the clerk of the county a copy of the
warrant. The clerk shall enter in the County Clerk Lien Record
the name of the person mentioned in the warrant, the amount of
the debt for which the warrant is issued and the date when the
copy is recorded. The amount of the warrant shall become a lien
upon the title to and interest in property of the person against
whom the warrant is issued in the same manner as a judgment that
creates a judgment lien under ORS chapter 18.
(4) The sheriff shall proceed upon the warrant in all respects,
with like effect and in the same manner prescribed by law in
respect to executions issued against property upon judgment of a
court of record, and shall be entitled to the same fees for
services in executing the warrant, to be added to and collected
as a part of the warrant liability.
(5) In the discretion of the Department of Transportation, a
warrant of like terms, force and effect to levy upon funds of the
person in possession of the Department of Revenue may be issued
and directed to any agent authorized by the Department of
Transportation to collect liquidated and delinquent debts for the
department, and in the execution thereof the agent shall have all
of the powers conferred by law upon sheriffs but is entitled to
no fee or compensation in excess of actual expenses paid in the
performance of such duty.
(6) Nothing in this section affects any provision of ORS
319.182, 319.742 or 825.504. + }
SECTION 3. ORS 18.854 is amended to read:
18.854. (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,
411.703, 657.396, 657.642, 657.646, 705.175 and 825.504 { + and
section 2 of this 2007 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 18.855 and
18.857, 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 and other documents issued by state agencies and
county tax collectors under this section and ORS 18.855 and
18.857. 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 18.855 and 18.857, with
respect to the form of notices of garnishment.
SECTION 4. { + The provisions of section 2 of this 2007 Act
may be used by the Department of Transportation to collect any
moneys due on a debt that is liquidated and delinquent on or
after the effective date of this 2007 Act. + }
----------