75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2274
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)
CHAPTER ................
AN ACT
Relating to referral of support obligations to Department of
Revenue; amending ORS 25.610.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.610 is amended to read:
25.610. (1) Whenever support enforcement services are being
provided { - and those services are funded in part through
Title IV-D of the Social Security Act (42 U.S.C. 651, et
seq.) - } , the administrator may request the Department of
Revenue, through the Department of Justice or its designee, to
collect past due child and spousal support from income tax
refunds due to the obligor. The request shall be based upon the
payment record maintained under ORS 25.020.
(2) If support payment records have not been maintained as
provided in ORS 25.020, then a support payment record may be
established under ORS 25.164, 25.167 and 416.429.
(3) The Department of Justice shall adopt rules:
(a) Setting out additional criteria for requests under
subsection (1) of this section; and
(b) Directing how any support obligation collected by the
Department of Revenue shall be distributed, consistent with
federal regulations.
(4) Before a request is made to the Department of Revenue under
subsection (1) of this section, the Department of Justice shall
provide advance written notice to the obligor and the obligee of
its intent to refer the case to the Department of Revenue. The
notice shall inform the parties:
(a) Of the proposed action;
(b) Of the obligor's right to request an administrative review
of the proposed action;
(c) That an administrative review, if desired, must be
requested by the obligor within 30 days after the date of the
notice; and
(d) That the only issues that may be considered in the
administrative review are:
(A) Whether the obligor is the person who owes the support
obligation; and
(B) Whether the amount shown as the past due support is
correct.
(5) An administrative review must be requested within 30 days
after the date of the notice described in subsection (4) of this
Enrolled House Bill 2274 (HB 2274-INTRO) Page 1
section. At the administrative review, an issue may not be
considered if it was previously litigated or if the obligor
failed to exercise rights to appear and be heard or to appeal a
decision that resulted in the accrual of the arrearage being used
as a basis for a request under subsection (1) of this section. A
party may appeal a decision from the administrative review under
ORS 183.484.
(6) When the Department of Revenue has been requested to
collect past due child and spousal support from income tax
refunds due to the obligor, the Department of Revenue may not
allow the obligor to apply any income tax refund to future taxes
of the obligor.
(7) Notwithstanding any other provision of this section, an
obligor who is not delinquent in payment of child or spousal
support may authorize the Department of Revenue, through the
Department of Justice or its designee, to withhold any income tax
refund owing to that obligor for the purpose of applying the
moneys as a credit to the support account maintained by the
Department of Justice.
----------
Passed by House February 19, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 19, 2009
...........................................................
President of Senate
Enrolled House Bill 2274 (HB 2274-INTRO) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2274 (HB 2274-INTRO) Page 3