75th OREGON LEGISLATIVE ASSEMBLY--2009 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 935-1
 
                         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)
 
 
                             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.
 
  Modifies law relating to when Department of Justice or district
attorney may refer child or spousal support arrearages to
Department of Revenue for collection from income tax refunds.
Allows referral even though support enforcement services are not
funded in any part through Title IV-D of Social Security Act.
 
                        A BILL FOR 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
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.
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