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 836-1
 
                         House Bill 2317
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Judicial Department)
 
 
                             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.
 
  Requires Oregon State Lottery Commission to hold lottery prize
in excess of $600 and notify State Court Administrator if lottery
prize winner is listed in database of persons having liquidated
and delinquent court accounts. Specifies that proceeds of lottery
prize be applied first to delinquent child support obligations.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to collection of state judicial branch delinquent
  accounts; amending ORS 461.715; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 461.715 is amended to read:
  461.715. (1) The Oregon State Lottery Commission, by rule,
shall develop procedures whereby:
  (a) Before paying any portion of a lottery prize in excess of
$600, the lottery commission shall check the name and Social
Security number of the person entitled to payment  { + of the
lottery prize + } against a computer database containing the
names and Social Security numbers of obligors who are delinquent
in paying child support obligations  { + and a computer database
containing the names and identifying information of debtors who
are delinquent in paying liquidated accounts owing to a state
court or owing to a commission, department or division in the
judicial branch of state government + }.
    { - (b) When the person is listed in the database, the
lottery commission shall: - }
    { - (A) Place a 30-day hold on any payment to the person; - }
 
    { - (B) Inform the person of the hold; and - }
    { - (C) Notify the Division of Child Support of the
Department of Justice that a delinquent obligor has won a lottery
prize or is entitled to payment on a lottery prize. - }
   { +  (b) If the lottery commission finds that a person
entitled to payment of the lottery prize is listed in a computer
database described in paragraph (a) of this subsection, the
lottery commission shall place a 30-day hold on any payment to
the person and shall inform the person of the hold.
  (c) If the person entitled to payment of the lottery prize is
delinquent in paying child support obligations, the lottery
commission shall notify the Division of Child Support of the
Department of Justice that a delinquent obligor is entitled to
payment of a lottery prize.
  (d) If the person entitled to payment of the lottery prize is
delinquent in paying liquidated accounts owing to a state court
or owing to a commission, department or division in the judicial
branch of state government, the lottery commission shall notify
the State Court Administrator that a delinquent debtor is
entitled to payment of a lottery prize. + }
    { - (c) - }  { +  (e) + } If a garnishment proceeding is
initiated within the 30-day hold period { +  required under
paragraph (b) of this subsection + }, the lottery commission
shall continue to hold any payment to the person pending
disposition of the proceeding.
    { - (d) - }  { +  (f) + } If a garnishment proceeding is not
initiated within the 30-day hold period { +  required under
paragraph (b) of this subsection + }, the lottery commission
shall make payment on the prize to the person at  { + the earlier
of + } the end of the 30-day hold period or when   { - the
Division notifies the lottery commission that a garnishment
proceeding will not be initiated, whichever is sooner - }
 { + the lottery commission receives notice that a garnishment
proceeding will not be initiated from:
  (A) The Division of Child Support of the Department of Justice,
if the person entitled to payment of the lottery prize is
delinquent in paying child support obligations;
  (B) The State Court Administrator, if the person entitled to
payment of the lottery prize is delinquent in paying liquidated
accounts owing to a state court or owing to a commission,
department or division in the judicial branch of state
government; or
  (C) The Division of Child Support of the Department of Justice
and the State Court Administrator if the person entitled to
payment of the lottery prize is delinquent in paying child
support obligations and in paying liquidated accounts owing to a
state court or owing to a commission, department or division in
the judicial branch of state government + }.
  (2) The lottery commission shall establish and operate   { - a
data match system - }   { + separate data match systems + } using
automated data exchanges with the Division   { - that
identifies - }   { + of Child Support of the Department of
Justice and with the State Court Administrator to identify + }
delinquent child support obligors  { + and debtors who are
delinquent in paying liquidated accounts owing to a state court
or owing to a commission, department or division in the judicial
branch of state government + }. Any information necessary to
identify   { - delinquent obligors - }   { + such obligors or
debtors  + }and { +  to + } hold a payment on a prize shall be
 { + made + } available to the lottery commission through the
data match system.
  (3) The Department of Justice { + , the State Court
Administrator + } and the Oregon State Lottery Commission shall
enter into an agreement regarding the procedures required by
subsections (1) and (2) of this section.
   { +  (4) If the person entitled to payment of the lottery
prize is delinquent in paying child support obligations and in
paying liquidated accounts owing to a state court or owing to a
commission, department or division in the judicial branch of
state government, and garnishment proceedings are initiated by
both the Division of Child Support of the Department of Justice
and the State Court Administrator within the 30-day hold period
established under subsection (1)(b) of this section, the proceeds
of the lottery prize shall be applied first against the
garnishment of the Division of Child Support of the Department of
Justice. + }
 
  SECTION 2.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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