75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 731
 
LC 3000/SB 731-8
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 731
 
     By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
 
                            April 29
 
  On page 1 of the printed bill, line 2, delete '18.345,'.
  Delete lines 9 through 16 and insert:
  '  { +  SECTION 2. + } (1) If a writ of garnishment is
delivered to a financial institution that has an account of the
debtor, and one or more payments described in subsection (2) of
this section were deposited in the account by direct deposit or
electronic payment during the calendar month that preceded the
month in which the writ of garnishment is delivered to the
financial institution, an amount equal to the lesser of the sum
of those payments or the total balance in the debtor's account is
not subject to garnishment.
  ' (2) The provisions of this section apply only to:'.
  In line 17, after 'plan' insert 'as defined in ORS 18.358'.
  In line 21, after 'benefits' insert 'payments'.
  After line 23, insert:
  ' (3) The provisions of this section apply only to:
  ' (a) Payments that a financial institution can readily
identify as being one of the types of payments described in
subsection (2) of this section; or
  ' (b) Payments for which the debtor has given a financial
institution written notification under subsection (4) of this
section.
  ' (4)(a) At the time a person opens a new account with a
financial institution in this state, the financial institution
may require that the person sign an affidavit indicating whether
the person is receiving any of the payments described in
subsection (2) of this section that will be deposited in the
account by direct deposit or electronic payment.
  ' (b) A financial institution in this state shall make
available a form of affidavit that a person may use when opening
an account, or may use at any time while the account is open, to
indicate that the person is receiving any of the payments
described in subsection (2) of this section that will be
deposited in the account by direct deposit or electronic payment.
  ' (c) Without regard to whether an affidavit has been signed
under this subsection, payments that are subject to subsection
(1) of this section and that can be readily identified by the
financial institution as one of the types of payments described
in subsection (2) of this section are not subject to garnishment.
  ' (5) A financial institution is not liable to any person for
any determination made in good faith, as defined in ORS 73.0103,
with respect to whether amounts are subject to garnishment under
this section.'.
  In line 24, delete '(3)' and insert '(6)'.
  On page 2, delete lines 13 and 14 and insert:
  ' (G) Amounts in an account in a financial institution that are
not subject to garnishment under section 2 of this 2009 Act.'.
  On page 3, delete lines 11 through 45.
  On page 4, delete lines 1 through 29.
  Delete lines 33 through 45 and insert:
  '  { +  SECTION 5. + } ORS 18.790 is amended to read:
  ' 18.790. (1) Except as provided in subsection   { - (2) - }
 { +  (4) + } of this section,   { - the garnishor must pay a $10
search fee - }  at the time of delivery of any writ of
garnishment on a financial institution  { - , - }  or at the time
a notice of garnishment is delivered to the financial institution
under ORS 18.854 { + :
  ' (a) A search fee of $10 must be paid to the financial
institution if the garnishor is the Department of Revenue.
  ' (b) A search fee of $15 must be paid to the financial
institution if the garnishor is a person other than the
department + }.
  '  { +  (2) + } A separate search fee must be
 { - delivered - }   { + paid under this section + } to the
financial institution for each debtor if the writ is issued for
more than one debtor under ORS 18.607 (5).
  '  { +  (3) + } If the search fee required   { - by - }
 { + under + } this section is not paid:
  ' (a) The garnishment is not effective to garnish any property
of the debtor; and
  ' (b) The financial institution need not file a garnishee
response.
  '  { - (2) - }  { +  (4) + } The search fee   { - provided for
in - }   { + required under + } this section need not be paid to
a financial institution if the debtor is an employee of the
financial institution.
  '  { - (3) - }  { +  (5) + } Notwithstanding subsection (1) of
this section, a financial institution may enter into an agreement
with any state agency authorized to garnish pursuant to ORS
18.645 or 18.854 for periodic billing and payment of garnishee
search fees required under this section.
  '  { - (4) - }  { +  (6) + } The right of a financial
institution to receive the search fee   { - provided for in - }
 { + required under + } this section does not in any way restrict
or impair the right of the financial institution to charge and
collect an additional garnishment processing fee from any debtor
whose property the financial institution holds, or to whom the
financial institution owes money. However, a financial
institution may not charge or collect a garnishment processing
fee in violation of ORS 652.610. If a financial institution
charges a garnishment processing fee, the financial institution
may collect the fee by deducting the amount of the fee from any
amount that the financial institution owes to the debtor.
  '  { +  (7) A financial institution may not charge or collect a
garnishment processing fee under subsection (6) of this section
for a writ of garnishment if none of the debtor's property held
by the financial institution is subject to garnishment. + } ' .
  On page 5, delete lines 1 through 10.
  In line 14, delete '7' and insert '6'.
  In line 34, delete '8' and insert '7'.
  On page 6, line 36, delete '9' and insert '8'.
  On page 10, line 44, delete '10' and insert '9'.
  On page 17, delete lines 42 through 45 and insert:
  ' If you hold an account for the debtor, and any of the
following payments has been identified by the debtor, or can
readily be identified by you, as having been deposited in the
account by direct deposit or electronic payment during the
calendar month that preceded the month in which the writ of
garnishment was delivered to you, an amount equal to the lesser
of the sum of those payments or the total balance in the debtor's
account is not subject to garnishment, and you may not deliver
that amount to the garnishor:'.
  On page 18, line 5, after 'benefits' insert 'payments'.
  In line 26, delete '11' and insert '10'.
  On page 19, line 14, delete 'should' and insert 'may'.
  On page 20, line 17, restore '$400' and delete '$1,000'.
  On page 21, line 27, delete '12' and insert '11'.
  On page 24, line 41, restore '$400' and delete '$1,000'.
  On page 25, line 14, delete '13' and insert '12' and delete
'18.345,'.
  In line 15, delete '12' and insert '11'.
  In line 21, delete '14' and insert '13'.
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