Chapter 153 Oregon Laws 1999

Session Law

AN ACT

HB 2059

Relating to orders of the State Landscape Contractors Board; creating new provisions; and amending ORS 29.137, 205.125, 205.126 and 671.707 and section 46, chapter 746, Oregon Laws 1997.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 671.707 is amended to read:

671.707. [A final determination on a claim under ORS 671.703 shall have the effect of a final determination given by a court of this state in any subsequent proceeding or action.] (1) If a final order of the State Landscape Contractors Board is not paid by the registrant, the board shall notify the surety on the registrant's bond.

(2) An order of the board that determines a claim under ORS 671.703 that becomes final by operation of law or on appeal and remains unpaid for 20 days after the order becomes final is an order in favor of the claimant against the registrant and may be recorded with the county clerk in any county of this state.

(3) Upon receipt, the clerk shall record the order in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record pursuant to this section has the effect provided for in ORS 205.125 and 205.126, and the order may be enforced as provided in ORS 205.125 and 205.126.

SECTION 2. ORS 29.137 is amended to read:

29.137. This section establishes by whom and for whom writs of garnishment are issued. Such writs may be issued only by and for the following described persons:

(1) The clerk of the court shall issue one or more writs of garnishment upon proper application and payment of the appropriate fee. Issuance under this subsection shall be by the clerk of the court for the county in which a judgment was originally entered or, if a judgment is from another jurisdiction and is registered in this state, the clerk of the court for the county in which the judgment was first filed in this state. A writ of garnishment may be issued by the clerk of a circuit court for the county in which a judgment debtor resides if the judgment creditor or the attorney for the judgment creditor has complied with the requirements of ORS 23.030 (2) to (5). The provisions of ORS 29.138 apply to writs issued by a clerk under this subsection. Clerks will issue writs only for the following persons under this subsection:

(a) A person who complies with the requirements of ORCP 82 A(3), (5) and (6), 82 B to G, 83 and 84.

(b) A person on whose behalf a judgment requiring the payment of money has been entered in the register of actions.

(2) An attorney who is an active member of the Oregon State Bar may issue one or more writs of garnishment. The provisions of ORS 29.139 apply to writs issued by attorneys. Attorneys will issue writs under this subsection only for:

(a) A person on whose behalf a judgment requiring the payment of money has been entered in the register of actions of a court of this state;

(b) An agency that has recorded an order in the County Clerk Lien Record as authorized by law; or

(3) Writs of garnishments for an agency under subsection (2)(b) of this section, or for a claimant under subsection (2)(c) of this section, shall be issued in the manner provided by ORS 29.357.

SECTION 3. Section 46, chapter 746, Oregon Laws 1997, as amended by sections 46a and 46b, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 46. This section establishes by whom and for whom writs of garnishment are issued. Such writs may be issued only by and for the following described persons:

(a) A person who complies with the requirements of ORCP 82 A(3), (5) and (6), 82 B to G, 83 and 84.

(b) A person on whose behalf a judgment requiring the payment of money has been entered in the register of actions.

(2) An attorney who is an active member of the Oregon State Bar may issue one or more writs of garnishment. The provisions of section 47, chapter 746, Oregon Laws 1997, [of this Act] apply to writs issued by attorneys. Attorneys will issue writs under this subsection only for:

(a) A person on whose behalf a judgment requiring the payment of money has been entered in the register of actions of a court of this state;

(b) An agency that has recorded an order in the County Clerk Lien Record as authorized by law; or

(3) The Administrator of the Support Enforcement Division may issue one or more writs of garnishment. The provisions of section 47, chapter 746, Oregon Laws 1997, [of this Act] apply to writs issued by the administrator. The administrator may issue writs under this subsection only for cases in which past due support is owed.

(4) Writs of garnishments for an agency under subsection (2)(b) of this section, or for a claimant under subsection (2)(c) of this section, shall be issued in the manner provided by ORS 29.357.

SECTION 4. Nothing in the amendments to ORS 29.137 or section 46, chapter 746, Oregon Laws 1997, by section 2 or 3 of this 1999 Act affects the operative-in-lieu or repealing provisions of section 1, chapter 746, Oregon Laws 1997.

SECTION 4a. If Senate Bill 29 becomes law, sections 3 (amending section 46, chapter 746, Oregon Laws 1997) and 4 of this 1999 Act are repealed.

SECTION 5. ORS 205.125 is amended to read:

205.125. (1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded:

(a) The name of any person subject to the order or warrant.

(b) The name of the officer or agency that issued the warrant or order or the name of the claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given.

(c) The amount of any monetary obligation imposed by the order or warrant, and the name of all persons against whom the obligation is imposed.

(d) The date on which the order or warrant was received and recorded.

(e) Full or partial satisfaction, if any, of any lien claim created by the order or warrant.

(f) Such other information as may be considered necessary by the county clerk.

(2) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant shall have the attributes and effect of a judgment that has been entered in the register and docketed in the judgment docket of the circuit court for that county, including but not limited to the creation of a lien in favor of the officer or agency issuing the order or warrant or in favor of the claimant in the proceedings before the Construction Contractors Board or State Landscape Contractors Board, renewal and enforcement by supplementary proceedings, writs of execution, notices of garnishment and writs of garnishment.

(3) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant becomes a lien upon any interest in real property of the person against whom the order or warrant is issued in the county where the order or warrant is recorded.

(4) In addition to any other remedy provided by law, orders and warrants recorded in the County Clerk Lien Record may be enforced as provided in ORS 205.126.

SECTION 6. ORS 205.126 is amended to read:

205.126. (1) At any time after recording an order or warrant in the County Clerk Lien Record, a claimant or an attorney for an agency or claimant may file in the circuit court for the county where the order or warrant is recorded, a copy of the original order or warrant certified by the agency to be a true copy of original, and an affidavit of the claimant or attorney verifying that the order or warrant was recorded in the County Clerk Lien Record for that county, the date that the order or warrant was recorded and the date on which any notice of renewal was recorded under subsection (2) of this section. Subject to any other requirements that may apply to the enforcement remedy sought by the agency or claimant, proceedings may thereafter be commenced by the agency or claimant for the enforcement of the order or warrant, in the same manner as provided for the enforcement of judgments issued by a court. Enforcement proceedings may include:

(a) Writ of execution proceedings under ORS 23.030 to 23.105 and 23.410 to 23.600.

(b) Supplementary proceedings under ORS 23.710 to 23.730.

(d) A writ of garnishment issued by the clerk of the court on behalf of a claimant pursuant to ORS 29.137 (1).

(2) At any time within 10 years after the recording of an order or warrant, an agency or claimant, acting with or without the assistance of an attorney, may renew an order or warrant by recording a notice of renewal in the County Clerk Lien Record. A notice of renewal recorded within the time specified by this subsection has the attributes and effect of a renewal of judgment noted in the register and judgment docket, as provided in ORS 18.360, from the date that the notice is recorded. A notice of renewal recorded under this section must state:

(a) The name of the agency that issued the warrant or order or the name of the claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given;

(b) The name of all persons against whom a monetary obligation is imposed under the order or warrant; and

(c) The date of recording and the recording number, the book and page number for the recording, or the volume and page number for the recording.

(3) For the purposes of this section:

(a) "Agency" means any state officer, board, commission, corporation, institution, department or other state body that has authority to record an order or warrant in the County Clerk Lien Record.

(b) "Claimant" means a person in favor of which a board order has been recorded under the provisions of ORS 701.150 or 671.707.

SECTION 7. The amendments to ORS 29.137 and section 46, chapter 746, Oregon Laws 1997, by sections 2 and 3 of this 1999 Act apply only to writs of garnishment issued on or after the effective date of this 1999 Act.

SECTION 7a. If Senate Bill 29 becomes law, section 7 of this 1999 Act is amended to read:

Sec. 7. The amendments to ORS 29.137 [and section 46, chapter 746, Oregon Laws 1997,] by [sections 2 and 3] section 2 of this 1999 Act apply only to writs of garnishment issued on or after the effective date of this 1999 Act.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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