Chapter 798 Oregon Laws 1999

Session Law

AN ACT

HB 2225

Relating to distribution of support payments; amending ORS 25.020 and 98.352.

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

SECTION 1. ORS 25.020, as amended by section 14, chapter 704, Oregon Laws 1997, is amended to read:

25.020. (1) Support payments for or on behalf of any person, ordered, registered or filed pursuant to ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C shall be made to the Department of Justice:

(a) During periods for which support is assigned pursuant to ORS 418.032, 418.042, 419B.406 or 419C.597;

(b) As provided by rules adopted pursuant to ORS 409.021 or under ORS 180.340 when public assistance as defined by ORS 411.010 is provided to a person who receives or has a right to receive support payments on the person's own behalf or on behalf of another person;

(d) For any period during which support enforcement services are provided pursuant to the child support enforcement program created by Title IV-D of the Social Security Act or pursuant to ORS 25.080;

(e) When ordered by the court pursuant to ORS 419B.400; or

(f) When ordered by the court under any other applicable provision of law.

(2) The department shall disburse payments, after lawful deduction of fees and in accordance with applicable statutes and rules, to those persons and entities that are lawfully entitled to receive such payments.

(3) The department may immediately transmit payments received from any obligor who has not previously tendered any payment by a check or instrument which was not paid or was dishonored, to the obligee, without waiting for payment or clearance of the check or instrument received.

(4) The Department of Justice shall notify each obligor and obligee by mail when support payments shall be made to the department and when the obligation to make payments in this manner shall cease.

(5) The decree or order shall contain the residence, mailing or contact address and Social Security number of the obligee and obligor and, in addition, the business address of the obligor. Each person shall inform the court and the Department of Justice in writing of any change in the address required by this subsection within 10 days after such change. The Department of Justice may also require of the parties any additional information which is authorized by law and is necessary for the operation of support enforcement and collection activities.

(6) Subject to ORS 25.030, this section, to the extent it imposes any duty or function upon the Department of Justice, shall be deemed to supersede any provisions of ORS chapters 107, 108, 109, 416, 419A, 419B and 419C and ORS 110.300 to 110.441 which would otherwise impose the same duties or functions upon the county clerk or the Department of Human Resources.

(7) Except as provided for in subsections (8), (9) and (10) of this section, credit shall not be given for payments not made to the department as required pursuant to subsection (1) of this section.

(8) The department shall give credit for payments not made to the department when:

(a) Payments are not assigned to this or another state and the obligee and obligor agree in writing that specific payments were made and should be credited;

(b) Payments are assigned to the State of Oregon, the obligor and obligee make sworn written statements that specific payments were made, canceled checks or other substantial evidence is presented to corroborate their statements and the obligee has been given prior written notice of any potential criminal or civil liability that may attach to an admission of the receipt of assigned support;

(c) Payments are assigned to another state and that state verifies that payments not paid to the department were received by the other state; or

(d) As provided by rule adopted pursuant to ORS 409.021 or under ORS 180.340.

(9) An obligor may apply to the department for credit for payments made other than to the department. If the obligee or other state does not provide the agreement, sworn statement or verification required by subsection (8) of this section, credit may be given pursuant to order of a hearings officer of the Department of Human Resources after notice and opportunity to object and be heard are given to both obligor and obligee. Notice shall be served upon the obligee as provided by ORS 25.085. Notice to the obligor may be by regular mail at the address provided in the application for credit. A hearing conducted under this subsection is a contested case hearing and ORS 183.413 to 183.470 apply. Any party may seek a hearing de novo in the circuit court.

(10) Nothing in this section precludes the department from giving credit for payments not made to the department when there has been a judicially determined credit or satisfaction or when there has been a satisfaction of support executed by the person to whom support is owed.

(11) The Department of Human Resources shall adopt rules that:

(a) Direct how support payments that are made through the Department of Justice are to be applied and distributed; and

(b) Are consistent with federal regulations.

SECTION 2. ORS 98.352 is amended to read:

98.352. (1) Every person holding funds or other property, tangible or intangible, presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall report and pay or deliver to the Division of State Lands all property presumed abandoned as provided in this section, except that:

(a) Funds transferred to the General Fund [pursuant to] under ORS 293.455 (1)(a) shall only be reported to the division.

(b) Funds in the possession of the Child Support Program created under ORS 409.021 shall only be reported to the division.

(2) The report shall be verified as to the accuracy of the information contained and shall include:

(a) Except with respect to traveler's checks and money orders, the name, if known, and address, if known, of each person appearing from the records of the holder to be the owner of any property of value of $50 or more presumed abandoned under ORS 98.302 to 98.436 and 98.992;

(b) In case of unclaimed funds of life insurance corporations, the full name of the insured or annuitant and last-known address according to the life insurance corporation's records;

(c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $50 each may be reported in aggregate;

(d) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and

(e) Other information [which] that the division prescribes by rule as necessary for the administration of ORS 98.302 to 98.436 and 98.992.

(3) If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has had a name change while holding the property, the holder shall file with the report all prior known names and addresses and effective dates of changes if known of each holder of the property.

(4) The report shall be filed after October 1, but no later than November 1 of each year for accounts dormant as of June 30. The division may postpone the reporting date upon written request by any person required to file a report. All records are exempt from public review for 12 months from the time the property is reportable and for 24 months after the property has been remitted to the division. All lists of records or property held by a government or public authority [pursuant to] under ORS 98.336 shall be exempt from public review until 24 months after the property is remitted to the division.

(5) If the holder of property presumed abandoned under ORS 98.302 to 98.436 and 98.992 knows the whereabouts of the owner and if the owner's claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.

(6) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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