Chapter 930 Oregon Laws 1999
Session Law
AN ACT
HB 2229
Relating to procedures for
automated administrative support enforcement services; creating new provisions;
amending ORS 29.125 and section 122, chapter 746, Oregon Laws 1997; and
limiting expenditures.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS 25.010 to 25.243.
SECTION 2. (1) As necessary to meet the requirements
of 42 U.S.C. 666(a)(14), the Support Enforcement Division of the Department of
Justice, when requested by another state, shall provide high-volume automated
administrative enforcement services. In providing services to another state
under this section, the division may:
(a) Through automated data
matches with financial institutions and other entities where assets may be
found, identify assets owned by persons who owe child support in other states;
and
(b) Seize such assets
through levy or by other appropriate processes. For purposes of this paragraph,
"levy" means the process for garnishment under ORS 29.137 (3) or
execution under ORS 23.050 (2) or such other processes to seize property as the
division is authorized by law to use.
(2) A request by another
state for services provided under subsection (1) of this section:
(a) Must include
information, as required by rule, that will enable the department to compare
the information about the case with information in databases within Oregon; and
(b) Constitutes a
certification by the state requesting the services:
(A) Of the amount of
periodic support under an order, the payment of which is in arrears; and
(B) That it has complied
with all procedural due process requirements applicable to the case.
(3) The administrator is
authorized to request from other states services of the type provided under
subsection (1) of this section.
SECTION 3.
ORS 29.125, as amended by section 40, chapter 704, Oregon Laws 1997, and
section 37, chapter 80, Oregon Laws 1999 (Enrolled Senate Bill 29), is amended
to read:
29.125. As used in ORS 29.125 to 29.375 and 29.401 to 29.415:
(1) "Administrator" means either the Administrator of
the Support Enforcement Division of the Department of Justice or the authorized
representative of the administrator, or the district attorney or the authorized
representative of the district attorney.
(2) "Defendant" means a person whose property is
being garnished by a plaintiff and includes a judgment debtor after entry of
judgment.
(3) "Garnishee" means a person other than a plaintiff
or a defendant who is in possession of property of a defendant and who has been
garnished in accordance with the provisions of ORS 29.125 to 29.375 and 29.401
to 29.415.
(4) "Judgment" includes but is not limited to the
support arrearage as shown on the support records of the Department of Justice
pursuant to ORS 25.020 and 25.330, even though such records may not constitute
a full record of the support arrearage owed.
(5) "Past due support" means the amount of child or
spousal support, or both, determined under a court or administrative order in a
proceeding under ORS chapter 107, 108, 109, 416, 419B or 419C or ORS 110.300 to
110.441 that has not been paid or is
certified to be owed by another state under section 2 of this 1999 Act.
(6) "Person" includes individuals, partnerships and
corporations.
(7) "Plaintiff" means a person who is garnishing
property of a defendant and includes a judgment creditor after entry of
judgment.
(8) "Sheriff" includes constables and their deputies.
(9) "Stock" includes rights or shares in an
association or corporation with interest and profits thereon.
(10) "Writ of garnishment" includes writs issued
under ORS 29.125 to 29.375 and 29.401 to 29.415.
SECTION 4.
Section 122, chapter 746, Oregon Laws 1997, is amended to read:
Sec. 122. (1) Upon
request of the Department of Human Resources and the receipt of the
certification required under subsection (2) of this section, a financial
institution shall provide financial records of a customer.
(2) In requesting information under subsection (1) of this
section, the department shall provide the name and Social Security number of
the person whose financial records are sought and shall state with reasonable
specificity the financial records requested. The department shall certify to
the financial institution in writing, signed by an agent of the department:
(a) That the person whose financial records are sought is a
party to a proceeding to establish, modify or enforce the child support
obligation of the person; and
(b) That the department has authorization from the person for
release of the financial records, has given the person written notice of its
request for financial records or will give the notice within five days after
the financial institution responds to the request.
(3) The department shall reimburse a financial institution
supplying financial records under this section for actual costs incurred.
(4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(u)), that supplies financial records to the
department under this section is not liable to any person for any loss, damage
or injury arising out of or in any way pertaining to the disclosure of the
financial records.
(5) A financial institution that is requested to supply
financial records under this section may enter into an agreement with the
department concerning the method by which requests for financial records and
responses from the financial institution shall be made.
(6) The department shall provide a reasonable time to the
financial institution for responding to a request for financial records.
(7) The department shall seek financial records under this
section only:
(a) With respect to a person
who is a party to a proceeding to establish, modify or enforce the child
support obligation of the person; or
(b) According to the
provisions of section 2 of this 1999 Act.
SECTION 5. Section 6 of this 1999 Act is added to and
made a part of ORS 29.125 to 29.375.
SECTION 6. When the administrator issues a writ of
garnishment, the provisions of ORS 29.125 to 29.375 shall apply, except that:
(1) The original certificate
of garnishee must be returned to the administrator.
(2) Notwithstanding ORS
29.139 (3)(i), the administrator shall hold any funds received from the
garnishee for the period provided in ORS 29.142 for filing a claim of
exemption.
(3) A claim of exemption
must be filed with the clerk of the court in the county where the judgment
ordering support is entered or registered and must include the name and address
of the petitioner.
(4) Notwithstanding
subsection (3) of this section, if a writ of garnishment is issued under
section 2 of this 1999 Act, the defendant may:
(a) Challenge the
enforcement of the past due support in the appropriate tribunal of the state
upon whose request the writ was issued as indicated in the writ of garnishment;
or
(b) File a claim of
exemption under ORS 29.142 with the clerk of the court in the county in which
the property is located, if the defendant:
(A) Files a copy of the writ
of garnishment with the clerk of the court; and
(B) Pays the filing fee
required for an appearance under ORS chapter 21.
(5) When a claim of
exemption is filed under this section, the clerk of the court shall enter the filing
in the court register and proceed as provided in ORS 29.142.
(6) Immediately upon receipt
of a notice under ORS 29.142 (2)(a), the administrator shall file with the
clerk of the court a response to the claim of exemption, attaching copies of
the writ of garnishment and the original certificate of garnishee, certified by
the administrator, and any supporting documentation necessary or helpful to the
court in making a determination of the claim of exemption.
(7) The administrator shall
modify the forms provided in ORS 29.147 and 29.225 to reflect the provisions of
this section.
SECTION 7. Notwithstanding any other law, the maximum
limit for payment of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal funds,
collected or received by the Department of Justice in section 2, chapter 268,
Oregon Laws 1999 (Enrolled Senate Bill 5520), is increased by $373,582.
Approved by the Governor
August 4, 1999
Filed in the office of
Secretary of State August 4, 1999
Effective date October 23,
1999
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