Chapter 80 Oregon Laws 1999

Session Law

AN ACT

SB 29

Relating to child support program changes mandated by welfare reform; creating new provisions; amending ORS 18.320, 18.325, 23.050, 23.170, 25.010, 25.020, 25.030, 25.070, 25.100, 25.130, 25.150, 25.160, 25.255, 25.260, 25.287, 25.311, 25.314, 25.315, 25.316, 25.351, 25.353, 25.355, 25.363, 25.650, 25.670, 25.680, 25.690, 25.750, 25.756, 25.759, 25.762, 25.765, 25.774, 25.780, 25.790, 25.792, 25.794, 29.125, 29.137, 29.139, 29.145, 29.147, 29.205, 29.225, 106.041, 107.135, 109.070, 109.135, 109.155, 109.251, 109.252, 109.254, 109.258, 110.303, 110.310, 110.318, 110.321, 110.327, 110.333, 110.342, 110.351, 110.354, 110.366, 110.372, 110.378, 110.399, 110.405, 110.408, 110.417, 110.432, 110.438, 180.320, 192.555, 192.557, 192.565, 238.445, 239.261, 416.430, 418.032, 418.042, 419B.406, 419C.597, 432.165, 432.287 and 432.307 and sections 24b, 89, 91, 93, 107, 117 and 123, chapter 746, Oregon Laws 1997, section 11, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), and section 4, chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318); repealing ORS 25.040, 25.060, 25.090, 25.120 and 110.328 and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, 21a, 23, 24, 24a, 25, 26, 27, 28, 29, 30, 31, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46, 46a, 46b, 47, 47a, 48, 48a, 48b, 49, 50, 51, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 72a, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 109, 110, 111, 112, 113, 114, 115, 116, 116a, 116b, 124, 125, 126, 127, 128, 128a, 129, 129a, 132, 133, 134, 134a, 134b, 134c, 135, 136, 137, 138, 139, 140, 141, 142, 142a, 142b, 143, 143a, 143b, 144, 145, 146, 147, 148 and 149, chapter 746, Oregon Laws 1997, sections 4, 5, 7 and 8, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), and sections 2 and 3, chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318); and declaring an emergency.

ARTICLE I. ENFORCEMENT

A. INCOME WITHHOLDING

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

SECTION 1. ORS 25.010, as amended by section 13, chapter 704, Oregon Laws 1997, is amended to read:

25.010. As used in ORS chapters 23, 107, 108, 109, 293, 416 and 418 and ORS 25.010 to 25.243 and 110.300 to 110.441 and any other statutes providing for support payments or support enforcement procedures, unless the context requires otherwise:

(1) "Administrator" means either the administrator of the Support Enforcement Division of the Department of Justice or a district attorney, or the administrator's or a district attorney's authorized representative.

(2) "Department" means the Department of Justice.

(3) "Disposable income" means that part of the income of an individual remaining after the deduction from the income of any amounts required to be withheld by law except laws enforcing spousal or child support and any amounts withheld to pay medical or dental insurance premiums.

(4) "Employer" means any entity or individual who engages an individual to perform work or services for which compensation is given in periodic payments or otherwise.

(5) "Income" is any monetary obligation in excess of $4.99 after the fee described in ORS 25.351 (6) has been deducted that is in the possession of a third party owed to an obligor and includes but is not limited to:

(a) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise;

(b) Periodic payments pursuant to a pension or retirement program;

(d) Interest payments;

(e) Periodic payments from a trust account;

[(d)] (f) Any program or contract to provide substitute wages during times of unemployment or disability;

[(e)] (g) Any payment pursuant to ORS chapter 657; or

[(f)] (h) Amounts payable to independent contractors.

(6) "Obligee" means a child or caretaker parent or custodian, spouse, former spouse or other dependent person for whose benefit a court or the administrator, as defined in ORS 416.400, has ordered a payment of support.

(7) "Obligor" means any person who has been ordered by a court or the administrator, as defined in ORS 416.400, to make payments for the support of a child or a caretaker parent or custodian, spouse, former spouse or other dependent person.

(8) "Order to withhold" means [a judicial] an order or other legal process [an administrative order as defined in ORS 183.310,] that requires a withholder to withhold support [payments] from [an obligor's disposable] the income of an obligor [and pay the amount withheld to another entity].

(9) "Withholder" means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor.

SECTION 2. ORS 25.311 is amended to read:

25.311. (1) [After November 4, 1993, and] Except as otherwise provided in ORS 25.317, when a support order is entered or modified by the Support Enforcement Division, a district attorney, an Employment Department hearings officer or a circuit court, including a juvenile court, the order shall include a provision requiring the obligor to pay support by income withholding. [A pleading for the entry or modification of the support order must contain a statement that payment of support under a new or modified order shall be by income withholding and that an exception to payment by income withholding may be granted under the provisions of ORS 25.317.] In addition to the income withholding provided for in this subsection, income withholding may be initiated in accordance with subsections (2) to (6) of this section.

(2) When an obligor is subject to a support order issued or registered in this state and fails to make payments at least equal to the amount of support payable for one month, a court, the Support Enforcement Division, a district attorney or the Department of Human Resources, whichever is appropriate, shall initiate income withholding without the need for a judicial or administrative hearing and without the need for advance notice to the obligor of the withholding. [Except as provided by subsection (3) of this section, the court or agency must give advance notice of the withholding as provided by ORS 25.315.]

(3) When an arrearage exists and notice of the delinquent amount has been given to the obligor, a court, upon application, shall issue a withholding order upon the ex parte request of a person holding support rights, the Support Enforcement Division or the district attorney.

[(4) The obligor may initiate a withholding order, ex parte, at any time by motion to the court or request to the Support Enforcement Division, Department of Human Resources or district attorney. No advance notice under ORS 25.315 is required for withholding initiated under this subsection.]

(4) If an obligor is not otherwise subject to income withholding:

(a) A court may issue an order to withhold upon the ex parte motion of the obligor; or

(b) The Support Enforcement Division, Department of Human Resources or district attorney may issue an order to withhold upon the ex parte motion of the obligor.

(5)(a) If an obligor is not otherwise subject to withholding, at any time upon the request of the holder of support rights, a court, the Support Enforcement Division or a district attorney, as appropriate, may issue a withholding order if after notice and an opportunity to object has been given to the obligor, a finding is made that it would be in the best interests of the child to do so.

(b) If the obligor has been granted an exception to withholding under ORS 25.317 by a court, the holder of support rights must apply for withholding under this subsection by motion to the court.

(6) A court or agency shall issue an order to withhold when a support order or an arrearage from another jurisdiction is entered in Oregon in accordance with interstate income withholding under ORS 110.300 to 110.441.

SECTION 3. ORS 25.314, as amended by section 26, chapter 704, Oregon Laws 1997, is amended to read:

25.314. (1)(a) The party initiating the support action shall serve the order to withhold on the withholder. The order may be personally served upon the withholder or the withholder's registered agent, an officer of the corporation, bookkeeper, accountant, person responsible for payroll or local office manager or may be served by any type of mail which is calculated to give actual notice and is addressed to one of the persons listed above.

(b) Notwithstanding paragraph (a) of this subsection and unless the Department of Justice, prior to initiating service, receives written notice of completion of service by another party, the department shall serve the order to withhold in all cases affecting a support order for which the department or the district attorney has responsibility under ORS 25.080 for providing support enforcement services regardless of whether the department or another party initiated the support action.

(2) The order to [the withholder] withhold shall inform the withholder of all of the following:

(a) The amount of the obligor's continuing support obligation.

(b) That the withholder is required to withhold from the obligor's disposable income due or becoming due to the obligor at each pay period an amount as determined by ORS 25.351.

(d) The information contained in ORS 25.351, 25.353 [to 25.359], 25.354, 25.355, 25.357, 25.363 and 25.722.

SECTION 4. ORS 25.315 is amended to read:

25.315. (1) When an order to withhold is [sought] issued under ORS 25.311 [and except as provided by ORS 25.311 (1), (3), (4) and (5)], the party or entity initiating the action shall send [advance] notice of the [initiation of an action] order to withhold to the obligor and the obligee by regular mail to the last-known addresses of the obligor and obligee. [No further notice need be given for subsequent income withholding.] The [advance] notice shall state:

(a) That withholding has commenced;

[(1)] (b) The amount to be withheld and the amount of arrears, if any;

[(2)] (c) That the order to withhold applies to any current or subsequent withholder or period of employment;

[(3)] (d) The procedures available for contesting the withholding and that the only basis for contesting the withholding is a mistake of fact, which means an error in the amount of current support or arrearages, or an error in the identity of the obligor;

[(4)] (e) The availability of and requirements for exceptions to withholding;

[(5)] (f) That the obligor has 14 days from the date [of the advance notice] that the income is first withheld pursuant to the order to withhold to contest the withholding; and

[(6)] (g) The actions that will be taken if the obligor contests the withholding. [; and]

[(7) The date of issuance of the advance notice.]

(2) The notice requirement of subsection (1) of this section may be met by mailing a copy of the order to withhold, by regular mail, to the obligor and to the obligee.

SECTION 5. ORS 25.316 is amended to read:

25.316. (1) An obligor [must contest] contesting an order to withhold [initiated] issued under ORS 25.311 must do so within 14 days from the date [of the advance notice issued under ORS 25.315 or within 14 days from the date] income is first withheld pursuant to the [withholding] order to withhold.

(2) The only basis for contesting the [notice] order to withhold is a mistake of fact. "Mistake of fact" means an error in the amount of current support or arrearages, or an error in the identity of the obligor. Payment of all arrearages shall not be the sole basis for not implementing withholding.

(3) If the order to withhold was issued by a court of this state, the obligor must contest the order to withhold in the court that issued the order.

(4) If the order to withhold was issued by a court or administrative agency of another state and was received directly by an employer in this state under ORS 110.399, the obligor may contest the order to withhold by:

(a) Seeking relief from enforcement of the order in the appropriate tribunal of the state that issued the order; or

(b) Registering the underlying withholding order in Oregon and seeking relief from enforcement of the order in an Oregon circuit court.

[(4)] (5) If the order to withhold was issued pursuant to a request for enforcement under ORS 25.080, the obligor may contest the order to withhold to the district attorney or the Support Enforcement Division. The district attorney or the Support Enforcement Division need not provide an opportunity for a contested case administrative hearing under ORS 183.310 to 183.550 or a hearing in circuit court. Within 45 days after the date [of the notice] income is first withheld pursuant to the order to withhold, the district attorney or the Support Enforcement Division shall determine, based on an evaluation of the facts, if the withholding shall [occur] continue and notify the obligor of the determination and of the obligor's right to appeal the determination. [If the withholding is to occur, the Support Enforcement Division or the district attorney shall send to the obligor the information required by ORS 25.314.]

[(5)] (6) Any appeal of the decision of the district attorney or the Support Enforcement Division made under subsection [(4)] (5) of this section is to the circuit court for a hearing de novo.

[(6)] (7) The initiation of proceedings to contest an order to withhold under subsection (4) of this section [Unless otherwise ordered by a court], a motion or request to contest an order to withhold or an appeal of the decision of the district attorney or the Support Enforcement Division made under subsection [(4)] (5) of this section does not act to stay withholding unless otherwise ordered by a court.

SECTION 6. ORS 25.351, as amended by section 29, chapter 704, Oregon Laws 1997, is amended to read:

25.351. (1) The withholder shall withhold from the obligor's disposable monthly income, other than workers' compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657, the amount stated in the [notice] order to withhold. The entity issuing the order to withhold shall compute this amount subject to the following:

(a) If withholding is for current support only, the amount to be withheld is the amount [of] specified as current support in the support order.

(b) If withholding is for current support and there is an arrearage, the amount to be withheld is 120 percent of the amount specified as current support in the support order. [the greater of:]

[(A) Twenty-five percent of disposable income other than workers' compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657; or]

[(B) The amount of the current monthly support order plus $1.]

[(A) Fifteen percent of disposable income other than workers' compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657;]

[(B)] (A) The amount of the last ordered monthly support.[; or]

[(C) The obligor's] (B) If there is no last ordered monthly support amount, the monthly support amount used to calculate the arrearage amount specified in the order or judgment for arrearage.

(C) If there is no last ordered monthly support amount and if there was no monthly support amount, an amount calculated under the formula established under ORS 25.275. For purposes of this subparagraph, this calculation shall be based on the obligor's current monthly gross income or, if the obligor's current monthly gross income is not known, the Oregon hourly minimum wage converted to a monthly amount based upon a 40-hour workweek, zero income for the obligee, and one joint child, regardless of how many children the parties may actually have. No rebuttals to this calculation may be allowed.

(d) Notwithstanding the amount determined to be withheld under paragraph (c) of this subsection, the obligor must retain disposable monthly income [minus] of at least 160 times the applicable federal minimum hourly wage prescribed by section 6 (a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future minimum hourly wages prescribed in that section.

(2) The amount to be withheld from unemployment compensation under ORS chapter 657 is calculated as follows:

(a) If withholding is for a current support order, regardless of the existence of arrearage, the amount to be withheld is the lesser of:

(A) Twenty-five percent of the benefits paid; or

(B) The current monthly support obligation.

(b) If withholding is for arrearage only, the amount to be withheld is the lesser of:

(A) Fifteen percent of the benefits paid; or

(B) The amount of the last ordered monthly support.

(3) The amount to be withheld from workers' compensation under ORS chapter 656 is set forth in ORS 656.234.

(4) Notwithstanding any other provision of this section, when withholding is from a lump sum payment or benefit, including but not limited to retroactive workers' compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income, the amount subject to withholding for payment of a support obligation may not exceed one-fourth of the amount of the lump sum payment or benefit.

[(4)] (5) Notwithstanding any other provision of this section, when withholding is only for arrearage assigned to this or another state, the Department of Justice may set a lesser amount to be withheld if the obligor demonstrates the withholding is prejudicial to the obligor's ability to provide for a child the obligor has a duty to support. The Department of Human Resources shall adopt rules to implement this subsection.

[(5)] (6) Except as provided in subsection (2) of this section, the withholder may deduct from the obligor's disposable income a monthly processing fee not to exceed $5. The processing fee is in addition to the amount calculated to be withheld for support, unless the amount to be withheld for support is the maximum allowed under subsection [(7)] (8) of this section, in which case the fee is deducted from the amount withheld as support.

[(6)] (7) If there are multiple withholding orders against the same obligor, the amount to be withheld is the sum of each support order calculated independently.

[(7)] (8) No withholding as calculated under this section, including the processing fee permitted in subsection [(5)] (6) of this section, shall exceed 50 percent of the obligor's net disposable income. The limit established in this subsection applies whenever withholding is implemented under this section, whether by a single order or by multiple orders against the same obligor.

[(8) If the obligor's income is not sufficient to fully comply with multiple orders requiring withholding, the distribution of the withholding shall be pursuant to rules of the IV-D child support director.]

(9) When the obligor's income is not sufficient for the withholder to fully comply with each withholding order, the withholder shall withhold the maximum amount allowed under this section. If all withholding orders for a particular obligor are payable to or through the Department of Justice, the withholder shall pay to the Department of Justice the income withheld and the Department of Justice shall determine priorities for allocating income withheld to multiple child support cases relative to that obligor. If one or more of the withholding orders for a particular obligor require payment other than to or through the Department of Justice, the withholder shall use the following to determine priorities for withholding and allocating income withheld to multiple child support cases:

(a) If the amount withheld from the obligor's income is sufficient to pay the current support due to each case but is not enough to fully comply with the withholding order for each case where past due support is owed, the withholder shall:

(A) Pay to each case the amount of support due for the current month; and

(B) Pay the remainder of the amount withheld in equal amounts to each case where arrearages are owed. However, no case shall receive more than the total amount of current support and past due support owed to that case at the time the payment is made.

(b) If the amount withheld is not sufficient to pay the current support due to each case, each case shall be paid a proportionate share of the amount withheld. The withholder shall determine this for each case by dividing the monthly amount ordered as current support for that case by the combined monthly amount ordered as current support for all cases relative to the same obligor, and multiplying this percentage by the total amount withheld.

[(9)] (10) An order to withhold income is not subject to the limitations of ORS 23.185.

(11) A withholder shall withhold funds as directed in the order to withhold, except that when a withholder receives an income-withholding order issued by another state, the withholder shall apply the income-withholding law of the state of the obligor's principal place of employment in determining:

(a) The withholder's fee for processing an income-withholding order;

(b) The maximum amount permitted to be withheld from the obligor's income;

(c) The time periods within which the withholder must implement the income-withholding order and forward the child support payment;

(d) The priorities for withholding and allocating income withheld for multiple child support obligees; and

(e) Any withholding terms or conditions not specified in the order.

SECTION 7. ORS 25.353, as amended by section 30, chapter 704, Oregon Laws 1997, is amended to read:

25.353. If the obligor's support obligation is required to be paid monthly and pay periods are at more frequent intervals, the withholder shall [withhold the maximum amount allowed under ORS 25.351 (7) from each pay period until the complete monthly obligation has been met. However, the withholder may withhold and pay over an equal amount at each pay period cumulatively sufficient to pay the monthly support obligation plus any processing fee if:], at the withholder's option:

(1) Withhold up to the full amount specified in the order to withhold, not to exceed the maximum amount allowed under ORS 25.351 (8), from each pay period until the complete monthly obligation has been met; or

(2) Divide the full amount specified in the order to withhold, plus the withholder's processing fee, if any, by the number of pay periods anticipated for the month, and then withhold the resultant dollar amount each pay period.

[(1) The withholding is for current support only; and]

[(2) There are no arrears.]

SECTION 8. ORS 25.355, as amended by section 31, chapter 704, Oregon Laws 1997, is amended to read:

25.355. (1) The withholder shall start withholding not later than five days after the first payday following receipt of the [notice] order to withhold.

(2) Within [10] seven business days after the date the obligor receives income, the withholder shall [identify and make payments and shall specify the date upon which income was withheld. The withholder shall make payments and send notification to the Department of Justice, the clerk of the court out of which the order is issued or to the obligee by deposit into the obligee's bank account, whichever is appropriate.] pay amounts withheld to the Department of Justice or to the obligee by deposit into the obligee's bank account, whichever is specified in the order to withhold. The withholder shall include, with the payment, the obligor's name and case number and the date upon which the income was withheld.

(3) When payments are made to the Department of Justice, the withholder may combine amounts withheld from different obligors' incomes in a single payment as long as such payment is accompanied by a list that separately identifies which portion of the payment is attributable to each obligor, the obligor's name and case number, if any.

(4) As used in this section, the term "business day" means a day on which the Department of Justice is open for regular business.

SECTION 9. ORS 25.363 is amended to read:

25.363. [(1) No withholder who is served with an order to withhold under ORS 25.314 and complies with the terms of the order is liable for wrongful withholding to the obligor or to any other person claiming rights derived from the obligor.]

(1) No withholder is subject to civil liability to an individual or agency for conduct or actions in compliance with an order to withhold if the withholder:

(a) Is served with an order to withhold under ORS 25.314 that is regular on its face; and

(b) Complies with the terms of the order if the order appears to be in compliance with ORS 25.314.

(2) The withholder is liable for all amounts [which] that the withholder fails to withhold or pay as required by the order to withhold or withholds or pays in excess of the amount required by the order to withhold. The holder of support rights, the obligor, the Support Enforcement Division or a district attorney may bring an action [to recover from] against the withholder:

(a) [All amounts that the withholder should have withheld or failed to pay; and] To recover all amounts that the withholder failed to withhold or pay or withheld or paid in excess of the amount required;

(b) To recover an additional amount as damages not to exceed the amount referred to in paragraph (a) of this subsection[.]; and

(c) If the failure to withhold was willful or the result of gross negligence by the withholder, to have an additional amount imposed as a fine payable to the court not to exceed $250 for each time the withholder failed to withhold or pay or withheld or paid an amount exceeding the amount required and to pay reasonable costs of the action including attorney fees.

(3)(a) An employer commits an unlawful employment practice if the employer discharges an employee, refuses to hire an individual or in any other manner discriminates, [or] retaliates or takes disciplinary action against an obligor because of the entry or service of an order [of withholding] to withhold under ORS 25.311 and 25.314 or because of the obligations or additional obligations that the order imposes upon the employer. An obligor may bring an action to recover compensatory damages and a civil penalty not to exceed $1,000 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the same manner as provided in ORS 659.040 to 659.110 and 659.121 for the enforcement of an unlawful employment practice. The Commissioner of the Bureau of Labor and Industries may in addition to the remedies provided for under ORS chapter 659, impose a civil penalty not to exceed $1,000. These remedies are in addition to any other remedy available in law or equity.

(b) Paragraph (a) of this subsection does not apply to actions taken by an employer pursuant to any condition of employment required by law.

(4) Nothing in ORS 25.311 to 25.318, 25.351 to 25.367 and 25.722 precludes an action for contempt for disobedience of a judicial order to withhold.

B. HEALTH INSURANCE

SECTION 10. ORS 25.255 is amended to read:

25.255. (1) All child support orders entered pursuant to ORS chapters 107, 108 and 109 and ORS 110.300 to 110.441, 416.400 to 416.470 and 419B.400 or 419C.590, and any modifications of those orders, shall provide, at the election of the obligee, assignee of the rights to medical support under the Medicaid program or the assignee of current support rights, that the obligor shall name the subject child as beneficiary on any health insurance plan that is available, under the terms of an applicable contract, to the obligor at reasonable cost. Health insurance is considered reasonable in cost if it is employment related insurance or other group health insurance, regardless of service delivery mechanism, and is available on a group basis or through an employer or union at a monthly cost, with respect to the coverage of the subject child, not to exceed the amount of the monthly child support obligation determined under the formula provided by ORS 25.275 and 25.280. In consideration of the out-of-pocket costs to the obligor attributable to naming a child on a health insurance plan, the Administrator of the Support Enforcement Division, an administrative hearings officer or a court shall reduce the obligor's child support obligation by the amount that represents the obligee's pro rata share, based upon the obligee's proportionate share of the combined income of the parents, of the obligor's out-of-pocket costs of health insurance of the child. When an obligor does not provide health insurance for a child, and the obligee elects to provide insurance and incurs out-of-pocket costs to provide health insurance, the Administrator of the Support Enforcement Division, an administrative hearings officer or a court shall increase the obligor's child support obligation by an amount that represents the obligor's pro rata share of the obligee's out-of-pocket costs of the health insurance attributable to enrolling the child. Nothing in this section limits the cost of the insurance which may be provided by the obligee when the obligor does not provide insurance for the child or children. However, nothing in this section shall authorize an increase in the amount of child support to be paid by the obligor in consideration of the obligee's out-of-pocket costs in an amount more than would be the obligor's pro rata share if the cost of the insurance were reasonable in cost as defined by this section. As used in this section, "health insurance" includes coverage under fee for service, health maintenance organizations, preferred provider organizations and other types of coverage under which medical services could be provided to the dependent child of an absent parent. For purposes of this section, the term "insurer" includes a group health plan, as defined in section 607 (1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167), a health maintenance organization or an entity offering a service benefit plan.

(2) If health insurance is not available to an obligor at the time a child support order is entered, the order shall include a provision requiring the obligor to provide health insurance in the future when health insurance becomes available to the obligor.

[(2)] (3) In addition to the health insurance coverage required in [subsection] subsections (1) and (2) of this section, the order shall also require the obligor to provide dependent health insurance for the benefit of the obligee if it is available at no additional cost to the obligor and in this case the provisions of this section apply. The remedy provided by this subsection is in addition to and not exclusive of any other remedy provided by law.

[(3)] (4) Where the obligor is eligible for family coverage, and upon application of the obligor, the employer, union or plan administrator shall enroll the child as a beneficiary in the health insurance plan and withhold any required premium from the obligor's income or wages. [and] If the obligor is enrolled, but fails to make application to obtain coverage for the child, and subject to the provisions of [subsection (4)] subsection (5) or (6) of this section, the [insurer] employer, union or plan administrator shall enroll the child under family coverage upon application of the child's other parent, or the department or the entity responsible for enforcement under ORS 25.080. [As provided in subsection (5) of this section,] The employer shall withhold from the employee's compensation the employee's share of premiums for health coverage as necessary and pay this amount to the insurer.

[(4)] (5) The obligee or entity responsible for support enforcement under ORS 25.080 may serve a notice of order to provide for insurance coverage in a form substantially similar to that prescribed by the Department of Human Resources on the obligor's employer or union or the employer's or union's registered agent, bookkeeper, accountant, person responsible for payroll or local office manager [in the manner prescribed for the service of summons in a civil action, or may be served by any type of mail which requests a return receipt or other written acknowledgment of receipt and is addressed to one of the persons listed in this subsection]. If a medical child support order is required under section 609 of the Employee Retirement Income Security Act of 1974, [such] the order shall be provided to the plan administrator [by regular mail or any means calculated to give actual notice of the order]. The notice of order to provide health insurance or a medical child support order may be served by regular mail or any means that is calculated to give actual notice. The notice of order or medical child support order may be issued ex parte either administratively or judicially and without advance notice to enforce the health insurance provisions of an order. [If the medical child support order enforces a previous court or administrative order requiring health coverage, the medical child support order is an ex parte order. Notice to the employer or plan administrator may be made] The notice of order or a medical child support order may be issued when the following conditions are met:

(a) An administrative or judicial order, judgment or decree requires the obligor to provide health insurance for the subject child; and

[(a)] (b) The obligor is enrolled in but fails to provide written proof to the obligee or the entity responsible for support enforcement [within 30 days of receiving notice of the order] that the child has been enrolled or application to enroll the child has been made.[;]

[(b) The obligee or the entity responsible for support enforcement serves notice of its intent to enforce the health insurance provisions of the support order on the obligor by mail at the obligor's post-office address; and]

[(c) The obligor fails within 15 days after the mailing of the notice to provide written proof to the obligee or the entity responsible for support enforcement that the health insurance coverage existed as of the date of mailing of such written proof.]

[(5) The notice of order or order requiring health insurance coverage for a child is binding on the employer or union or plan administrator upon receipt, provided that the obligor is enrolled in a plan providing for family health coverage. Upon receipt of the notice or order, or upon application of the obligor pursuant to the notice or order, the employer or union or plan administrator shall enroll the child as a beneficiary in the health insurance plan and withhold any required premium from the obligor's income or wages. If the obligor's health insurer is subject to the provisions of the Employee Retirement Income Security Act of 1974, the duties of the insurer with respect to a medical child support order are those set forth in section 609 of that Act.]

(6) Notwithstanding the provisions of subsections (4) and (5) of this section, when an obligor provides coverage and changes employment, the obligee, the Department of Human Resources or the entity responsible for enforcement under ORS 25.080 shall transfer notice of order to the new employer. Unless the obligor contests the notice of order by requesting a modification of the underlying order, the notice of order operates to enroll the child in the obligor's health plan if the employer provides health care coverage. If a medical child support order is required under section 609 of the Employee Retirement Income Security Act of 1974, the enforcing entity shall issue a medical child support order.

[(6)] (7) The signature of the custodial parent or guardian of the insured dependent is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the health services.

[(7)] (8) When an order for dependent insurance coverage is in effect or is being sought, the obligor's employer or union shall release to the obligee or the entity responsible for support enforcement, upon request, the name and address of the insurer and any plan administrator.

[(8)] (9) When an order for dependent insurance coverage is in effect or is being sought, the insurer shall release to the obligee, or to the entity responsible for support enforcement, upon request, information about the dependent coverage.

[(9)] (10) The obligor who fails to maintain the health insurance for the benefit of the child as ordered shall be liable for any health expenses incurred from the date of the order.

[(10) If health insurance is not available to an obligor at the time a child support order is entered, the order shall include a provision requiring the obligor to provide health insurance in the future at such time as health insurance becomes available to the obligor.]

(11) The remedies in [subsections (3), (4) and (5) of] this section are not exclusive. Nothing in this section precludes action by the court to enforce a judicial or docketed administrative order requiring health insurance for a child or children by imposition of remedial or punitive sanctions for contempt or otherwise.

C. LICENSE SUSPENSION

SECTION 11. ORS 25.750, as amended by section 37, chapter 704, Oregon Laws 1997, is amended to read:

25.750. (1) [On and after September 9, 1995,] All licenses, certificates, permits or registrations that a person is required by state law to possess in order to engage in an occupation or profession or to use a particular occupational or professional title, all annual licenses issued to individuals by the Oregon Liquor Control Commission, [and] all driver licenses or permits issued by the Department of Transportation and all recreational hunting and fishing licenses are subject to suspension by the respective issuing entities upon certification to the issuing entity by the Support Enforcement Division of the Department of Justice or the district attorney that a child support case record is being maintained by the Department of Justice, that the case is being enforced by the Support Enforcement Division or the district attorney under the provisions of ORS 25.080 and that one or [more, as appropriate,] both of the following conditions apply:

(a) That the [holder of] party holding the license, certificate, permit or registration is under order or judgment to pay monthly child support and is in arrears, with respect to any such judgment or order requiring the payment of child support, [for a period of three months or] in an amount [in excess of] equal to three months of support or $2,500, whichever occurs later[; and either], and:

(A) [(b) That the holder of the license, certificate, permit or registration] Has not entered into a payment agreement with the Support Enforcement Division or the district attorney with respect to those arrears and the continuing child support obligation; or

(B) [(c) That the holder of the license, certificate, permit or registration] Is not in compliance with a payment agreement entered into with the Support Enforcement Division or the district attorney[.]; or

(b) That the party holding the license, certificate, permit or registration has failed, after receiving appropriate notice, to comply with a subpoena or other procedural order relating to a paternity or child support proceeding and:

(A) Has not entered into an agreement with the Support Enforcement Division or the district attorney with respect to compliance; or

(B) Is not in compliance with such an agreement.

(2) The Department of Human Resources by rule shall specify the conditions and terms of payment agreement or other agreements, compliance with which precludes the suspension of the license, certificate, permit or registration.

SECTION 12. ORS 25.756, as amended by section 38, chapter 704, Oregon Laws 1997, is amended to read:

25.756. The Department of Justice shall enter into agreements regarding the identification of persons who are subject to the provisions of ORS 25.750 to 25.783 and who hold licenses, certificates, permits or registrations [and who are subject to the provisions of ORS 25.750 to 25.783] with:

(1) The Oregon Liquor Control Commission;

(2) All entities that issue licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, [or] profession or recreational hunting or fishing or to use a particular occupational or professional title; and

(3) The Department of Transportation.

SECTION 13. ORS 25.759, as amended by section 39, chapter 704, Oregon Laws 1997, is amended to read:

25.759. Upon identification of a person subject to suspension under ORS 25.750 to 25.783, the Department of Justice may issue a notice, sent by regular mail to both the address of record as shown in the records of the issuing entity and the address of record as shown on the Department of Justice child support file. Such notice shall contain the following information:

(1) That certain licenses, certificates, permits and registrations, which shall be specified in the notice, are subject to suspension as provided for by ORS 25.750 to 25.783.

(2) The name, Social Security number, if available, date of birth, if known, and child support case number or numbers of the person subject to the action.

(3) The amount of arrears and the amount of the monthly child support obligation or, if suspension is based on ORS 25.750 (1)(b), a description of the subpoena or other procedural order with which the person subject to the action has failed to comply.

(4) The procedures available for contesting the suspension of a license, certificate, permit or registration.

(5) That the only bases for contesting the suspension are

[that the arrears are less than $2,500 or that there is a mistake in the identity of the obligor, or, if appropriate, that the person subject to the suspension is in compliance with a previous agreement as provided for by ORS 25.750 to 25.783.]:

(a) That the arrears are not greater than three months of support or $2,500, or that there is a mistake in the identity of the obligor;

(b) That the person subject to the suspension has complied with the subpoena or other procedural order identified in subsection (3) of this section; or

(c) That the person subject to the suspension is in compliance with a previous agreement or compliance agreement as provided for by ORS 25.750 to 25.783.

(6) That the obligor may enter into a payment agreement or other agreement, prescribed by rule by the Department of Human Resources, compliance with which shall preclude the suspension under ORS 25.750 to 25.783.

(7) That the obligor has 30 days from the date of the notice to contact the Support Enforcement Division or the district attorney in order to:

(a) Contest the action in writing on a form prescribed by the Support Enforcement Division; [or]

(b) Comply with the subpoena or procedural order identified in subsection (3) of this section; or

[(b)] (c) Enter into a payment agreement authorized by ORS 25.750 and 25.762. The notice shall state that any [such] agreement must be in writing and must be entered into within 30 days of making contact with the Support Enforcement Division or the district attorney.

(8) That failure to contact the Support Enforcement Division or the district attorney within 30 days of the date of the notice shall result in notification to the issuing entity to suspend the license, certificate, permit or registration.

SECTION 14. ORS 25.762 is amended to read:

25.762. (1) If the Support Enforcement Division or the district attorney is contacted within 30 days of the date of the notice specified in ORS 25.759, the Support Enforcement Division or the district attorney and the obligor may enter into the payment agreement or other compliance agreement as provided for by rule of the Department of Human Resources. If no contest is filed or if no agreement is entered into within the time prescribed by ORS 25.750 to 25.783, or if the obligor fails to comply with the terms of an agreement previously entered into, the Support Enforcement Division or the district attorney shall advise the issuing entity to suspend the license, certificate, permit or registration forthwith.

(2) After receipt of notice to suspend from the Support Enforcement Division or the district attorney, no further administrative review or contested case proceeding within or by the issuing entity is required.

SECTION 15. ORS 25.765 is amended to read:

25.765. (1) If the obligor makes the contact within 30 days of the date of the notice as provided for in ORS 25.759, the Support Enforcement Division or the district attorney shall provide the obligor with the opportunity to [show that the arrears do not exceed $2,500, or that there is a mistake in the identity of the obligor, or that the obligor is in compliance with an agreement entered into pursuant to rules of the Department of Human Resources] contest the suspension on the bases set forth in ORS 25.759 (5). The Support Enforcement Division or the district attorney shall determine whether suspension should occur. If the Support Enforcement Division or the district attorney determines that suspension should occur, the Support Enforcement Division or the district attorney shall make a written determination of such finding.

(2) The obligor may appeal the determination described in subsection (1) of this section. Any hearing on such appeal shall be conducted by a hearings officer appointed by the Employment Department. ORS 183.310 to 183.550 shall apply and such appeal of the Support Enforcement Division's or district attorney's determination shall be de novo to the hearings officer. Any suspension is stayed pending the decision of the hearings officer. Any order of the hearings officer that supports a suspension shall result in the notification to the issuing entity by the Support Enforcement Division or the district attorney to suspend the license forthwith.

(3) After receipt of notice to suspend from the Support Enforcement Division or the district attorney, no further administrative review or contested case proceeding within or by the issuing entity is required.

SECTION 16. ORS 25.774 is amended to read:

25.774. When, at any time after suspension under ORS 25.750 to 25.783, the conditions resulting in the suspension no longer exist, the Support Enforcement Division or the district attorney shall so notify the issuing entity and shall confirm that the license, certificate, permit or registration may be reinstated contingent upon the requirements of the issuing entity. Until the issuing entity receives notice under this section, the issuing entity may not reinstate, reissue, renew or otherwise make the license, certificate, permit or registration available to the holder of the suspended license, certificate, permit or registration.

SECTION 17. ORS 25.780 is amended to read:

25.780. In addition to any other grounds for suspension provided by law[, on and after September 9, 1995]:

(1) The Oregon Liquor Control Commission and any entity that issues licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, [or] profession or recreational hunting or fishing or to use a particular occupational or professional title shall suspend without further hearing the licenses, certificates, permits or registrations [if the holder of the license, certificate, permit or registration has failed to comply with a judgment or order to pay monthly child support pursuant to the provisions of ORS 25.750 to 25.777 and the entity has been notified of the holder's noncompliance by the Administrator of the Support Enforcement Division or the district attorney.] of a person upon certification by the Administrator of the Support Enforcement Division or the district attorney that the person is subject to an order suspending the license, certificate, permit or registration. The certification must include the information specified in ORS 25.750 (1).

(2) The Department of Transportation shall suspend without further hearing the driver license or driver permit of a person [if the person has failed to comply with a judgment or order to pay monthly child support pursuant to the provisions of ORS 25.750 to 25.777 and the department has been notified of the noncompliance by the Administrator of the Support Enforcement Division or the district attorney.] upon certification by the Administrator of the Support Enforcement Division or the district attorney that the person is subject to an order suspending the license or permit. The certification must include the information specified in ORS 25.750 (1).

D. NEW HIRE REPORTING

SECTION 18. ORS 25.790 is amended to read:

25.790. (1)(a) [Within 14 days of hiring or rehiring an individual,] An employer [doing business in the State of Oregon and described in subsection (5) of this section] shall report to the Support Enforcement Division of the Department of Justice the hiring or rehiring of an individual who resides or works in the state and to whom the employer anticipates paying earnings[.] if the employer:

(A) Has employees working only in this state; or

(B) Is a multistate employer and has designated to the United States Secretary of Health and Human Services that Oregon is the employer's reporting state.

(b) The employer shall submit the report by mail or other means in accordance with rules adopted by the Department of Human Resources.

(2)(a) An employer shall make the report required by subsection (1) of this section with respect to an employee:

(A) Not later than 20 days after the date the employer hires or rehires the employee; or

(B) In the case of an employer transmitting reports magnetically or electronically, by transmissions each month not less than 12 days nor more than 16 days apart.

(b) An employer may submit a cumulative report for all individuals hired or rehired during the previous reporting period.

[(2) The report shall be submitted by mail or other means as established by rule adopted by the Support Enforcement Division. An employer may submit a cumulative report for all individuals hired or rehired during the previous 14 days.]

(3) The report required under subsection (1) of this section may be made on a W-4 form or, at the option of the employer, an equivalent form approved by the Support Enforcement Division of the Department of Justice, but must contain the employer's name, address and [state employer identification number and the employee's name and social security number] federal tax identification number and the employee's name, address and Social Security number.

(4) As used in this section:

(a) "Employee" means an individual who must file a federal withholding form W-4 under the Internal Revenue Code.

(b) "Rehire" means to re-employ any individual who was laid off, separated, furloughed, granted a leave without pay or terminated from employment for more than 45 days.

[(5) The reporting requirements of subsection (1) of this section apply to employers included in the following standard industrial codes who are doing business in the State of Oregon:]

[(a) Code 15 General Building Contractors;]

[(b) Code 17 Special Trade Contractors;]

[(c) Code 24 Lumber and Wood Products;]

[(d) Code 42 Trucking and Warehousing;]

[(e) Code 50 Wholesale Durable Goods;]

[(f) Code 55 Auto Dealers and Service Stations;]

[(g) Code 73 Business Services; and]

[(h) Code 75 Auto Repair, Services and Garages.]

SECTION 19. ORS 25.792 is amended to read:

25.792. Information received under ORS 25.790 is confidential and exempt from public disclosure, except that the Support Enforcement Division of the Department of Justice shall [release] provide information to other public agencies, upon request, [in connection with the administration of public assistance and support enforcement laws] as required by law.

ARTICLE II. PATERNITY

A. VOLUNTARY ACKNOWLEDGMENT

SECTION 20. ORS 109.070 is amended to read:

109.070. (1) The paternity of a person may be established as follows:

(a) The child of a wife cohabiting with her husband who was not impotent or sterile at the time of the conception of the child shall be conclusively presumed to be the child of her husband, whether or not the marriage of the husband and wife may be void.

(b) A child born in wedlock, there being no decree of separation from bed or board, shall be presumed to be the child of the mother's husband, whether or not the marriage of the husband and wife may be void. This shall be a disputable presumption.

(d) By filiation proceedings.

(e) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsection (2) of this section, this filing establishes paternity [as a rebuttable presumption] for all purposes.

(f) By having established paternity through a voluntary acknowledgment of paternity process in another state.

[(f)] (g) By paternity being established or declared by other provision of law.

(2)(a) A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:

(A) Sixty days after filing the voluntary acknowledgment of paternity; or

(B) The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party to the proceeding. For the purposes of this subparagraph, the date of a proceeding is the date on which an order is entered in the proceeding.

(b)(A) A signed voluntary acknowledgment of paternity filed in this state may be challenged:

(i) At any time after the 60-day period on the basis of fraud, duress or material mistake of fact. The party bringing the challenge has the burden of proof.

(ii) Within one year after the voluntary acknowledgment has been filed, unless the provisions of paragraph (c) of this subsection apply. No challenge to the voluntary acknowledgment may be allowed more than one year after the voluntary acknowledgment has been filed, unless the provisions of sub-subparagraph (i) of this subparagraph apply.

(B) Legal responsibilities arising from the voluntary acknowledgment of paternity, including child support obligations, may not be suspended during the challenge, except for good cause.

[(2)(a)] (c) No later than one year after a voluntary acknowledgment of paternity form is filed in this state and if genetic parentage tests have not been previously completed, a party to the acknowledgment or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court or to the administrator [of the Support Enforcement Division, or the administrator's designee], as defined in ORS 416.400, for an order requiring that the parties and the child submit to genetic parentage tests.

[(b)] (d) If the results of the tests exclude the male party as a possible father of the child, a party or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court for an order of nonpaternity. Upon receipt of an order of nonpaternity, the Assistant Director for Health shall correct any records maintained by the State Registrar of the Center for Health Statistics that indicate that the male party is the parent of the child.

[(c)] (e) The state child support program shall pay any costs for genetic parentage tests subject to recovery from the party who requested the tests.

SECTION 21. ORS 432.287 is amended to read:

432.287. (1) The Assistant Director for Health shall adopt by rule [the] a form of a voluntary acknowledgment of paternity that includes the minimum requirements specified by the United States Secretary of Health and Human Services. When the form is signed by both biological parents and witnessed by a third party, the form establishes paternity for all purposes [as a rebuttable presumption] when filed with the State Registrar of the Center for Health Statistics, provided there is no male parent already named on the birth certificate. Establishment of paternity under this section is subject to the provisions and the requirements in ORS 109.070. When there is no other male named as father on the child's birth certificate, the filing of such voluntary acknowledgment of paternity form shall cause the state registrar to place the name of the male parent who has signed the voluntary acknowledgment of paternity form on the birth certificate of the child or, if appropriate, issue a new birth certificate containing the name of the child's male parent, as that parent is named in the voluntary acknowledgment of paternity form. When signed by both parents in the health care facility of the child's birth within five days after the birth, the voluntary acknowledgment of paternity form is not a sworn document. When thus signed, a staff member of the health care facility shall witness the signatures of the parents. In all other circumstances, the form is a sworn document. The filing of the voluntary acknowledgment of paternity form created by this section is subject to the payment of any fees that may apply.

(2) The voluntary acknowledgment of paternity form must contain:

(a) A statement of rights and responsibilities including any rights afforded to a minor parent;

(b) A statement of the alternatives to and consequences of signing the acknowledgment;

[(b)] (c) Instructions on how to file the form with the state registrar and information about any fee required; [and]

[(c)] (d) Lines for the Social Security numbers and addresses of the parents[.]; and

(e) A statement that the rights, responsibilities, alternatives and consequences listed on the acknowledgment were read to the parties prior to signing the acknowledgment.

(3) Upon request, the state registrar shall provide a copy of any voluntary acknowledgment of paternity form to the state agency responsible for administration of the child support enforcement program created under Title IV-D of the Social Security Act. The duty imposed upon the state registrar by this section is limited to birth certificates executed and filed with the state registrar after October 1, 1995.

B. TRIALS/PARENTAGE TESTS/EVIDENCE

SECTION 22. ORS 109.135 is amended to read:

109.135. (1) All filiation proceedings shall be commenced in the circuit court and shall for all purposes be deemed suits in equity[, but either party shall have the right to trial by jury on the issue of paternity]. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure.

(2) All filiation proceedings shall be commenced and tried in the county where either the initiating party or the child resides.

SECTION 23. ORS 109.155 is amended to read:

109.155. (1) The court [or the jury], in a private hearing, shall first determine the issue of paternity. If the respondent admits the paternity, such admission shall be reduced to writing, verified by the respondent and filed with the court. If the paternity is denied, corroborating evidence, in addition to the testimony of the parent or expectant parent, shall be required.

(2) If the court [or jury] finds, from a preponderance of the evidence, that the petitioner or the respondent is the father of the child who has been, or who may be born out of wedlock, the court shall then proceed to a determination of the appropriate relief to be granted. The court may approve any settlement agreement reached between the parties and incorporate the same into any decree rendered, and it may order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief.

(3) The court, in its discretion, may postpone the hearing from time to time to facilitate any investigation or the production of such evidence as it deems appropriate.

(4) The court shall have the power to order either parent to pay such sum as it deems appropriate for the past and future support and maintenance of the child during its minority and while the child is attending school, as [described] defined in ORS 107.108, and the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care, expenses attendant with the birth and postnatal care. The court may grant the prevailing party reasonable costs of suit, which may include expert witness fees, and reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.

(5) An affidavit certifying the authenticity of documents substantiating expenses set forth in subsection (4) of this section is prima facie evidence to establish the authenticity of such documents.

SECTION 24. ORS 109.251 is amended to read:

109.251. As used in ORS 109.250 to 109.262, "blood tests" includes any test for genetic markers to determine paternity[, including but] of a type generally acknowledged as reliable by accreditation bodies designated by the Department of Human Resources in compliance with the United States Secretary of Health and Human Services, and performed by a laboratory approved by such accreditation body. "Blood tests" includes but is not limited to the Human Leucocyte Antigen Test, [and] the deoxyribonucleic acid test[. A blood test includes] and any test that extracts genetic material from any human tissue[, including but not limited to blood tissue].

SECTION 25. ORS 109.252 is amended to read:

109.252. (1) Unless the court or administrator finds good cause not to proceed in a proceeding under ORS 109.125 to 109.230 and 416.400 to 416.470, in which paternity is a relevant fact, the court or administrator, as defined in ORS 416.400, upon his or her own initiative or upon suggestion made by or on behalf of any person whose blood is involved may, or upon motion of any party to the action made at a time so as not to delay the proceedings unduly, shall order the mother, child, alleged father and any other named respondent who may be the father to submit to blood tests. If any person refuses to submit to such tests, the court or administrator may resolve the question of paternity against such person or enforce its order if the rights of others and the interests of justice so require.

(2) When child support enforcement services are being provided under ORS 25.080, the child support program shall pay any costs for blood tests subject to recovery from the party who requested the tests. If the original test result is contested prior to the entry of an order establishing paternity, the court or administrator shall order additional testing upon request and advance payment by the party making the request.

SECTION 26. ORS 109.254 is amended to read:

109.254. (1) The tests shall be made by experts qualified as examiners of genetic markers who shall be appointed by the court or administrator, as defined in ORS 416.400. Any party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of genetic markers, perform independent tests under order of the court or administrator, the results of which may be offered in evidence. The number and qualifications of such experts shall be determined by the court or administrator.

(2) The blood test results and the conclusions and explanations of the blood test experts [may be introduced into] are admissible as evidence [at trial by affidavit] of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless a written challenge to the testing procedure or the results of the blood test has been filed with the court and delivered to opposing counsel at least 10 days before any hearing set to determine the issue of paternity. Failure to make such timely challenge constitutes a waiver of the right to have the experts appear in person and is not grounds for a continuance of the hearing to determine paternity. A copy of the [affidavit, including] results, conclusions and explanations, must be furnished to both parties or their counsel at least 20 days before the date of the hearing for this subsection to apply. The court for good cause or the parties may waive the time limits established by this subsection.

(3) An affidavit documenting the chain of custody of the specimens is prima facie evidence to establish the chain of custody.

SECTION 27. ORS 109.258 is amended to read:

109.258. A disputable presumption of paternity is created if one or more blood tests result in a cumulative paternity index of 99 or greater. If the court or administrator finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence. [If the experts conclude that the blood tests show the possibility of the alleged father's paternity, admission of this evidence at trial is within the discretion of the court, depending upon the infrequency of the genetic marker.]

SECTION 28. ORS 416.430 is amended to read:

416.430. (1) The administrator may establish paternity of a child in the course of a support proceeding under ORS 416.400 to 416.470 when both parents sign statements that paternity has not been legally established and that the male parent is the father of the child. The administrator may enter an order which establishes paternity.

(2) If the parent fails to file a response denying paternity and requesting a hearing within the time period allowed in ORS 416.415 (2), then the administrator, without further notice to the parent, may enter an order, in accordance with ORS 416.415 (7), which declares and establishes the parent as the legal father of the child.

(3) Any order entered pursuant to subsection (1) or (2) of this section establishes legal paternity for all purposes. The Center for Health Statistics of the Health Division of the Department of Human Resources shall prepare a new birth certificate in the new name, if any, of the child. The original birth certificate shall be sealed and filed and may be opened only upon order of a court of competent jurisdiction.

(4)(a) If paternity is alleged under ORS 416.415 (3) and a written response denying paternity and requesting a hearing is received within the time period allowed in ORS 416.415 (2), or if the administrator determines that there is a valid issue with respect to paternity of the child, the administrator, subject to the provisions of subsections (5) and (6) of this section, shall certify the matter to the circuit court for a determination based upon the contents of the file and any evidence which may be produced at trial. The proceedings in court shall for all purposes be deemed suits in equity[, but either party shall have the right to trial by jury on the issue of paternity]. The provisions of ORS 109.145 to 109.230 apply to proceedings certified to court by the administrator pursuant to this section.

(b) Any response denying paternity and requesting a hearing shall be sent by the enforcement office to the obligee by regular mail.

(5) An action to establish paternity initiated under ORS 416.400 to 416.470 shall not be certified to court for trial unless all of the following have occurred:

(a) Blood tests have been conducted;

(b) The results of the blood tests have been served upon the parties and notice has been given that an order establishing paternity will be entered unless a written objection is received within 30 days; and

(6) Notwithstanding the provisions of subsection (5) of this section, the administrator:

(a) Shall certify the matter to court:

(A) Within 30 days of receipt by the administrator of a timely written objection to the entry of an order by a party under subsection (5)(c) of this section;

(B) When a party requests certification in writing after the administrator has received a party's written denial of paternity if at least 120 days have elapsed from receipt of the denial; or

(b) May certify the matter to court at any time under any other circumstances.

(7) [Notwithstanding ORS 109.258,] If the blood tests conducted under ORS 109.250 to 109.262 result in a cumulative paternity index of 99 or greater, evidence of the tests, together with the testimony of the parent, shall be a sufficient basis upon which to establish paternity and the administrator may enter an order declaring the alleged father as the legal father of the child unless a party objects in writing to the entry of the order. The testimony of the parent may be presented by affidavit.

(8) Prior to certification to court, the administrator may attempt to resolve the issue of paternity by discovery conducted under the Oregon Rules of Civil Procedure. Unless otherwise specifically provided by statute, the proceedings shall be conducted under the Oregon Rules of Civil Procedure.

(9) When, in accordance with subsection (6)(a)(A) of this section, a party objects to the entry of an order and the blood tests conducted under ORS 109.250 to 109.262 result in a cumulative paternity index of 99 or greater, notwithstanding the party's objection, evidence of the tests, together with the testimony of a parent, is a sufficient basis upon which to presume paternity for purposes of establishing temporary support under this section. The court shall, upon motion of any party, enter a temporary order requiring the alleged father to provide support pending the determination of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275.

ARTICLE III. EXPEDITED PROCESS

A. ADMINISTRATIVE SUBPOENAS

SECTION 29. ORS 25.794 is amended to read:

25.794. (1) Upon the request of the Support Enforcement Division of the Department of Justice, the Adult and Family Services Division of the Department of Human Resources, [or] the office of a district attorney[, an employer] or an equivalent agency providing child support services in another state, all persons or entities in the state, including but not limited to for-profit, nonprofit and government employers, shall verify the employment of individuals [reported under ORS 25.790] and provide, in addition and if requested, [current earnings and medical insurance information.] information about compensation and benefits paid to the individual whether as an employee or a contractor.

(2) Upon request of an enforcing agency of another state, only a court or enforcing agency of Oregon may enforce a request for information made by the enforcing agency of the other state under this section.

(3) The Department of Human Resources shall adopt rules to implement the provisions of this section.

SECTION 30. ORS 192.565 is amended to read:

192.565. (1) A financial institution may disclose financial records of a customer to a state or local agency, and a state or local agency may request and receive such records, pursuant to a lawful summons or subpoena, served upon the financial institution, as provided in this section or ORS chapter 25.

(2) The state or local agency issuing such summons or subpoena shall make personal service of a copy of it upon the customer.

(3) The summons or subpoena shall name the agency issuing it, and shall specify the statutory authority under which the financial records are being obtained.

(4) The summons or subpoena shall state that service of a copy thereof has been made upon the customer, and shall state the date upon which service was accomplished.

(5) Except as provided in subsection (6) of this section, a financial institution shall not disclose the financial records of a customer to a state or local agency, in response to a summons or subpoena served upon it, for a period of 10 days following service of a copy thereof upon the customer, unless the customer has consented to earlier disclosure. If the customer moves to quash such summons or subpoena, and the financial institution receives written notice of such action from the customer, all within 10 days following the date upon which a copy of the summons or subpoena was served upon the customer, the financial institution shall not disclose the financial records of said customer pursuant to said summons or subpoena unless:

(a) The customer thereafter consents in writing to the disclosure; or

(b) A court orders disclosure of the financial records to the state or local agency, pursuant to the summons or subpoena.

(6) Pursuant to the issuance of a summons or subpoena, a state or local agency may petition the court, and the court, upon a showing of reasonable cause to believe that a law subject to the jurisdiction of the petitioning agency has been or is about to be violated, may order that service upon the customer pursuant to subsection (2) of this section, information concerning such service required by subsection (4) of this section, and the 10-day period provided for in subsection (5) of this section be waived or shortened.

(7) Where the court grants such petition, a copy of the court order granting the same shall be attached to the summons or subpoena, and shall therewith be served upon the financial institution.

(8) The provisions of subsections (2) to (7) of this section do not apply to subpoenas issued pursuant to ORS chapter 25.

B. LIENS/WRITS OF EXECUTION

SECTION 31. ORS 18.320 is amended to read:

18.320. (1) Except as provided in ORS 46.488, immediately after the entry in the register of judgment for the payment of money in any action, the clerk shall docket the judgment in the judgment docket, noting thereon the day, hour and minute of such docketing. The clerk shall rely on the existence of a separate section within the judgment for those judgments subject to ORCP 70 A(2) in determining whether the judgment is a judgment for the payment of money and shall only docket therefrom.

(2) With respect to any judgment docketed in a circuit court judgment docket, or a judgment for unpaid child or spousal support recognized in another state, the following apply:

(a) At any time thereafter, so long as the original judgment remains in force under ORS 18.360, or if a judgment for unpaid child or spousal support recognized in another state remains in force under that state's law, and is unsatisfied in whole or part, the judgment creditor, or the agent of the judgment creditor, may have recorded a certified copy of the judgment or a lien record abstract in the County Clerk Lien Record for any [other] county in this state.

(b) A certified copy or a lien record abstract of any judgment renewed pursuant to ORS 18.360 or a judgment for unpaid child or spousal support recognized in another state and in force under that state's law may likewise be recorded in the County Clerk Lien Record in [another] any county.

(c) A certified copy of the judgment, or a certified copy of any renewed judgment under ORS 18.360 or a judgment for unpaid child or spousal support recognized in another state and in force under that state's law, or lien record abstract of either, shall be recorded in any county other than in the county where a judgment is originally docketed in order for that judgment to be a lien upon the real property and, if the judgment is for unpaid child or spousal support, the personal property of the judgment debtor in that county.

(3) Liens arising by operation of law in another state against real property for amounts of overdue payments under a support order, as defined in ORS 110.303, shall be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien as required by this section and ORS 18.325. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS 110.300 to 110.441.

SECTION 32. ORS 18.325 is amended to read:

18.325. (1) Unless otherwise prescribed by law, a person recording a lien record abstract shall use substantially the following form:

___________________________________________________________________

LIEN RECORD ABSTRACT

The undersigned states:

A. Creditor/Prevailing Party Information:

__ 1. The creditor/prevailing party is:

_____________________________

and the address of the creditor is:

_____________________________

under judgment, decree, order or

petition entered on _____ (date)

in the District/Circuit Court/____

for _____(County) of _____

(State) under Case No. _______.

__ 2. The Creditor's attorney's name is

____________________________

Attorney's Address is:

____________________________

Attorney's Phone No. is: ________

B. Debtor/Losing Party Information:

__ 1. The Debtor/losing party is:

____________________________

__ 2. Whose Address is (if known):

___________________________

__ 3. Social Security No. (if known):

___________________________

C. Judgment Information:

__ 1. The amount of the judgment is:

___________________________

__ 2. The amount of the costs is:

___________________________

__ 3. The amount of attorney fees, if any

is: _________________________

D. The Real or Personal Property to be Affected

(Check appropriate box):

__ All real property of the debtor/losing

party, now or hereafter acquired, in

________ County as provided

under ORS 18.320 and 18.350.

__ The following described real or personal

property of debtor (legal description

as set forth or on attached Exhibit):

___________________________

IN WITNESS WHEREOF, the

undersigned person or persons have

executed this abstract this ___ day

of _____, 19__.

________________ ________________

State of Oregon )

) ss.

County of ______ )

The foregoing instrument was acknowledged before me this ____ day of _____, 19___ by _______.

_____________________

Notary Public for Oregon

My commission expires: _______

State of Oregon )

) ss.

County of ____ )

The foregoing instrument was acknowledged before me this ____ day of _____, 19___ by ______ and by ______ of ______, a corporation on behalf of the corporation.

____________________

Notary Public for Oregon

My commission expires: _______

___________________________________________________________________

(2) A lien record abstract that is the result of a judgment for unpaid child or spousal support entered in another state shall be on the form prescribed by rules adopted by the Department of Human Resources in lieu of the form required by subsection (1) of this section.

SECTION 33. ORS 23.050 is amended to read:

23.050. (1) The writ of execution shall be issued by the clerk and directed to the sheriff. It shall contain the name of the court, the names of the parties to the action, and the title thereof; it shall substantially describe the judgment, and if it is for money, shall state the amount actually due thereon, and shall require the sheriff substantially as follows:

[(1)] (a) If it is against the property of the judgment debtor, and the judgment directs particular property to be sold, it shall require the sheriff to sell such particular property and apply the proceeds as directed by the judgment; otherwise, it shall require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of the real property belonging to such debtor on the day when the judgment was docketed in the county, or at any time thereafter.

[(2)] (b) If it is for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may, at the same time, require the sheriff to satisfy any costs, charges, damages, or rents and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in [subsection (1) of this section] paragraph (a) of this subsection, and in that respect it is to be deemed an execution against property.

(2)(a) When support enforcement services are being provided under ORS 25.080, a district attorney or the Support Enforcement Division, in accordance with subsection (1) of this section, may issue a writ directed to the sheriff when there is a judgment for unpaid child support and a lien is recorded under ORS 18.320 or 25.670. A copy of the writ shall be filed with the circuit court of the county in which the judgment was docketed. A writ issued under this subsection is subject to execution under this chapter.

(b) The Department of Human Resources shall adopt an appropriate form for writs issued by a district attorney or the Support Enforcement Division under this section. The form shall be substantially as set forth for writs issued under subsection (1) of this section.

SECTION 34. ORS 25.670 is amended to read:

25.670. (1) Whenever there is a judgment for unpaid child or spousal support [of at least $500, the district attorney or the Support Enforcement Division of the Department of Justice may cause a lien to be created on any personal property owned by the obligor. The lien is created], a lien arises by operation of law on any personal property owned by the obligor, and the lien continues until the liability for the unpaid support is satisfied or the judgment or renewal thereof has expired. For purposes of this section and ORS 25.680 and 25.690, liability for the unpaid support includes the amount of unpaid support, with interest, and any costs that may be associated with lawful execution on the lien including, but not limited to, attorney fees, costs of notice and sale, storage and handling.

(2)(a) A lien arising under subsection (1) of this section may be recorded under ORS 18.320 by filing a written notice of claim of lien with the county clerk of the county in which the obligor resides or the property is located.

[(2)] The notice of claim of lien required under this subsection [(1) of this section] shall be a written statement and must include:

[(a)] (A) A statement of the total amount due, as of the date of the filing of the notice of claim of lien;

[(b)] (B) The name and address of the obligor and obligee;

[(c)] (C) The name and address of the office of the district attorney, [or] Support Enforcement Division or other person or entity filing the notice [and the name of the obligee];

[(d)] (D) A statement identifying the county where the underlying support order was entered and its case number; [and]

[(e)] (E) A description of the personal property to be charged with the lien sufficient for identification[.]; and

(F) A statement of the date the lien expires under the laws of the issuing state. If no expiration date is provided, the lien expires in Oregon five years from the date of recording.

[(3)] (b) The county clerk shall record the notice of claim of lien filed under paragraph (a) of this subsection [(1) of this section] in the County Clerk Lien Record.

[(4) A written notice of claim of lien filed under this section is effective for a period of five years from the date of filing.]

[(5)(a)] (3)(a) When a notice of claim of lien is [filed] recorded pursuant to subsection [(1)] (2) of this section, [the district attorney or Support Enforcement Division, as appropriate,] the person or entity filing the notice of claim of lien shall send forthwith a copy of the notice to the owner of the personal property to be charged with the lien by registered or certified mail sent to the owner's last-known address.

(b) A copy of the notice shall also be sent to the obligee by regular mail.

(4) Liens described in subsection (1) of this section that arise by operation of law in another state shall be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien set forth in this section. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS 110.300 to 110.441.

SECTION 35. ORS 25.680 is amended to read:

25.680. (1) Whenever a notice of claim of lien has been [filed] recorded under ORS 25.670 (2), the owner of the personal property may not release, sell, transfer, pay over, encumber or convey the personal property which is the subject of the lien until the [district attorney or Support Enforcement Division of the Department of Justice] Department of Human Resources or person to whom the support is or was owed or, if services are being provided under Title IV-D of the Social Security Act, the enforcing agency of this or any other state releases the lien, the lien has been satisfied or a court has ordered release of such lien on the basis that no debt exists or that the debt has been satisfied. The limitations of this subsection shall not apply to transfers or conveyances of the property by the owner to the holder of a security interest that was in existence at the time the notice of claim of lien was filed.

(2) The rights of bona fide purchasers for value or persons with a security interest in the personal property are not affected by the creation or the existence of the lien.

(3) Liens filed under ORS 25.670 do not have priority over previously perfected security interests.

SECTION 36. ORS 25.690 is amended to read:

25.690. A lien [created] arising pursuant to ORS 25.670 may be foreclosed in the manner set out in ORS 87.262, ORS chapter 23 or in any other manner permitted under law.

C. GARNISHMENT

SECTION 37. ORS 29.125, as amended by section 40, chapter 704, Oregon Laws 1997, 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.

[(1)] (2) "Defendant" means a person whose property is being garnished by a plaintiff and includes a judgment debtor after entry of judgment.

[(2)] (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.

[(3)] (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.

[(4)] (6) "Person" includes individuals, partnerships and corporations.

[(5)] (7) "Plaintiff" means a person who is garnishing property of a defendant and includes a judgment creditor after entry of judgment.

[(6)] (8) "Sheriff" includes constables and their deputies.

[(7)] (9) "Stock" includes rights or shares in an association or corporation with interest and profits thereon.

[(8)] (10) "Writ of garnishment" includes writs issued under ORS 29.125 to 29.375 and 29.401 to 29.415.

SECTION 38. 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) The administrator may issue one or more writs of garnishment. The provisions of ORS 29.139 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.

[(3)] (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 39. ORS 29.139 is amended to read:

29.139. This section establishes provisions that apply to writs of garnishment issued by an attorney or the administrator under ORS 29.137. The following apply as described:

(1) All the following apply to the issuance of the writ:

(a) The form of the writ shall be substantially as provided in ORS 29.147. Notation on the writ of additional information for purposes of identifying the defendant or the property garnished shall not affect the validity or scope of the writ.

(b) Every writ issued by an attorney must be signed by the attorney. Every writ issued by the administrator must be signed by the administrator. The signature constitutes a certificate [by the attorney] under ORCP 17 and is subject to the sanctions relating to such certification.

(c) The plaintiff, [or] the plaintiff's agent or attorney or the administrator must complete the writ form and supply the copy required by ORS 29.155.

(d) Every writ issued by an attorney or the administrator must include or have attached a notice informing the defendant that the court has not verified the figures in the writ.

(2) A writ of garnishment shall be valid for 60 days after the date of issuance by the attorney or administrator.

(3) All the following apply to payments made under the writ:

(a) A garnishee shall deliver property under the writ directly to the plaintiff or to the plaintiff's attorney when provided under ORS 29.235, subject to the provisions of ORS 29.142 relating to claim of exemption and the provisions in ORS 29.255 relating to garnishee duties.

(b) When the clerk of the court receives a claim of exemption under ORS 29.142, the clerk thereafter shall reject any item received as payment that is not payable to the court and shall return it to the garnishee with instructions to reissue the payment as payable to the court. If the clerk receives a claim of exemption under ORS 29.142, the clerk shall retain any payment the clerk receives from the garnishee or the plaintiff until the court determines the claim. The clerk shall then promptly disburse the funds as ordered by the court.

(c) If the garnishee sends payment to the court at any time other than when the clerk receives a claim of exemption, the clerk shall forward all payments payable to the plaintiff or to the plaintiff's attorney. When the defendant files a claim of exemption under ORS 29.142, the clerk shall comply with paragraph (b) of this subsection. If a payment to be passed through under this paragraph is payable to the court, the clerk may:

(A) Deposit and hold the payment until the payment is accepted as final where the deposit is made under ORS 74.2130 or as otherwise allowed under law; and

(B) Then forward the payment to the plaintiff or, if the plaintiff has an attorney known to the clerk, to the plaintiff's attorney.

(d) The clerk shall not be liable for interest on funds sent to the court in error if the clerk passes the funds through in a timely manner.

(e) The clerk shall not be liable for accepting any amount of payment. This paragraph applies even if the payment:

(A) Exceeds the amount required to satisfy the judgment owed to the plaintiff;

(B) Exceeds amounts listed in the writ; or

(f) Within 10 days of receipt, a plaintiff or the plaintiff's attorney shall return to the defendant any payment received that exceeds the amount listed in the writ of garnishment, less any additional payments not shown in the writ. If payment was made by check or other draft, the plaintiff or plaintiff's attorney is not required to return the payment until 10 days after the payment is accepted as final where the payment is deposited under ORS 74.2130 or as otherwise allowed under law.

(g) The clerk of the court may return to the garnishee any payment received from the garnishee if the garnishee fails to do one or the other of the following:

(A) Include the certificate of garnishee.

(B) Explain that the payment is a voluntary payment on behalf of the defendant under ORS 18.410 or is a payment under another applicable statute, court order or legal process that requires or allows the garnishee to pay funds into the court.

(h) A payment by a garnishee shall be credited against the judgment owed by the defendant as follows:

(A) If the garnishee disburses payment to the plaintiff or the plaintiff's attorney, on the date the plaintiff or the plaintiff's attorney receives the payment.

(B) If the garnishee disburses payment to the court, on the date the clerk disburses payment to the plaintiff or the plaintiff's attorney, unless the court otherwise orders. This subparagraph applies even when the garnishee makes payment to the court in error or when the clerk holds funds pending a claim of exemption.

(i) Except as provided in paragraph (f) of this subsection, the plaintiff or plaintiff's attorney shall hold any payment received for a period of 10 days after receipt. The payments shall be held in this state, shall be clearly identifiable and shall be held separate and apart from any account used for operating a business or used to pay personal or business expenses. The payments may be held in an attorney's client trust account, or in any other trust account created specifically to hold garnished funds.

(4) Any property subject to the writ may be released as provided under ORS 29.365.

SECTION 40. ORS 29.205 is amended to read:

29.205. (1) Delivery of a writ of garnishment in accordance with ORS 29.155 to 29.185 shall be effective to garnish all property of the defendant which is in the garnishee's possession, control or custody at the time of delivery of the writ of garnishment to the garnishee, including but not limited to property in safe deposit boxes, stock, debts and other obligations then in existence and payable in money, whether due or to become due, property held on expired and unexpired bailments and leases, and property held by the garnishee pursuant to a security interest granted by defendant to garnishee.

(2) Notwithstanding any other provision of this chapter, but except as provided in ORS 29.375, the duty of a garnishee to deliver any property of the defendant which may be contained in a safe deposit box which is in the garnishee's possession, control or custody at the time of delivery of the writ of garnishment to the garnishee is conditioned upon the plaintiff's first paying to the garnishee, in addition to the search fee provided for in ORS 29.377 (1), all reasonable costs incurred by the garnishee in gaining entry to the safe deposit box. The costs shall be paid to the garnishee by the plaintiff on or before the date the plaintiff pays the sheriff's fees under ORS 29.237. If the plaintiff fails to pay such costs to the garnishee, the garnishment shall not be effective to garnish any property of the defendant which may be contained in any such safe deposit box and the garnishee may proceed to deal with the safe deposit box and its contents as though the writ of garnishment had not been issued. Nothing in this section limits the right of a plaintiff to reach the contents of any safe deposit box in any manner otherwise provided by law.

(3) Notwithstanding subsection (1) of this section, property which may not be taken by garnishment shall include but is not limited to equitable interests, property in the custody of the law, property in the possession of a conservator and property in the possession of a personal representative constituting the subject matter of a trust contained in a duly probated will of a decedent.

(4) Notwithstanding any other provision of law, and except for workers' compensation or property in the custody of the law, when a garnishment is issued to collect past due support, no exemption may be allowed for amounts due the obligated parent that are the result of lump sum or periodic payments on a judgment, settlement or public or private retirement funds.

[(4)] (5) In addition to such rights as the garnishee may have at law, in equity or otherwise, if the garnishee is a financial institution, the garnishee may, following delivery of a writ of garnishment or warrant and notice of garnishment to the garnishee, set off such sums as are due from defendant at the time the garnishee receives the writ of garnishment. A garnishee may not set off any amounts which are not otherwise due to be paid but which have been accelerated after the receipt of a writ of garnishment. Notwithstanding any other provision of this chapter, such a garnishee shall have no obligation to remit any sums upon the garnishment which the garnishee has set off pursuant to this subsection. A garnishee who sets off pursuant to this subsection shall disclose the fact and amount of the setoff in the certificate of garnishee prepared and delivered under ORS 29.235, and shall certify therein that the amount set off by the garnishee was due from the defendant to the garnishee at the time the garnishee received the writ of garnishment.

[(5)] (6) Notwithstanding subsection (1) of this section, if a writ of garnishment is received by a financial institution garnishee after 4 p.m., as to any deposit account held by the garnishee in the name of the defendant, the writ of garnishment will only be effective to garnish those funds that are on deposit in the account at the beginning of the business day following the day on which the writ of garnishment is delivered to the garnishee.

[(6)] (7) Notwithstanding any other provision of this chapter, if a garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the defendant under section 301, 302 or 303 of the United States Bankruptcy Code (11 U.S.C. 101 to 1330) before the garnishee delivers the garnishee's certificate pursuant to ORS 29.235, the garnishment of any property of the defendant in the garnishee's possession, control or custody is stayed pursuant to section 362 of the United States Bankruptcy Code (11 U.S.C. 362).

[(7)(a)] (8)(a) Notwithstanding subsection (1) of this section, a garnishee may apply a setoff against amounts owing to the defendant under the terms of a land sale contract, under the terms of a promissory note or other evidence of indebtedness that is secured by a mortgage or trust deed, or under the terms of a security agreement as defined by ORS 79.1050, to the extent that those amounts are actually paid to another person:

(A) Who is entitled to receive the amounts under the terms of the land sale contract, mortgage, trust deed or security agreement, or under the terms of any other land sale contract, mortgage, trust deed or security agreement that is secured by the same property that is the subject of the land sale contract, mortgage, trust deed or security agreement; and

(B) Who has an interest in the property that is the subject of the land sale contract, mortgage, trust deed or security agreement that is superior to the interest of the plaintiff under the laws that would govern a foreclosure, trust deed sale, repossession or other action against the property that is the subject of the land sale contract, mortgage, trust deed or security agreement.

(b) A garnishee must deliver to a plaintiff all amounts in the garnishee's possession, control or custody at the time of delivery of the writ of garnishment that are not actually paid by the garnishee to another person as described in paragraph (a) of this subsection unless those amounts are exempt from execution under other law.

(c) A garnishee who applies a setoff under this subsection must disclose that the setoff has been applied, and the amount of the setoff, in the certificate of garnishee prepared and delivered under ORS 29.235. The garnishee must certify in the certificate that the amounts specified in the certificate were actually paid by the garnishee to another person entitled to receive those amounts under paragraph (a) of this subsection.

[(8)] (9) For the purposes of this section, "financial institution" has the meaning given that term in ORS 706.008.

SECTION 41. ORS 29.225 is amended to read:

29.225. (1) The notice of exemptions referred to in ORS 29.215 shall be in substantially the form set forth in this subsection. Nothing in the notice form described under this subsection is intended either to expand or restrict the law relating to exempt property. Whether property is exempt from execution, attachment and garnishment shall be determined by reference to other law. The form may be modified either to provide more complete information or to update the notice based on subsequent changes in exemption laws. However, any such modification shall not be required. The following form is for notice of exemption:

___________________________________________________________________

NOTICE OF EXEMPT PROPERTY

Property belonging to you may have been taken or held in order to satisfy a claim or judgment which has been asserted or entered against you. Important legal papers are enclosed.

YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.

State and federal law say certain property may not be taken. Some of the property which may not be taken is listed below.

(1) Wages or a salary as described in ORS 23.175 and 23.185 (whichever of the following amounts is more: (a) 75 percent of your take-home wages; (b) For wages payable before June 30, 1992, $150; (c) For wages payable before June 30, 1993, $160; or (d) For wages payable on or after July 1, 1993, $170).

(2) Social Security (including SSI).

(3) Public assistance (welfare).

(4) Unemployment benefits.

(5) Disability benefits (other than SSI), unless the benefits are lump sum payments on a settlement or judgment and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

(6) Workers' compensation benefits.

(7) Exempt wages, Social Security (other than SSI), welfare, unemployment benefits and disability benefits when placed in a checking or savings account (up to $7,500), unless the benefits are disability benefits that are lump sum payments on a settlement or judgment and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

(8) Spousal support, child support, or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents.

(9) A homestead (home, farm, manufactured dwelling, houseboat) if you live in it, to the value of $20,000 ($23,000 for a manufactured dwelling with land included; $25,000 for any other homestead with land included) or proceeds from its sale for one (1) year.

(10) Household goods, furniture, radios, a television set and utensils to $3,000.

*(11) Automobile, truck, trailer or other vehicle to $1,700.

*(12) Tools, implements, apparatus, team, harness or library necessary to carry on your occupation to $3,000.

*(13) Books, pictures and musical instruments to $600.

*(14) Wearing apparel, jewelry and other personal items to $1,800.

(15) Domestic animals and poultry for family use to $1,000 and their food for 60 days.

(16) Provisions (food) and fuel for your family for 60 days.

(17) One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.

(18) Public or private pensions, unless the benefits are lump sum payments and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

(19) Veterans benefits and loans, unless the benefits are lump sum payments on a settlement or judgment and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

(20) Medical assistance benefits.

(21) Health insurance proceeds and disability proceeds of life insurance policies, unless the benefits are lump sum payments on a settlement or judgment and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

(22) Cash surrender value of life insurance policies not payable to your estate.

(23) Federal annuities.

(24) Other annuities to $250 per month, excess over $250 per month subject to same exemption as wage.

(25) Professionally prescribed health aids for you or any of your dependents.

*(26) Elderly rental assistance allowed pursuant to ORS 310.635.

*(27) Your right to receive, or property traceable to:

*(a) An award under any crime victim reparation law.

*(b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent, unless it is a lump sum payment on a settlement or judgment and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

*(c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents, unless it is a lump sum payment on a settlement or judgment and the debt owed is for past due support. When the debt is for past due support, 75 percent of the lump sum payment.

(28) Interest in personal property to the value of $400, but this cannot be used to increase the amount of any other exemption.

(29) The difference between what you actually owe the creditor and the total amount due listed in the writ of garnishment, if the amount listed in the writ is larger.

___________________________________________________________________

Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by *.

___________________________________________________________________

You must act promptly if you want to get your money or property back. You may seek to reclaim your exempt property by doing the following:

(1) Fill out the form for claim of exemption that you received with this notice.

(2) Mail or deliver the form for claim of exemption to the clerk of the court at the address shown on the writ of garnishment. If the writ of garnishment is a writ of continuing garnishment, you must mail or deliver the form within 120 days after you receive this notice. If the writ of garnishment is not a writ of continuing garnishment, you must mail or deliver the form within 30 days after you receive this notice.

(3) Although (2) above allows you to claim an exemption, the law only requires the creditor to hold the money or property for 10 days before applying it to the creditor's use. You may be able to keep the property from being used by the creditor before being allowed a hearing by promptly following (1) and (2) above.

______________

You should be prepared to explain your exemption in court. If you have any questions, you should see an attorney.

IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.

Penalties you could be subject to are listed in ORS 29.142.

When you file this claim of exemption, the garnishee and Creditor will be required to pay any debt or obligation they hold into court. They are subject to penalties if they do not. For a more complete explanation of their responsibilities, see ORS 29.142.

___________________________________________________________________

(2) The claim of exemption form referred to in subsection (1) of this section, ORS 29.142 and 29.215 shall be in substantially the following form:

___________________________________________________________________

_________ ) CLAIM OF EXEMPTION

Plaintiff ) Case No. ______

vs. )

_________ )

Defendant )

I/We claim the following described property or money as exempt from execution:

___________________________________________________________________

I/We believe this property is exempt because:

___________________________________________________________________

Name ___________ Name ___________

Signature _________ Signature _________

Address __________ Address __________

_________________ _________________

Telephone Telephone

Number __________ Number __________

(Required) (Required)

___________________________________________________________________

D. STATEWIDE JURISDICTION/SUBSEQUENT SERVICE

SECTION 42. 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, unless otherwise authorized by ORS 25.030, shall be made to the Department of Justice, as the state disbursement unit:

(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 a support order that is entered or modified on or after January 1, 1994, includes a provision requiring the obligor to pay support by income withholding; or

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

(2) The Department of Justice 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 of Justice 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 of Justice 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.]

(5) Any pleading for the entry or modification of a support order must contain a statement that payment of support under a new or modified order will be by income withholding unless an exception to payment by income withholding is granted under ORS 25.317.

(6)(a) Except as provided in paragraph (d) of this subsection, a decree or order establishing paternity or including a provision concerning support shall contain the residence, mailing or contact address, Social Security number, telephone number and driver license number of each party and the name, address and telephone number of all employers of each party.

(b) The decree or order shall also include notice that the obligor and obligee:

(A) Must inform the court and the Department of Justice in writing of any change in the information required by this subsection within 10 days after such change; and

(B) May request that the Department of Human Resources review the amount of support ordered after two years or at any time upon a substantial change of circumstances.

(c) The Department of Justice may require of the parties any additional information that is necessary for the provision of support enforcement services under ORS 25.080.

(d)(A) Upon a finding, that may be made ex parte, that the health, safety or liberty of a party or child would unreasonably be put at risk by the disclosure of information specified in this subsection or by the disclosure of other information concerning a child or party to a paternity or support proceeding or if an existing order so requires, a court or administrator or hearings officer, when the proceeding is administrative, shall order that the information not be contained in any document provided to another party or otherwise disclosed to a party other than the state.

(B) The Department of Human Resources shall adopt rules providing for similar confidentiality for information described in subparagraph (A) of this paragraph that is maintained by an entity providing support enforcement services under ORS 25.080.

(7)(a) Except as otherwise provided in paragraph (b) of this subsection, in any subsequent child support enforcement action, the court or administrator, upon a showing of diligent effort made to locate the obligor or obligee, may deem due process requirements to be met by mailing notice to the last-known residential, mailing or employer address or contact address as provided in ORS 25.085.

(b) Service of an order directing an obligor to appear in a contempt proceeding is subject to ORS 33.015 to 33.155.

[(6)] (8) 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] that would otherwise impose the same duties or functions upon the county clerk or the Department of Human Resources.

[(7)] (9) Except as provided for in subsections [(8), (9) and] (10), (11) and (12) of this section, credit shall not be given for payments not made to the Department of Justice as required pursuant to subsection (1) of this section.

[(8)] (10) The Department of Justice shall give credit for payments not made to the Department of Justice 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 of Justice were received by the other state; or

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

[(9)] (11) An obligor may apply to the Department of Justice for credit for payments made other than to the Department of Justice. If the obligee or other state does not provide the agreement, sworn statement or verification required by subsection [(8)] (10) 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)] (12) Nothing in this section precludes the Department of Justice from giving credit for payments not made to the Department of Justice 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.

SECTION 43. ORS 25.100, as amended by section 18, chapter 704, Oregon Laws 1997, is amended to read:

25.100. (1) With respect to any order or decree entered or docketed pursuant to ORS 107.095, 107.105, 108.120, 109.155, 110.300 to 110.441, 416.400 to 416.470, 419B.400 or 419C.590,[:]

[(a) if the party in whose favor such] if a party seeking modification or enforcement of an order or decree for the payment of money [has been made] files a certificate to the effect that [the] a party [ordered to make such payments is in default in the payment of moneys due under such order or decree and] is presently in another county of this state, the court may, upon motion of the party [entitled to such support payments], order that certified copies of the files, records and prepared transcripts of testimony in the original proceeding be transmitted to the clerk of the circuit court of [the] any county in this state in which [the moving party or the defaulting party] the obligee or obligor resides, or in which property of the [defaulting party] obligor is located. [; or]

[(b) If the moving party files a certificate to the effect that the nonmoving party resides in another county of this state, the court may, upon motion of the moving party, order that certified copies of the files, records and prepared transcripts of testimony in the original proceeding be transmitted to the clerk of the circuit court of the county in which the nonmoving party resides.]

(2) Any files, records and prepared transcripts of testimony maintained in the county to which certified copies have been transmitted as provided in subsection (1) of this section shall be auxiliary to those maintained in the county of origin, whose files, records and prepared transcripts shall remain the official record.

(3) The original of any order entered in the auxiliary county under ORS 25.110 shall be entered in the files and records of the auxiliary county and certified copies thereof shall be forwarded to the county of origin for filing. The party submitting the original order for signature shall submit an extra copy for forwarding by the clerk and shall indicate on that copy where it is to be forwarded.

(4) Notwithstanding any file number assigned in the auxiliary county for purposes of identification, the file number assigned in the county of origin shall be the reference number for all purposes including support payment records in the Department of Justice.

ARTICLE IV. INTERSTATE

A. UIFSA (Uniform Interstate Family Support Act)

SECTION 44. Sections 89, 90, 91, 92, 93, 107 and 108, chapter 746, Oregon Laws 1997, are added to and made a part of ORS 110.300 to 110.441.

SECTION 45. ORS 110.303 is amended to read:

110.303. As used in ORS 110.300 to 110.441:

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

(4) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with a parent or a person acting as a parent. A period of temporary absence is counted as part of the six-month or other period.

(5) "Income" includes earnings or other periodic entitlements to [money] moneys from any source and any other property subject to withholding for support under the laws of this state.

(6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other third party in possession of a monetary obligation owed to an obligor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor.

(7) "Initiating state" means a state [in which a proceeding] from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under ORS 110.300 to 110.441 or a law or procedure substantially similar to ORS 110.300 to 110.441, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act [is filed for forwarding to a responding state].

(8) "Initiating tribunal" means the authorized tribunal in an initiating state.

(9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(12) "Obligee" means:

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(13) "Obligor" means an individual or the estate of a decedent:

(a) Who owes or is alleged to owe a duty of support;

(b) Who is alleged but has not been adjudicated to be a parent of a child; or

(14) "Register" means to [register] record or file a support order or judgment determining parentage in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically.

(15) "Registering tribunal" means a tribunal in which a support order is registered.

(16) "Responding state" means a state [to which a proceeding is forwarded] in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under ORS 110.300 to 110.441 or a law substantially similar to ORS 110.300 to 110.441, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

(17) "Responding tribunal" means the authorized tribunal in a responding state.

(18) "Spousal support order" means a support order for a spouse or former spouse of the obligor.

(19) "State" means a state of the United States, the District of Columbia, [the Commonwealth of] Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes:

(a) An Indian tribe; and [includes]

(b) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders [which] that are substantially similar to the procedures under ORS 110.300 to 110.441, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

(20) "Support enforcement agency" means a public official or agency authorized to:

(a) Seek enforcement of support orders or laws relating to the duty of support;

(b) Seek establishment or modification of child support;

(d) Locate obligors or their assets.

(21) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney fees and other relief.

(22) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.

NOTE: Section 46 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 47. ORS 110.318 is amended to read:

110.318. In a proceeding to establish, enforce or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident [or the individual's guardian or conservator] individual if:

(1) The individual is personally served with notice within this state;

(2) The individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) The individual resided with the child in this state;

(4) The individual resided in this state and provided prenatal expenses or support for the child;

(5) The child resides in this state as a result of the acts or directives of the individual;

(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; [or]

(7) The individual asserted parentage in the registry maintained in this state by the Center for Health Statistics of the Health Division of the Department of Human Resources by filing a voluntary acknowledgment of paternity under ORS 109.070; or

[(7)] (8) There is any other basis consistent with the Constitutions of [this state] the State of Oregon and the United States for the exercise of personal jurisdiction.

SECTION 48. ORS 110.321 is amended to read:

110.321. A tribunal of this state exercising personal jurisdiction over a nonresident under ORS 110.318 may apply ORS 110.384 to receive evidence from another state, and ORS 110.390 to obtain discovery through a tribunal of another state. In all other respects, ORS 110.308 and 110.342 to 110.438 and sections 89 to 93 and 107 and 108, chapter 746, Oregon Laws 1997, do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by ORS 110.300 to 110.441.

SECTION 49. ORS 110.327 is amended to read:

110.327. (1) A tribunal of this state issuing a support order consistent with the laws of this state has continuing, exclusive jurisdiction over a child support order:

(a) As long as this state remains the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or

(b) Until [each individual party has filed written consent] all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

(2) A tribunal of this state issuing a child support order consistent with the laws of this state may not exercise its continuing, exclusive jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to ORS 110.300 to 110.441 or a law substantially similar to ORS 110.300 to 110.441.

(3) If a child support order of this state is modified by a tribunal of another state pursuant to ORS 110.300 to 110.441 or a law substantially similar to ORS 110.300 to 110.441, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state and may only:

(a) Enforce the order that was modified as to amounts accruing before the modification;

(b) Enforce nonmodifiable aspects of that order; and

(c) Provide other appropriate relief for violations of that order [which] that occurred before the effective date of the modification.

(4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state [which] that has issued a child support order pursuant to ORS 110.300 to 110.441 or a law substantially similar to ORS 110.300 to 110.441.

(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(6) A tribunal of this state issuing a support order consistent with the laws of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

SECTION 50. ORS 110.333 is amended to read:

110.333. (1) If a proceeding is brought under ORS 110.300 to 110.441 and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.

[(1)] (2) If a proceeding is brought under ORS 110.300 to 110.441, and [one] two or more child support orders have been issued by tribunals of this state [in this] or another state with regard to [an] the same obligor and [a] child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:

[(a) If only one tribunal has issued a child support order, the order of that tribunal must be recognized.]

(a) If only one of the tribunals would have continuing, exclusive jurisdiction under ORS 110.300 to 110.441, the order of that tribunal controls and must be so recognized.

[(b) If two or more tribunals have issued child support orders for the same obligor and child and only one of the tribunals would have continuing, exclusive jurisdiction under ORS 110.300 to 110.441, the order of the tribunal having continuous, exclusive jurisdiction must be recognized.]

[(c)] (b) If [two or more tribunals have issued child support orders for the same obligor and child and] more than one of the tribunals would have continuing, exclusive jurisdiction under ORS 110.300 to 110.441, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.

[(d)] (c) If [two or more tribunals have issued child support orders for the same obligor and child and] none of the tribunals would have continuing, exclusive jurisdiction under ORS 110.300 to 110.441, the tribunal of this state [may] having jurisdiction over the parties shall issue a child support order, which [must be] controls and must be so recognized.

(3) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must be recognized under subsection (2) of this section. The request must be accompanied by a certified copy of every support order in effect. Each requesting party shall give notice of the request to each party whose rights may be affected by the determination.

[(2)] (4) The tribunal that [has] issued [an] the controlling order [recognized] under subsection (1), (2) or (3) of this section is the tribunal [having] that has continuing, exclusive jurisdiction under ORS 110.327.

(5) A tribunal of this state that determines by order the identity of the controlling child support order under subsection (2)(a) or (b) of this section or that issues a new controlling child support order under subsection (2)(c) of this section shall state in that order the basis upon which the tribunal made its determination.

(6) Within 30 days after issuance of the order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that had issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

SECTION 51. ORS 110.342 is amended to read:

110.342. (1) Except as otherwise provided in ORS 110.300 to 110.441, this section applies to all proceedings under ORS 110.300 to 110.441.

(2) ORS 110.300 to 110.441 [provides] provide for the following proceedings:

(a) Establishment of an order for spousal support or child support pursuant to ORS 110.396;

(b) Enforcement of a support order and income-withholding order of another state without registration pursuant to ORS 110.399 and 110.402 and sections 89 to 93, chapter 746, Oregon Laws 1997;

(c) Registration of an order for spousal support or child support of another state for enforcement pursuant to ORS 110.405 to 110.435 and sections 107 and 108, chapter 746, Oregon Laws 1997;

(d) Modification of an order for child support or spousal support issued by a tribunal of this state pursuant to ORS 110.324 to 110.330;

(e) Registration of an order for child support of another state for modification pursuant to ORS [110.426] 110.405 to 110.435 and sections 107 and 108, chapter 746, Oregon Laws 1997;

(f) Determination of parentage pursuant to ORS 110.438; and

(g) Assertion of jurisdiction over nonresidents pursuant to ORS 110.318 and 110.321.

(3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under ORS 110.300 to 110.441 by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state [which] that has or can obtain personal jurisdiction over the respondent.

SECTION 52. ORS 110.354 is amended to read:

110.354. (1) Upon the filing of a petition authorized by ORS 110.300 to 110.441, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

[(1)] (a) To the responding tribunal or appropriate support enforcement agency in the responding state; or

[(2)] (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that the petition and documents be forwarded to the appropriate tribunal and that receipt be acknowledged.

(2) If a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to the Uniform Interstate Family Support Act, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

SECTION 53. ORS 110.351 is amended to read:

110.351. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to ORS 110.342 (3), the responding tribunal shall cause the petition or pleading to be filed and notify the petitioner by first-class mail, electronic mail or facsimile, where and when it was filed.

(2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

(a) Issue or enforce a support order, modify a child support order or render a judgment to determine parentage;

(b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(d) Determine the amount of any arrearages, and specify a method of payment;

(e) Enforce orders by civil or criminal contempt, or both;

(f) Set aside property for satisfaction of the support order;

(g) Place liens and order execution on an obligor's property;

(h) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

(i) Issue a warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the warrant in any local and state computer system for criminal warrants;

(j) Order the obligor to seek appropriate employment by specified methods;

(k) Award reasonable attorney fees and other fees and costs; and

(L) Grant any other available remedy.

(3) A responding tribunal of this state shall include in a support order issued under ORS 110.300 to 110.441, or in the documents accompanying the order, the calculations on which the support order is based.

(4) A responding tribunal of this state may not condition the payment of a support order issued under ORS 110.300 to 110.441 upon compliance by a party with provisions for parenting time.

(5) If a responding tribunal of this state issues an order under ORS 110.300 to 110.441, the tribunal shall send [copies] a copy of the order by first-class mail to the petitioner and the respondent and to the initiating tribunal, if any.

SECTION 54. ORS 110.366 is amended to read:

110.366. An individual may employ private counsel to represent the individual in proceedings [authorized by] under ORS 110.300 to 110.441.

SECTION 55. ORS 110.372 is amended to read:

110.372. (1) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under ORS 110.300 to 110.441 may verify the petition. Unless otherwise ordered under ORS 110.375, the petition or accompanying documents must provide, so far as known, the names, residential addresses and Social Security numbers of the obligor and the obligee, and the name, sex, residential address, Social Security number and date of birth of each child for whom support is sought. The petition must be accompanied by a [certified] copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

SECTION 56. ORS 110.378 is amended to read:

110.378. (1) The petitioner may not be required to pay a filing fee or other costs.

(2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

(3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under ORS [110.405 to 110.435] 110.432 and 110.435 and sections 107 and 108, chapter 746, Oregon Laws 1997, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

SECTION 57. ORS 110.399 is amended to read:

110.399. [(1)] An income-withholding order issued in another state may be sent by first-class mail to the person or entity defined as the obligor's employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. [Upon receipt of the order, the employer shall:]

[(a) Treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state;]

[(b) Immediately provide a copy of the order to the obligor; and]

[(c) Distribute the funds as directed in the withholding order.]

[(2) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state. ORS 110.411 applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to:]

[(a) The person or agency designated to receive payments in the income-withholding order; or]

[(b) If no person or agency is designated, the obligee.]

[(3) Subsections (1) and (2) of this section do not apply when there is more than one income-withholding order for support against the same obligor's income.]

SECTION 58. ORS 110.405 is amended to read:

110.405. (1) A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.

(2) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the Support Enforcement Division of the Department of Justice as interstate clearinghouse for the State of Oregon:

(a) A letter of transmittal to the tribunal requesting registration and enforcement;

(b) Two copies[, including one certified copy,] of all orders to be registered, including any modification of an order;

(c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(d) The name of the obligor and, if known:

(A) The obligor's address and Social Security number;

(B) The name and address of the obligor's employer and any other source of income of the obligor; and

(e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(3) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(4) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other laws of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

SECTION 59. ORS 110.408 is amended to read:

110.408. (1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

(2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3) Except as otherwise provided in ORS [110.300 to 110.441] 110.405 to 110.435 and sections 107 and 108, chapter 746, Oregon Laws 1997, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

SECTION 60. ORS 110.417 is amended to read:

110.417. (1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to ORS 110.420.

(2) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first-class or electronic mail of the date, time and place of the hearing.

SECTION 61. ORS 110.432 is amended to read:

110.432. (1) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 107, chapter 746, Oregon Laws 1997, does not apply and, after notice and hearing, the responding tribunal finds that:

(a) The following requirements are met:

(A) The child, the individual obligee and the obligor do not reside in the issuing state;

(B) A petitioner who is a nonresident of this state seeks modification; and

(b) [An individual party or] The child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the [individual] parties who are individuals have filed a written consent [with] in the issuing tribunal [providing that] for a tribunal of this state [may] to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under ORS 110.300 to 110.441, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

(2) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under the provisions of ORS 110.333 establishes aspects of the support order that are nonmodifiable.

(4) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal [of] having continuing, exclusive jurisdiction.

[(5) Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.]

SECTION 62. ORS 110.438 is amended to read:

110.438. (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under ORS 110.300 to 110.441 or a law or procedure substantially similar to ORS 110.300 to 110.441, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.

SECTION 63. ORS 110.310 is amended to read:

110.310. (1) For purposes of this section and ORS [110.300 to 110.441] 110.313, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by ORS 110.300 to 110.441.

(2) The Governor of this state may:

(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(3) A provision for extradition of individuals not inconsistent with ORS 110.300 to 110.441 applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled [therefrom] from that state.

B. CONFORMING AMENDMENTS

SECTION 64. ORS 25.287 is amended to read:

25.287. (1) If more than two years have elapsed since the entry of a support order under ORS chapter 24, 107, 108, 109 or 416, or ORS 110.300 to 110.441, 419B.400 or 419C.590 and the support obligation is not in substantial compliance with the formula established by this chapter, then the entity providing support enforcement services under ORS 25.080 in regards to the support order may initiate proceedings to modify the support obligation to [insure] ensure that the support obligation is in accordance with the formula established by this chapter. The court, the administrator or the hearings officer shall not consider any issue in the proceeding other than when the support obligation became effective and whether it is in substantial compliance with the formula established by this chapter. If the court, the administrator or the hearings officer finds that more than two years have elapsed since the entry of the support order and the support obligation is not in substantial compliance with the formula established by this chapter, the court, the administrator or the hearings officer shall modify the support order so that the amount of support to be paid is in accordance with the formula established by this chapter, whether or not there has been a substantial change of circumstances since the entry of the current support order.

(2) The administrator, court or hearings officer may use the provisions of subsection (1) of this section when a support order was entered in another state and registered in Oregon, the provisions of ORS 110.300 to 110.441 apply and more than two years have elapsed since the entry of the order.

[(2)] (3) Notwithstanding the provisions of this section, proceedings may be initiated at any time to modify a support obligation based upon a substantial change of circumstances under any other provision of law.

[(3)] (4) The obligee is a party to any action to modify a support obligation under this section.

SECTION 65. ORS 107.135 is amended to read:

107.135. (1) The court has the power at any time after a decree of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Support Enforcement Division when required pursuant to subsection (8) of this section, to:

(a) Set aside, alter or modify so much of the decree as may provide for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108, including any provisions for health or life insurance, or for the support of a party or for life insurance under ORS 107.820 or 107.830;

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the decree was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the decree;

(d) Notwithstanding section 84 (2), chapter 827, Oregon Laws 1973, and after service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108; and

(e) Set aside, alter or modify so much of the decree as may provide for a property award based on the enhanced earning capacity of a party. A property award may be set aside, altered or modified under this paragraph:

(A) When the person with the enhanced earning capacity makes a good faith career change that results in less income;

(B) When the income of the person with the enhanced earning capacity decreases due to circumstances beyond the person's control; or

(2) In a proceeding under this section to reconsider the spousal or child support provisions of the decree, the following provisions apply:

(a) A substantial change in economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party, is sufficient for the court to reconsider its order of support.

(b) If the decree provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, Social Security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.

(c) If Social Security is considered in lieu of spousal support or partial spousal support, the court shall determine the amount of Social Security the party is eligible to collect. The court shall take into consideration any pension, retirement or other funds available to either party to effect an equitable distribution between the parties and shall also take into consideration any reduction of entitlement caused by taking early retirement.

(3) In considering under this section whether a change in circumstances exists sufficient for the court to reconsider spousal or child support provisions of a decree, the following provisions apply:

(a) The court shall consider income opportunities and benefits of the respective parties from all sources, including but not limited to:

(A) The reasonable opportunity of each party, the obligor and obligee respectively, to acquire future income and assets.

(B) Retirement benefits available to the obligor and to the obligee.

(C) Other benefits to which the obligor is entitled, such as travel benefits, recreational benefits and medical benefits, contrasted with benefits to which the obligee is similarly entitled.

(b) If the motion for modification is one made by the obligor to reduce or terminate support, and if the obligee opposes the motion, the court shall not find a change in circumstances sufficient for reconsideration of support provisions, if the motion is based upon a reduction of the obligor's financial status resulting from the obligor's taking voluntary retirement, partial voluntary retirement or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith but was for the primary purpose of avoiding the support obligation. In any subsequent motion for modification, the court shall deny the motion if the sole basis of the motion for modification is the termination of voluntarily taken retirement benefits and the obligor previously has been found not to have acted in good faith.

(c) The court shall consider the following factors in deciding whether the actions of the obligor were not in "good faith":

(A) Timing of the voluntary retirement or other reduction in financial status to coincide with court action in which the obligee seeks or is granted an increase in spousal support.

(B) Whether all or most of the income producing assets and property were awarded to the obligor, and spousal support in lieu of such property was awarded to the obligee.

(C) Extent of the obligor's dissipation of funds and assets prior to the voluntary retirement or soon after filing for the change of circumstances based on retirement.

(D) If earned income is reduced and absent dissipation of funds or large gifts, whether the obligor has funds and assets from which the spousal support could have been paid.

(E) Whether the obligor has given gifts of substantial value to others, including a current spouse, to the detriment of the obligor's ability to meet the preexisting obligation of spousal support.

(4) Upon terminating a duty of spousal support, a court shall make specific findings of the basis for the termination and shall include the findings in the judgment order.

(5) Any modification of spousal support granted because of a change of circumstances may be ordered effective retroactive to the date the motion for modification was filed or to any date thereafter.

(6) The decree is a final judgment as to any installment or payment of money which has accrued up to the time either party makes a motion to set aside, alter or modify the decree, and the court does not have the power to set aside, alter or modify such decree, or any portion thereof, which provides for any payment of money, either for minor children or the support of a party, which has accrued prior to the filing of such motion. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or decree, during which the obligated parent has physical custody of the child with the knowledge and consent of the custodial parent.

(7) In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.

(8) Whenever a motion to establish, modify or terminate child support or satisfy or alter support arrearages is filed and public assistance, as defined in ORS 416.400, is being granted to or on behalf of a dependent child or children, natural or adopted, of the parties, a true copy of the motion shall be served by mail or personal delivery on the Administrator of the Support Enforcement Division of the Department of Justice, or on the branch office of the division providing service to the county in which the motion is filed.

(9)(a) Except as provided in ORS 109.700 to 109.930, the courts of Oregon, having once acquired personal and subject matter jurisdiction [over a party] in a domestic relations action, retain such jurisdiction regardless of any change of domicile.

(b) The courts of Oregon, in a proceeding to establish, enforce or modify a child support order, shall recognize the provisions of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. 1738B).

(10) In a proceeding under this section to reconsider provisions in a decree relating to custody or parenting time, the court may consider repeated and unreasonable denial of, or interference with, parenting time to be a substantial change of circumstances.

(11) Within 30 days after service of notice under subsection (1) of this section, the party served must file a written response with the court.

ARTICLE V. DATA MATCHES/INFORMATION SHARING

SECTION 66. ORS 25.650, as amended by section 35, chapter 704, Oregon Laws 1997, is amended to read:

25.650. (1)(a) Notwithstanding any other law, and subject to rules established by the Department of Human Resources, for cases in which there is [overdue] past due support, the Department of Justice [may] shall:

(A) Report periodically to consumer reporting agencies the name of any obligor who is delinquent in the payment of support and the amount owed by the obligor; and

(B) Otherwise make available to [consumer reporting agencies] a consumer reporting agency upon [their] its request information regarding the amount of [overdue] past due support owed by an [absent parent] obligor. [The Department of Justice may charge the agency a fee not to exceed the actual cost to the state of providing this information.]

[(2)] (b) The Department of Justice must provide advance notice to both the [absent parent who owes the support] obligor and the obligee concerning the proposed release of information to the consumer reporting agency. The notice must inform both parties of the methods available for contesting the accuracy of the information.

(2)(a) If paternity has been established and a consumer report is needed for the purpose of establishing or modifying a child support order, the entity providing support enforcement services may request that a consumer reporting agency provide a report.

(b) At least 10 days prior to making a request under paragraph (a) of this subsection, the entity must notify the obligor or obligee whose report is requested, by certified or registered mail, that the report will be requested.

(3) As used in subsections (1) [and (2)], (2), (4) and (6) of this section, unless the context requires otherwise, "consumer reporting agency" means any person which, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(4) The Department of Justice shall disclose information under subsection (1) of this section only to an entity that has furnished evidence satisfactory to the Department of Justice that the entity is a consumer reporting agency.

(5) The Department of Human Resources shall include in rules adopted under this section a provision that prior to issuing a periodic report the Department of Justice shall provide the obligor with advance notice and an opportunity to object to the claimed delinquency or to bring the past due support current before the Department of Justice issues the periodic report.

(6) When the Department of Justice has made a report to a consumer reporting agency under subsection (1) of this section, the Department of Justice shall promptly notify the consumer reporting agency when the Department of Justice's records show that the obligor no longer owes past due support.

SECTION 67. ORS 106.041 is amended to read:

106.041. (1) All persons wishing to enter into a marriage contract shall obtain a license therefor from the county clerk upon application, directed to any person or religious organization or congregation authorized by ORS 106.120 to solemnize marriages, and authorizing such person, organization or congregation to join together as husband and wife the persons named in the license.

(2) No license shall be issued by the county clerk until the provisions of this section, ORS 106.050 and 106.060 are complied with.

(3) Each applicant for marriage license shall file with the county clerk from whom the license is sought a written application for the license on forms provided for this purpose by the Health Division which shall [set forth] include the applicant's Social Security number, certain statistical data regarding age, place of birth, sex, occupation, residence and previous marital status of the applicant and, if required, the name and address of the affiant under ORS 106.050.

(4) A license issued after July 13, 1995, must contain the following statement: "Neither you nor your spouse is the property of the other. The laws of the State of Oregon affirm your right to enter into marriage and at the same time to live within the marriage free from violence and abuse."

SECTION 68. ORS 192.555 is amended to read:

192.555. (1) Except as provided in ORS 192.557, 192.559, 192.560, 192.565, 192.570 and 192.585 or as required by the Uniform Disposition of Unclaimed Property Act, ORS 98.302 to 98.436 and 98.992 and sections 121 and 122, chapter 746, Oregon Laws 1997:

(a) No financial institution shall provide any financial records of any customer to a state or local agency.

(b) No state or local agency shall request or receive from a financial institution any financial records of customers.

(2) Subsection (1) of this section shall not preclude a financial institution, in its discretion, from initiating contact with, and thereafter communicating with and disclosing customer financial records to:

(a) Appropriate state or local agencies concerning any suspected violation of the law.

(b) The office of the State Treasurer if the records relate to state investments in commercial mortgages involving the customer. The records and the information contained therein are public records but shall be exempt from disclosure under ORS 192.410 to 192.505 unless the public interest in disclosure clearly outweighs the public interest in confidentiality. However, the following records in the office shall remain open to public inspection:

(A) The contract or promissory note establishing a directly held residential or commercial mortgage and information identifying collateral;

(B) Any copy the office retains of the underlying mortgage note in which the office purchases a participation interest; and

(c) An appropriate state or local agency in connection with any business relationship or transaction between the financial institution and the customer, if the disclosure is made in the ordinary course of business of the financial institution and will further the legitimate business interests of the customer or the financial institution.

(3) Nothing in ORS 192.550 to 192.595 prohibits any of the following:

(a) The dissemination of any financial information which is not identified with, or identifiable as being derived from, the financial records of a particular customer.

(b) The examination by, or disclosure to, the Department of Consumer and Business Services of financial records which relate solely to the exercise of its supervisory function. The scope of the department's supervisory function shall be determined by reference to statutes which grant authority to examine, audit, or require reports of financial records or financial institutions.

(c) The furnishing to the Department of Revenue of information by the financial institution, whether acting as principal or agent, as required by ORS 314.360.

(4) Notwithstanding subsection (1) of this section, a financial institution may:

(a) Enter into an agreement with the Oregon State Bar that requires the financial institution to make reports to the Oregon State Bar whenever a properly payable instrument is presented for payment out of an attorney trust account that contains insufficient funds, whether or not the instrument is honored by the financial institution; and

(b) Submit reports to the Oregon State Bar concerning instruments presented for payment out of an attorney trust account under a trust account overdraft notification program established under ORS 9.132.

SECTION 69. ORS 192.557 is amended to read:

192.557. (1) Upon the request of the Department of Human Resources and the receipt of the certification required under subsection (2) of this section, a financial institution shall advise whether a person has one or more accounts with the financial institution, and if so, the balance on deposit in each such account on the date this information is provided.

(2) In requesting information under subsection (1) of this section, the department shall specify the name and Social Security number of the person upon whom the account information is sought, and shall certify to the financial institution in writing, signed by an agent of the department:

(a) That the person upon whom account information is sought is an applicant for or recipient of public assistance, as described in ORS 411.010 to 411.116; and [, or is required by court or administrative order to provide child or spousal support. In addition:]

[(a) If the account information is sought with respect to a person who is an applicant for or recipient of public assistance,]

(b) That the department [shall further certify that it] has authorization from the person for release of the account information.

[(b) If the account information is sought with respect to a person who is required by court or administrative order to pay child or spousal support, the department shall further certify that the person is delinquent in the payment of such support, and that the department has authorization from the person for release of the account information or has given the person written notice of its request for financial information, or will give such notice within five days after the financial institution responds to the request.]

(3) Any financial institution supplying account information under ORS 192.550 to 192.557 and 411.632 shall be reimbursed for actual costs incurred.

(4) No financial institution that supplies account information to the department pursuant to this section shall be liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of account information under this section.

(5) Each financial institution that is requested to supply account information under this section may specify to the department that requests for account information and responses from the financial institution shall be submitted in written, tape or electronic format. A reasonable time shall be provided the financial institution for response.

(6) The department shall seek account information under this section only with respect to persons who are applicants for or recipients of public assistance as described in ORS 411.010 to 411.116 [or who are required by court or administrative order to provide child or spousal support and are delinquent in the payment of such support].

(7) As used in this section, "department" means the Department of Human Resources.

(8)(a) Financial institutions shall provide to the Department of Human Resources or other entity providing support enforcement services under ORS 25.080 information concerning a party to a proceeding to establish, modify or enforce the child support obligation of the party in accordance with sections 121 and 122, chapter 746, Oregon Laws 1997.

(b) For purposes of this subsection, "financial institution" has the meaning given that term in section 120, chapter 746, Oregon Laws 1997.

SECTION 70. ORS 432.165 is amended to read:

432.165. (1) All superintendents or managers or other persons in charge of institutions shall keep a record of personal data concerning each person admitted or confined to the institution. This record shall include such information as required for the certificates of birth and death and the reports of fetal death and induced termination of pregnancy required by this chapter. The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.

(2) When a dead body or fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, Social Security number, if issued, date of death, name and address of the person to whom the body or fetus is released and the date of removal from the institution. If final disposition is made by the institution, the date, place and manner of disposition shall also be recorded.

(3) A funeral service practitioner, embalmer, sexton or other person who removes from the place of death, transports or makes final disposition of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or rules adopted pursuant thereto, shall keep a record which shall identify the body, and such information pertaining to receipt, removal, delivery, burial or cremation of the body as may be required by rules adopted by the State Registrar of the Center for Health Statistics.

(4) A medical examiner or a physician authorized by law to sign a death certificate who is notified of the death of a person not under the care of institutions shall keep a record.

(5) Copies of records described in this section shall be sent to the state registrar at least monthly. Records maintained under this section shall be retained by the institution, medical examiner or physician and the persons described in subsection (3) of this section for a period of not less than two years and shall be made available for inspection by the state registrar or a representative of the state registrar upon demand.

SECTION 71. ORS 432.307 is amended to read:

432.307. (1) A certificate of death for each death that occurs in this state shall be filed with the county registrar of the county in which the death occurred or with the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five days after death or the finding of a dead body and prior to final disposition, and shall be registered if it has been completed and filed in accordance with this section.

(a) If the place of death is unknown, but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation. If the date cannot be determined by approximation, the date the dead body is found shall be entered and identified as the date of death.

(b) When death occurs in a moving conveyance:

(A) In the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death.

(B) While in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined.

(2) The funeral service practitioner or person acting as such who first assumes custody of the dead body shall file the certificate of death. The funeral service practitioner or person acting as such shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor. The funeral service practitioner or person acting as such shall provide the certificate of death containing information as specified by rule to identify the decedent to the certifier within 48 hours after death.

(3) The physician in charge of the care of the patient for the illness or condition that resulted in death shall complete, sign and return the medical certification of death to the funeral service practitioner or person acting as such within 48 hours after receipt of the certificate of death by the physician, except when inquiry is required by ORS chapter 146. In the absence or inability of the physician or with the approval of the physician, the medical certification of death may be completed by an associate physician, the chief medical officer of the institution in which death occurred or the physician who performed an autopsy upon the decedent, provided that the individual has access to the medical history of the case and death is due to natural causes. The person completing the medical certification of death shall attest to its accuracy either by signature or by an approved electronic process.

(4) When inquiry is required by ORS chapter 146, the medical examiner shall determine the cause of death and shall complete and sign the medical certification of death within 48 hours after taking charge of the case.

(5) If the cause of death cannot be determined within the time prescribed, the medical certification of death shall be completed as provided by rule of the state registrar. The attending physician or medical examiner shall give the funeral service practitioner or person acting as such notice of the reason for the delay and final disposition of the body shall not be made until authorized by the attending physician or medical examiner.

(6) Upon receipt of autopsy results or other information that would change the information in the "Cause of Death" section of the certificate of death from that originally reported, the certifier shall immediately file a supplemental report of cause of death with the Center for Health Statistics to amend the certificate.

(7) When a death is presumed to have occurred within this state but the body cannot be located, a certificate of death may be registered by the state registrar only upon receipt from the State Medical Examiner. Such a death certificate shall be marked "Presumptive" and shall show on its face the date of registration.

(8) When a death occurring in this state has not been registered within the time period prescribed by this section, a certificate of death may be filed in accordance with rules of the state registrar. The certificate shall be registered subject to evidentiary requirements as the state registrar by rule shall prescribe to substantiate the alleged facts of death.

(9) A certificate of death registered one year or more after the date of death or the date the dead body was found shall be marked "Delayed" and shall show on its face the date of the delayed registration.

(10) When an applicant does not submit the minimum documentation required by rule of the state registrar for delayed registration or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of death and shall advise the applicant of the right of appeal under ORS 183.480 to 183.484.

(11) A certificate of death required to be filed under this section shall contain the Social Security number of the decedent whenever the Social Security number is reasonably available from other records concerning the decedent or can be obtained from the person in charge of the final disposition of the decedent.

ARTICLE VI. OTHER MANDATES

A. CONFIDENTIALITY

SECTION 72. ORS 25.260 is amended to read:

25.260. (1) For the protection of applicants for and recipients of support enforcement services and the protection of any other person who may be a party to a proceeding to establish, modify or enforce a support obligation or an obligation to provide medical insurance coverage, the Support Enforcement Division, the district attorney and the Department of Human Resources, unless otherwise authorized by law, shall not disclose or use the contents of any records, files, papers or communications for purposes other than those directly connected with:

[(1)] (a) The administration of the plan or program approved under Part A, B, D, E or F of Title IV or under Title I, X, XIV, XVI, XIX or XX of the Social Security Act or the Supplemental Security Income Program established under Title XVI of the Social Security Act;

[(2)] (b) Any investigation, prosecution or criminal or civil proceeding conducted in connection with the administration of the plan or program referred to in [subsection (1) of this section] paragraph (a) of this subsection;

[(3)] (c) The administration of any other federal or federally assisted program that provides assistance, in cash or in kind, directly to individuals on the basis of need; and

[(4)] (d) Reporting to an appropriate agency or official, information on known or suspected instances of physical or mental injury, sexual abuse or exploitation or negligent treatment or maltreatment of a child who is the subject of child support enforcement activity, if the known or suspected instances are related to the child support enforcement activity.

(2) In addition to any penalty to which an individual may be subject under ORS 25.990, an employee of the Department of Justice, of a district attorney or of the Department of Human Resources who discloses or uses the contents of any records, files, papers or communications in violation of subsection (1) of this section is subject to discipline, up to and including dismissal from employment.

SECTION 73. ORS 180.320 is amended to read:

180.320. (1) All state agencies, district attorneys and all police officers of the state, county or any municipality or court thereof, shall cooperate with the Support Enforcement Division of the Department of Justice in furnishing and making available information, records and documents necessary to assist in establishing or enforcing support obligations or paternity, in performing the duties set out in ORS 25.080 and in determining the location of any absent parent or child for the purpose of enforcing any state or federal law regarding the unlawful taking or restraint of a child or for the purpose of making or enforcing a child custody determination. Notwithstanding the provisions of ORS 109.225, 416.430, 432.121, 432.230 and 432.430, records pertaining to the paternity of a child shall be made available upon written request of an authorized representative of the Support Enforcement Division. Any information obtained pursuant to this subsection is confidential, and shall be used only for the purposes set out in this subsection. [Any employee of the Support Enforcement Division who, except for the purposes authorized by this subsection or as otherwise required by law, discloses confidential information is to be immediately dismissed and is thereafter disqualified from holding any employment with the Department of Justice for a period of five years.]

(2) Information furnished to the Support Enforcement Division by the Department of Revenue and made confidential by ORS 314.835 shall be used by the division and its employees solely for the purpose of enforcing the provisions of ORS 180.320 to 180.370 and shall not be disclosed or made known for any other purpose. Any person who violates the prohibition against disclosure contained in this subsection, upon conviction, is punishable as provided in ORS 314.991 (2).

B. ASSISTANCE ASSIGNMENT/SANCTION

SECTION 74. ORS 418.042 is amended to read:

418.042. (1) Aid, as defined in ORS 418.035 (2), shall not be granted to, or on behalf of, any applicant[,] or recipient and for as long as the applicant or recipient refuses to assign to the Department of Human Resources any rights to support from any other person such applicant may have personally or in behalf of any other family member for whom the applicant is applying for or receiving aid, and which have accrued at any time such assignment is executed. [, or refuses to cooperate with the Department of Human Resources in establishing the paternity of a child born out of wedlock and in obtaining support or other payments or property due the applicant or the child. Except as provided in subsection (2) of this section,] If aid is paid and received for the support of a child, the rights to child support that any person may have for the child are deemed to have been assigned by operation of law to the Department of Human Resources. Notice of the assignment by operation of law shall be given to the applicant at the time of application for public assistance, and shall be given to any obligee who may hold some interest in such support rights by depositing a notice in the United States mail, postage prepaid, addressed to the last-known address of such person. Assignment of support rights to the Department of Human Resources shall be as set forth in rules adopted by the Department of Human Resources.

(2) [An applicant for or recipient of aid who makes a material contribution, according to guidelines established by the department,] Except as otherwise provided in this subsection, an applicant or recipient who receives aid as defined in ORS 418.035 (2) shall cooperate with the Department of Human Resources in establishing the paternity of [a] the applicant's or recipient's child born out of wedlock [or] and in obtaining support or other payments or property due the applicant[, recipient] or child. [shall receive from the department a payment equal to the amount collected, $500 or the equivalent of one month's child support payment, whichever is least.]

[(3) The amount paid to an individual under subsection (2) of this section is in addition to and not in lieu of any amount required by federal law to be paid to the individual.]

[(4) Nothing in this section shall be construed to require an applicant or recipient to provide identification information the validity of which is subject to honest doubts or the public disclosure of which might reasonably tend to subject the applicant to a deprivation of constitutional liberty or property rights.] An applicant or recipient is not required to cooperate if there is good cause or some other exception to the cooperation requirement that takes into account the best interest of the child. The Department of Human Resources shall adopt rules defining good cause, other exceptions to cooperation and noncooperation by an applicant or recipient, and setting the sanction for noncooperation. The sanction may include total ineligibility of the family for aid, but in no situation may the sanction be less than a 25 percent reduction of the monthly grant amount. At the time an applicant applies for aid, the Department of Human Resources shall inform the applicant, in writing, of the requirement of and exceptions to cooperation and the sanctions for noncooperation, and shall inform recipients, in writing, whenever eligibility for aid is redetermined.

SECTION 75. ORS 418.032 is amended to read:

418.032. (1) Whenever the State Office for Services to Children and Families has accepted custody of a child under the provisions of ORS 418.015 and is required to provide financial assistance for the care and support of the child, it shall, by operation of law, be assignee of and subrogated to any right to support from any other person including any sums [which] that may have accrued, up to the amount of assistance provided by the office. If the right to support is contained in a decree or order [which] that requires a single gross monthly payment for the support of two or more children, the assignment and right of subrogation shall be of such child's proportionate share of the gross amount. The assignment shall be as provided in ORS 418.042.

(2) The State Office for Services to Children and Families shall attempt to enter into agreements with any person who voluntarily gives custody of a child with mental or physical disabilities to the office. Any agreement entered into shall set out the timely and nonadversarial settlement of child support obligations that the person may have with respect to the child.

SECTION 76. ORS 419B.406 is amended to read:

419B.406. When a child is in the legal custody of the State Office for Services to Children and Families and such child is the beneficiary of an existing order of support in a decree of dissolution or other order and the office is required to provide financial assistance for the care and support of such child, the State Office for Services to Children and Families shall be assignee of and subrogated to such child's proportionate share of any such support obligation including sums [which] that have accrued whether or not the support order or decree provides for separate monthly amounts for the support of each of two or more children or a single monthly gross payment for the benefit of two or more children, up to the amount of assistance provided by the office. The assignment shall be as provided in ORS 418.042.

SECTION 77. ORS 419C.597 is amended to read:

419C.597. When a youth is in the legal custody of the Oregon Youth Authority and such youth is the beneficiary of an existing order of support in a decree of dissolution or other order and the youth authority is required to provide financial assistance for the care and support of such youth, the youth authority shall be assignee of and subrogated to such youth's proportionate share of any such support obligation including sums [which] that have accrued whether or not the support order or decree provides for separate monthly amounts for the support of each of two or more children or a single monthly gross payment for the benefit of two or more children, up to the amount of assistance provided by the youth authority. The assignment shall be as provided in ORS 418.042.

C. CONFORMING AMENDMENTS

SECTION 78. ORS 25.030 is amended to read:

25.030. [(1)] Support orders in respect of obligees not subject to ORS 25.020 may provide for payment under the order:

[(a) To the clerk of the court if the Chief Justice of the Supreme Court determines it is practicable and efficient that the clerk maintain support collection, accounting and disbursement services for those obligees and directs the clerk, by order, to maintain those services;]

[(b)] (1) To a checking or savings account [established] pursuant to ORS 25.130, if the obligor and obligee have so elected or if the court in its discretion believes that checking or savings account payment will be in the best interest of the parties; or

[(c)] (2) Directly to the obligee by deposit into the obligee's bank account.

[(2) The maintenance by the clerk of a court of support collection, accounting and disbursement services under subsection (1)(a) of this section may be discontinued by the Chief Justice of the Supreme Court by order. Immediately upon such discontinuance, the support due under orders of the court shall become payable as provided in subsection (1)(c) of this section.]

[(3) If the clerk of a court maintains support collection, accounting and disbursement services under subsection (1)(a) of this section, the clerk shall collect, from persons ordered to make support payments, such fees for those services as may be established under ORS 21.325 (8) or 205.320 (9). Those fees shall be a charge against the person ordered to make support payments and may be collected out of payments before transmitting the payments to the person for whose benefit the decree or order was made.]

SECTION 79. ORS 25.070, as amended by section 15, chapter 704, Oregon Laws 1997, is amended to read:

25.070. Any decree, judgment or order entered in a proceeding for the enforcement of any delinquent support obligation, including an order entered under ORS 25.311, shall include, on the motion of the Support Enforcement Division of the Department of Justice or the district attorney, if either has appeared in the case, an order for payment of any support enforcement fees required by law in addition to any other costs chargeable to the obligor, and in addition to the support obligation. The Department of Justice [or the clerk of the court out of which the order is issued, whichever is appropriate,] shall deduct the amount of any previously imposed support enforcement fees from any payment subsequently made by the obligor but the amount of the deduction shall not exceed 25 percent of any payment. The support enforcement fee, when collected, shall be paid to the Support Enforcement Division of the Department of Justice or the district attorney, whichever appeared in the case.

SECTION 80. ORS 25.130, as amended by section 19, chapter 704, Oregon Laws 1997, is amended to read:

25.130. (1) [Whenever the obligee is not a recipient of general or public assistance or is not a former recipient with unreimbursed past assistance, the obligee and obligor may elect not to make payments in the manner described in ORS 25.030 (1)(a), but may instead elect to make payments directly into a checking or savings account established in the obligee's name.] The parties may elect to make support payments as provided in ORS 25.030 unless the provisions of ORS 25.020 (1) apply. The election terminates when the provisions of ORS 25.020 (1) apply subsequent to the election.

(2) The election shall be in writing and filed with the court that entered the support order [if the clerk of the court maintains support collection services]. The election must be signed by both the obligor and the obligee and must specify the amount of the support payment, the date payment is due, the court order number and the account number of the checking or savings account that is to be used.

[(2) The checking or savings account election does not alter the requirement set out in ORS 25.020 (1) providing for payments to the Department of Justice. The election may be filed subsequent to or contemporaneously with the order or decree.]

[(3) The election authorized by this section is terminated if:]

[(a) The obligee becomes a recipient of general or public assistance, as defined by ORS 411.010, or care, support or services pursuant to ORS 418.015;]

[(b) Either party requests cancellation; or]

[(c) The obligee applies to the district attorney or the Support Enforcement Division for enforcement services.]

[(4)] (3) Notice of termination of the bank option and payment requirements pursuant to ORS 25.020 or 25.030 shall be sent by [either the clerk or] the Department of Justice to the obligor's and to the obligee's last-known address.

SECTION 81. ORS 25.150, as amended by section 21, chapter 704, Oregon Laws 1997, is amended to read:

25.150. [(1)] The Department of Justice shall assess and collect any fees for enforcement services and collection, accounting and disbursement services required by federal law or regulation, or state law or administrative rule.

[(2) The clerk of the court shall assess and collect any fees for enforcement services and collection, accounting and disbursement services required by federal law or regulation, state law, or county ordinance or resolution.]

SECTION 82. ORS 25.160, as amended by section 22, chapter 704, Oregon Laws 1997, is amended to read:

25.160. (1) For the purposes of ORS 25.020 [to 25.040], 25.030, 25.070, [25.090] 25.080, 25.085 and 25.130 to 25.160, [any] all support [case may] cases shall be referred by the district attorney to the Department of Justice for provision of collection, accounting and disbursement services when[:]

[(a)] a written application for enforcement is made to the district attorney or the Support Enforcement Division and the case qualifies for support enforcement services under federal regulations and state law. [and the district attorney agrees to take enforcement action; or]

[(b) A written application for enforcement is made to the district attorney and any support obligation due as current support within the preceding six months is more than 60 days overdue.]

[(2)(a)] (2) The Department of Justice shall continue collection, accounting and disbursement services for any case referred under subsection (1)[(a)] of this section until notified by the district attorney or the Support Enforcement Division that enforcement action has been discontinued.

[(b) The Department of Justice shall continue collection, accounting and disbursement services for any case referred under subsection (1)(b) of this section for at least six months. If at the end of the six-month period, the district attorney has not agreed to provide enforcement services, the Department of Justice may discontinue collection, accounting and disbursement services.]

SECTION 83. ORS 29.145 is amended to read:

29.145. This section establishes a form for a writ of garnishment issued by the clerk of the court as described in ORS 29.137 and 29.138. A writ of garnishment issued by the clerk of the court shall be in substantially the following form:

___________________________________________________________________

(This form is for garnishments issued under ORS 29.137 and 29.138)

IN THE ______ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF ______

________ )

Plaintiff, ) WRIT OF

) GARNISHMENT

) ISSUED BY THE

vs. ) COURT CLERK

) Case No. ____

________, )

Defendant. )

IN THE NAME OF THE STATE OF OREGON, TO: ___________.

You are now a Garnishee.

AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following information is to be filled in by the Creditor):

On the ___ day of ____, 19__, (cross out one) plaintiff/defendant _______, named above and called "Creditor," has (check one):

____ filed an action

____ obtained a judgment (a court order for the payment of money) against the (cross one out) plaintiff/defendant ______, named above and called "Debtor." The Debtor's Social Security Number or Employer Identification Number is __________ (insert if known). The following amount is necessary to satisfy the Creditor's claim or judgment:

+Claim or Judgment Debt $_____

+Prejudgment Interest $_____

+Attorney Fees $_____

+Cost Bill $_____

+Post-Judgment Interest $_____

+Delivery Fee for this Writ $_____

+Issuance Fee for this Writ $_____

+Sheriff's Fees other

than Delivery Fees $_____

+Other (Explain. Attach

additional sheets

if necessary. NOTE: INSERTING ITEMS

AND AMOUNTS NOT LAWFULLY SUBJECT

TO COLLECTION BY GARNISHMENT MAY

RESULT IN LIABILITY FOR WRONGFUL

EXECUTION.)

______ $_____

Total other from

additional sheet

(if used) $_____

+Past Writ Issuance Fees $_____

+Past Delivery Fees $_____

+Transcript and Filing

Fees for other counties $_____

=Subtotal $_____

LESS Payments Made $(____)

=TOTAL Amount Required to

Satisfy in Full this Claim

or Judgment $_____

THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.

* * *

Witness the hand and seal of the court on this ___ day of ____, 19__.

CLERK OF THE COURT

By _______________

State of Oregon )

) ss.

County of_____ )

I certify that the foregoing is a true and correct copy of the original Writ of Garnishment in the above-entitled case.

CLERK OF THE COURT

By ______________

___________________________________________________________________

I certify that I have read the Writ of Garnishment; and to the best of my knowledge, information and belief, there is good ground to support it, and all sums included above are lawfully subject to collection by this garnishment.

_______________________________

Creditor/Creditor's Attorney (or Agent)

_________________ ________________

Address Telephone Number

_____________________

Oregon State Bar Number

(if applicable)

* * *

GARNISHEE'S DUTIES

YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY OR OWE ANYTHING TO THE DEBTOR.

IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT UN-TRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN REQUIRED TO DO SO, YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE TO THE CREDITOR FOR THE LESSER OF:

(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR

(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF PROPERTY YOU HOLD.

NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT AS A RESULT OF THIS GARNISHMENT.

As a Garnishee, you must take the following steps:

STEP 1. COMPLETE THE CERTIFICATE AND SCHEDULE.

Except when you have not received the original writ or a true copy thereof, one additional copy of the writ and, if you are a financial institution, a garnishee's search fee of $10, within five days of receiving the writ, you must fill out and file the forms below called "Certificate of Garnishee" and, if required (see schedule form), the "Earnings Exemption Computation Schedule."

In filling out the form, you must describe any garnished property or debts you know you have in your possession. This writ garnishes only personal property of the Debtor you hold or debts you owe to the Debtor as of the date you received this writ, including debts that existed but were not yet due when you received this writ. You file these forms by following Step 2 below.

If you have questions, you should contact an attorney. The clerk of court cannot give you legal advice.

If, when the writ was delivered to you, you did not receive the original writ or a true copy thereof, one additional copy of the writ and, if you are a financial institution, a garnishee's search fee of $10, the garnishment is not effective to garnish any property, you are not required to respond by filing the garnishee's certificate and you may deal with any property of the Debtor as though the garnishment had not been issued.

If the writ does not comply with Oregon law or if you cannot tell from the writ whether you hold any property or owe any debt to the Debtor, the writ does not garnish anything, but you must fill out the certificate anyway and follow Step 2. Keep a copy for your records.

If the writ does comply with Oregon law and you can tell that you may hold property of or owe a debt to the Debtor but you are not sure what or how much, you must fill out the certificate anyway and explain why. You must then follow Step 2. When you find out whether or what you do owe the Debtor, you should amend the certificate, even if you find out you do not owe the Debtor anything. Follow Step 2 again and file the amended certificate.

If you discover before you send your certificate under Step 2 that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor under section 301, 302 or 303 of the United States Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate any garnished property or debts that you know that you have in your possession, and note on the certificate that a bankruptcy petition has been filed.

After filing the certificate under Step 2, go on to Step 3 if you owe anything to the Debtor or hold property that belongs to the Debtor.

STEP 2. FILE THE CERTIFICATE AND SCHEDULE.

Within five days of receiving the writ, you must send all of the following (information to be filled in by Creditor):

The original certificate and schedule form to the clerk of circuit court of ____ County at:

Street address: ___________

City ______ County ______

State ______ Zip code _____

A copy of the certificate and schedule form to the Debtor at (last-known address):

Name ______________

Street address ___________

City ______ State ______

Zip Code _______

Telephone number (if known) _____

A copy of the certificate and schedule form to the Creditor at:

Name ______________

Street address ___________

City ______ State ______

Zip Code _______

Telephone number ________

A copy of the certificate to the Sheriff of the county where this writ was delivered to you. You will need to look up the address. You are required to send a copy to the Sheriff only if you hold personal property of the Debtor or owe a debt or other obligation payable to the Debtor other than a debt or other obligation payable that is due now or will become due within 45 days.

STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.

Unless you have discovered that a bankruptcy petition has been filed by or on behalf of the Debtor and your certificate contains a statement to that effect, and if, after exercising any applicable right of setoff, you owe anything to the Debtor or hold property that belongs to the Debtor, you must do (a) or (b) below, or both, after you file the certificate under Step 2, depending on what you owe or hold:

(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or hold a debt or other obligation payable in money that is due now or will become due in 45 days, do the following:

Unless you receive a notice of claim of exemption or other direction from the court (a document or other notice from the clerk of the court telling you what to do with the money or informing you that the Debtor is claiming that all or some of the money cannot be garnished), when you send your certificate or when the debt or other obligation becomes due, whichever is later, make your check or other draft payable to the Creditor and send the payment directly to the Creditor at the address shown in Step 2.

In making payments under this writ, you may first deduct any garnishment processing fee which you levy as permitted in ORS 29.377, and you need to prorate any wages or periodic payments, so that you pay only the amount you owe the Debtor on the date you receive this writ.

If you receive a notice of claim of exemption from the court or direction from the court to deliver the money to the court and have not yet forwarded the money, send or deliver the payment directly to the clerk of the court. You must send the payment promptly with the Certificate of Garnishee if it is now due; otherwise, send it when it becomes due and send the Certificate of Garnishee as required under Step 2. If you make payment by check or other draft, make it payable to the court. Because you may be liable for money that does not reach the court, it is better not to send cash by mail.

AND/OR

(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed your certificate with the Sheriff under Step 2, do the following even if you receive a notice of claim of exemption from the court:

Hold subject to this garnishment the debt or property now in your possession, control or custody until you receive written notice from the Sheriff. The Sheriff's notice should tell you what to do with the debt or property. If the debt or property is not convenient for you to deliver to the Sheriff and you want the Sheriff to come get the property, you must explain this fact on the certificate.

If you have followed all of the steps in this writ and you receive no notice from the Sheriff within 30 days after this writ was delivered to you, you may treat this garnishment as being of no further force or effect.

As long as this writ is in effect, you may be liable to the Creditor if you pay any debt or turn over any property to the Debtor, except the exempt portion of any wages you owe to the Debtor unless you are otherwise directed by the court or unless the claim or judgment for which this writ of garnishment was given is satisfied in full.

___________________________________________________________________

EARNINGS EXEMPTION

COMPUTATION SCHEDULE

The Garnishee must complete the following form and fill in the correct amounts only if the Garnishee is an employer of the Debtor under ORS 23.175.

1. Debtor's gross weekly

"earnings".......................................................................... $____

2. Amounts required to be

withheld by law

(Federal and state

withholding, social

security, etc.)................................................................ $____

3. Debtor's "disposable

earnings" for week -

Subtract line 2

from line 1.................................................................... $____

4. Minimum Exemption

(a) For wages payable

before June 30, 1992.................................................... $150

(b) For wages payable

before June 30, 1993.................................................... $160

on or after July 1, 1993................................................. $170

5. Maximum Exemption -

Enter 75 percent of line 3.................................................... $____

6. Earnings exempt

from garnishment -

Line 4 or 5,

whichever is greater...................................................... $____

7. Nonexempt earnings -

Subtract line 6

from line 3.................................................................... $____

8. Amounts withheld pursuant to

a support order under

support withholding

process available under

prior law or

ORS chapter 25................................................................... $____

9. Earnings subject

to garnishment -

Subtract line 8

from line 7.................................................................... $____

___________________________________________________________________

(Case caption to be completed

by Creditor)

IN THE _______ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF _______

________ )

Plaintiff, ) CERTIFICATE OF

) GARNISHEE

) Case No. ____

vs. )

)

________, )

Defendant. )

TO: The Clerk of Court, Debtor, Creditor/Creditor's Attorney and (if applicable) Sheriff

(Following to be completed by Garnishee)

State of _______

County of _______

I hereby certify that at the time of delivery to me of the foregoing Writ of Garnishment on the ___ day of ______, 19___, I had in my possession, control or custody only the following property, money, debts, rights, dues or credits due or to become due, belonging or owing to the Debtor named in said Writ of Garnishment (include due date if not yet due):

___________________________________________________________________

I have placed a check in front of all the following statements that apply (more than one may apply):

__ I do not owe money to or hold personal property of the Debtor.

__ The Writ of Garnishment does not comply on its face with Oregon garnishment law or I am unable to determine from the information in the writ whether I hold any property of the Debtor. (Explain)

____________________________________

__ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor.

__ The writ does comply with Oregon law and I am able to determine that I may owe money to or hold property of the Debtor, but I am not sure what or how much it might be. I will file an amended certificate when I find out. (Explain)

____________________________________

__ I owe a debt or other obligation to the Debtor, which is not now due but will become due within 45 days. I will forward the money when the debt or other obligation becomes due.

__ I am holding personal property of or owe a debt or other obligation to the Debtor other than a debt or obligation due within 45 days. I am sending this certificate to the Sheriff and if I receive instructions from the Sheriff within 30 days I will follow those instructions even if I receive notice of claim of exemption.

__ I owe a debt or other obligation to the Debtor which is now due and I am forwarding the money owed or enough of it to satisfy the garnishment to the Creditor.

__ (For FINANCIAL INSTITUTIONS only): I owe a debt or other obligation to the Debtor, and the Debtor owes a debt or other obligation to me, which I certify was due at the time I received the Writ of Garnishment. Pursuant to ORS 29.205 [(4)] (5), I have offset the sum of $____ and applied it to the debt owed to me, and I am forwarding the balance of the money I owe the Debtor, or enough of it to satisfy the garnishment, to the Creditor.

__ I owe a debt or other obligation to the Debtor, and the Debtor owes a debt or other obligation to the holder of an underlying lien on my property. Pursuant to ORS 29.205 [(7)] (8), I have offset the sum of $____ and paid that amount to the underlying lienholder, and I am forwarding the balance of the money I owe the Debtor, or enough of it to satisfy the garnishment, to the Creditor.

__ I am holding personal property other than money, but it is inconvenient to deliver the property to the Sheriff. I will hold the property until the Sheriff picks it up. (Explain)

____________________________________

__ I have received a notice of claim of exemption or other direction from the clerk of court and am forwarding funds to the clerk of court.

__ Other (Explain)

____________________________________

Dated _____, 19___

_________________

Name of Garnishee

_________________

Signature

_________________

Address

(Statutes affecting Garnishee responses include ORS 29.138, 29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285 and 29.305)

___________________________________________________________________

SECTION 84. ORS 29.147 is amended to read:

29.147. This section establishes a form for a writ of garnishment issued by an attorney as described in ORS 29.137 and 29.139. A writ of garnishment issued by an attorney shall be in substantially the following form:

___________________________________________________________________

(This form is for garnishments issued under ORS 29.137 and 29.139)

IN THE _______ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF ______

__________ )

Plaintiff, ) WRIT OF

) GARNISHMENT

) ISSUED BY

) ATTORNEY OR

vs. ) ADMINISTRATOR

)

__________, ) Case No. ______

Defendant. )

IN THE NAME OF THE STATE OF OREGON, TO: ___________.

You are now a Garnishee.

AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following information is to be filled in by the Creditor):

On the __ day of ______, 19___, (cross out one) plaintiff/defendant ________, named above and called "Creditor," has obtained a judgment (a court order for the payment of money) against the (cross one out) plaintiff/defendant ________, named above and called "Debtor." The Debtor's Social Security Number or Employer Identification Number is ____ (insert if known). The following amount is necessary to satisfy the Creditor's judgment:

+Judgment Debt $_____

+Prejudgment Interest $_____

+Attorney Fees $_____

+Cost Bill $_____

+Post-Judgment Interest $_____

+Delivery Fee for this Writ $_____

+Sheriff's Fees other

than Delivery Fees $_____

+Other (Explain. Attach

additional sheets

if necessary. NOTE: INSERTING ITEMS

AND AMOUNTS NOT LAWFULLY SUBJECT

TO COLLECTION BY GARNISHMENT MAY

RESULT IN LIABILITY FOR WRONGFUL

EXECUTION.)

______ $_____

Total other from

additional sheet

(if used) $_____

+Past Writ Issuance Fees $_____

+Past Delivery Fees $_____

+Transcript and Filing

Fees for other counties $_____

=Subtotal $_____

LESS Payments Made $(_____)

=Total Amount Required to

Satisfy in Full this

Judgment $_____

THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.

* * *

________________________________

Creditor's Attorney or Administrator's

Authorized Representative

_____________________ __________________

Address Telephone Number

_____________________

Oregon State Bar Number

(if issued by attorney)

_____________________

Date of Issuance

* * *

GARNISHEE'S DUTIES

YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY OR OWE ANYTHING TO THE DEBTOR.

IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN REQUIRED TO DO SO, YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE TO THE CREDITOR FOR THE LESSER OF:

(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR

(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF THE PROPERTY YOU HOLD.

NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT AS A RESULT OF THIS GARNISHMENT.

As Garnishee, you must take the following steps:

STEP 1. COMPLETE THE CERTIFICATE AND SCHEDULE.

If you have questions, you should contact an attorney. The clerk of court cannot give you legal advice.

After filing the certificate under Step 2, go on to Step 3 if you owe anything to the Debtor or hold property that belongs to the Debtor.

STEP 2. FILE THE CERTIFICATE AND SCHEDULE.

Within five days of receiving this writ, you must send all of the following (information to be filled in by Creditor):

A copy of the certificate and schedule form to the Creditor or to the Creditor's Attorney at:

Name ______________

Street address ___________

City ______ State ______

Zip Code _____

Telephone number ______

The original certificate and schedule form to the clerk of circuit court of _______ County at:

Street address ___________

City ______ County ______

State ______ Zip Code _____

A copy of the certificate and schedule form to the Debtor at (last known address):

Name ______________

Street address ___________

City ______ State ______

Zip Code _____

Telephone number (if known) _____

A copy of the certificate to the Sheriff of the county where this writ was delivered to you. You will need to look up this address. You are required to send a copy to the Sheriff only if you hold personal property of the Debtor or owe a debt or other obligation payable to the Debtor other than a debt or other obligation payable in money that is due now or will become due within 45 days.

However, if you, after exercising any applicable right of setoff, have no property of the Debtor and owe no debt to the Debtor, you are only required to send your certificate to the Creditor or to the Creditor's Attorney at the address shown above. You do not have to send anything to the clerk or the Debtor.

STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.

(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or hold a debt or other obligation payable in money that is due now or will become due in 45 days, do the following:

Unless you receive a notice of claim of exemption or other direction from the court (a document or other notice from the clerk of the court telling you what to do with the money or informing you that the Debtor is claiming that all or some of the money cannot be garnished), when you send your certificate or when the debt or other obligation becomes due, whichever is later, make your check or other draft payable to the Creditor, or to the Creditor's Attorney if the Creditor's Attorney is listed in Step 2, and send the payment directly to the Creditor or to the Creditor's Attorney at the address shown in Step 2.

In making payments under this writ, you may first deduct any garnishment processing fee which you levy as permitted in ORS 29.377, and you need to prorate any wages or periodic payments so that you pay only the amount you owe the Debtor on the date you receive this writ.

AND/OR

(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed your certificate with the Sheriff under Step 2, do the following even if you receive a notice of claim of exemption from the court:

As long as this writ is in effect, you may be liable to the Creditor if you pay any debt or turn over any property to the Debtor, except the exempt portion of any wages you owe to the Debtor unless you are otherwise directed by the court or unless the claim or judgment for which this Writ of Garnishment was given is satisfied in full.

___________________________________________________________________

EARNINGS EXEMPTION COMPUTATION SCHEDULE

The Garnishee must complete the following form and fill in the correct amounts only if the Garnishee is an employer of the Debtor under ORS 23.175.

1. Debtor's gross weekly

"earnings"............................................................................ $____

2. Amounts required to be

withheld by law

(Federal and state

withholding, social

security, etc.)................................................................ $____

3. Debtor's "disposable

earnings" for week -

Subtract line 2

from line 1.................................................................... $____

4. Minimum Exemption

(a) For wages payable

before June 30, 1992.................................................... $150

(b) For wages payable

before June 30, 1993.................................................... $160

after July 1, 1993.......................................................... $170

5. Maximum Exemption -

Enter 75 percent

of line 3................................................................................ $____

6. Earnings exempt

from garnishment -

Line 4 or 5,

whichever is

greater........................................................................... $____

7. Nonexempt earnings -

Subtract line 6

from line 3.................................................................... $____

8. Amounts withheld pursuant

to a support order under

support withholding

process available under

prior law or

ORS chapter 25................................................................... $____

9. Earnings subject

to garnishment -

Subtract line 8

from line 7.................................................................... $____

___________________________________________________________________

(Case caption to be completed by Creditor)

IN THE _______ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF _______

________ )

Plaintiff, ) CERTIFICATE OF

) GARNISHEE

vs. )

)

________, ) Case No. ____

Defendant. )

TO: The Clerk of Court, Creditor's Attorney or Administrator, Debtor and (if applicable) Sheriff

(Following to be completed by Garnishee)

State of _______

County of _______

I hereby certify that at the time of delivery to me of the foregoing Writ of Garnishment on the ___ day of _____, 19___, I had in my possession, control or custody only the following property, money, debts, rights, dues or credits due or to become due, belonging or owing to the Debtor named in the Writ of Garnishment (include due date if not yet due):

___________________________________________________________________

I have placed a check in front of all the following statements that apply (more than one may apply):

__ I do not owe money to or hold personal property of the Debtor.

__ The Writ of Garnishment does not comply on its face with Oregon garnishment law or I am unable to determine from the information in the writ whether I hold any property of the Debtor. (Explain)

____________________________________

__ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor.

____________________________________

__ I owe a debt or other obligation to the Debtor, which is not now due but will become due within 45 days. I will forward the money when the debt or other obligation becomes due.

__ I owe a debt or other obligation to the Debtor which is now due and I am forwarding the money owed or enough of it to satisfy the garnishment to the Creditor or to the Creditor's Attorney.

__ (For FINANCIAL INSTITUTIONS only): I owe a debt or other obligation to the Debtor, and the Debtor owes a debt or other obligation to me, which I certify was due at the time I received the Writ of Garnishment. Pursuant to ORS 29.205 [(4)] (5), I have offset the sum of $:HR2 and applied it to the debt owed to me, and I am forwarding the balance of the money I owe the Debtor, or enough of it to satisfy the garnishment, to the Creditor or to the Creditor's Attorney.

__ I am holding personal property other than money, but it is inconvenient to deliver the property to the Sheriff. I will hold the property until the Sheriff picks it up. (Explain)

____________________________________

__ I have received a notice of claim of exemption and am forwarding funds to the clerk of court.

__ Other (Explain)

____________________________________

Dated _____, 19___

__________________

Name of Garnishee

__________________

Signature

__________________

Address

(Statutes affecting Garnishee responses include ORS 29.139, 29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285 and 29.305)

___________________________________________________________________

SECTION 85. ORS 23.170 is amended to read:

23.170. (1) As used in this section:

(a) "Beneficiary" means a person for whom retirement plan benefits are provided and their spouse.

(b) "Internal Revenue Code" means the federal Internal Revenue Code as amended and in effect on December 31, 1987.

(A) A contribution that, at the time of the contribution, is not taxable income to the beneficiary and, if the sponsor is a taxable entity, is tax deductible to the sponsor;

(B) A nondeductible contribution by a beneficiary to a retirement plan to the extent that the contribution is permitted to be made under the Internal Revenue Code;

(C) A deductible or nondeductible contribution to an individual retirement account to the extent the contribution is not subject to federal excise tax as an excess contribution;

(D) A contribution, pursuant to a rollover or transfer, from one retirement plan to another, to the extent the federal tax deferred status is preserved at such time; and

(E) Any earnings under a retirement plan which are attributable to a contribution described in subparagraphs (A) to (D) of this paragraph.

(d) "Retirement plan" means:

(A) A pension plan and trust, including a profit sharing plan, that is described in sections 401(a), 401(c), 401(k), 403 and 457 of the Internal Revenue Code, including that portion attributable to contributions made by or attributable to a beneficiary;

(B) An individual retirement account or annuity, including one that is pursuant to a simplified employee pension, as described in section 408 of the Internal Revenue Code; and

(C) Any pension not described in subparagraphs (A) and (B) of this paragraph granted to any person in recognition or by reason of a period of employment by or service for the Government of the United States or any state or political subdivision of any state, or any municipality, person, partnership, association or corporation.

(e) "Sponsor" means an individual or entity which establishes a retirement plan.

(2) Subject to the limitations set forth in subsection (3) of this section, a retirement plan shall be conclusively presumed to be a valid spendthrift trust under these statutes and the common law of this state, whether or not the retirement plan is self-settled, and a beneficiary's interest in a retirement plan shall be exempt, effective without necessity of claim thereof, from execution and all other process, mesne or final.

(3) Notwithstanding subsection (2) of this section:

(a) A contribution to a retirement plan, other than a permitted contribution, shall be subject to ORS 95.200 to 95.310 concerning fraudulent transfers; and

(b) A beneficiary's interest in a retirement plan shall not be exempt from execution or other process arising out of a support obligation or an order or notice entered or issued under ORS [25.060,] 25.311, 25.314, 110.300 to 110.441, 419B.408 or 419C.600.

SECTION 86. ORS 238.445 is amended to read:

238.445. (1) The right of a person to a pension, an annuity or a retirement allowance, to the return of contribution, the pension, annuity or retirement allowance itself, any optional benefit or death benefit, or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by ORS 238.660 and 238.670, shall be exempt from garnishment and all state, county and municipal taxes heretofore or hereafter imposed, except as provided under ORS chapter 118, shall not be subject to execution, garnishment, attachment or any other process or to the operation of any bankruptcy or insolvency law heretofore or hereafter existing or enacted except for execution or other process upon a support obligation or an order or notice entered pursuant to ORS [25.060,] 25.311, 25.314, 110.300 to 110.441, 419B.408 or 419C.600, and shall be unassignable.

(2) Subsection (1) of this section does not apply to state personal income taxation of amounts paid under this chapter.

SECTION 87. ORS 239.261 is amended to read:

239.261. The right of a person to a pension, an annuity or a retirement allowance, to the return of contribution, the pension, annuity or retirement allowance itself, any optional benefit or death benefit, or any other right accrued or accruing to any person under ORS 239.133 to 239.137 and 239.201 to 239.263, and the money in the various funds administered by the association under ORS 239.133 to 239.137 and 239.201 to 239.263, shall be exempt from all state, county and municipal taxes heretofore or hereafter imposed, except as provided in ORS chapter 118, shall not be subject to execution, garnishment, attachment, or any other process or to the operation of any bankruptcy or insolvency law heretofore or hereafter existing or enacted except for execution, garnishment or other process upon a support obligation or an order or notice entered pursuant to ORS [25.060,] 25.311, 25.314, 110.300 to 110.441, 419B.408 or 419C.600, and shall be unassignable.

SECTION 88. Section 24b, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 24b. Notwithstanding the objections of a party to an order that seeks to establish paternity, if the blood tests conducted under ORS 109.250 to 109.262 [and sections 27 to 30 of this Act] result in a cumulative paternity index of 99 or greater, the evidence of the blood tests together with the testimony of a parent is a sufficient basis upon which to presume paternity for establishing temporary support. Upon the motion of a party, the court shall enter a temporary order requiring the alleged father to provide support pending the determination of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275.

SECTION 89. Section 89, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 89. (1) Upon receipt of the order described in ORS 110.399, the obligor's employer shall immediately provide a copy of the order to the obligor.

(2) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

(3) Except as provided by subsection (4) of this section and section 90, chapter 746, Oregon Laws 1997 [of this Act], the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order that specify:

(a) The duration and the amount of periodic payments of current child support, stated as a sum certain;

(b) The person or agency designated to receive payments and the address to which the payments are to be forwarded;

(c) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and

(e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(4) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(a) The employer's fee for processing an income-withholding order.

(b) The maximum amount permitted to be withheld from the obligor's income.

SECTION 90. Section 91, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 91. An employer who complies with an income-withholding order issued in another state in accordance with ORS 110.399 and 110.402 and sections [88 to 94] 89 to 93, chapter 746, Oregon Laws 1997, [of this Act] is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

SECTION 91. Section 93, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 93. (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. [Section 98 of this Act] ORS 110.411 applies to a contest under this section.

(2) The obligor shall give notice of the contest to:

(a) A support enforcement agency providing services to the obligee;

(b) Each employer that has directly received an income-withholding order; and

(c) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.

SECTION 92. Section 107, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 107. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of [sections 56 to 67 and 95 to] ORS 110.303, 110.305, 110.315 to 110.339 and 110.405 to 110.435 and sections 107 and 108, chapter 746, Oregon Laws 1997, [of this Act] and the procedural and substantive law of this state to the proceeding for enforcement or modification. ORS 110.308, 110.310, 110.313, 110.342 to 110.399, 110.402 and 110.438 and sections [68 to 94, 109, 110 and 111] 89 to 93, chapter 746, Oregon Laws 1997, [of this Act] do not apply.

SECTION 93. Section 117, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 117. Any state agency, board or commission that is authorized to issue an occupational, professional or recreational license, certification or registration subject to suspension pursuant to ORS [25.752] 25.750 to 25.783 [and sections 14 to 20 of this Act] shall require that an individual's Social Security number be recorded on an application for, or form for renewal of, a license, certification or registration and shall include the Social Security number in automated databases containing information about the individual.

SECTION 94. Section 123, chapter 746, Oregon Laws 1997, is amended to read:

Sec. 123. Except as otherwise provided in [section 50 of this Act] ORS 25.020, the Social Security number of a parent who is subject to a paternity determination pursuant to ORS 109.070 (1)(d), (e), (f) or (g) or 416.400 to 416.470 [or section 23 (1)(d), (e), (f) or (g), 31, 140 or 141 of this Act] shall be included in the order, judgment or other declaration establishing paternity.

SECTION 95. ORS 25.040, 25.060, 25.090, 25.120 and 110.328 and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, 21a, 23, 24, 24a, 25, 26, 27, 28, 29, 30, 31, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46, 46a, 46b, 47, 47a, 48, 48a, 48b, 49, 50, 51, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 72a, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 109, 110, 111, 112, 113, 114, 115, 116, 116a, 116b, 124, 125, 126, 127, 128, 128a, 129, 129a, 132, 133, 134, 134a, 134b, 134c, 135, 136, 137, 138, 139, 140, 141, 142, 142a, 142b, 143, 143a, 143b, 144, 145, 146, 147, 148 and 149, chapter 746, Oregon Laws 1997, are repealed.

SECTION 96. If House Bill 2318 becomes law, section 2, chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318) (amending section 146, chapter 746, Oregon Laws 1997), and section 3, chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318), are repealed.

SECTION 97. If House Bill 2318 becomes law, section 4, chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318), is amended to read:

Sec. 4. The amendments to ORS 23.170 [and section 146, chapter 746, Oregon Laws 1997, by sections 1 and 2 of this 1999 Act] by section 1, chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318), apply only to executions issued on or after the effective date of [this 1999 Act] chapter 162, Oregon Laws 1999 (Enrolled House Bill 2318).

SECTION 98. Section 4, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28) (amending section 142, chapter 746, Oregon Laws 1997), and section 5, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), are repealed.

SECTION 99. Section 7, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28) (amending section 143, chapter 746, Oregon Laws 1997), and section 8, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), are repealed.

SECTION 100. Section 11, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), is amended to read:

Sec. 11. Section 2, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), [of this 1999 Act] and the amendments to ORS 29.145, 29.147, 29.411 and 29.415 [and sections 142 and 143, chapter 746, Oregon Laws 1997,] by sections 3, [4,] 6, [7,] 9 and 10, chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28), [of this 1999 Act] apply only to writs of garnishment issued on or after the effective date of [this 1999 Act] chapter 5, Oregon Laws 1999 (Enrolled Senate Bill 28).

SECTION 101. The unit captions used in this 1999 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 1999 Act.

SECTION 102. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor April 20, 1999

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

Effective date April 20, 1999

__________