Chapter 0380

Chapter 380 Oregon Laws 2003

AN ACT

HB 3015

Relating to Social Security numbers; creating new provisions; amending ORS 25.020, 107.085, 107.500, 192.501, 432.121, 432.408 and 432.412 and ORCP 70 A; and declaring an emergency.

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

SECTION 1. (1) The State Court Administrator shall establish a procedure applicable to every court in this state that ensures that the Social Security numbers of parties to a proceeding under ORS 107.085 or 107.485 are kept confidential and exempt from public inspection.

(2) The procedure established under this section must:

(a) Require that Social Security numbers be listed on a separate paper attached to an affidavit of the person providing the Social Security number certifying that the Social Security number is correct;

(b) Ensure that the Social Security numbers are provided to or made accessible to the entities primarily responsible for providing support enforcement services under ORS 25.080; and

(c) Comply with the requirements of 42 U.S.C. 666 relating to provision of Social Security numbers.

SECTION 2. ORS 192.501 is amended to read:

192.501. The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance:

(1) Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;

(2) Trade secrets. “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it;

(3) Investigatory information compiled for criminal law purposes. The record of an arrest or the report of a crime shall be disclosed unless and only for so long as there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim. Nothing in this subsection shall limit any right constitutionally guaranteed, or granted by statute, to disclosure or discovery in criminal cases. For purposes of this subsection, the record of an arrest or the report of a crime includes, but is not limited to:

(a) The arrested person’s name, age, residence, employment, marital status and similar biographical information;

(b) The offense with which the arrested person is charged;

(d) The identity of and biographical information concerning both complaining party and victim;

(e) The identity of the investigating and arresting agency and the length of the investigation;

(f) The circumstances of arrest, including time, place, resistance, pursuit and weapons used; and

(g) Such information as may be necessary to enlist public assistance in apprehending fugitives from justice;

(4) Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given and if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected;

(5) Information consisting of production records, sale or purchase records or catch records, or similar business records of a private concern or enterprise, required by law to be submitted to or inspected by a governmental body to allow it to determine fees or assessments payable or to establish production quotas, and the amounts of such fees or assessments payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. This exemption does not include records submitted by long term care facilities as defined in ORS 442.015 to the state for purposes of reimbursement of expenses or determining fees for patient care. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding;

(6) Information relating to the appraisal of real estate prior to its acquisition;

(7) The names and signatures of employees who sign authorization cards or petitions for the purpose of requesting representation or decertification elections;

(8) Investigatory information relating to any complaint filed under ORS 659A.820 or 659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final order is issued under ORS 659A.850;

(9) Investigatory information relating to any complaint or charge filed under ORS 243.676 and 663.180;

(10) Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services under ORS 697.732;

(11) Information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905, except if the governing body of an Indian tribe requests the information and the need for the information is related to that Indian tribe’s cultural or religious activities. This exemption does not include information relating to a site that is all or part of an existing, commonly known and publicized tourist facility or attraction;

(12) A personnel discipline action, or materials or documents supporting that action;

(13) Information developed pursuant to ORS 496.004, 496.172 and 498.026 or ORS 496.192 and 564.100, regarding the habitat, location or population of any threatened species or endangered species;

(14) Writings prepared by or under the direction of faculty of public educational institutions, in connection with research, until publicly released, copyrighted or patented;

(15) Computer programs developed or purchased by or for any public body for its own use. As used in this subsection, “computer program” means a series of instructions or statements which permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from such computer system, and any associated documentation and source material that explain how to operate the computer program. “Computer program” does not include:

(a) The original data, including but not limited to numbers, text, voice, graphics and images;

(b) Analyses, compilations and other manipulated forms of the original data produced by use of the program; or

(c) The mathematical and statistical formulas which would be used if the manipulated forms of the original data were to be produced manually;

(16) Data and information provided by participants to mediation under ORS 36.256;

(17) Investigatory information relating to any complaint or charge filed under ORS chapter 654, until a final administrative determination is made or, if a citation is issued, until an employer receives notice of any citation;

(18) Specific operational plans in connection with an anticipated threat to individual or public safety for deployment and use of personnel and equipment, prepared and used by a law enforcement agency, if public disclosure thereof would endanger the life or physical safety of a citizen or law enforcement officer or jeopardize the law enforcement activity involved;

(19)(a) Audits or audit reports required of a telecommunications carrier. As used in this paragraph, “audit or audit report” means any external or internal audit or audit report pertaining to a telecommunications carrier, as defined in ORS 133.721, or pertaining to a corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications carrier that is intended to make the operations of the entity more efficient, accurate or compliant with applicable rules, procedures or standards, that may include self-criticism and that has been filed by the telecommunications carrier or affiliate under compulsion of state law. “Audit or audit report” does not mean an audit of a cost study that would be discoverable in a contested case proceeding and that is not subject to a protective order; and

(b) Financial statements. As used in this paragraph, “financial statement” means a financial statement of a nonregulated corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications carrier, as defined in ORS 133.721;

(20) The residence address of an elector if authorized under ORS 247.965 and subject to ORS 247.967;

(21) The following records, communications and information submitted to a housing authority as defined in ORS 456.005 by applicants for and recipients of loans, grants and tax credits:

(a) Personal and corporate financial statements and information, including tax returns;

(b) Credit reports;

(d) Market studies and analyses;

(e) Articles of incorporation, partnership agreements and operating agreements;

(f) Commitment letters;

(g) Project pro forma statements;

(h) Project cost certifications and cost data;

(i) Audits;

(j) Project tenant correspondence requested to be confidential;

(k) Tenant files relating to certification; and

(L) Housing assistance payment requests;

(22) Records or information that, if disclosed, would allow a person to:

(a) Gain unauthorized access to buildings or other property used or owned by a public body;

(b) Identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a public body; or

(c) Disrupt, interfere with or gain unauthorized access to public funds or to information processing, communication or telecommunication systems, including the information contained in the systems, that are used or operated by a public body;

(23) Records or information that would reveal the security measures taken or recommended to be taken to protect:

(a) An officer or employee of a public body;

(b) Buildings or other property used or owned by a public body;

(c) Information processing, communication or telecommunication systems, including the information contained therein, that are used or operated by a public body; or

(d) Those operations of the Oregon State Lottery the security of which are subject to study and evaluation under ORS 461.180 (6);

(24) Writings prepared by or under the direction of officials of Oregon Health and Science University about a person and the person’s potential interest in donating money or property to the university or the person’s actual donation unless disclosure is authorized by the person;

(25) Records of the name and address of a person who files a report with or pays an assessment to a council, board or commission created or organized under ORS chapter 576, 577, 578 or 579. As used in this subsection, “council, board or commission” does not include the advisory committee established under ORS 576.810; [and]

(26) Information provided to, obtained by or used by a public body to authorize, originate, receive or authenticate a transfer of funds, including but not limited to a credit card number, payment card expiration date, password, financial institution account number and financial institution routing number[.]; and

(27) Social Security numbers as provided in section 1 of this 2003 Act.

SECTION 3. ORS 107.085 is amended to read:

107.085. (1) A suit for marital annulment, dissolution or separation shall be entitled: “IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).” The moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing in this section shall preclude both parties from acting as “Copetitioners.”

(2) The petition shall state the following:

(a) The names[, social security numbers, if known,] and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;

(b) The names[, social security numbers, if known,] and dates of birth of all children born to the parties prior to the marriage; and

(c) To the extent known, whether there is pending in this or any other state a domestic relations suit, as defined in ORS 107.510, or any type of support proceeding involving dependents of the same marriage, including one brought under ORS 108.110, 416.400 to 416.470 or this section.

(3) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the moving party or the party attending the hearing shall file with the court a written statement setting forth the full names and any former names of the parties, the residence, mailing or contact addresses of the parties, the ages of both parties, [their wage earner social security account numbers,] the date and place of the marriage of the parties, and the names and ages of the children born to or adopted by the parties. This information shall be incorporated in and made a part of the decree.

(4) If real property is involved, the petitioner may have a notice of pendency of the action recorded at the time the petition is filed, as provided in ORS 93.740.

(5) The Social Security numbers of the parties and of the children born or adopted during the marriage and children born to the parties prior to the marriage shall be provided as established in section 1 of this 2003 Act.

SECTION 4. ORS 107.500 is amended to read:

107.500. Each circuit court shall make available with appropriate forms an instructional brochure prescribed by the State Court Administrator and describing the procedures set forth in this section and ORS 107.485 and 107.490. The content of the forms used pursuant to this section and ORS 107.485 and 107.490 shall be substantially as follows:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) PETITION FOR

) SUMMARY

) DISSOLUTION

and ) OF MARRIAGE

)

___________, )

Respondent. )

)

1. (________, Petitioner,) (________, Respondent,) has been a resident of Oregon continuously for the past six months before filing this petition.

2. Statistical Facts:

a. Date of marriage:

_______________

b. Place of marriage:

_______________

c. Wife’s address:

_______________

d. Wife’s maiden name:

_______________

e. Wife’s former legal names:

_______________

f. Wife’s age:

_______________

[g. Wife’s social security number:]

[_______________]

[h.] g. Husband’s address:

_______________

[i.] h. Husband’s former legal names:

_______________

[j.] i. Husband’s age:

_______________

[k. Husband’s social security number:]

[_______________]

3. My spouse and I have not been married more than 10 years.

4. Petitioner does not know of any pending (not yet decided by a judge) domestic relations suits involving this marriage in this or any other state.

5. There are no minor children born to the parties or born during the marriage. There are no adopted minor children. The wife is not now pregnant.

6. Petitioner requests a dissolution because irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.

7. The personal property of the parties is not worth more than $30,000. Petitioner requests that the Court divide the property as follows:

(a) The wife should be awarded the following personal property:

_________________________________________________________________________

Additional pages have been attached and labeled “7a. continued.”

(b) The husband should be awarded the following personal property:

_________________________________________________________________________

Additional pages have been attached and labeled “7b. continued.”

(c) The husband and wife should each sign any documents necessary to remove his or her name as owner of personal property awarded to the other party.

8. Neither the husband nor the wife own any real property.

9. The debts incurred by the husband and wife together or separately from the date of the marriage are not greater than $15,000.

Petitioner requests the following division of debts:

(a) The wife be required to pay the debts listed below. The husband is awarded a judgment against the wife in the sum of $____. The wife can satisfy this judgment by paying off the following debts:

Name of Creditor Amount Owed

_____________ __________

(b) The husband be required to pay the debts listed below. The wife is awarded a judgment against the husband in the sum of $____. The husband can satisfy the judgment by paying off the following debts:

Name of Creditor Amount Owed

_____________ __________

_____________ __________

10. I relinquish all rights I may have to spousal support and waive any right to pendente lite orders (temporary orders) except those pursuant to ORS 107.700 to 107.732 (the Family Abuse Prevention Act) or 124.005 to 124.040 (the Elderly and Disabled Person Abuse Prevention Act).

(Complete only if petitioner is paying fees and wants reimbursement from spouse or if fees are being deferred for the petitioner.)

11. (a) If petitioner has paid court costs and service fees, petitioner requests that costs and fees paid by petitioner be repaid by respondent spouse, _____, and that a judgment in the amount of such costs and fees be entered in favor of petitioner, _____, in the amount of $____.

(b) If fees are being deferred for petitioner:

Petitioner requests that judgment be entered against

(________, Petitioner)

(________, Respondent) in favor of the state in the amount of $____.

12. Petitioner requests that:

wife’s legal name be restored to

___________________

husband’s legal name be restored to

___________________

_________________

(Petitioner’s signature)

Address:

_________________

Telephone:_______

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) SUMMONS FOR SUMMARY

) DISSOLUTION

) Marriage Dissolution Suit

and )

)

___________, )

Respondent. )

)

TO: Name of Respondent

______________

Address of Respondent

______________

__________, Oregon

YOU HAVE BEEN SUED. The court may decide against you without your being heard unless you respond within 30 days of the day you received these papers. Read the information below.

NOTICE TO RESPONDENT:

READ THESE PAPERS CAREFULLY

Your spouse has filed a petition with the court to end your marriage and asking to divide your property and debts, if any. You must “appear” in this case or the court will grant your spouse’s requests. To “appear,” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the Court Clerk or Administrator at: (location) _________ within 30 days of the day you received these papers, along with the required filing fee. The “motion” or “answer” must be in proper form and you must show that your spouse has been served with a copy of it.

____________

Name of Petitioner

____________

Address of Petitioner

____________

City/State/Zip Code

Important Information about Respondent (A recent photo may be attached in addition to the requested information.)

Height: __________

Weight: __________

Race: __________

Date of Birth: _______

Automobile license number and description:

_________________

Other identifying information:

_________________

Best time and place to locate:

_________________

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) AFFIDAVIT OF PROOF

) OF SERVICE

)

and )

)

___________, )

Respondent. )

)

STATE OF OREGON )

) ss.

County of )

I, ______________, swear/affirm under oath that:

I am a resident of the State of Oregon. I am a competent person over 18 years of age. I am not an attorney for or a party to this case, or an officer, director or employee of any party to this case. On the ___ day of _____, 2___, I served the Summons and Petition in this case personally upon the above named respondent in _____ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original.

______________

Signature of _______

SUBSCRIBED AND SWORN TO before me this ___ day of _______, 2___.

_______________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: ________

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) MOTION AND ORDER FOR

) WAIVER OF FEES

)

and )

)

___________, )

Respondent. )

)

Petitioner moves the Court for an order waiving payment of filing fees, service fees, and other costs.

_______________

Petitioner

POINTS AND AUTHORITIES

ORS 21.605; the Court shall waive all fees and costs if the Court finds that the party is unable to pay such fees and costs.

ORDER

IT IS SO ORDERED.

DATED: This __ day of ________, 2___.

_______________

COURT

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) AFFIDAVIT FOR

) WAIVER OF

and ) FEES AND COSTS

)

___________, )

Respondent. )

)

STATE OF OREGON )

) ss.

County of )

I, ______________ being first duly sworn upon oath, depose and declare that I am the petitioner for a Decree of Summary Dissolution and am unable to pay necessary filing fees, service fees and court costs. My total monthly income from all sources is $_____. I have $_____ as assets and $_____ as savings. I support ___ people. My monthly expenses are $___ housing, $___ food, $___ utilities, $___ transportation, $___ laundry, cleaning and personal requirements, $___ medical expenses, $___ clothing, $___ telephone, $___ total installment payments, $___ other expenses, for total monthly expenses of $_____.

_________________

Signature of_______

SUBSCRIBED AND SWORN TO before me this ___ day of __________, 2___.

____________________________

NOTARY PUBLIC FOR OREGON

My Commission Expires _________

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) PETITIONER’S

) AFFIDAVIT, MOTION

) AND ORDER FOR

and ) DEFAULT DECREE

) OF DISSOLUTION

)

___________, )

Respondent. )

)

STATE OF OREGON )

) ss.

County of )

I, ___, swear/affirm under oath that:

I am the Petitioner. The Respondent is not now nor was at the time of the commencement of this suit in the military service of the United States; nor is the Respondent a legally mentally incapacitated person; nor is the Respondent under 18 years of age.

The Respondent was served with Summons and Petition for Dissolution on the ___ day of __________, 2___, in _____ County, Oregon, and has failed to answer or appear.

_________________

Petitioner

SUBSCRIBED AND SWORN TO before me this __ day of __________, 2___.

_______________________

NOTARY PUBLIC FOR OREGON

My Commission Expires ________

Petitioner moves the Court for an Order entering the default of Respondent.

_________________

Petitioner

_________________

Address of Petitioner

_________________

City, State Zip

ORDER

IT IS SO ORDERED.

DATED: This __ day of ________, 2___.

_______________

CIRCUIT COURT JUDGE

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ______

In the Matter of )

the Marriage of )

) No.______

___________, )

Petitioner, ) DECREE OF SUMMARY

) DISSOLUTION

)

and )

)

___________, )

Respondent. )

)

Statistical Facts:

a. Date of marriage:

_______________

b. Place of marriage:

_______________

c. Wife’s address:

_______________

d. Wife’s maiden name:

_______________

e. Wife’s former legal names:

_______________

f. Wife’s age:

_______________

[g. Wife’s social security number:]

[_______________]

[h.] g. Husband’s address:

_______________

[i.] h. Husband’s former legal names:

_______________

[j.] i. Husband’s age:

_______________

[k. Husband’s social security number:]

[_______________]

This matter came before the Court for default. Petitioner appeared (in person) (by affidavit), and Respondent did not appear. THE COURT HAS BEEN FULLY ADVISED, AND THEREFORE IT IS HEREBY DECREED THAT:

1. Dissolution: This marriage is dissolved and shall terminate on _______.

2. Prior Wills: Any will previously executed by either spouse with provisions in favor of the other spouse is revoked with respect to those provisions, unless the will expresses a different intent.

3. Division of Property: (a) The wife is awarded and shall own by herself the following personal property:

______________________________________________________________________________

Additional pages have been attached as C-1.

(b) The husband is awarded and shall own by himself the following personal property:

______________________________________________________________________________

Additional pages have been attached as C-2.

(c) Husband and wife each shall sign any documents necessary to remove his or her name as owner of personal property awarded to the other. If either fails to sign the necessary documents, a certified copy of the Decree shall serve as a conveyance of the property.

4. Payment of Debts: (a) The wife shall pay the debts listed below. The husband is awarded a judgment against the wife in the sum of $____. The wife can satisfy this judgment by paying the following debts:

Name of Creditor Amount Owed

_____________ __________

_____________ __________

_____________ __________

Additional pages have been added as D-1.

(b) The husband shall pay the debts listed below. The wife is awarded a judgment against the husband in the sum of $____. The husband can satisfy the judgment by paying the following debts:

Name of Creditor Amount Owed

_____________ __________

_____________ __________

_____________ __________

Additional pages have been added as D-2.

5. The wife shall have her former legal name restored. The restored name is __

____________________.

The husband shall have his former legal name restored. The restored name is __

____________________.

6. A judgment against (the husband) (the wife) for court costs and service fees in the amount of $____ is awarded to (the husband) (the wife) (this state if fees were waived or deferred).

DATED: This __ day of ________, 2___.

_______________

CIRCUIT COURT JUDGE

______________________________________________________________________________

SECTION 5. ORCP 70 A is amended to read:

A Form. Every judgment shall be in writing plainly titled as a judgment and set forth in a separate document. A default or stipulated judgment may have appended or subjoined thereto such affidavits, certificates, motions, stipulations, and exhibits as may be necessary or proper in support of the entry thereof.

A(1) Content. No particular form of words is required, but every judgment shall:

A(1)(a) Specify clearly the party or parties in whose favor it is given and against whom it is given and the relief granted or other determination of the action.

A(1)(b) Be signed by the court or judge rendering such judgment or, in the case of judgment entered pursuant to Rule 69 B(1), by the clerk.

A(2)(a) Money judgment; contents. Money judgments are judgments that require the payment of money, including judgments for the payment of costs or attorney fees. The requirements of this subsection are not jurisdictional for purposes of appellate review. Money judgments shall include all of the following:

A(2)(a)(i) The name and address of each judgment creditor and the name, address and phone number of each creditor’s attorney, if any.

A(2)(a)(ii) The name of each judgment debtor and, if known, the address, date of birth, Social Security number and driver license number for each judgment debtor, the state of issuance for each judgment debtor’s driver license and the name of each judgment debtor’s attorney. However, for a judgment issued in a proceeding under ORS 107.085 or 107.485, the Social Security number must be included in a manner established under section 1 of this 2003 Act.

A(2)(a)(iii) The name of any person or public body known to the judgment creditor, other than the judgment creditor’s attorney, who is entitled to any portion of a payment made on the judgment.

A(2)(a)(iv) The amount of the judgment.

A(2)(a)(v) The interest owed to the date of the judgment, either as a specific amount or as accrual information, including the rate or rates of interest, the balance or balances upon which interest accrues, the date or dates from which interest at each rate on each balance runs, and whether interest is simple or compounded and, if compounded, at what intervals.

A(2)(a)(vi) Post-judgment interest accrual information, including the rate or rates of interest, the balance or balances upon which interest accrues, the date or dates from which interest at each rate on each balance runs, and whether interest is simple or compounded and, if compounded, at what intervals.

A(2)(a)(vii) For judgments that accrue on a periodic basis, any accrued arrearages, required further payments per period and accrual dates.

A(2)(a)(viii) If the judgment awards costs and disbursements or attorney fees, that they are awarded, any specific amounts awarded, a clear identification of the specific claims for which any attorney fees are awarded and the amount of attorney fees awarded for each claim. This subparagraph does not require inclusion of specific amounts where such will be determined later under Rule 68 C.

A(2)(b) Form. To comply with the requirements of paragraph A(2)(a) of this rule, the requirements in that paragraph must be presented in a manner that complies with all of the following:

A(2)(b)(i) The requirements must be presented in a separate, discrete section immediately above the judge’s signature if the judgment contains more provisions than just the requirements of paragraph A(2)(a) of this rule.

A(2)(b)(ii) The separate section must be clearly labeled at its beginning as a money judgment. On or after January 1, 1994, if the money judgment includes a child support obligation, the label must so indicate.

A(2)(b)(iii) The separate section must contain no other provisions except what is specifically required by this rule for judgments and, if applicable, by ORS 24.290 for the payment of money.

A(2)(b)(iv) The requirements under paragraph A(2)(a) of this rule must be presented in the same order as set forth in that paragraph.

A(3) If the proposed judgment does not comply with the requirements in subsections A(1) and (2) of this rule, it shall not be signed by the judge. If the judge signs the judgment, it shall be entered in the register whether or not it complies with the requirements in subsections A(1) and (2) of this rule.

SECTION 6. ORS 25.020 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;

(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

(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)(a) When the administrator is providing support enforcement services under ORS 25.080, the obligee may enter into an agreement with a collection agency, as defined in ORS 697.005, for assistance in collecting child support payments.

(b) The department:

(A) Except as otherwise provided in this paragraph, shall disburse support payments, to which the obligee is legally entitled, to the collection agency according to the terms of the agreement between the obligee and the collection agency;

(B) May not disburse moneys to the collection agency before the obligee submits the form referred to in paragraph (c)(A) of this subsection to the department and the department adjusts its support payment records;

(C) May not disburse moneys to the collection agency after 180 days following the date the department adjusts its support payment records as described in subparagraph (B) of this paragraph;

(D) May not disburse moneys to the collection agency if the collection agency violates any provision of this subsection;

(E) Shall credit the obligor’s account for the full amount of each support payment received by the department and disbursed to the collection agency;

(F) Shall develop the form referred to in paragraph (c)(A) of this subsection, which shall include a notice to the obligee printed in type size equal to at least 12-point type that the obligee may be eligible for support enforcement services from the department or the district attorney without paying the interest or fee that is typically charged by a collection agency; and

(G) May use information disclosed by the collection agency to provide support enforcement services under ORS 25.080.

(A) Provide to the department, on a form approved by the department, information about the agreement with the collection agency; and

(B) Promptly notify the department when the agreement is terminated.

(d) The collection agency:

(A) May provide investigative and location services to the obligee and disclose relevant information from those services to the department for purposes of providing support enforcement services under ORS 25.080;

(B) May not charge interest or a fee for its services exceeding 20 percent of each support payment received; and

(C) May not initiate, without written authorization from the department, any enforcement action relating to support payments on which support enforcement services are provided by the department under ORS 25.080.

(4) 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.

(5) 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.

(6)(a) The administrator shall provide information about a child support account directly to a party to the support order regardless of whether the party is represented by an attorney. As used in this subsection, “information about a child support account” means the:

(A) Date of issuance of the support order.

(B) Amount of the support order.

(D) Dates and amounts of disbursements.

(E) Payee of any disbursements.

(F) Amount of any arrearage.

(G) Source of any collection.

(b) Nothing in this subsection limits the information the administrator may provide by law to a party who is not represented by an attorney.

(7) 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 25.396.

(8)(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. Such a decree or order issued in a proceeding under ORS 107.085 or 107.485 shall contain the Social Security number of each party in the manner established under section 1 of this 2003 Act.

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

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

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

(c) The administrator 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 hearing 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 Services 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.

(9)(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.

(10) 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, 110, 416, 419A, 419B and 419C that would otherwise impose the same duties or functions upon the county clerk or the Department of Human Services.

(11) Except as provided for in subsections (12), (13) and (14) 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.

(12) 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.

(13) 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 (12) of this section, credit may be given pursuant to order of a hearing officer assigned from the Hearing Officer Panel established under section 3, chapter 849, Oregon Laws 1999, 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.

(14) 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.

(15) The Department of Human Services shall adopt rules that:

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

(b) Are consistent with federal regulations.

SECTION 7. ORS 25.020, as amended by section 3, chapter 455, Oregon Laws 2001, is amended to read: