Bill Text: OR SB184 | 2013 | Regular Session | Enrolled
Bill Title: Relating to notices of garnishment; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-07-02 - Effective date, June 24, 2013. [SB184 Detail]
Download: Oregon-2013-SB184-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 184
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Revenue)
CHAPTER ................
AN ACT
Relating to notices of garnishment; creating new provisions;
amending ORS 18.854; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.854 is amended to read:
18.854. (1) Any state agency authorized to issue warrants to
collect taxes and debts owed to the State of Oregon, including
but not limited to warrants issued pursuant to ORS 179.655,
184.644, 267.385, 293.250, 314.430, 316.207, 320.080, 321.570,
323.390, 411.703, 657.396, 657.642, 657.646, 705.175 and 825.504,
or any county tax collector authorized to issue warrants to
collect taxes and debts owed to the county pursuant to ORS
311.625, may garnish property of a debtor in the possession,
control or custody of a person other than the debtor by
delivering to the person all of the following:
(a) A notice of garnishment;
(b) A warrant, or a true copy of a warrant;
(c) The items specified in ORS 18.650 (1)(b) to (d); and
(d) Any garnishee's search fee payable as provided in ORS
18.790.
(2) A notice of garnishment may be issued by any person
designated by the state agency or by the county tax collector. A
warrant need not be recorded in the County Clerk Lien Record as a
condition of issuing a notice of garnishment under the provisions
of this section. The provisions of ORS 18.800 do not apply to a
notice of garnishment.
(3) If any of the items described in subsection (1) of this
section are not delivered to the garnishee, a notice of
garnishment shall not be effective to garnish any property of the
debtor, and the garnishee shall not be required to respond to the
garnishment and may proceed to deal with any property of the
debtor as though the notice of garnishment had not been issued.
{ - (4) Notwithstanding ORS 18.652, a notice of garnishment
and the other items required by subsection (1) of this section
may be delivered in person by any employee of the state agency or
of the county tax collector authorized by the agency or the
county to deliver the notice of garnishment, or by certified
mail, return receipt requested. The employee need not be covered
Enrolled Senate Bill 184 (SB 184-INTRO) Page 1
by the errors and omissions insurance required in ORS 18.652. - }
{ + (4)(a) Notwithstanding ORS 18.652, but subject to
paragraph (c) of this subsection, a notice of garnishment and the
other items required by subsection (1) of this section may be
delivered in person to the garnishee by any employee of the state
agency or of the county tax collector who is authorized by the
agency or the county to deliver the notice of garnishment, may be
mailed to the garnishee by first class or certified mail or may
be sent to the garnishee by other means if the garnishee has
agreed to a different delivery method.
(b) An employee who delivers documents under paragraph (a) of
this subsection need not be covered by the errors and omissions
insurance required in ORS 18.652.
(c) A state agency or a county may not seek sanctions against a
noncomplying garnishee under ORS 18.775 unless the notice of
garnishment and the other items required by subsection (1) of
this section are personally delivered to the garnishee under
paragraph (a) of this subsection or mailed to the garnishee by
certified mail. + }
(5) Notwithstanding any provision of ORS 18.600 to 18.850, a
debt calculation form need not be prepared or delivered for any
notice of garnishment.
(6) Notwithstanding ORS 18.792, the duty of a garnishee to
deliver any property of the debtor that may be contained in a
safe deposit box that is in the garnishee's possession, control
or custody at the time of delivery of the notice of garnishment
to the garnishee is conditioned upon the state agency or the
county tax collector first paying to the garnishee, in addition
to the search fee provided for in ORS 18.790, 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
state agency or the county tax collector at least five days
before the date the state agency or the county tax collector
takes possession of the property in the safe deposit box. If the
state agency or the county tax collector fails to pay such costs
to the garnishee within 20 days after the delivery of the
garnishee response, the garnishment shall not be effective to
garnish any property of the debtor that may be contained in the
safe deposit box and the garnishee may proceed to deal with the
safe deposit box and its contents as though the notice of
garnishment had not been issued. Nothing in this subsection
limits the rights of a state agency or county tax collector to
reach the contents of any safe deposit box in any manner
otherwise provided by law.
(7) Except as provided in this section and ORS 18.855 and
18.857, all provisions of ORS 18.600 to 18.850 apply to notices
of garnishment. The state agency or county tax collector shall
modify the forms provided in ORS 18.600 to 18.850 as necessary to
allow use of those forms for notices of garnishment. The form of
the notice of garnishment must clearly indicate that the document
is a notice of garnishment and must reflect the date of all
warrants on which the notice of garnishment is based.
(8) The Attorney General may adopt model forms for notices of
garnishment and other documents issued by state agencies and
county tax collectors under this section and ORS 18.855 and
18.857. There is a presumption, as described in ORS 40.120, that
any state agency or county tax collector that uses a model form
adopted by the Attorney General under this subsection has
complied with the requirements of ORS 18.600 to 18.850, and with
Enrolled Senate Bill 184 (SB 184-INTRO) Page 2
the provisions of this section and ORS 18.855 and 18.857, with
respect to the form of notices of garnishment.
SECTION 2. { + The amendments to ORS 18.854 by section 1 of
this 2013 Act apply only to notices of garnishment delivered on
or after the effective date of this 2013 Act. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by Senate February 26, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 12, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 184 (SB 184-INTRO) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 184 (SB 184-INTRO) Page 4
