76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2108

                         House Bill 2593

Sponsored by Representative SCHAUFLER (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that not less than $150 in debtor's account is not
subject to garnishment.

                        A BILL FOR AN ACT
Relating to garnishment; creating new provisions; and amending
  ORS 18.619.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 18.619 is amended to read:
  18.619.  { + (1) If a writ of garnishment is delivered to a
financial institution that has an account of the debtor, the
greater of $150, or the amount described in subsection (2) of
this section, is not subject to garnishment. + }
    { - (1) - }  { +  (2) + } If a writ of garnishment is
delivered to a financial institution that has an account of the
debtor, and one or more payments described in subsection
 { - (2) - }  { +  (3) + } of this section were deposited in the
account by direct deposit or electronic payment during the
calendar month that preceded the month in which the writ of
garnishment is delivered to the financial institution, an amount
equal to the lesser of the sum of those payments or the total
balance in the debtor's account is not subject to garnishment.
    { - (2) - }  { +  (3) + } The provisions of  { + subsection
(2) of + } this section apply only to:
  (a) Payments from a public or private retirement plan as
defined in ORS 18.358;
  (b) Payments from the Social Security Administration;
  (c) Public assistance payments from the state or a state
agency;
  (d) Unemployment compensation payments from the state or a
state agency;
  (e) Black lung benefits payments from the United States
Department of Labor;
  (f) Veteran benefits payments from the Veterans Benefits
Administration; and
  (g) Workers' compensation payments from a workers' compensation
carrier.
    { - (3) - }  { +  (4) + } The provisions of  { + subsection
(2) of + } this section apply only to:
  (a) A payment that a financial institution can identify as
being one of the types of payments described in subsection

 { - (2) - }  { +  (3) + } of this section from information
transmitted to the financial institution by the payor; or
  (b) Payments for which the debtor has given a financial
institution written notification under subsection   { - (4) - }
 { +  (5) + } of this section.
    { - (4)(a) - }  { +  (5)(a) + } At the time a person opens a
new account with a financial institution in this state, the
financial institution may require that the person sign an
affidavit indicating whether the person is receiving any of the
payments described in subsection   { - (2) - }  { +  (3) + } of
this section that will be deposited in the account by direct
deposit or electronic payment.
  (b) A financial institution in this state shall make available
a form of affidavit that a person may use when opening an
account, or may use at any time while the account is open, to
indicate that the person is receiving any of the payments
described in subsection   { - (2) - }  { +  (3) + } of this
section that will be deposited in the account by direct deposit
or electronic payment.
  (c) Without regard to whether an affidavit has been signed
under this subsection, payments that are subject to subsection
  { - (1) - }  { +  (2) + } of this section and that can be
readily identified by the financial institution as one of the
types of payments described in subsection   { - (2) - }  { +
(3) + } of this section are not subject to garnishment.
    { - (5) - }  { +  (6) + } A financial institution is not
liable to any person for any determination made in good faith, as
defined in ORS 73.0103, with respect to whether amounts are
subject to garnishment under  { + subsection (2) of + } this
section.
    { - (6) - }  { +  (7) + } The provisions of this section do
not affect the ability of a debtor to claim any exemption that
otherwise may be available to the debtor under law for any
amounts in an account in a financial institution in excess of the
amount specified in subsection   { - (1) - }   { + (2) + } of
this section.
  SECTION 2.  { + The amendments to ORS 18.619 by section 1 of
this 2011 Act apply only to writs of garnishment issued on or
after the effective date of this 2011 Act. + }
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