Bill Text: OR SB259 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to offsetting against liquidated state debt moneys owed to debtors; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-04-25 - Effective date, April 18, 2013. [SB259 Detail]

Download: Oregon-2013-SB259-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 259

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 Senate Interim Committee on
  Business, Transportation and Economic Development)

                     CHAPTER ................

                             AN ACT

Relating to offsetting against liquidated state debt moneys owed
  to debtors; and declaring an emergency.

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

  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 657. + }
  SECTION 2.  { + (1) The Director of the Employment Department
may enter into an intergovernmental agreement with the federal
government for the purposes of:
  (a) Offsetting against liquidated state debt moneys that the
federal government owes to the debtor; and
  (b) Sharing information as necessary to make offsets under
paragraph (a) of this subsection.
  (2) The director may request an offset against liquidated state
debt under this section only if:
  (a) The debt is legally enforceable;
  (b) The debt is past due;
  (c) The debt was caused by the debtor's willfully making a
false statement or misrepresentation, or willfully failing to
report a material fact, to obtain any benefits under this
chapter;
  (d) The debtor's appeal period for contesting the debt and the
element of causation described in paragraph (c) of this
subsection has expired; and
  (e) The director has provided at least 60 days' advance written
notice to the debtor that the debt will be offset pursuant to
this section and that the debtor has the right to request
administrative review under rules adopted by the director
pursuant to subsection (5) of this section.
  (3)(a) The director may pay a fee charged by the federal
government for processing a request for an offset under
subsection (1) of this section.
  (b) The net amount received from the federal government after
deduction of fees charged under paragraph (a) of this subsection
shall be offset against the debt.
  (4)(a) The director may pay a fee charged by the Department of
Revenue pursuant to ORS 293.250 for processing a request to
offset against liquidated state debt a state tax refund owed to
the debtor.

Enrolled Senate Bill 259 (SB 259-A)                        Page 1

  (b) The net amount received from the Department of Revenue
after deduction of fees charged under paragraph (a) of this
subsection shall be offset against the debt.
  (5) The director shall adopt rules consistent with federal
requirements for debt offsets requested under this section that
establish the requirements for the advance written notice
provided to debtors, and the procedures pursuant to which a
debtor may obtain administrative review, under this section. + }
  SECTION 3.  { + The 60 days' advance written notice required
under section 2 (2)(e) of this 2013 Act is not valid unless it is
sent on or after the effective date of this 2013 Act, and the
Director of the Employment Department may not request an offset
under section 2 (2) of this 2013 Act before the date that is 60
days after the effective date of this 2013 Act. + }
  SECTION 4.  { + 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 March 13, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House April 11, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 259 (SB 259-A)                        Page 2

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 259 (SB 259-A)                        Page 3