Bill Text: OR SB339 | 2013 | Regular Session | Introduced
Bill Title: Relating to homestead exemptions for debts that arise from obligations to health care providers; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB339 Detail]
Download: Oregon-2013-SB339-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1977
Senate Bill 339
Sponsored by Senator JOHNSON (at the request of Susan Romersa)
(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.
Exempts entire value of homestead from sale on execution, lien
of judgment or liability for debts of owner if debt arises
directly from or as result of catastrophic or terminal illness or
injury. Defines 'catastrophic or terminal illness or injury. '
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to homestead exemptions for debts that arise from
obligations to health care providers; creating new provisions;
amending ORS 18.395, 18.402, 18.412, 18.845, 18.896 and 18.912;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.395 is amended to read:
18.395. (1) { + (a) + } A homestead { - shall be - } { +
is + } exempt from sale on execution, from the lien of
{ - every - } { + a + } judgment and from liability in any
form for the debts of the owner to the amount in value of
$40,000, except as { + provided in paragraph (b) of this
subsection or as + } otherwise provided by law. The exemption
{ - shall be - } { + is + } effective without the necessity
{ - of a claim thereof by - } { + for + } the judgment
debtor { + to claim the exemption + }. { - When - } { +
If + } two or more members of a household are debtors whose
interests in the homestead are subject to sale on execution, the
lien of a judgment or liability in any form, { - their - }
{ + the + } combined exemptions { + of the debtors + } under
this section { - shall - } { + may + } not exceed $50,000.
The homestead { + property + } must be the actual abode of and
occupied by the owner, or the owner's spouse, parent or child,
but the exemption
{ - shall - } { + is + } not { - be - } impaired by:
{ - (a) - } { + (A) + } Temporary removal or temporary
absence with the intention to reoccupy the { - same - } { +
property + } as a homestead;
{ - (b) - } { + (B) + } Removal or absence from the
property; or
{ - (c) - } { + (C) + } The sale of the property.
{ + (b) The homestead is exempt from sale on execution, from
the lien of a judgment and from liability in any form for the
owner's debts to the full value of the homestead, determined as
of a date one year before the execution occurs or the lien or
liability attaches, if the owner demonstrates that the owner's
debts arise directly from or as a result of a catastrophic or
terminal illness or injury. For purposes of this paragraph,
'catastrophic or terminal illness or injury' means an illness or
injury that results in the owner incurring an uninsured
obligation to a health care provider, as defined in ORS 30.792,
that is more than $10,000 and amounts to more than 50 percent of
the owner's annual adjusted gross income, as determined by
averaging the adjusted gross income shown in the owner's federal
income tax returns for the three years preceding the date on
which the owner incurred the most recent uninsured
obligation. + }
(2) The exemption { - shall extend - } { + extends + } to
the proceeds derived from { - such - } { + a + } sale { + of
the homestead property + } to an amount
{ - not exceeding $40,000 or $50,000, whichever - } { + that
does not exceed the applicable + } amount { - is applicable - }
{ + specified + } under subsection (1) of this section, if the
proceeds are held { - for a period not exceeding one year and
held with the intention to procure another homestead
therewith - } { + for a period that does not exceed one year
with the intention to procure another homestead + }.
(3) The exemption period under subsection { - (1)(b) and
(c) - } { + (1)(a)(B) and (C) + } of this section { - shall
be - } { + is + } one year from the { + date of the + }
removal, absence or sale, whichever occurs first.
(4) { - When - } { + If + } the owner of a homestead has
been granted a discharge in bankruptcy or has conveyed the
homestead property, the value { - thereof - } { + of the
homestead property + }, for the purpose of determining a leviable
interest { + , if any, + } in excess of the homestead exemption,
{ - shall be - } { + is + } the value on the date of the
petition in bankruptcy, whether the value is determined in the
bankruptcy proceedings or not, or on the date the conveyance
becomes effective, whichever { - shall first occur - } { +
occurs first + }. However, with respect to judgments not
discharged in the bankruptcy, or entered against the owner after
discharge, the value on the effective date of conveyance
{ - shall be controlling - } { + controls + }.
(5) Except as provided in subsection (7) of this section,
{ - no - } homestead { + property + } that is the actual
abode of and occupied by the judgment debtor, or that is the
actual abode of and occupied by a spouse, dependent parent or
dependent child of the judgment debtor, { - shall - } { + may
not + } be sold on execution to satisfy a judgment that at the
time of entry does not exceed $3,000. However, { - such - }
{ + the + } judgment { - shall remain - } { + remains + } a
lien upon the real property, and the property may be sold on
execution:
(a) At any time after the { - sale of - } { + judgment
debtor sells + } the property { - by the judgment debtor - } ;
and
(b) At any time after the property is no longer the actual
abode of and occupied by the judgment debtor or the spouse,
dependent parent or dependent child of the judgment debtor.
(6) The limitation on execution sales imposed by subsection (5)
of this section is not impaired by temporary removal or temporary
absence with the intention to reoccupy the property as a
homestead.
(7) The limitation on execution sales imposed by subsection (5)
of this section does not apply if two or more judgments are owing
to a single judgment creditor and the total amount owing to the
judgment creditor, determined by adding the amount of each
individual judgment as of the date the judgment was entered, is
greater than $3,000.
(8) Upon the issuance of an order authorizing sale as required
by ORS 18.904, and in conformance with subsection (5) of this
section, the sheriff may proceed to sell the property. If the
homestead exemption { + set forth in subsection (1)(a) of this
section + } applies, the sheriff shall pay the homestead owner
out of the proceeds the sum of $40,000 or $50,000, whichever is
applicable, and apply the balance of the proceeds on the
execution. { - However, no sale shall be made where - } { + A
sale may not occur if the homestead exemption set forth in
subsection (1)(b) of this section applies or if + } the homestead
exemption { + set forth in subsection (1)(a) of this section + }
applies { - unless - } { + and + } the sum bid for the
homestead
{ - is in excess of - } { + property does not exceed + } the
sum of the costs of sale and $40,000 or $50,000, whichever is
applicable. If { - no such - } { + a qualifying + } bid
is { + not + } received, the { + petitioner shall bear the + }
expense of the sale { - shall be borne by the petitioner - } .
(9) The homestead exemption provided by this section applies to
a purchaser's interest under a land sale contract, as defined by
ORS 18.960.
(10) The homestead exemption provided by this section applies
to:
(a) A floating home, as defined by ORS 830.700; and
(b) A manufactured dwelling, as defined by ORS 446.003.
SECTION 2. ORS 18.402 is amended to read:
18.402. The homestead { - mentioned - } { + described + }
in ORS 18.395
{ - shall consist, when - } { + , if + } not located in
{ - any - } { + a + } town or city laid off into blocks and
lots, { + consists + } of any quantity of land { - not
exceeding - } { + that does not exceed + } 160 acres, and
{ - when - } { + , if + } located in { - any such - } { +
a + } town or city, { + consists + } of any quantity of land
{ - not exceeding - } { + that does not exceed + } one block.
However, a homestead under this section { - shall - } { +
may + } not exceed in value the sum of $40,000 or $50,000,
whichever amount is applicable under ORS 18.395 { - (1) - }
{ + (1)(a), except in the circumstances described in ORS 18.395
(1)(b) + }.
SECTION 3. ORS 18.412 is amended to read:
18.412. (1) At any time after the date of execution of an
agreement to transfer the ownership of property in which a
homestead exemption exists { - pursuant to - } { + under + }
ORS 18.395, the homestead owner or the owner's transferee may
give notice of intent to discharge the property from the judgment
lien to a judgment creditor. { - Each - } { + The + } notice
shall bear the caption of the action in which the judgment was
recovered and shall:
(a) Identify the property and the judgment and state that the
judgment debtor is about to transfer, or has transferred, the
property and that the transfer is intended to discharge the
property from any lien effect of the judgment;
(b) State the fair market value of the property on the date of
the notice or of any applicable petition in bankruptcy, whichever
is applicable, and list the encumbrances against the property,
including the nature and date of each encumbrance, the name of
the encumbrancer and the amount presently secured by each
encumbrance;
(c) State that the { + person that gives the notice claims
that the + } property is { - claimed by the person giving the
notice to be - } wholly exempt from the lien of the judgment { +
by reason of the homestead exemption set forth under ORS 18.395
(1)(b) or for another reason + } or, if the value of the property
exceeds the sum of the encumbrances specified as required under
paragraph (b) of this subsection that are senior to the judgment
lien and $40,000 or $50,000, whichever amount of the homestead
exemption is applicable under ORS 18.395 { - (1) - } { +
(1)(a) + }, that the amount of the excess or the amount due on
the judgment, whichever is less, will be deposited with the court
administrator for the court in which the judgment was entered for
the use of the judgment holder; and
(d) Advise the { - holder of the - } judgment { +
holder + } that the property may be discharged from any lien
arising from the judgment, without further notice to the judgment
creditor, unless prior to a specified date, which { - in no
case - } may { + not + } be earlier than 14 days after the date
of mailing of the notice, the judgment creditor files objections
and a request for a hearing on the matter as provided in ORS
18.415.
(2) { - Each - } { + A + } notice described { - by - }
{ + in + } subsection (1) of this section { - shall - } { +
must + } be sent by certified mail to the judgment creditor, as
shown by the court records, at the judgment creditor's present or
last-known address according to the best knowledge of the person
sending the notice. A copy of { - each - } { + the + }
notice, together with proof of mailing, may be filed with the
court administrator for the court in which the judgment was
entered and shall be filed by the court administrator with the
records and files of the action in which the judgment was
recovered.
SECTION 4. ORS 18.912 is amended to read:
18.912. (1) Whether or not the judgment debtor appears at the
hearing, the court shall inquire as to the facts alleged in a
motion filed under ORS 18.906 and make a summary determination on
the motion.
(2) The court shall authorize sale of the property pursuant to
a motion filed under ORS 18.906 unless the court finds { +
that + }:
(a) { - That - } The property is the homestead of the
judgment debtor;
(b) { - That - } The judgment is subject to the homestead
exemption; and
(c) { - That - } The amount of the judgment or judgments was
$3,000 or less at the time of entry of the judgment or judgments
as described in ORS 18.395 (7) { + or that the homestead
exemption set forth in ORS 18.395 (1)(b) applies + }.
(3) If the court authorizes the sale of residential property,
the order must state whether the homestead exemption applies to
the property. If the homestead exemption does apply to the
property, the order must state the allowed amount of the
exemption.
(4) If the court authorizes the sale of residential property,
the judgment creditor may recover the costs of service of the
motion and notice under ORS 18.908 as part of the costs of the
sale.
SECTION 5. ORS 18.845 is amended to read:
18.845. A notice of exemptions form must be in substantially
the form set forth in this section. { - Nothing in - } The
notice form described in this section { - is intended to - }
{ + does not + } expand or restrict the law relating to exempt
property. A determination as to whether property is exempt from
execution, attachment and garnishment must be made by reference
to other law. The form provided in this section may be modified
to provide more information or to update the notice based on
subsequent changes in exemption laws.
_________________________________________________________________
NOTICE OF EXEMPT PROPERTY
AND INSTRUCTIONS FOR
CHALLENGE TO GARNISHMENT
Property belonging to you may have been taken or held in order to
satisfy a debt. The debt may be reflected in a judgment or in a
warrant or order issued by a state agency. Important legal papers
are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law specify that certain property may not be
taken. Some of the property that you may be able to get back is
listed below.
(1) Wages or a salary as described in ORS 18.375 and 18.385
{ - . Whichever of the following amounts is greater - }
{ + in an amount that does not exceed the greater of the
following amounts + }:
(a) 75 percent of your take-home wages; or
(b) $218 per workweek.
(2) Social Security benefits.
(3) Supplemental Security Income (SSI).
(4) Public assistance (welfare).
(5) Unemployment benefits.
(6) Disability benefits (other than SSI benefits).
(7) Workers' compensation benefits.
(8) All Social Security benefits and Supplemental Security
Income benefits, and up to $7,500 in exempt wages, retirement
benefits, welfare, unemployment benefits and disability benefits,
that are held in a bank account. You may attach copies of bank
statements to the Challenge to Garnishment form if you claim this
exemption.
(9) Spousal support, child support or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(10) A homestead (house, manufactured dwelling or floating
home) occupied by you, or occupied by your spouse, parent or
child. Up to $40,000 of the value of the homestead is exempt. If
you jointly own the homestead with another person who is also
liable on the debt, up to $50,000 of the value of the homestead
is exempt. { + If you can demonstrate that your debts arise from
a catastrophic or terminal illness or injury, that your debts
exceed $10,000 and that the amount of your debts is more than 50
percent of your adjusted gross income, the entire value of your
homestead may be exempt. + }
(11) Proceeds from the sale of a homestead described in item
10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds
to procure another homestead.
(12) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a
value not to exceed $3,000.
*(14) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $5,000.
*(15) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(17) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(18) Provisions and fuel for your family for 60 days.
(19) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(20) Public or private pensions.
(21) Veterans' benefits and loans.
(22) Medical assistance benefits.
(23) Health insurance proceeds and disability proceeds of life
insurance policies.
(24) Cash surrender value of life insurance policies not
payable to your estate.
(25) Federal annuities.
(26) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(27) Professionally prescribed health aids for you or any of
your dependents.
*(28) Elderly rental assistance allowed pursuant to ORS
310.635.
(29) 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.
(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.
(30) Amounts paid to you as an earned income tax credit under
federal tax law.
*(31) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(32) Equitable interests in property.
(33) Security deposits or prepaid rent held by a residential
landlord under ORS 90.300.
(34) If the amount shown as owing on the Debt Calculation form
exceeds the amount you actually owe to the creditor, the
difference between the amount owed and the amount shown on the
Debt Calculation form.
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by an
asterisk (*).
_________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT
AND SPOUSAL SUPPORT. Some property that may not otherwise be
taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers'
compensation benefits, unemployment benefits, veterans' benefits
and pensions are normally exempt, but only 50 percent of a lump
sum payment of these benefits is exempt if the debt is owed for a
support obligation.
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 Challenge to Garnishment form that you
received with this notice.
(2) Mail or deliver the Challenge to Garnishment form to the
court administrator at the address shown on the writ of
garnishment, and mail or deliver a copy of the form to the
Garnishor at the address shown on the writ of garnishment. If you
wish to claim wages or salary as exempt, you must mail or deliver
the form within 120 days after you receive this notice. If you
wish to claim that any other money or property is exempt, or
claim that the property is not subject to garnishment, you must
mail or deliver the form within 30 days after you receive this
notice. You have the burden of showing that your challenge is
made on time, so you should keep records showing when the
challenge was mailed or delivered.
(3) The law only requires that the Garnishor hold the garnished
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 by promptly following (1) and (2) above.
You should be prepared to explain your exemption in court. If
you have any questions about the garnishment or the debt, you
should see an attorney.
YOU MAY USE THE CHALLENGE TO GARNISHMENT FORM ONLY FOR THE
FOLLOWING PURPOSES:
(1) To claim such exemptions from garnishment as are permitted
by law.
(2) To assert that property is not garnishable property under
ORS 18.618.
(3) To assert that the amount specified in the writ of
garnishment as being subject to garnishment is greater than the
total amount owed.
YOU MAY NOT USE THE CHALLENGE TO GARNISHMENT FORM TO CHALLENGE
THE VALIDITY OF THE DEBT.
IF YOU FILE A CHALLENGE TO A GARNISHMENT IN BAD FAITH, YOU MAY
BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A
FINE. Penalties that you could be subject to are listed in ORS
18.715.
When you file a Challenge to Garnishment form, the Garnishee
may be required to make all payments under the garnishment to the
court, and the Garnishor may be required to pay to the court all
amounts received by the Garnishor that are subject to the
challenge to the garnishment. The Garnishee and Garnishor are
subject to penalties if they do not. For a complete explanation
of their responsibilities, see ORS 18.705 and 18.708.
_________________________________________________________________
SECTION 6. ORS 18.896 is amended to read:
18.896. (1) The challenge to execution form described in this
section does not expand or restrict the law relating to exempt
property. A determination as to whether property is exempt from
attachment or execution must be made by reference to other law.
The form provided in this section may be modified to provide more
information or to update the notice based on subsequent changes
in exemption laws.
(2) A challenge to execution form must be in substantially the
following form:
_________________________________________________________________
_____
COURT
COUNTY OF _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)CHALLENGE TO
Plaintiff, )EXECUTION
)
vs. )Case No. ___
)
____
)
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING
PURPOSES:
(1) To claim such exemptions from execution as are permitted by
law.
(2) To assert that the amount specified in the writ of
execution as being subject to execution is greater than the total
amount owed.
THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO
CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE SOLD ON
EXECUTION.
THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE
DEBT.
I/We claim that the following described property or money is
exempt from execution:
_________________________________________________________________
_________________________________________________________________
I/We believe this property is exempt from execution because
(the Notice of Exempt Property at the end of this form describes
most types of property that you can claim as exempt from
execution):
_________________________________________________________________
_________________________________________________________________
I am a person other than the Debtor and I have the following
interest in the property:
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____
Name _____
Signature ____
Signature ____
Address ____
Address ____
________
________
Telephone Telephone
Number ____
Number ____
(Required) (Required)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 Challenge to Execution form that you received
with this notice.
(2) Mail or deliver the Challenge to Execution form to the
court administrator at the address shown on the writ of
execution.
(3) Mail or deliver a copy of the Challenge to Execution form
to the judgment creditor at the address shown on the writ of
execution.
You should be prepared to explain your exemption in court. If
you have any questions about the execution or the debt, you
should see an attorney.
YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY FOR THE
FOLLOWING PURPOSES:
(1) To claim such exemptions from execution as are permitted by
law.
(2) To assert that the amount specified in the writ of
execution as being subject to execution is greater than the total
amount owed.
YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE
THE VALIDITY OF THE DEBT.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO
PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties that you could be subject to are listed in ORS 18.899.
NOTICE OF EXEMPT PROPERTY
Property belonging to you may have been taken or held in order
to satisfy a debt. The debt may be reflected in a judgment or in
a warrant or order issued by a state agency. Important legal
papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law specify that certain property may not be
taken. Some of the property that you may be able to get back is
listed below.
(1) Wages or a salary as described in ORS 18.375 and 18.385
{ - . Whichever of the following amounts is greater - }
{ + in an amount that does not exceed the greater of the
following amounts + }:
(a) 75 percent of your take-home wages; or
(b) $218 per workweek.
(2) Social Security benefits.
(3) Supplemental Security Income (SSI).
(4) Public assistance (welfare).
(5) Unemployment benefits.
(6) Disability benefits (other than SSI benefits).
(7) Workers' compensation benefits.
(8) All Social Security benefits and Supplemental Security
Income benefits, and up to $7,500 in exempt wages, retirement
benefits, welfare, unemployment benefits and disability benefits,
that are held in a bank account.
(9) Spousal support, child support or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(10) A homestead (house, manufactured dwelling or floating
home) occupied by you, or occupied by your spouse, parent or
child. Up to $40,000 of the value of the homestead is exempt. If
you jointly own the homestead with another person who is also
liable on the debt, up to $50,000 of the value of the homestead
is exempt. { + If you can demonstrate that your debts arise from
a catastrophic or terminal illness or injury, that your debts
exceed $10,000 and that the amount of your debts is more than 50
percent of your adjusted gross income, the entire value of your
homestead may be exempt. + }
(11) Proceeds from the sale of a homestead described in item
10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds
to procure another homestead.
(12) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a
value not to exceed $3,000.
*(14) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $5,000.
*(15) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(17) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(18) Provisions and fuel for your family for 60 days.
(19) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(20) Public or private pensions.
(21) Veterans' benefits and loans.
(22) Medical assistance benefits.
(23) Health insurance proceeds and disability proceeds of life
insurance policies.
(24) Cash surrender value of life insurance policies not
payable to your estate.
(25) Federal annuities.
(26) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(27) Professionally prescribed health aids for you or any of
your dependents.
*(28) Elderly rental assistance allowed pursuant to ORS
310.635.
*(29) 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.
*(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.
(30) Amounts paid to you as an earned income tax credit under
federal tax law.
(31) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(32) Equitable interests in property.
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by an
asterisk (*).
_________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT
AND SPOUSAL SUPPORT. Some property that may not otherwise be
taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers'
compensation benefits, unemployment benefits, veterans' benefits
and pensions are normally exempt, but only 50 percent of a lump
sum payment of these benefits is exempt if the debt is owed for a
support obligation.
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SECTION 7. { + The amendments to ORS 18.395, 18.402, 18.412,
18.845, 18.896 and 18.912 by sections 1 to 6 of this 2013 Act
apply to liens or other liabilities that attach to, judgments
that are entered against, or sales or other transfers of
ownership that occur on or after the effective date of this 2013
Act in connection with residential real property that qualifies
for a homestead exemption. + }
SECTION 8. { + 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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