71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2354
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
CHAPTER ................
AN ACT
Relating to collection of debts owed the state; amending ORS
293.231 and 293.245; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 293.231 is amended to read:
293.231. (1) Except as provided in subsections (4), (5) and (6)
of this section, a state agency, unless otherwise prohibited by
law, shall offer for assignment every liquidated and delinquent
account to a private collection agency or to the Department of
Revenue as provided in ORS 293.250 not later than:
(a) One year from the date the account was liquidated if no
payment has been received on the account within that year; or
(b) One year from the date of receipt of the most recent
payment on the account.
(2) Nothing in subsection (1) of this section prohibits a state
agency from offering for assignment a liquidated and delinquent
account to a private collection agency at any time within the
one-year period.
(3) If, after a reasonable time, the private collection agency
is unable to collect the account, the private collection agency
shall notify the state agency that assigned the account that it
has been unable to collect the account and shall relinquish the
account to the state agency. A private collection agency that
collects an account under this section shall be held to the same
standard of { + confidentiality, + } service and courtesy
imposed on { - a - } { + the + } state agency that
{ - collects an - } { + assigned the + } account.
(4) If a state agency assigns a liquidated and delinquent
account to the Department of Revenue as provided in ORS 293.250,
the department shall have one year from the date of liquidation
to collect a payment. If the department does not collect a
payment within that one-year period or if one year has elapsed
since the date of receipt of the most recent payment on the
account, the department shall notify the state agency. The state
agency shall then immediately offer for assignment the debt to a
private collection agency.
(5) The provisions of subsection (1) of this section do not
apply to a liquidated and delinquent account that is prohibited
by state or federal law or regulation from assignment or
collection.
Enrolled House Bill 2354 (HB 2354-A) Page 1
(6) Notwithstanding subsection (1) of this section, a state
agency may, at its discretion, choose not to offer for assignment
to a private collection agency a liquidated and delinquent
account that:
(a) Is secured by a consensual security interest in real or
personal property;
(b) Is a court ordered judgment that includes restitution or a
payment to the Department of Justice Crime Victims' Assistance
Section;
(c) Is in litigation, including bankruptcy, arbitration and
mediation;
(d) Is a student loan owed by a student who is attending
school;
(e) Is owed to a state agency by a local or state government or
by the federal government;
(f) Is owed by a debtor who is hospitalized in a state hospital
as defined in ORS 162.135 or who is on public assistance as
defined in ORS 411.010;
(g) Is owed by a debtor who is imprisoned;
(h) Is less than $25, including penalties; or
(i) Would result in loss of federal funding if assigned.
(7) Nothing in this section prohibits a state agency from
collecting a tax offset after a liquidated and delinquent account
is assigned to a private collection agency.
(8) For the purposes of this section, a state agency shall be
deemed to have offered for assignment an account if:
(a) The terms of the offer are of a type generally acceptable
within the collections industry for the type of account offered
for assignment; and
(b) The offer is made to a private collection agency that
engages in collecting on accounts of the type sought to be
assigned or is made generally available to private collection
agencies through a bid or request for proposal process.
SECTION 2. ORS 293.245 is amended to read:
293.245. If a debt previously written off pursuant to ORS
293.240 subsequently becomes collectible, the { - Department of
Revenue - } { + state agency to which the money is owed + }
shall proceed
{ - under ORS 293.250 - } to collect the money due. The
{ - Department of Revenue - } { + agency + } shall credit the
money so collected to the accounts or funds { - of the state
agency - } to which the debt was originally owing.
SECTION 3. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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Enrolled House Bill 2354 (HB 2354-A) Page 2
Passed by House February 8, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2001
...........................................................
President of Senate
Enrolled House Bill 2354 (HB 2354-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2354 (HB 2354-A) Page 4