71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. HB 2856
LC 2274/HB 2856-A3
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2856
By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
May 16
On page 1 of the printed A-engrossed bill, line 2, after '
293.231' insert 'and 293.250; and declaring an emergency'.
On page 2, after line 40, insert:
' { + SECTION 2. + } ORS 293.250 is amended to read:
' 293.250. (1) There is hereby created a Collections Unit in
the Department of Revenue. { +
' (2) As used in this section, 'state agency' has the meaning
given that term in ORS 293.235. + }
' { - (2) - } { + (3) + } The Department of Revenue may
render assistance in the collection of any delinquent account
owing to any state
{ - officer, board, commission, corporation, institution,
department or other state organization - } { + agency + }
assigned by the agency to which the delinquent account is owed to
the Department of Revenue for collection.
' { - (3) - } { + (4) + }(a) Subject to rules prescribed by
the Oregon Department of Administrative Services for collection
of delinquent accounts owing to { - the respective officers,
departments, boards and commissions of state government - } { +
state agencies + }, the Department of Revenue shall render
assistance in such collection and shall charge { - such
officers and - } { + the + } agencies separately for the cost
of such assistance, provided that charges shall not exceed the
proceeds of collection credited to { - such officer or - }
{ + the + } agency for the same biennium. The Department of
Revenue may designate a single percentage to retain from the
proceeds of collection as a charge for the cost of assistance. If
the Department of Revenue finds that accounts assigned to the
Department of Revenue for collection by certain { - officers
or - } { + state + } agencies lack sufficient information to
properly and efficiently identify the debtor or that the account
information must be put into a form usable by the Department of
Revenue in order to efficiently provide collection services, the
Department of Revenue may establish a separate percentage charge
to be retained from collections for the { - officer or - }
agency. The charge must reflect the average of the actual cost to
provide collection services for all accounts assigned by that
{ - officer or - } { + state + } agency. In providing
assistance, the Department of Revenue shall utilize all means
available to collect the delinquent accounts including the setoff
of any refunds or sums due to the debtor from the Department of
Revenue or any other state agency. The Department of Revenue may
prescribe criteria for the kinds of accounts that may be assigned
under this section, including a minimum dollar amount owed.
' { + (b) A state agency authorized to use the services of
the Collections Unit may add a reasonable fee to the amount of
the debt, payable by the debtor, for the Collections Unit fee
incurred or to be incurred. The state agency may not add a fee
under this paragraph that exceeds the collection fee established
by the Collections Unit. + }
' { - (b) - } { + (c) + } No setoff will be made by the
Department of Revenue unless the debt is in a liquidated amount.
' { - (c) - } { + (d) + } When the Department of Revenue has
notified the assigning { + state + } agency that a refund or
other sum due to the debtor is available for setoff, the debtor
may arrange with the Department of Revenue for payment of the
debt in full before the setoff is made. However, the assigning
{ + state + } agency shall not enter into any agreement with the
debtor for payment of the debt before the setoff is made.
' { - (d) - } { + (e) + } At the time any setoff is made the
debtor shall be notified by the Department of Revenue of its
intention to apply sums due from a state agency against the
debtor's delinquent account. The notice shall provide that the
debtor within 30 days may request a hearing before the claimant
agency. No issues at the hearing may be considered that have been
litigated previously, or if the debtor after being given due
notice of rights of appeal has failed to exercise them timely.
' { - (e) - } { + (f) + } All moneys received by the
Department of Revenue in payment of charges made under paragraph
(a) of this subsection shall be paid into the State Treasury and
deposited in a miscellaneous receipts account for the Department
of Revenue.
' { - (f) - } { + (g) + } Net proceeds of collections of
delinquent accounts shall be credited to the account or fund of
the { - officer or - } { + state + } agency to which the debt
was originally owing.
' { - (4) - } { + (5) + }(a) In providing assistance in the
collection of any delinquent account under this section, the
Department of Revenue may issue a warrant for the collection of
the delinquent account. The warrant may be recorded in the County
Clerk Lien Record maintained under ORS 205.130.
' (b) A warrant shall not be issued under this subsection
unless the debt is in a liquidated amount.
' (c) The amount of any warrant issued under this subsection
shall include the principal amount of the debt, any added
{ + fees, + } penalties or interest attributable to the
delinquent account and any costs associated with recording,
indexing or service of the warrant and any satisfaction or
release thereof.
' (d) A warrant shall not be issued under this subsection
before the debtor has been notified that the department intends
to issue the warrant and of the collection action that may be
taken under the warrant.
' { - (5) - } { + (6) + } Nothing in this section shall
prohibit the collection of:
' (a) A child or spousal support obligation as provided in ORS
25.610; or
' (b) Criminal judgments that impose monetary obligations,
including judgments requiring the payment of fines, costs,
assessments, compensatory fines, attorney fees, forfeitures or
restitution.
' { + 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 July 1, 2001. + } ' .
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