71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 657 (A to RC)
 
LC 3185/SB 657-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 657
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
                    By COMMITTEE ON JUDICIARY
 
                             June 7
 
  On page 2 of the printed A-engrossed bill, after line 40,
insert:
  '  { +  SECTION 2a. + }  { + If House Bill 2856 becomes law,
section 2 of this 2001 Act (amending ORS 293.250) is repealed and
ORS 293.250, as amended by section 2, chapter ___, Oregon Laws
2001 (Enrolled House Bill 2856), 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.
  ' (3) The Department of Revenue may render assistance in the
collection of any delinquent account owing to any state
agency { + , or to a county pursuant to a judgment obtained under
ORS 169.151, + } assigned by the agency  { + or county + } to
which the delinquent account is owed to the Department of Revenue
for collection.
  ' (4)(a) Subject to rules prescribed by the Oregon Department
of Administrative Services for collection of delinquent accounts
owing to state agencies,  { + and to counties, + } the Department
of Revenue shall render assistance in such collection and shall
charge the agencies  { + and counties + } separately for the cost
of such assistance, provided that charges shall not exceed the
proceeds of collection credited to the agency  { + or county + }
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 state agencies  { + or counties + } 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 agency { +  or county + }. The charge must
reflect the average of the actual cost to provide collection
services for all accounts assigned by that state agency  { +  or
county + }. 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 offset any refunds or sums
due to the debtor from the department or any other state agency
against delinquent accounts assigned by a county to the
department for collection under this section. + } 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.
  ' (c) No setoff will be made by the Department of Revenue
unless the debt is in a liquidated amount.
  ' (d) When the Department of Revenue has notified the assigning
state agency  { + or county  + }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  { + or
county + } shall not enter into any agreement with the debtor for
payment of the debt before the setoff is made.
  ' (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 { +  or
county + }. 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.
  ' (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.
  ' (g) Net proceeds of collections of delinquent accounts shall
be credited to the account or fund of the state agency  { + or
county + } to which the debt was originally owing.
  ' (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.
  ' (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.'.
  On page 5, after line 6, insert:
  '  { +  SECTION 4. + }  { + Neither the Department of
Corrections nor any city or county may seek reimbursement for
expenses incurred in safekeeping and maintaining prisoners
through a counterclaim or request for setoff in an action by a
person against the department or the county or city. + } ' .
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