72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2957
 
                         House Bill 3350
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  State Sheriffs Association)
 
 
                             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.
 
  Provides that when Department of Revenue collects delinquent
accounts for county, department shall add amount it charges
county to account collected.
 
                        A BILL FOR AN ACT
Relating to collection of delinquent accounts for counties;
  amending ORS 293.250.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 293.250 is amended to read:
  293.250. (1) There is hereby created a Collections Unit in the
Department of Revenue.
  (2) 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, 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.
  (3)(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,   { - and - }  { +  or + } to
counties, the Department of Revenue shall render assistance in
such collection and shall charge such officers, agencies and
counties separately for the cost of such assistance, provided
that charges shall not exceed the proceeds of collection credited
to such officer, 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
officers, 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 officer, agency or
county. The charge must reflect the average of the actual cost to
provide collection services for all accounts assigned by that
officer, 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. { +  The department shall add to the
amount of each delinquent account to be collected for a county a
sum equal to the amount of the charge imposed by the department
against the county for the cost of assistance. + }
  (b) No setoff will be made by the Department of Revenue unless
the debt is in a liquidated amount.
  (c) When the Department of Revenue has notified the assigning
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 agency or county shall not enter
into any agreement with the debtor for payment of the debt before
the setoff is made.
  (d) 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.
  (e) 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) Net proceeds of collections of delinquent accounts shall be
credited to the account or fund of the officer, agency or county
to which the debt was originally owing.
  (4)(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
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) 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.
                         ----------