75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                    Senate Joint Memorial 12
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
To the President of the United States, the Secretary of the
  Treasury of the United States, and the Senate and the House of
  Representatives of the United States of America, in Congress
  assembled:
  We, your memorialists, the Seventy-fifth Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas there is more than $1 billion in unpaid restitution,
fines, fees and penalties ordered by Oregon state courts; and
  Whereas significant amounts of these court-ordered financial
obligations are willfully ignored; and
  Whereas the United States Treasury Offset Program allows for
the federal income tax refund interception of federal and state
tax debt, Temporary Assistance to Needy Families (TANF) and
non-TANF child support debt and federal agency non-tax debt; and
  Whereas providing federal authorization to intercept federal
tax refunds to pay overdue state court-ordered financial
obligations will increase the enforcement of court orders and, by
doing so, increase the collections of court-ordered fines, fees
and victim restitution; and
  Whereas authorizing these intercepts would not affect the
federal budget because the legislation would authorize intercepts
on refunds that would otherwise be returned to individuals who
owe these obligations; and
  Whereas the increased collection of court-ordered fines will
benefit victims of crime, first responder public safety training
programs, criminal investigations, the General Fund of this state
and the cities and counties of Oregon during these
extraordinarily challenging economic times; and
  Whereas the collection of court-imposed penalties, fines, fees
and restitution surcharges through a tax refund offset mechanism
will contribute positively to the public trust and confidence in
the judicial system; and
  Whereas the Governor's Federal Forest Payment Task Force
recommended this federal law change to help make up for declining
federal payments to Oregon counties; now, therefore,
 
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
 
  (1) That the Seventy-fifth Legislative Assembly urges the
Congress of the United States to immediately introduce and pass
legislation to implement a tax refund intercept program similar
to that proposed in the 110th Congress (H.R. 6172 and S. 1287).
  (2) A copy of this memorial shall be sent to the President of
the United States, to the Secretary of the Treasury of the United
States, to the Senate Majority and Minority Leaders, to the
Speaker of the House of Representatives, to the House of
Representatives Majority and Minority Leaders and to each member
of the Oregon Congressional Delegation.
 
 
Enrolled Senate Joint Memorial 12 (SJM 12-INTRO)           Page 1
 
 
 
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                                Adopted by Senate April 13, 2009
 
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                                       Secretary of Senate
 
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                                       President of Senate
 
 
                                  Adopted by House May 12, 2009
 
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                                        Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Joint Memorial 12 (SJM 12-INTRO)           Page 2