Chapter 223
Oregon Laws 2011
AN ACT
HB 2252
Relating to
uncollectible debts owed state agencies; creating new provisions; amending ORS
293.240, 319.186, 319.746 and 825.509; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 293.240 is amended to
read:
293.240. (1) If a state agency has
made all reasonable efforts to collect money owed to it, including money owed
on a liquidated and delinquent account that has been relinquished by a private
collection agency under ORS 293.231, and has determined that [such] the money and any interest
or penalties [therefor] on the
money are uncollectible, the agency may write off the debt on its
accounts [in accordance with criteria
for uncollectibility formulated by the agency and approved by the Secretary of
State and the Attorney General, which criteria shall include the right of
offset, the agency may certify to the Secretary of State the amount of the
money, interest and penalties, as accurately as can be determined. The
Secretary of State may require submission by the agency of all relevant
evidence and other information regarding the debt and may examine such records
of any other state agency which may be pertinent in determining the
uncollectibility of the debt, unless such examination is prohibited by specific
provisions of law (except for the secretary’s duty to audit the state agency),
including but not limited to ORS 314.835 and 657.665].
(2) Before determining that money
is uncollectible under subsection (1) of this section, a state agency must
adopt criteria for determining when money is uncollectible. The criteria must
include the right of offset and must be approved by the Attorney General.
[(2)
If the Secretary of State finds that the debt is uncollectible, in accordance
with the criteria for uncollectibility of money due to that state agency, the
Secretary of State shall direct the agency to write off the debt on its
accounts in a manner approved by the Secretary of State.]
(3) This section does not apply to debts
owed to a state agency for which a procedure for compromise, release,
discharge, waiver, cancellation or other form of settlement [thereof] for the debt for reasons
other than uncollectibility is by law made specially applicable to [such] the state agency.
SECTION 2. ORS 319.186 is amended to
read:
319.186. (1) Any tax, interest or
penalty due the state assigned to a collection agency pursuant to ORS 319.184
that remains uncollected for two years after the date of [such] the assignment meets the criteria for uncollectibility
formulated pursuant to ORS 293.240[, and
may be assigned to the Secretary of State].
(2) ORS 293.245 applies to any tax,
interest or penalty due the state [assigned
to the Secretary of State pursuant to] and described in subsection
(1) of this section.
SECTION 3. ORS 319.746 is amended to
read:
319.746. (1) Any obligation due the
state assigned to a collection agency pursuant to ORS 319.744 that remains
uncollected for two years after the date of [such] the assignment meets the criteria for uncollectibility
formulated pursuant to ORS 293.240[, and
may be assigned to the Secretary of State].
(2) ORS 293.245 applies to any
obligation due the state [assigned to the
Secretary of State pursuant to] and described in subsection (1) of
this section.
SECTION 4. ORS 825.509 is amended to
read:
825.509. (1) Any fee, tax, penalty or
money due the state assigned to a collection agency pursuant to ORS 825.508
that remains uncollected for two years after the date of [such] the assignment meets the criteria for uncollectibility
formulated pursuant to ORS 293.240[, and
may be assigned to the Secretary of State].
(2) ORS 293.245 applies to any fee,
tax, penalty or money due the state [assigned
to the Secretary of State pursuant to] and described in subsection
(1) of this section.
SECTION 5. The amendments to ORS
293.240, 319.186, 319.746 and 825.509 by sections 1 to 4 of this 2011 Act apply
to debts determined by a state agency to be uncollectible on or after the
effective date of this 2011 Act.
SECTION 6. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 2, 2011
Filed in the office
of Secretary of State June 2, 2011
Effective date
June 2, 2011
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