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H0337.....................................................by WAYS AND MEANS
COURT DEBTS - Adds to existing law to provide for the payment of court
debts by credit card or debit card; to define terms; and to authorize the
adoption of rules.
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Jud
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell,
Bieter(Bieter), Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,
Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,
Ellsworth, Eskridge, Field(23), Gagner, Garrett, Harwood,
Henbest(Bray), Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Field(18), Ring
Floor Sponsor - Harwood
Title apvd - to Senate
03/27 Senate intro - 1st rdg - to Jud
04/01 Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Goedde, McWilliams
Floor Sponsor - Sweet
Title apvd - to House
04/04 To enrol
04/07 Rpt enrol - Sp signed - Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 287
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 337
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO PAYMENTS TO COURTS; AMENDING CHAPTER 32, TITLE 31, BY THE ADDITION
3 OF A NEW SECTION 31-3221, IDAHO CODE, TO PROVIDE FOR THE PAYMENT OF COURT
4 DEBTS BY CREDIT CARD OR DEBIT CARD, TO DEFINE TERMS AND TO AUTHORIZE THE
5 ADOPTION OF COURT RULES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 32, Title 31, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 31-3221, Idaho Code, and to read as follows:
10 31-3221. PAYMENTS TO COURT BY CREDIT CARD OR DEBIT CARD. (1) The clerk of
11 the district court may accept payment of a debt owed to the court by a credit
12 card or debit card. Any person making payment on a debt owed to the court by a
13 credit card or debit card shall be assessed an electronic payment convenience
14 fee established by the supreme court, which shall include, among other costs,
15 the amount charged the court by the issuer for the use of the card. This fee
16 may also be paid by credit card or debit card and included in the transaction
17 for the payment of the debt owed to the court. The electronic payment conve-
18 nience fee shall be separate from the debt owed to the court and shall be
19 deposited into the district court fund. The debt owed to the court shall not
20 be expunged, canceled, released, discharged or satisfied and any receipt or
21 other evidence of payment shall be deemed conditional until the court has
22 received final and unconditional payment of the full amount due from the
23 financing agency or card issuer for the transaction. If an electronic payment
24 once made is subsequently denied, revoked or otherwise canceled for any rea-
25 son, and the payment is withdrawn from the court, the court may proceed as
26 though payment had never been made.
27 (2) Definitions. As used in this section:
28 (a) "Cardholder" means the person or organization named on the face of a
29 credit card or debit card to whom or for whose benefit the credit card or
30 debit card is issued by an issuer.
31 (b) "Credit card" means any instrument or device, whether known as a
32 credit card or credit plate or by any other name, issued with or without a
33 fee by an issuer for the use of the cardholder in obtaining money, prop-
34 erty, goods, services or anything else of value on credit.
35 (c) "Debit card" means any instrument or device, whether known as a debit
36 card or by any other name, issued with or without a fee by an issuer for
37 the use of the cardholder in depositing, obtaining or transferring funds.
38 (d) "Debt owed to the court" means any assessment of fines, court costs,
39 surcharges, penalties, fees, restitution, cash deposit of bail, moneys
40 expended in providing counsel and other defense services to indigent
41 defendants, or other charges which a court judgment has ordered to be paid
42 to the court or which a party has agreed to pay in criminal or civil cases
43 and includes any interest or penalty on such unpaid amounts as provided
2
1 for in the judgment or by law.
2 (e) "Issuer" means a business organization, financial institution or
3 authorized agent of a business organization or financial institution that
4 issues a credit card or debit card.
5 (3) The supreme court may adopt rules as deemed appropriate for the
6 administration of this section and may enter into contracts with an issuer or
7 other organization to implement the provisions of this section.
STATEMENT OF PURPOSE
RS 13108
To provide an added customer service to users of the court
system, this bill authorizes the clerk of the court to accept
credit cards or debit cards in the payment of court charges such
as filing fees, fines, and court costs. At least 25 other states
have authorized this practice, and credit cards and debit cards
are routinely used by litigants to conveniently pay these
obligations in these jurisdictions.
Because credit card issuers ordinarily charge the recipient of
the funds a small percentage of the transaction amount for each
transaction they process, issues have arisen as to the authority
of the courts to accept credit cards because governmental
recipients of this revenue would receive something less than
their full share of the fine, fees and costs ordered by the
judge.
As part of the requirements of this legislation, the card user
pays the costs of the transaction (including the fee charged by
the card issuer), so that the governmental entities that receive
this revenue receive the full amount that is due.
The acceptance of credit cards and debit cards will also result
in the prompt payment of these court charges, thereby reducing
the risk that they will become delinquent and require court time
and expense to collect them.
FISCAL IMPACT
Although it is anticipated that there will be a cost savings to
state and local funds, the extent of this savings cannot be
measured at this time.
Contact
Name: Rep. Dick Harwood
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 337