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S1108aa,aa.................................by LOCAL GOVERNMENT AND TAXATION
PUBLIC DEBTS - COLLECTION AGENCIES - Adds to existing law to provide that
representatives of counties may file civil actions in the small claims
department of the magistrate's division for reimbursement for certain
county jail expenses; to revise the filing time limitation; and to provide
that public agencies may retain collection agencies to collect public
debts.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Loc Gov
02/18 Rpt out - to 14th Ord
02/21 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/03 3rd rdg as amen - Ret'd to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 25-6-4
AYES -- Andreason, Bailey, Brandt, Burtenshaw, Calabretta, Cameron,
Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Pearce,
Richardson, Stegner, Sweet, Williams
NAYS -- Burkett, Keough, Noh, Schroeder, Stennett, Werk
Absent and excused -- Bunderson, Davis, Noble, Sorensen
Floor Sponsor - Goedde
Title apvd - to House
03/11 House intro - 1st rdg - to Loc Gov
03/21 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 62-7-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Cannon, Collins, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest(Bray), Jaquet, Jones, Kellogg,
Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Wood, Mr. Speaker
NAYS -- Campbell, Crow, Harwood, Kulczyk, Mitchell, Naccarato, Sali
Absent and excused -- Clark
Floor Sponsor - Smylie
Title apvd - to Senate
03/28 To enrol
03/31 Rpt enrol - Pres signed
04/01 Sp signed
04/02 To Governor
04/08 Governor signed
Session Law Chapter 245
Effective: 04/08/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1108
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO COLLECTION OF PUBLIC DEBTS; AMENDING SECTION 20-607, IDAHO CODE,
3 TO PROVIDE THAT REPRESENTATIVES OF COUNTIES MAY FILE CIVIL ACTIONS AND TO
4 REVISE A TIME LIMITATION; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY
5 THE ADDITION OF A NEW SECTION 67-2358, IDAHO CODE, TO PROVIDE THAT PUBLIC
6 AGENCIES MAY RETAIN COLLECTION AGENCIES TO COLLECT PUBLIC DEBTS, TO PRO-
7 VIDE FOR COLLECTION FEES, TO REQUIRE NOTICE TO DEBTORS, TO LIMIT REMEDIES
8 AND POWERS OF COLLECTION AGENCIES AND TO CLARIFY THE TERM "DEBT"; AND
9 DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 20-607, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 20-607. PRISONER REIMBURSEMENT TO THE COUNTY. (1) The county sheriff
14 shall seek reimbursement for any expenses incurred by the county in relation
15 to the charge or charges for which a person was sentenced to a county jail as
16 follows:
17 (a) From each person who is or was a prisoner, not more than twenty-five
18 dollars ($25.00) per day for the expenses of maintaining that prisoner up
19 to a maximum of five hundred dollars ($500), whichever is less, for the
20 entire period of time the person was confined in the county jail, includ-
21 ing any period of pretrial detention;
22 (b) Any other expenses incurred by the county in order to collect pay-
23 ments under this section;
24 (c) In pursuing reimbursement under this section the county may investi-
25 gate the financial status of the person.
26 (d) The county where the person was sentenced shall charge the person a
27 daily maintenance cost according to paragraph (a) of this subsection and
28 shall seek reimbursement once the debt has been incurred.
29 (2) Before seeking any reimbursement under this section, the sheriff
30 shall develop a form to be used for determining the financial status of pris-
31 oners. The form shall provide for obtaining the age and marital status of the
32 prisoner, the number and ages of children of the prisoner, the number and ages
33 of other dependents, type and value of real estate, type and value of real and
34 personal property, type and value of investments, cash, bank accounts, pen-
35 sions, annuities, salary, wages and any other personal property of significant
36 cash value. The county shall use the form when investigating the financial
37 status of a prisoner and when seeking reimbursement.
38 (3) (a) A prisoner in a county jail shall provide accurate information
39 and cooperate with the county sheriff for purposes of satisfying subsec-
40 tion (2) of this section.
41 (b) A prisoner who willfully refuses to provide accurate information or
42 cooperate as provided in paragraph (a) of this subsection shall not
43 receive a reduction in his or her term under section 20-621, Idaho Code.
2
1 (4) At the request of the board of county commissioners, the sheriff of
2 the county shall forward to the board a list containing the name of each sen-
3 tenced prisoner, term of sentence and date of admission.
4 (5) (a) Within six one (61) months year of the release of a person as a
5 sentenced prisoner from any county jail, an attorney a representative for
6 that county may file a civil action to seek reimbursement from that per-
7 son for the cost of incarceration. A civil action may be filed only after
8 determining from the financial status form, as required in subsection (2)
9 of this section, that sufficient assets are available to justify further
10 recovery efforts and that further action to collect the daily expense for
11 maintaining the sentenced person by the county will not cause the sen-
12 tenced person or his dependents to qualify for public assistance.
13 (b) A civil action brought under this section shall be instituted in the
14 name of the county in which the jail is located and shall state the dates
15 and places of sentence, the length of time set forth in the sentence, the
16 length of time actually served, and the amount or amounts due to the
17 county pursuant to this section.
18 (c) Before entering any order on behalf of the county against the defend-
19 ant, the court shall take into consideration any legal obligation of the
20 defendant to support a spouse, minor children, other dependents or provide
21 victim restitution and any moral obligation to support dependents to whom
22 the defendant is providing or has in fact provided support.
23 (6) The reimbursements secured under this section shall be credited to
24 the justice fund or current expense fund of the county to be available for
25 jail maintenance and operation purposes.
26 SECTION 2. That Chapter 23, Title 67, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 67-2358, Idaho Code, and to read as follows:
29 67-2358. COLLECTION OF PUBLIC DEBTS -- FEES.
30 (1) (a) Public agencies, as defined in section 67-2327, Idaho Code, may
31 retain by written contract a collection agency that has a permit pursuant
32 to chapter 22, title 26, Idaho Code, for the purpose of collecting public
33 debts owed by any person, including any restitution that is being col-
34 lected on behalf of a crime victim.
35 (b) Any public agency using a collection agency as provided in this sec-
36 tion may add a reasonable fee, payable by the debtor, to the outstanding
37 debt for the collection agency fee incurred or to be incurred. The amount
38 to be paid for collection services shall be left to the agreement of the
39 public agency and its collection agency or agencies, but a contingent fee
40 of up to fifty percent (50%) of the first one hundred thousand dollars
41 ($100,000) of the unpaid debt per account and up to thirty-five percent
42 (35%) of the unpaid debt over one hundred thousand dollars ($100,000) per
43 account is reasonable. Any fee agreement entered into by a public agency
44 is presumptively reasonable.
45 (2) (a) No debt may be assigned to a collection agency unless there has
46 been a reasonable attempt to advise the debtor of the debt and at least
47 thirty (30) days have elapsed from the time such notice was attempted. The
48 public agency shall maintain a record of all attempts to notify the debtor
49 of the existence of the debt.
50 (b) As used in this subsection, "reasonable attempt" means that the pub-
51 lic agency has notified the debtor, either by mail, electronic transac-
52 tion, telephone or in person, of the existence of the debt and that the
53 public agency is attempting to collect the debt and any information
54 obtained will be used for that purpose. Within ten (10) days of such ini-
3
1 tial communication, the public agency shall send a written notice to the
2 debtor stating:
3 (i) The amount of the debt;
4 (ii) That the debt will be assumed to be valid unless the debtor
5 disputes the validity of the debt within thirty (30) days;
6 (iii) That if the debt is disputed, the public agency will send a
7 copy of the verification of the debt to the debtor; and
8 (iv) That the public agency may employ a debt collection agency to
9 collect a debt, which may result in additional costs to the debtor if
10 the debtor fails to pay the debt.
11 (3) Collection agencies acting pursuant to this section shall have only
12 those remedies and powers which are available to them under chapter 22, title
13 26, Idaho Code.
14 (4) For purposes of this section, the term "debt" shall include all
15 debts, including the fee required under subsection (1)(b) of this section,
16 except as otherwise provided by law.
17 SECTION 3. An emergency existing therefor, which emergency is hereby
18 declared to exist, this act shall be in full force and effect on and after its
19 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Goedde
Seconded by Compton
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1108
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 6, following "action" insert: "in
3 the small claims department of the magistrate's division pursuant to the pro-
4 visions of chapter 23, title 1, Idaho Code,".
5 AMENDMENTS TO SECTION 2
6 On page 2, in line 39, following "but" insert: "in no case shall"; in line
7 40, delete "of up to" and insert: "exceed"; in line 41, delete "and up to" and
8 insert: "or"; delete lines 43 and 44 and insert: "account."; in line 54,
9 delete "Within ten (10) days of such ini-"; on page 3, delete lines 1 and 2
10 and insert: "At least one (1) notice sent pursuant to this subsection shall be
11 in writing and shall state:"; and delete lines 4 through 7 and insert:
12 "(ii) That unless the debtor, within thirty (30) days after receipt
13 of notice, disputes the validity of the debt, or any portion thereof,
14 the debt will be assumed to be valid by the public agency;
15 (iii) That if the debtor notifies the public agency in writing within
16 the thirty (30) day period that the debt, or any portion thereof, is
17 disputed, the public agency will obtain verification of the debt and
18 a copy of such verification will be mailed to the consumer by the
19 public agency; and".
20 CORRECTION TO TITLE
21 On page 1, in line 3, following "ACTIONS" insert: "IN THE SMALL CLAIMS
22 DEPARTMENT OF THE MAGISTRATE'S DIVISION".
Moved by Goedde
Seconded by Gannon
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1108, As Amended
23 AMENDMENTS TO SECTION 2
24 On page 2 of the engrossed bill, delete lines 43 through 46 and insert: "a
25 contingent fee exceed thirty-three percent (33%) of the unpaid debt per
26 account.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1108, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO COLLECTION OF PUBLIC DEBTS; AMENDING SECTION 20-607, IDAHO CODE,
3 TO PROVIDE THAT REPRESENTATIVES OF COUNTIES MAY FILE CIVIL ACTIONS IN THE
4 SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE'S DIVISION AND TO REVISE A TIME
5 LIMITATION; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF
6 A NEW SECTION 67-2358, IDAHO CODE, TO PROVIDE THAT PUBLIC AGENCIES MAY
7 RETAIN COLLECTION AGENCIES TO COLLECT PUBLIC DEBTS, TO PROVIDE FOR COLLEC-
8 TION FEES, TO REQUIRE NOTICE TO DEBTORS, TO LIMIT REMEDIES AND POWERS OF
9 COLLECTION AGENCIES AND TO CLARIFY THE TERM "DEBT"; AND DECLARING AN EMER-
10 GENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 20-607, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 20-607. PRISONER REIMBURSEMENT TO THE COUNTY. (1) The county sheriff
15 shall seek reimbursement for any expenses incurred by the county in relation
16 to the charge or charges for which a person was sentenced to a county jail as
17 follows:
18 (a) From each person who is or was a prisoner, not more than twenty-five
19 dollars ($25.00) per day for the expenses of maintaining that prisoner up
20 to a maximum of five hundred dollars ($500), whichever is less, for the
21 entire period of time the person was confined in the county jail, includ-
22 ing any period of pretrial detention;
23 (b) Any other expenses incurred by the county in order to collect pay-
24 ments under this section;
25 (c) In pursuing reimbursement under this section the county may investi-
26 gate the financial status of the person.
27 (d) The county where the person was sentenced shall charge the person a
28 daily maintenance cost according to paragraph (a) of this subsection and
29 shall seek reimbursement once the debt has been incurred.
30 (2) Before seeking any reimbursement under this section, the sheriff
31 shall develop a form to be used for determining the financial status of pris-
32 oners. The form shall provide for obtaining the age and marital status of the
33 prisoner, the number and ages of children of the prisoner, the number and ages
34 of other dependents, type and value of real estate, type and value of real and
35 personal property, type and value of investments, cash, bank accounts, pen-
36 sions, annuities, salary, wages and any other personal property of significant
37 cash value. The county shall use the form when investigating the financial
38 status of a prisoner and when seeking reimbursement.
39 (3) (a) A prisoner in a county jail shall provide accurate information
40 and cooperate with the county sheriff for purposes of satisfying subsec-
41 tion (2) of this section.
42 (b) A prisoner who willfully refuses to provide accurate information or
43 cooperate as provided in paragraph (a) of this subsection shall not
2
1 receive a reduction in his or her term under section 20-621, Idaho Code.
2 (4) At the request of the board of county commissioners, the sheriff of
3 the county shall forward to the board a list containing the name of each sen-
4 tenced prisoner, term of sentence and date of admission.
5 (5) (a) Within six one (61) months year of the release of a person as a
6 sentenced prisoner from any county jail, an attorney a representative for
7 that county may file a civil action in the small claims department of the
8 magistrate's division pursuant to the provisions of chapter 23, title 1,
9 Idaho Code, to seek reimbursement from that person for the cost of incar-
10 ceration. A civil action may be filed only after determining from the
11 financial status form, as required in subsection (2) of this section, that
12 sufficient assets are available to justify further recovery efforts and
13 that further action to collect the daily expense for maintaining the sen-
14 tenced person by the county will not cause the sentenced person or his
15 dependents to qualify for public assistance.
16 (b) A civil action brought under this section shall be instituted in the
17 name of the county in which the jail is located and shall state the dates
18 and places of sentence, the length of time set forth in the sentence, the
19 length of time actually served, and the amount or amounts due to the
20 county pursuant to this section.
21 (c) Before entering any order on behalf of the county against the defend-
22 ant, the court shall take into consideration any legal obligation of the
23 defendant to support a spouse, minor children, other dependents or provide
24 victim restitution and any moral obligation to support dependents to whom
25 the defendant is providing or has in fact provided support.
26 (6) The reimbursements secured under this section shall be credited to
27 the justice fund or current expense fund of the county to be available for
28 jail maintenance and operation purposes.
29 SECTION 2. That Chapter 23, Title 67, Idaho Code, be, and the same is
30 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
31 ignated as Section 67-2358, Idaho Code, and to read as follows:
32 67-2358. COLLECTION OF PUBLIC DEBTS -- FEES.
33 (1) (a) Public agencies, as defined in section 67-2327, Idaho Code, may
34 retain by written contract a collection agency that has a permit pursuant
35 to chapter 22, title 26, Idaho Code, for the purpose of collecting public
36 debts owed by any person, including any restitution that is being col-
37 lected on behalf of a crime victim.
38 (b) Any public agency using a collection agency as provided in this sec-
39 tion may add a reasonable fee, payable by the debtor, to the outstanding
40 debt for the collection agency fee incurred or to be incurred. The amount
41 to be paid for collection services shall be left to the agreement of the
42 public agency and its collection agency or agencies, but in no case shall
43 a contingent fee exceed fifty percent (50%) of the first one hundred thou-
44 sand dollars ($100,000) of the unpaid debt per account or thirty-five per-
45 cent (35%) of the unpaid debt over one hundred thousand dollars ($100,000)
46 per account.
47 (2) (a) No debt may be assigned to a collection agency unless there has
48 been a reasonable attempt to advise the debtor of the debt and at least
49 thirty (30) days have elapsed from the time such notice was attempted. The
50 public agency shall maintain a record of all attempts to notify the debtor
51 of the existence of the debt.
52 (b) As used in this subsection, "reasonable attempt" means that the pub-
53 lic agency has notified the debtor, either by mail, electronic transac-
54 tion, telephone or in person, of the existence of the debt and that the
3
1 public agency is attempting to collect the debt and any information
2 obtained will be used for that purpose. At least one (1) notice sent pur-
3 suant to this subsection shall be in writing and shall state:
4 (i) The amount of the debt;
5 (ii) That unless the debtor, within thirty (30) days after receipt
6 of notice, disputes the validity of the debt, or any portion thereof,
7 the debt will be assumed to be valid by the public agency;
8 (iii) That if the debtor notifies the public agency in writing within
9 the thirty (30) day period that the debt, or any portion thereof, is
10 disputed, the public agency will obtain verification of the debt and
11 a copy of such verification will be mailed to the consumer by the
12 public agency; and
13 (iv) That the public agency may employ a debt collection agency to
14 collect a debt, which may result in additional costs to the debtor if
15 the debtor fails to pay the debt.
16 (3) Collection agencies acting pursuant to this section shall have only
17 those remedies and powers which are available to them under chapter 22, title
18 26, Idaho Code.
19 (4) For purposes of this section, the term "debt" shall include all
20 debts, including the fee required under subsection (1)(b) of this section,
21 except as otherwise provided by law.
22 SECTION 3. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval.
IN THE SENATE
SENATE BILL NO. 1108, As Amended, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
25 AN ACT
26 RELATING TO COLLECTION OF PUBLIC DEBTS; AMENDING SECTION 20-607, IDAHO CODE,
27 TO PROVIDE THAT REPRESENTATIVES OF COUNTIES MAY FILE CIVIL ACTIONS IN THE
28 SMALL CLAIMS DEPARTMENT OF THE MAGISTRATE'S DIVISION AND TO REVISE A TIME
29 LIMITATION; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF
30 A NEW SECTION 67-2358, IDAHO CODE, TO PROVIDE THAT PUBLIC AGENCIES MAY
31 RETAIN COLLECTION AGENCIES TO COLLECT PUBLIC DEBTS, TO PROVIDE FOR COLLEC-
32 TION FEES, TO REQUIRE NOTICE TO DEBTORS, TO LIMIT REMEDIES AND POWERS OF
33 COLLECTION AGENCIES AND TO CLARIFY THE TERM "DEBT"; AND DECLARING AN EMER-
34 GENCY.
35 Be It Enacted by the Legislature of the State of Idaho:
36 SECTION 4. That Section 20-607, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 20-607. PRISONER REIMBURSEMENT TO THE COUNTY. (1) The county sheriff
39 shall seek reimbursement for any expenses incurred by the county in relation
40 to the charge or charges for which a person was sentenced to a county jail as
41 follows:
42 (a) From each person who is or was a prisoner, not more than twenty-five
43 dollars ($25.00) per day for the expenses of maintaining that prisoner up
44 to a maximum of five hundred dollars ($500), whichever is less, for the
45 entire period of time the person was confined in the county jail, includ-
46 ing any period of pretrial detention;
4
1 (b) Any other expenses incurred by the county in order to collect pay-
2 ments under this section;
3 (c) In pursuing reimbursement under this section the county may investi-
4 gate the financial status of the person.
5 (d) The county where the person was sentenced shall charge the person a
6 daily maintenance cost according to paragraph (a) of this subsection and
7 shall seek reimbursement once the debt has been incurred.
8 (2) Before seeking any reimbursement under this section, the sheriff
9 shall develop a form to be used for determining the financial status of pris-
10 oners. The form shall provide for obtaining the age and marital status of the
11 prisoner, the number and ages of children of the prisoner, the number and ages
12 of other dependents, type and value of real estate, type and value of real and
13 personal property, type and value of investments, cash, bank accounts, pen-
14 sions, annuities, salary, wages and any other personal property of significant
15 cash value. The county shall use the form when investigating the financial
16 status of a prisoner and when seeking reimbursement.
17 (3) (a) A prisoner in a county jail shall provide accurate information
18 and cooperate with the county sheriff for purposes of satisfying subsec-
19 tion (2) of this section.
20 (b) A prisoner who willfully refuses to provide accurate information or
21 cooperate as provided in paragraph (a) of this subsection shall not
22 receive a reduction in his or her term under section 20-621, Idaho Code.
23 (4) At the request of the board of county commissioners, the sheriff of
24 the county shall forward to the board a list containing the name of each sen-
25 tenced prisoner, term of sentence and date of admission.
26 (5) (a) Within six one (61) months year of the release of a person as a
27 sentenced prisoner from any county jail, an attorney a representative for
28 that county may file a civil action in the small claims department of the
29 magistrate's division pursuant to the provisions of chapter 23, title 1,
30 Idaho Code, to seek reimbursement from that person for the cost of incar-
31 ceration. A civil action may be filed only after determining from the
32 financial status form, as required in subsection (2) of this section, that
33 sufficient assets are available to justify further recovery efforts and
34 that further action to collect the daily expense for maintaining the sen-
35 tenced person by the county will not cause the sentenced person or his
36 dependents to qualify for public assistance.
37 (b) A civil action brought under this section shall be instituted in the
38 name of the county in which the jail is located and shall state the dates
39 and places of sentence, the length of time set forth in the sentence, the
40 length of time actually served, and the amount or amounts due to the
41 county pursuant to this section.
42 (c) Before entering any order on behalf of the county against the defend-
43 ant, the court shall take into consideration any legal obligation of the
44 defendant to support a spouse, minor children, other dependents or provide
45 victim restitution and any moral obligation to support dependents to whom
46 the defendant is providing or has in fact provided support.
47 (6) The reimbursements secured under this section shall be credited to
48 the justice fund or current expense fund of the county to be available for
49 jail maintenance and operation purposes.
50 SECTION 5. That Chapter 23, Title 67, Idaho Code, be, and the same is
51 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
52 ignated as Section 67-2358, Idaho Code, and to read as follows:
53 67-2358. COLLECTION OF PUBLIC DEBTS -- FEES.
54 (1) (a) Public agencies, as defined in section 67-2327, Idaho Code, may
5
1 retain by written contract a collection agency that has a permit pursuant
2 to chapter 22, title 26, Idaho Code, for the purpose of collecting public
3 debts owed by any person, including any restitution that is being col-
4 lected on behalf of a crime victim.
5 (b) Any public agency using a collection agency as provided in this sec-
6 tion may add a reasonable fee, payable by the debtor, to the outstanding
7 debt for the collection agency fee incurred or to be incurred. The amount
8 to be paid for collection services shall be left to the agreement of the
9 public agency and its collection agency or agencies, but in no case shall
10 a contingent fee exceed thirty-three percent (33%) of the unpaid debt per
11 account.
12 (2) (a) No debt may be assigned to a collection agency unless there has
13 been a reasonable attempt to advise the debtor of the debt and at least
14 thirty (30) days have elapsed from the time such notice was attempted. The
15 public agency shall maintain a record of all attempts to notify the debtor
16 of the existence of the debt.
17 (b) As used in this subsection, "reasonable attempt" means that the pub-
18 lic agency has notified the debtor, either by mail, electronic transac-
19 tion, telephone or in person, of the existence of the debt and that the
20 public agency is attempting to collect the debt and any information
21 obtained will be used for that purpose. At least one (1) notice sent pur-
22 suant to this subsection shall be in writing and shall state:
23 (i) The amount of the debt;
24 (ii) That unless the debtor, within thirty (30) days after receipt
25 of notice, disputes the validity of the debt, or any portion thereof,
26 the debt will be assumed to be valid by the public agency;
27 (iii) That if the debtor notifies the public agency in writing within
28 the thirty (30) day period that the debt, or any portion thereof, is
29 disputed, the public agency will obtain verification of the debt and
30 a copy of such verification will be mailed to the consumer by the
31 public agency; and
32 (iv) That the public agency may employ a debt collection agency to
33 collect a debt, which may result in additional costs to the debtor if
34 the debtor fails to pay the debt.
35 (3) Collection agencies acting pursuant to this section shall have only
36 those remedies and powers which are available to them under chapter 22, title
37 26, Idaho Code.
38 (4) For purposes of this section, the term "debt" shall include all
39 debts, including the fee required under subsection (1)(b) of this section,
40 except as otherwise provided by law.
41 SECTION 6. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 12988
This bill amends the prisoner reimbursement statute to provide
that a representative of the county can initiate civil action and
extends the collection window from six months to one year. It
adds a new code section allowing public debt collection fees to
be in addition to the amount owing and sets provisions for
charging fees for collection. This legislation would allow the
state and local government entities to collect debt that may not
be currently collectable. Such debts may include ambulance
service fees, civil fines, solid waste services, prisoner
reimbursement where the inmate is not indigent, and other fees
charged by such entities.
FISCAL IMPACT
There is approximately eight to ten million dollars that may be
collectable by cities and counties.
Contact
Name: Senator John Goedde
Phone: 345-9129
Dan Chadwick, Tony Poinelli, Maggie Mahoney
STATEMENT OF PURPOSE/FISCAL NOTE S 1108