2003 Legislation
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HOUSE BILL NO. 337 – Court debt, credit card/debit card


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                       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

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.

Name:     Rep. Dick Harwood
Phone:    (208) 332-1000