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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