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H0338.....................................................by WAYS AND MEANS COURTS - DEBTS OWED - Adds to existing law to provide for the set-off of certain state tax refunds and credits to be applied toward the payment of designated delinquent debts owed to the courts; to provide a procedure; to provide for priority of certain claims; to provide for a suspense account for the payment of amounts set off in error or for the refund of balances remaining after a debt to the court is satisfied; to provide for objections relating to joint returns; and to authorize rulemaking and agreements. 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 - 58-9-3 AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter(Bieter), Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Lake, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker NAYS -- Barrett, Crow, Kellogg, Kulczyk, McGeachin, McKague, Roberts, Sali, Wood Absent and excused -- Eberle, Field(18), Ring Floor Sponsor - Shirley 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 - 31-3-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, Marley, McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Burkett, Calabretta, Keough Absent and excused -- McWilliams Floor Sponsor - Richardson 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 288 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 338 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO DEBTS OWED TO THE COURTS; AMENDING CHAPTER 16, TITLE 1, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 1-1624, IDAHO CODE, TO PROVIDE FOR 4 THE SET-OFF OF CERTAIN STATE TAX REFUNDS AND CREDITS TO BE APPLIED TOWARD 5 THE PAYMENT OF DESIGNATED DELINQUENT DEBTS OWED TO THE COURTS, TO PROVIDE 6 A PROCEDURE, TO PROVIDE FOR PRIORITY OF CERTAIN CLAIMS, TO PROVIDE CERTAIN 7 CONDITIONS, TO PROVIDE FOR ADMINISTRATIVE WAIVERS OF SET-OFFS, TO PROVIDE 8 FOR REIMBURSEMENT OF REFUNDS SET-OFF IN ERROR, TO PROVIDE FOR A SUSPENSE 9 ACCOUNT FOR THE PAYMENT OF AMOUNTS SET-OFF IN ERROR OR FOR THE REFUND OF 10 BALANCES REMAINING AFTER A DEBT TO THE COURTS IS SATISFIED, TO PROVIDE FOR 11 WAIVERS OF THE RIGHT TO CONTEST A SET-OFF, TO PROVIDE FOR OBJECTIONS 12 RELATING TO JOINT RETURNS, TO PROVIDE FOR DEBTS THAT ARE NOT SATISFIED BY 13 REFUND SET-OFFS, TO PROVIDE FOR THE APPLICATION OF PROCEEDS FROM SET-OFFS 14 AND TO AUTHORIZE CERTAIN RULEMAKING AND AGREEMENTS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Chapter 16, Title 1, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 1-1624, Idaho Code, and to read as follows: 19 1-1624. SET-OFF PROCEDURE FOR DELINQUENT DEBTS OWED TO THE COURTS. (1) 20 The purpose of this legislation is to enable the Idaho supreme court, as the 21 supervisor of the unified and integrated judicial system of this state, to 22 apply for a set-off of state tax refunds and credits owing to a taxpayer in 23 payment of a delinquent debt owed by the taxpayer to the courts of this state. 24 It is the intent of the legislature that this set-off remedy be in addition to 25 and not in substitution of any other remedy or action provided for by law for 26 the collection of these amounts. 27 (2) The state tax commission shall withhold and set-off any income tax or 28 tax credit refund of any taxpayer, upon notification from the Idaho supreme 29 court, to collect any debt owed to the courts by the taxpayer which is delin- 30 quent. A remittance by the state tax commission to the court pursuant to this 31 section shall be deemed to be, to the extent of the remittance, a refund to 32 the taxpayer and any other person who has a claim to such refund, and the 33 state tax commission shall not be liable to any person because of a refund 34 that has been remitted under this section. 35 (3) A "debt owed to the courts" means any assessment of fines, court 36 costs, surcharges, penalties, fees, restitution, moneys expended in providing 37 counsel and other defense services to indigent defendants, or other charges 38 which a court judgment has ordered to be paid to the court or which a party 39 has agreed to pay in criminal or civil cases and includes any interest or pen- 40 alty on such unpaid amounts as provided for in the judgment or by law, except 41 this section does not apply to a debt owed to the courts which does not exceed 42 the sum of fifty dollars ($50.00). A debt owed to the courts is delinquent 43 when it is not paid according to the terms of the judgment or order or any 2 1 agreement entered into between the court and the taxpayer for the payment 2 thereof. 3 (4) Any claims for current or past-due child support presented under sec- 4 tion 56-203D, Idaho Code, or claims for set-off of income tax refunds against 5 any tax liability or overpayment of benefits owed to the state department of 6 labor pursuant to section 63-3077A, Idaho Code, shall take priority over any 7 claim for delinquent debt owed to the courts under this section. 8 (5) The set-off or withholding of a refund due a taxpayer shall be remit- 9 ted only after the following conditions have been met: 10 (a) A debt owed to the courts is delinquent. This section shall not be 11 used to satisfy any amount ordered by the court until the order or judg- 12 ment is final and the time for appealing the judgment or order has elapsed 13 without any further right on the part of the person owing the amount to 14 judicial review. 15 (b) All outstanding tax liabilities collectible by the state tax commis- 16 sion are satisfied. 17 (c) The supreme court shall forward to the state tax commission the full 18 name and social security number of the taxpayer. The tax commission shall 19 notify the supreme court of the amount of refund due the taxpayer and the 20 taxpayer's address on the income tax return. 21 (d) Upon remittance of any set-off or part thereof, the court shall cause 22 a written notice to be sent to the taxpayer whose refund is subject to the 23 set-off. Notice of the set-off shall be sent by United States mail to the 24 taxpayer at the address listed on the income tax return. Within twenty-one 25 (21) days after such notice has been mailed (not counting Saturday, Sunday 26 or a state holiday as the twenty-first day), the taxpayer may file a writ- 27 ten request for an administrative waiver of the set-off in accordance with 28 procedures established by the supreme court, which may impose reasonable 29 requirements concerning the information necessary to process the request 30 for an administrative waiver. No issues or claims previously decided in a 31 court order or judgment, or admitted or agreed to by the taxpayer, shall 32 be considered in connection with a request for an administrative waiver. 33 In the case of a refund that is set-off in error under this section, the 34 court shall reimburse the taxpayer. 35 (6) The supreme court shall create a suspense account to pay amounts that 36 are found to be set-off in error under the provisions of subsection (5)(d) of 37 this section or to refund any balance that remains after the debt to the 38 courts is satisfied. If no written request for an administrative waiver of the 39 set-off is made within twenty-one (21) days, such failure shall be deemed a 40 waiver of the right to contest the set-off and the amount of the set-off shall 41 be removed from the suspense account and shall be credited to the taxpayer's 42 debt to the courts. The court may waive the twenty-one (21) day time limit in 43 appropriate circumstances. 44 (7) When set-off is attempted on a joint return under the provisions of 45 this section, the taxpayer not specified to be the obligor in the judgment or 46 agreement creating the debt owed to the court may file a written objection 47 within the time limits specified in subsection (5)(d) of this section and the 48 set-off will be limited to one-half (1/2) of the joint refund. 49 (8) If the refund is insufficient to satisfy the entire debt owed to the 50 courts, the remainder of the debt may be collected as provided by law or sub- 51 mitted for set-off against subsequent refunds. 52 (9) The proceeds from the set-off shall be credited to the debt owing to 53 the courts and shall be distributed as provided by law. 54 (10) The state tax commission and the supreme court independently may 55 adopt rules governing its administration of this section and are authorized to 3 1 enter into a written agreement to implement and facilitate the provisions of 2 this section, including the method of making remittances of the amount which 3 has been set-off pursuant to this section.
STATEMENT OF PURPOSE RS 13118 Court records show that millions of dollars in fines, fees, surcharges and restitution are owed by those who have been convicted of or admitted to a state or local offense. In an effort to improve the collection of unpaid fines, fees, costs, restitution, and other amounts ordered by a court, other states, such as Arizona, have enacted a debt set-off program by which the courts notify the tax authority of any court ordered arrearages which are then satisfied from any tax refund due to the debtor, according to a priority set by statute. Idaho has a similar statutory procedure where the income tax refunds are applied to the taxpayer's child support obligation. (See Section 56-203D, Idaho Code). This bill authorizes the Idaho State Tax Commission upon application of the Supreme Court to apply any income tax refund owing to a taxpayer who is delinquent in the payment of fines, fees, court costs, victim restitution, and other amounts ordered by a court to satisfy the unpaid court obligation. The requirements for a set-off include the establishment of a procedure which allows a taxpayer to contest the set-off and receive a refund of amounts which have been diverted in error. Claims submitted by the Supreme Court for a set-off are secondary to claims against refunds for unpaid child support and claims presented to the State Tax Commission by the Department of Labor for employment taxes or overpayment of benefits. FISCAL IMPACT This bill is expected to measurably increase revenues that are apportioned to various state, county, or local funds. However, the amount of increased collections cannot accurately be estimated at this time. Contact Name: Rep. Mack Shirley Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 338