Bill Text: OR HB2653 | 2011 | Regular Session | Engrossed

Oregon House Bill 2653 (Prior Session Legislation)

Bill Title: Relating to justice courts.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2653 Detail]

Download: Oregon-2011-HB2653-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1305

                           A-Engrossed

                         House Bill 2653
                  Ordered by the House April 28
            Including House Amendments dated April 28

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Consumer
  Protection and Government Accountability for Task Force on
  Effective and Cost-Efficient Service Provision)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Expands collection mechanisms that Collections Unit of
Department of Revenue may use to collect judgments in criminal
actions assigned to unit by justice courts.  { + Provides that
justice court assigning judgments to Collections Unit that will
be subject of expanded collection mechanisms must submit report
to Legislative Fiscal Office each fiscal year that describes
status of justice court's liquidated and delinquent accounts, and
efforts made by court to collect liquidated and delinquent
accounts during previous fiscal year. + }

                        A BILL FOR AN ACT
Relating to justice courts; amending ORS 156.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 156.315 is amended to read:
  156.315. (1) A justice court may assign a judgment in a
criminal action, as described in ORS 137.118 (1) to (5), to the
Collections Unit in the Department of Revenue for the following
purposes:
  (a) To determine whether refunds or other sums are owed to the
debtor by the department  { - ; - }  and
    { - (b) - }  to deduct the amount of the debt from any
refunds or other sums owed to the debtor by the department { + ;
and
  (b) To engage in any other collection activities authorized
under ORS 293.250 for judgments described in subsection (4) of
this section if the justice court complies with the requirements
of subsection (5) of this section + }.
  (2) If the Collections Unit determines that refunds or other
sums are owed to the debtor, the department shall deduct the
amount of the debt from any refunds or other sums owed to the
debtor by the department. After also deducting costs of its
actions under this section, the department shall remit the amount
deducted from refunds or other sums owed to the debtor to the
justice court that assigned the judgment.

  (3) A debtor whose account is assigned to the Department of
Revenue for setoff under this section is entitled to the notice
required by ORS 293.250 (3)(d) and to the opportunity for payment
in ORS 293.250 (3)(c).
   { +  (4) A justice court may assign a judgment in a criminal
action to the Collections Unit in the Department of Revenue for
the purpose of all collection activities authorized under ORS
293.250 if part of the judgment is payable to the State of
Oregon.
  (5) A justice court that assigns judgments to the Collections
Unit in the Department of Revenue pursuant to subsection (4) of
this section for the purpose of all collection activities
authorized under ORS 293.250 must submit a report to the
Legislative Fiscal Office not later than October 1 of each fiscal
year that describes the status of the justice court's liquidated
and delinquent accounts, and efforts made by the court to collect
liquidated and delinquent accounts during the previous fiscal
year. The report required under this subsection shall be in a
form prescribed by the Legislative Fiscal Office and shall
include, but not be limited to the:
  (a) Beginning balance and total number of all liquidated and
delinquent accounts of the court;
  (b) New liquidated and delinquent accounts added during the
last preceding fiscal year;
  (c) Total collections of liquidated and delinquent accounts;
  (d) Total amount and total number of liquidated and delinquent
accounts that have been written off;
  (e) Ending balance and total number of all liquidated and
delinquent accounts; and
  (f) Total amount of liquidated and delinquent accounts turned
over to private collection agencies, and the total amount
collected by those agencies.
  (6) The Legislative Fiscal Office shall produce an annual
report not later than December 31 of each fiscal year on the
status of liquidated and delinquent accounts of justice courts
that make reports under subsection (5) of this section. The
annual report shall be based on the reports submitted under
subsection (5) of this section. + }
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