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Legislative Year: 2021 Change

Bill Detail: SB21-055

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Title Collection Of State Debts
Status Governor Signed (03/21/2021)
Bill Subjects
  • State Government
House Sponsors K. Ransom (R)
J. McCluskie (D)
Senate Sponsors D. Moreno (D)
B. Rankin (R)
C. Hansen (D)
House Committee Appropriations
Senate Committee Appropriations
Date Introduced 02/16/2021

Joint Budget Committee. The bill repeals the central collection
services section (CSS) in the division of finance procurement in the
department of personnel, which section was the centralized collection
agency for state debts of many state agencies. Thereafter, all state
agencies will be responsible for collecting their own debts. Section 1 of
the bill modifies the collection of state debts by:

  • Repealing CSS and specifying that each state agency is
responsible for collecting debts owed to it;
  • Shifting rule-making responsibility related to debt
collection from the executive director of the department of
personnel to the state controller (controller);
  • Permitting a state agency to certify a debt to the department
of revenue, so that the department may deduct the debt
from a state tax refund or lottery winnings;
  • Permitting a state agency to certify a debt to the registry
operator under the Gaming Payment Intercept Act, so
that the registry operator may deduct the debt from limited
gaming winnings;
  • Permitting a state agency to refer a debt to a private counsel
or private collection agency;
  • Requiring the controller to include in the fiscal rules
requirements for a state agency to refer a debt to private
counsel or a private collection agency or to certify a debt to
the department of revenue;
  • Eliminating the ability of the state to collect a debt on
behalf of a political subdivision;
  • Repealing the requirement that there be written notice and
an opportunity for a hearing prior to a tax refund offset
being implemented;
  • Eliminating the controller and state treasurer's authority to
write off a debt due to the state, so that they only have
authority to release or compromise such a debt;
  • Transferring the balance in the debt collection fund to the
general fund and then repealing the fund;
  • Authorizing the controller to determine the priority of debts
for which amounts will be withheld from disbursements,
instead of requiring a pro rata distribution, which cannot be
done with decentralized debt collection;
  • Repealing the vendor offset implementation fund, which
currently has no balance;
  • Repealing the requirement that the controller establish
performance policies and standards for measuring a state
agency's debt collection;
  • Repealing the controller's debt collection fee;
  • Requiring the controller, without consultation of others, to
select the private counsel or private collection agencies,
instead of the executive director of the department of
personnel with consultation of others;
  • Eliminating specification for applying a court-ordered
award that is insufficient to cover a state debt, so that such
disposition is left to the court order;
  • Repealing a written notice to debtors that specifies the
amount of the debt, including the itemization of any fees,
and the name of the creditor to whom the debt is owed; and
  • Repealing the authority for the department of personnel to
enter into a reciprocal agreement with the United States
government or another state to offset debts.
Sections 2 to 16 make conforming amendments related to the
changes in section 1 of the bill.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (10/07/2021) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
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