House of Representatives

HB 2275

superior court clerk; removing receivables

Sponsors: Representatives Hershberger, Voss, Senator Richardson, et al.

DP	Committee on Counties & Municipalities
X	Committee on Retirement & Government Operations
	Caucus and COW
	As Passed the House

Allows the clerk of the superior court to remove debts from the clerk’s accounting system if outlined requirements are fulfilled.

History

Current law requires the clerk of the superior court to receive fees for various filings, applications, petitions, and paper copies. The clerk then transmits monthly to the county treasurer outlined monies, which the treasurer then distributes. Each month, the clerk has fees in the accounting system that remain unpaid, some of which have been unpaid for a number of years. HB 2275 would allow the clerk to remove debts after meeting all of the specified requirements.

Provisions

· Allows the superior court clerk to remove from the clerk’s accounts all or part of any debt owed to the clerk resulting from outlined fees if the clerk meets all of the following:

Ø bills the debtor at least four times;

Ø submits the debt to a collection agency and directs the clerk to wait one year while the agency attempts collection;

Ø reports the debt to a credit bureau;

Ø notifies the Department of Revenue of the debt;

Ø sends to county treasurer by certified mail a written report [including debtor’s name, amount owed, reason for proposed removal] of all the debts proposed to be removed;

Ø waits 30 days after the written report has been mailed and does not receive an objection from the county treasurer’s office.

HB 2275 passed the Counties & Municipalities Committee unamended.

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44th Legislature

Second Regular Session 2 January 23, 2001

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