House of Representatives

SB 1034

superior court clerk; removing receivables

Sponsors: Senator Smith

X	Committee on Rules
X	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. SB 1034 allows the clerk to remove debts from the accounting system after meeting 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.

SB 1034 mirrors HB 2275, which passed the House of Representatives [59-ayes, 1-not voting].

---------- DOCUMENT FOOTER ---------

45th Legislature

First Regular Session 2 February 28, 2001

---------- DOCUMENT FOOTER ---------