Bill Text: OR HB2252 | 2011 | Regular Session | Enrolled
Bill Title: Relating to uncollectible debts owed state agencies; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-02 - Chapter 223, (2011 Laws): Effective date June 2, 2011. [HB2252 Detail]
Download: Oregon-2011-HB2252-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2252
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Health Care for Secretary of State Kate Brown)
CHAPTER ................
AN ACT
Relating to uncollectible debts owed state agencies; creating new
provisions; amending ORS 293.240, 319.186, 319.746 and 825.509;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 293.240 is amended to read:
293.240. (1) If a state agency has made all reasonable efforts
to collect money owed to it, including money owed on a liquidated
and delinquent account that has been relinquished by a private
collection agency under ORS 293.231, and has determined that
{ - such - } { + the + } money and any interest or penalties
{ - therefor - } { + on the money + } are uncollectible,
{ + the agency may write off the debt on its accounts + }
{ - in accordance with criteria for uncollectibility formulated
by the agency and approved by the Secretary of State and the
Attorney General, which criteria shall include the right of
offset, the agency may certify to the Secretary of State the
amount of the money, interest and penalties, as accurately as can
be determined. The Secretary of State may require submission by
the agency of all relevant evidence and other information
regarding the debt and may examine such records of any other
state agency which may be pertinent in determining the
uncollectibility of the debt, unless such examination is
prohibited by specific provisions of law (except for the
secretary's duty to audit the state agency), including but not
limited to ORS 314.835 and 657.665 - } .
{ + (2) Before determining that money is uncollectible under
subsection (1) of this section, a state agency must adopt
criteria for determining when money is uncollectible. The
criteria must include the right of offset and must be approved by
the Attorney General. + }
{ - (2) If the Secretary of State finds that the debt is
uncollectible, in accordance with the criteria for
uncollectibility of money due to that state agency, the Secretary
of State shall direct the agency to write off the debt on its
accounts in a manner approved by the Secretary of State. - }
(3) This section does not apply to debts owed to a state agency
for which a procedure for compromise, release, discharge, waiver,
cancellation or other form of settlement { - thereof - }
{ + for the debt + } for reasons other than uncollectibility is
Enrolled House Bill 2252 (HB 2252-INTRO) Page 1
by law made specially applicable to { - such - } { + the + }
state agency.
SECTION 2. ORS 319.186 is amended to read:
319.186. (1) Any tax, interest or penalty due the state
assigned to a collection agency pursuant to ORS 319.184 that
remains uncollected for two years after the date of
{ - such - } { + the + } assignment meets the criteria for
uncollectibility formulated pursuant to ORS 293.240 { - , and
may be assigned to the Secretary of State - } .
(2) ORS 293.245 applies to any tax, interest or penalty due the
state { - assigned to the Secretary of State pursuant to - }
{ + and described in + } subsection (1) of this section.
SECTION 3. ORS 319.746 is amended to read:
319.746. (1) Any obligation due the state assigned to a
collection agency pursuant to ORS 319.744 that remains
uncollected for two years after the date of { - such - }
{ + the + } assignment meets the criteria for uncollectibility
formulated pursuant to ORS 293.240 { - , and may be assigned to
the Secretary of State - } .
(2) ORS 293.245 applies to any obligation due the state
{ - assigned to the Secretary of State pursuant to - }
{ + and described in + } subsection (1) of this section.
SECTION 4. ORS 825.509 is amended to read:
825.509. (1) Any fee, tax, penalty or money due the state
assigned to a collection agency pursuant to ORS 825.508 that
remains uncollected for two years after the date of
{ - such - } { + the + } assignment meets the criteria for
uncollectibility formulated pursuant to ORS 293.240 { - , and
may be assigned to the Secretary of State - } .
(2) ORS 293.245 applies to any fee, tax, penalty or money due
the state { - assigned to the Secretary of State pursuant
to - } { + and described in + } subsection (1) of this section.
SECTION 5. { + The amendments to ORS 293.240, 319.186, 319.746
and 825.509 by sections 1 to 4 of this 2011 Act apply to debts
determined by a state agency to be uncollectible on or after the
effective date of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House March 1, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 19, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2252 (HB 2252-INTRO) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2252 (HB 2252-INTRO) Page 3
