HOUSE BILL REPORT

ESSB 5464

As Amended by the House

BYSenate Committee on Judiciary (originally sponsored by Senators Halsan and Nelson)

Authorizing district courts to collect fines through credit cards and collection agencies.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (13)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Moyer, Niemi, Padden, Schmidt, Scott, Wang and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Heavey and Patrick

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE APRIL 9, 1987

BACKGROUND:

Courts of limited jurisdiction may use collection agencies in an attempt to collect unpaid fines and forfeitures.  However, before a debt may be assigned to a collection agency, there must be an attempt to advise the debtor of the existence of the debt and that the debt may be assigned to a collection agency 30 days after notice is sent to the debtor.

SUMMARY:

Courts of limited jurisdiction may enter into agreements with collection agencies and attorneys to collect overdue penalties on infractions, criminal fines, costs, assessments, or forfeitures.  The agreements may specify remuneration for services.  The use of the services of a collection agency or an attorney is not an assignment of debt as long as the court retains control of the overdue amounts.  The term "debt" includes penalties on infractions, criminal fines, costs, assessments, or forfeitures imposed by the courts.

Courts of limited jurisdiction may use credit cards for billing and collecting paid an unpaid penalties, costs, assessments, fines, and forfeitures.

The court may assess as court costs any fees paid to others for collection services or for acceptance of credit cards.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Senator Stu Halsan; Kurt Sharar, Washington State Association of Counties; Janet McLane, Office for the Administrator for the Courts.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There is a substantial amount of money uncollected from fines, penalties, fees, and forfeitures.  Authorizing courts to accept credit cards and to use others to assist in collecting these unpaid amounts will help to pay for the judicial system.

House Committee - Testimony Against:      None Presented.