S-1197.1  _______________________________________________

                         SENATE BILL 5956

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Rasmussen, Strannigan, Rinehart, Hargrove, Smith, Schow, Prentice, Hochstatter, Wojahn, Haugen, Sheldon, Gaspard, Deccio, Spanel, Morton, Pelz, Franklin, Bauer, Kohl, Sutherland, Palmer, McDonald, Wood, A. Anderson, Owen, McAuliffe, Fraser, Long, West, Oke and Winsley

Read first time 02/16/95.  Referred to Committee on Law & Justice.

Collecting unpaid court obligations.

    AN ACT Relating to collection of unpaid court-ordered legal financial obligations; and amending RCW 36.18.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 36.18.190 and 1994 c 185 s 9 are each amended to read as follows:

    Superior court clerks may contract with collection agencies under chapter 19.16 RCW or may use county collection services for the collection of unpaid ((court)) court-ordered legal financial obligations as defined under RCW 9.94A.030.  The costs for the agencies or county services shall be paid by the debtor.  The superior court may, at sentencing or at any time within ten years, assess as court costs the moneys paid for remuneration for services or charges paid to collection agencies or for collection services.  Collection may not be initiated with respect to a criminal offender who is under the supervision of the department of corrections without the prior agreement of the department.  Superior court clerks are encouraged to initiate collection action with respect to a criminal offender who is under the supervision of the department of corrections, with the department's approval.

    Any contract with a collection agency shall be awarded only after competitive bidding.  Factors that a court clerk shall consider in awarding a collection contract include but are not limited to:  (1) A collection agency's history and reputation in the community; and (2) the agency's access to a local data base that may increase the efficiency of its collections.  Contracts may specify the scope of work, remuneration for services, and other charges deemed appropriate.

    The servicing of an unpaid court obligation does not constitute assignment of a debt, and no contract with a collection agency may remove the court's control over unpaid obligations owed to the court.

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