CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5956

                   Chapter 262, Laws of 1995

                        54th Legislature

                      1995 Regular Session

    COLLECTION OF COURT-ORDERED LEGAL FINANCIAL OBLIGATIONS

                    EFFECTIVE DATE:  7/23/95

Passed by the Senate April 19, 1995   YEAS 46   NAYS 0 JOEL PRITCHARD President of the Senate Passed by the House April 6, 1995   YEAS 97   NAYS 0

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5956 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives

MARTY BROWN                             Secretary

Approved May 5, 1995 Place Style On Codes above, and Style Off Codes below.

FILED                        May 5, 1995 - 10:32 a.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 5956

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1995 Regular Session

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 enumerated in RCW 9.94A.030 that are ordered pursuant to a felony or misdemeanor conviction.  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.

    Passed the Senate April 19, 1995.

    Passed the House April 6, 1995.

Approved by the Governor May 5, 1995.

    Filed in Office of Secretary of State May 5, 1995.