Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 234 First Substitute (2020GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• expands accounts receivable subject to collection efforts of the Division of Finance to include an amount due as a result of a tax;
• authorizes a political subdivision to enter into an agreement with a local agency for submitting accounts receivable for collection by the Division of Finance;
• provides requirements for a political subdivision that enters into an agreement with a local agency for the collection of accounts receivable; and
• makes technical changes.

Every vote on this bill

Bill text

GOVERNMENT DEBT COLLECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Rex P. Shipp
LONG TITLE
General Description:
This bill addresses the collection of government entities' delinquent accounts receivable
by the Division of Finance.
Highlighted Provisions:
This bill:
▸ expands accounts receivable subject to collection efforts of the Division of Finance
to include an amount due as a result of a tax;
▸ authorizes a political subdivision to enter into an agreement with a local agency for
submitting accounts receivable for collection by the Division of Finance;
▸ provides requirements for a political subdivision that enters into an agreement with
a local agency for the collection of accounts receivable; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-3-301
, as last amended by Laws of Utah 2019, Chapter 84
63A-3-302
, as last amended by Laws of Utah 2019, Chapter 84
63A-3-307
, as last amended by Laws of Utah 2019, Chapter 84
63A-3-310
, as last amended by Laws of Utah 2019, Chapter 84
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-3-301
 is amended to read:
63A-3-301.
Definitions.
As used in this part:
(1) "Account receivable" or "receivable" means any amount due the state or any other
governmental entity within the state as a result of a judgment, citation, 
tax,
 or administrative
order, or for which materials or services have been provided but for which payment has not
been received by the servicing unit.
(2) "Debtor" means a party that owes, or is alleged to owe, an account receivable.
(3) "Division" means the Division of Finance, created in Section 
63A-3-101
.
(4) "Local agency" means a nonprofit entity organized by participating political
subdivisions to act on behalf of the participating political subdivisions with respect to the
office's efforts to collect accounts receivable of participating political subdivisions through
administrative offsets.
[
(3)
] 
(5)
 "Mail" means United States Postal Service first class mail to the intended
recipient's last known address.
(6) "Participating political subdivision" means a political subdivision that has entered
into an agreement with a local agency authorizing the local agency to act on behalf of the
political subdivision with respect to the office's efforts to collect accounts receivable of the
political subdivision through administrative offsets.
(7) "Political subdivision" means the same as that term is defined in Section
63G-7-102
.
Section 2. Section 
63A-3-302
 is amended to read:
63A-3-302.
Unpaid accounts receivable -- Political subdivision agreement with
local agency.
(1)
 If any account receivable at any point has been unpaid for 90 days or more, any
agency or other authority of the state, or any political subdivision[
, as defined in Section
63G-7-102
, of the state
] responsible for collection of the account may proceed under this part
to collect the delinquent amount.
(2) (a) A political subdivision may enter into an agreement with a local agency under
which the local agency, for a reasonable fee that the political subdivision and local agency
agree upon, prepares and submits the political subdivision's accounts receivable for collection
as provided in this part.
(b) Notwithstanding an agreement under Subsection (2)(a), a participating political
subdivision shall:
(i) establish an agreement with the division for submitting delinquent accounts
receivable under this part; and
(ii) with respect to the accounts receivable that the participating political subdivision
submits through a local agency for collection under this part:
(A) receive and respond to an administrative hearing requested under Section
63A-3-305
; and
(B) administer an adjudicative proceeding required under Section 
63A-3-306
.
Section 3. Section 
63A-3-307
 is amended to read:
63A-3-307.
Liens.
(1) The following shall constitute a lien in the amount of the receivable plus interest,
penalties, and collection costs allowed by law against any state income tax overpayment or
refund due or to become due the debtor:
(a) a judgment, citation, 
tax,
 or administrative order issued by any agency, court, or
other authority of the state, or by any political subdivision[
, as defined in Section 
63G-7-102
];
or
(b) an amount, that has at any point been unpaid for 90 days or more, due the state or
other governmental entity for which materials or services have been provided but for which
payment has not been received by the servicing unit.
(2) The lien created by this section shall, for the purposes of Section 
59-10-529
 only,
be considered a judgment.
Section 4. Section 
63A-3-310
 is amended to read:
63A-3-310.
Rules for implementing part.
The [
Division of Finance
] 
division
 may adopt rules for the implementation of this part,
including rules for the conduct of hearings, injured spouse claims, and appointment of hearing
examiners.