HB18-1057

HB18-1057 - Disclosure Of Information For Asset Recovery

Passed/Signed into Law
Concerning the collection of debts, and, in connection therewith, allowing collection agents to add certain expenses to amounts due for collection.

The bill allows a private collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or to any political subdivision within the state, to add to the amount due that has been placed for collection all fees, costs, and costs of collection, including designated contractual attorney fees and costs that are awarded by a court of competent jurisdiction. Exclusive of the accrual of interest and court costs, any fees, costs, and costs of collection may not exceed 18% in the aggregate unless additional reasonable attorney fees are awarded by a court of competent jurisdiction.

Under current law, the department of personnel may add a collection fee to the amount of a debt's principal and accruing interest referred to the state controller except where other specific statutory authority, requirements under federal programs, or written agreement with the debtor provide otherwise. The collection fee may include a fee to recover the collection costs incurred by either the controller, private counsel, or private collection agencies, but in no case shall the aggregate fee for the controller or private collection agencies exceed 21%. The bill lowers this limit to 18%.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

 

Senate Committees

Latest update: May 29, 2018
05/29/2018 - Governor Signed
05/22/2018 - Sent to the Governor
05/22/2018 - Signed by the President of the Senate
05/22/2018 - Signed by the Speaker of the House
05/09/2018 - House Considered Senate Amendments - Result was to Concur - Repass
05/09/2018 - Senate Third Reading Passed - No Amendments
05/08/2018 - Senate Second Reading Special Order - Passed with Amendments - Committee
05/07/2018 - Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole
05/07/2018 - Introduced In Senate - Assigned to Finance
05/07/2018 - House Third Reading Passed with Amendments - Floor
05/04/2018 - House Second Reading Special Order - Passed with Amendments - Committee, Floor
05/01/2018 - House Second Reading Laid Over Daily - No Amendments
04/30/2018 - House Second Reading Laid Over to 05/01/2018 - No Amendments
04/25/2018 - House Second Reading Laid Over to 04/30/2018 - No Amendments
04/24/2018 - House Second Reading Laid Over to 04/26/2018 - No Amendments
04/23/2018 - House Committee on Appropriations Refer Amended to House Committee of the Whole
02/12/2018 - House Committee on Finance Refer Amended to Appropriations
02/08/2018 - House Committee on Judiciary Refer Amended to Finance
01/10/2018 - Introduced In House - Assigned to Judiciary