Provides relative to the types of debt the office of debt recovery is charged with collecting (RE SEE FISC NOTE SG RV See Note)
Impact
The implications of this bill on state law are significant, as it aims to standardize the procedures surrounding debt collection by limiting the referral processes of state agencies. By requiring that debts be classified and referred based on their status—whether they are final or non-final—agencies could spend less time on administrative processes and more effectively recover amounts owed. Moreover, the adjustments to the collection fee, capping it at 25% of the total amount owed, are intended to prevent exorbitant charges on debtors and create a more equitable framework for debt recovery practices.
Summary
House Bill 695 aims to amend Louisiana's debt recovery laws by providing clearer definitions and guidelines related to the collection of state debts. The bill specifically redefines various forms of debt, including 'delinquent debt' and 'final debt', focusing on the rights of debtors in challenging the validity of debts owed. In doing so, it seeks to streamline the processes for state agencies tasked with referring debts to the attorney general's office for collection, especially those debts that are not final and allow for further review rights by the debtors. This change is expected to enhance the debt recovery efforts of the state while protecting debtor rights.
Sentiment
Overall, the sentiment surrounding HB 695 appears to be generally favorable among those seeking to improve the efficiency of state debt collection. Supporters assert that the reforms outlined in the bill will alleviate burdens on both the state and its citizens by clarifying debt classifications and reducing fees. However, there are concerns regarding how these changes might impact the ability of debtors to contest debts, underscoring a need for balance between efficient debt recovery and the rights of individuals to challenge what they owe.
Contention
A notable point of contention in discussions surrounding HB 695 is the potential limitation it places on debtors’ rights to challenge debts categorized as 'final'. While supporters argue this aligns with the need for quicker resolutions in debt recovery, critics express concern that it may inhibit the ability of individuals to contest improperly assessed debts, thereby risking financial strain on those who could be wrongfully charged. This debate highlights the ongoing tension between efficient state revenue collection and the preservation of debtor protections.
Establishes the office of debt recovery at the Dept. of Revenue for the collection of delinquent debts owed to certain governmental entities (EN SEE FISC NOTE GF RV See Note)
Limits the fees assessed by the office of debt recovery on delinquent debt that originates from certain criminal fines, fees, and costs (OR DECREASE SG RV See Note)
Authorizes the office of debt recovery to utilize the offset of certain gaming winnings as a means to collect delinquent debt owed to state agencies (EN SEE FISC NOTE GF RV See Note)
Establishes the La. Debt Recovery Program at the Dept. of Revenue for the collection of delinquent debts owed to certain governmental entities (RE INCREASE SG EX See Note)
Relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts, the creation of the office of regional district attorney for each district, and the powers and duties of regional district attorneys.