DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 695 Original 2016 Regular Session Broadwater
Abstract: Provides relative to the types of debt the office of debt recovery, within the Dept. of
Revenue, is charged with collecting.
Present law charges the office of debt recovery (hereinafter "office") and the attorney general's office
with collecting the delinquent debts of state agencies which refer delinquent debts to them for
collection. Further provides for the general powers and authority of the office in collecting
delinquent debt that has become final and is 60 or more days past due.
Present law requires agencies that do not have collection contracts with the attorney general's office
for the collection of delinquent debts to refer all delinquent debts to the office for collection. Once
the debt becomes final, and prior to referral to the office, the agency shall notify the debtor that
failure to pay the debt in full within 60 days shall subject the debt to an additional collection fee as
provided for in this Section.
Proposed law retains present law but changes the debt that is required to be referred to the office
from final debt to delinquent debt.
Present law defines a "delinquent debt" as a final debt that is 60 days or more past due. Additionally,
defines "non-final delinquent debt" as any debt that an agency has notified a debtor that is owed but
the debt remains unpaid, due, or negotiable for a period of 60 days or more and the debt is not final
and the debtor has further administrative or judicial review rights to challenge the validity of the debt
or the amount owed.
Proposed law changes the definition of "delinquent debt" by removing references to the debt being
final. Further changes the definition of "non-final delinquent debt" by removing the references to
the debt being delinquent.
Present law requires all agencies to refer non-final delinquent debts to the attorney general's office
for collection when the debt has been delinquent for 60 days pursuant to the referral guidelines
established by the attorney general.
Proposed law repeals this present law requirement.
(Amends R.S. 47:1676(B)(4) and (7) and (C)(2)(a))