Louisiana House Bill HB741

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 5/14/12
• Engrossed: 5/21/12
• Report Pass: 5/29/12
• Enrolled: 6/1/12
• Chaptered: 6/5/12
• Passed: 6/5/12

Caption

Provides with respect to collection policy and procedure used by all state agencies (EN SEE FISC NOTE GF RV See Note)

Impact

The law directly impacts the state's financial management practices, specifically how delinquent debts are handled within various state agencies. By permitting the commissioner to manage the sale or securitization of these accounts, the bill may lead to improved liquidity for state operations. However, it also sets a precedent for debt management that could shift the responsibility for revenue collection from traditional methods to more financial instruments. This change is intended to reduce the backlog of uncollected debts and provide more accurate reporting on state revenues.

Summary

House Bill 741 introduces a structured approach to managing long-term delinquent accounts receivable owed to the state of Louisiana. This bill, enacted into law, allows for the sale or securitization of these debts, enabling state agencies to streamline their collection processes. Specifically, the bill allows the commissioner of administration, upon approval by the Cash Management Review Board, to manage these debts in pools and to report results to the Joint Legislative Committee on the Budget. This legislative action aims to enhance the state's ability to recoup lost revenue from outstanding debts.

Sentiment

The sentiment surrounding HB 741 appears to be largely positive, with legislative discussions focusing on its potential to enhance state revenue without heavily impacting taxpayers. Proponents of the bill argue that it offers practical solutions to longstanding issues with delinquent accounts while ensuring that potentially collectible debts are pursued. However, there may be concerns about how this shift to financial management will affect the perceived integrity of state-led collections, particularly in terms of consumer protections and the handling of debtors.

Contention

Notable points of contention regarding the bill include the opacity of the approval process for what debts can be excluded from securitization and how such shifts in policy might affect local jurisdictions. Critics argue that while it serves a purpose in enhancing collection efficiency, it may open the door to practices that prioritize revenue generation over fair treatment of debtors. Moreover, the sunlight provision requiring reports to the Joint Legislative Committee has been seen as a safeguard, yet concerns remain regarding the long-term implications of aggressive debt management strategies.