Missouri 2023 Regular Session

Missouri Senate Bill SB389

Introduced
1/4/23  

Caption

Prohibits state agencies from collecting fees or penalties until all administrative remedies have been exhausted

Impact

The bill's impact on state laws is significant, as it introduces a requirement for state agencies to exhaust administrative remedies before initiating collection efforts. This change is expected to provide essential protections for individuals accused of owing money to state entities, thereby reducing the potential for unfair or aggressive collection tactics. By mandating that administrative challenges be resolved first, the bill fosters a more just process for those contesting fees or penalties they believe are unwarranted.

Summary

Senate Bill 389, introduced by Senator Hough, aims to amend chapter 536 of the Revised Statutes of Missouri by prohibiting state agencies from instituting actions for garnishment or collecting any administrative penalties, fees, or alleged overpayments until all administrative remedies have been exhausted. The bill emphasizes the importance of due process for individuals facing penalties or fees imposed by state agencies, ensuring that citizens have the opportunity to fully challenge these claims before any collection actions can be taken against them.

Sentiment

General sentiment surrounding SB 389 appears to be positive among advocates for due process and individual rights. Supporters argue that allowing citizens the chance to contest claims before facing collections is a crucial step towards ensuring fairness within the administrative enforcement of penalties. However, there could be concerns raised by some stakeholders about the potential burdens this may place on the state agencies tasked with managing collections, as the bill may delay the collection of owed funds.

Contention

Notable points of contention regarding SB 389 include the balance between protecting individual rights and maintaining effective enforcement of state regulations. While proponents argue that the bill is a necessary protection against potential misuse of administrative authority, critics may express concerns over the implications for state finances and agency efficiency. The challenge will be to find a middle ground that upholds citizens' rights while ensuring that state agencies can effectively manage their responsibilities.

Companion Bills

No companion bills found.

Previously Filed As

MO SB848

Prohibits state agencies from collecting fees or penalties until all administrative remedies have been exhausted

MO A5563

Prohibits imposition of civil penalties on State agencies by State agencies.

MO S3917

Prohibits imposition of civil penalties on State agencies by State agencies.

MO A831

Prohibits imposition of civil penalties on State agencies by State agencies.

MO S517

Prohibits imposition of civil penalties on State agencies by State agencies.

MO HB5061

Relating to prohibiting certain activities by contractors and vendors of state agencies; providing administrative penalties.

MO SB614

Public transportation agencies: administrative penalties.

MO SB365

Prohibits an attorney from contracting for or collecting certain fees. (BDR 1-1016)

MO SB1291

Relating to the collection, administration, and enforcement of state taxes and fees.

MO HB4005

Relating to the collection, administration, and enforcement of state taxes and fees.

Similar Bills

No similar bills found.