Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0715 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0715
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7	7	LC002280
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF REVENU E
16	16	Introduced By: Senators Britto, F. Lombardi, Lawson, Ciccone, DiPalma, and Tikoian
17	17	Date Introduced: March 22, 2023
18	18	Referred To: Senate Finance
19	19	(Dept. of Revenue)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 42-142-1, 42-142-2 and 42-142-8 of the General Laws in Chapter 1
23	23	42-142 entitled "Department of Revenue" are hereby amended to read as follows: 2
24	24	42-142-1. Department of revenue. 3
25	25	(a) There is hereby established within the executive branch of state government a 4
26	26	department of revenue. 5
27	27	(b) The head of the department shall be the director of revenue, who shall be appointed by 6
28	28	the governor, with the advice and consent of the senate, and shall serve at the pleasure of the 7
29	29	governor. 8
30	30	(c) The department shall contain the division of taxation (chapter 1 of title 44), the division 9
31	31	of motor vehicles (chapter 2 of title 31), the division of state lottery (chapter 61 of title 42), the 10
32	32	office of revenue analysis (chapter 142 of title 42), the division of municipal finance (chapter 142 11
33	33	of title 42), and a collection central collections unit (chapter 142 of title 42). Any reference to the 12
34	34	division of property valuation, division of property valuation and municipal finance, or office of 13
35	35	municipal affairs in the Rhode Island general laws shall mean the division of municipal finance. 14
36	36	42-142-2. Powers and duties of the department. 15
37	37	The department of revenue shall have the following powers and duties: 16
38	38	(a) To operate a division of taxation; 17
39	39	(b) To operate a division of motor vehicles; 18
40	40	(c) To operate a division of state lottery; 19
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44	44	(d) To operate an office of revenue analysis; 1
45	45	(e) To operate a division of property valuation; and 2
46	46	(f) To operate a collection central collections unit. 3
47	47	42-142-8. Collection unit Central collections unit. 4
48	48	(a) The director of the department of revenue is authorized to establish within the 5
49	49	department of revenue a collection central collections unit (the "CCU") for the purpose of assisting 6
50	50	state agencies, departments, boards, commissions, corporations, authorities, quasi-state agencies, 7
51	51	councils, the judicial branch, and other political subdivisions (referred to herein individually as a 8
52	52	"state agency" and collectively as "state agencies") in the collection of debts owed to the state. The 9
53	53	director of the department of revenue may enter into an agreement or memorandum of 10
54	54	understanding with any state agency(ies) agency to collect any delinquent debt owed to the state. 11
55	55	(b) The director of the department of revenue shall initially implement a pilot program to 12
56	56	assist the agency(ies) with the collection of delinquent debts owed to the state. 13
57	57	(c) The agency(ies) participating in the pilot program State agencies who enter into an 14
58	58	agreement or memorandum of understanding with the CCU shall refer to the collection unit within 15
59	59	the department of revenue, debts owed by delinquent debtors where the nature and amount of the 16
60	60	debt owed has been determined and reconciled by the state agency and the debt is: (i) The subject 17
61	61	of a written settlement agreement and/or written waiver agreement and the delinquent debtor has 18
62	62	failed to timely make payments under the agreement and/or waiver and is therefore in violation of 19
63	63	the terms of the agreement and/or waiver; (ii) The subject of a final administrative order, or 20
64	64	decision, invoice or statement and the debtor has exhausted or waived any available administrative 21
65	65	hearing process and has not timely appealed the order, or decision, invoice or statement; (iii) The 22
66	66	subject of final order, judgment, or decision of a court of competent jurisdiction and the debtor has 23
67	67	not timely appealed the order, judgment, or decision. The collection unit CCU shall not accept a 24
68	68	referral of any delinquent debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section. 25
69	69	(d) Any agency(ies) state agency entering into an agreement with the department of 26
70	70	revenue to allow the collection unit of the department CCU to collect a delinquent debt owed to the 27
71	71	state shall indemnify the department of revenue against injuries, actions, liabilities, or proceedings 28
72	72	arising from the collection, or attempted collection, by the collection unit CCU of the debt owed to 29
73	73	the state. 30
74	74	(e) Before referring a delinquent debt to the collection unit CCU, the agency(ies) state 31
75	75	agency must notify the debtor of its intention to submit refer the debt to the collection unit CCU 32
76	76	for collection and of the debtor’s right to appeal that decision not less than thirty (30) twenty (20) 33
77	77	days before the debt is submitted formally referred to the collection unit CCU. 34
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81	81	(f) At such time as the agency(ies) state agency refers a delinquent debt to the collection 1
82	82	unit CCU, the state agency shall: (i) Represent in writing to the collection unit CCU, upon the 2
83	83	referral form prescribed by the CCU, that it has complied with all applicable state and federal laws 3
84	84	and regulations relating to the collection of the debt, including, but not limited to, the requirement 4
85	85	to provide the debtor with the notice of referral to the collection unit CCU under subsection (e) of 5
86	86	this section; and (ii) Provide the collection unit CCU personnel with all relevant supporting 6
87	87	documentation including, but not limited to, notices, invoices, ledgers, correspondence, emails, 7
88	88	agreements, waivers, decisions, orders, and judgments necessary for the collection unit CCU to 8
89	89	attempt to collect the delinquent debt. 9
90	90	(g) The referring agency(ies) state agency shall assist the collection unit CCU by providing 10
91	91	any and all information, expertise, and resources deemed necessary by the collection unit CCU to 11
92	92	collect the delinquent debts referred to the collection unit CCU. 12
93	93	(h) Upon receipt of a referral of a delinquent debt from an agency(ies) a state agency, the 13
94	94	amount of the delinquent debt shall accrue interest at the annual rate of interest established by law 14
95	95	for the referring state agency or at an annual rate of 13%, whichever percentage rate is greater. 15
96	96	(i) Upon receipt of a referral of a delinquent debt from the agency(ies) a state agency, the 16
97	97	collection unit CCU shall provide the delinquent debtor with a “Notice of Referral” advising the 17
98	98	debtor that: 18
99	99	(1) The delinquent debt has been referred to the collection unit CCU for collection; and 19
100	100	(2) The collection unit CCU has the authority to initiate, in its names name, any action that 20
101	101	is available under state law for the collection of the delinquent debt, including, but not limited to, 21
102	102	referring the debt to a third party to initiate said action. 22
103	103	(j) Upon receipt of a referral of a delinquent debt from an agency(ies) a state agency, the 23
104	104	director of the department of revenue, or designee, within the CCU shall have the authority to 24
105	105	institute, in its name, any action(s) that are available under state law for collection of the delinquent 25
106	106	debt and interest, penalties, and/or fees thereon and to, with or without suit, settle the delinquent 26
107	107	debt. 27
108	108	(k) In exercising its authority under this section, the collection unit CCU shall comply with 28
109	109	all state and federal laws and regulations related to the collection of debts to the extent that they are 29
110	110	applicable and the CCU is not otherwise exempt from their application. 30
111	111	(l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment, 31
112	112	the collection unit CCU shall disburse/deposit the proceeds of the payment in the following order: 32
113	113	(1) To the appropriate federal account to reimburse the federal government funds owed to 33
114	114	them by the state from funds recovered; and 34
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118	118	(2) The balance of the amount collected to the referring state agency. 1
119	119	(m) Notwithstanding the above, the establishment of a collection unit within the department 2
120	120	of revenue the CCU shall be contingent upon an annual appropriation by the general assembly of 3
121	121	amounts necessary and sufficient to cover the costs and expenses to establish, maintain, and operate 4
122	122	the collection unit CCU including, but not limited to, computer hardware and software, 5
123	123	maintenance of the computer system to manage the system, and personnel to perform work within 6
124	124	the collection unit CCU. 7
125	125	(n) In addition to the implementation of any pilot program, the collection unit The CCU 8
126	126	shall comply with the provisions of this section in the collection of all delinquent debts under this 9
127	127	section. 10
128	128	(o) The department of revenue is authorized to promulgate rules and regulations as it deems 11
129	129	appropriate with respect to the collection unit CCU. 12
130	130	(p) By September 1, 2020, and each year thereafter, the department of revenue shall 13
131	131	specifically assess the performance, effectiveness, and revenue impact of the collections associated 14
132	132	with this section, including, but not limited to, the total amounts referred and collected by each 15
133	133	referring state agency during the previous state fiscal year to the governor, the speaker of the house 16
134	134	of representatives, the president of the senate, the chairpersons of the house and senate finance 17
135	135	committees, and the house and senate fiscal advisors. The report shall include the net revenue 18
136	136	impact to the state of the collection unit CCU. 19
137	137	(q) No operations of a collection unit CCU pursuant to this chapter shall be authorized after 20
138	138	June 30, 2033. 21
139	139	SECTION 2. This act shall take effect upon passage. 22
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146	146	EXPLANATION
147	147	BY THE LEGISLATIVE COUNCIL
148	148	OF
149	149	A N A C T
150	150	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF REVENU E
151	151	***
152	152	This act would make statutory amendments throughout several sections of the general laws 1
153	153	relating to the department of revenue changing the references of "collection unit" to "central 2
154	154	collections unit" (CCU). 3
155	155	This act would take effect upon passage. 4
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