HOUSE OF REPRESENTATIVES	H.B. NO.	1342
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DEBT COLLECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§28-    Civil recoveries fund. (a)  There is established in the state treasury the civil recoveries fund into which shall be deposited:

(1)        per cent of any moneys collected by the attorney general for any executive department, any executive agency, or the judiciary for a delinquent account turned over for collection pursuant to section 40-82.5(b); and

(2) Appropriations made by the legislature.

(b)  The civil recoveries fund shall be administered by the department of the attorney general and shall be used for expenditures relating to the collection of delinquent accounts of executive departments, executive agencies, or the judiciary, including expenditures for training or educational resources, all appropriate non-litigation collection methods, filing fees, and litigation costs.

(c)  The department of the attorney general shall submit a report to the legislature no later than September 1 of each year to provide an accounting of the receipts and expenditures of the fund."

     SECTION 2.  Section 40-82.5, Hawaii Revised Statutes, is amended to read as follows:

     "§40-82.5  Delinquent accounts, collection. (a)     Any state agency having an account due which is delinquent, may contract with a collection agency bonded under chapter 443B for collection of the delinquent account.  The chairperson or director of the agency may make an agreement with the agency regarding the amount to be retained by it for services.

(b)  Any executive department, any executive agency, or the judiciary, having an account due that is delinquent more than ninety days, may turn the delinquent account over to the attorney general for collection.  For all accounts successfully collected for an executive department, an executive agency, or the judiciary by the attorney general, the attorney general shall retain        per cent to be deposited into the civil recoveries fund in accordance with section 28-   (a)(1), and the remainder of the moneys collected shall be returned to the executive department, executive agency, or judiciary, to be deposited into the fund or expended for the purpose for which it was originally intended."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2030.

Report Title:

Attorney General; Collection of Delinquent Accounts

Description:

Authorizes any executive department, executive agency, or the Judiciary to turn over to the Attorney General for collection, delinquent accounts that are more than ninety days past due.  Deposits an unspecified percentage of the amounts collected into the Civil Recoveries Fund.  Effective July 1, 2030.  (HB1342 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.