08 LC 18
7368
House
Bill 1390
By:
Representatives Peake of the
137th
and Scott of the
153rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia
Annotated, relating to setoff debt collection, so as to authorize a setoff of
certain debts owed to governing authorities of local government with respect to
ambulance fees and fees of emergency medical personnel dispatched pursuant to a
"911" emergency call; to change certain provisions relating to definitions; to
provide for procedures, conditions, and limitations; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating
to setoff debt collection, is amended in Code Section 48-7-161 relating to
definitions relative to the setoff of debt collection, by revising paragraph (1)
as follows:
"(1)
'Claimant agency' means and includes, in the order of priority set forth
below:
(A)
The Department of Human Resources with respect to collection of debts under
Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section
49-4-15;
(B)
The Georgia Student Finance Authority with respect to the collection of debts
arising under Part 3 of Article 7 of Chapter 3 of Title 20;
(C)
The Georgia Higher Education Assistance Corporation with respect to the
collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title
20;
(D)
The State Medical Education Board with respect to the collection of debts
arising under Part 6 of Article 7 of Chapter 3 of Title 20;
(E)
The Department of Labor with respect to the collection of debts arising under
Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with
the exception of Code Sections 34-8-158 through 34-8-161; provided, however,
that the Department of Labor establishes that the debtor has been afforded
required due process rights by such Department of Labor with respect to the debt
and all reasonable collection efforts have been exhausted;
(F)
The Department of Corrections with respect to probation fees arising under Code
Section 42-8-34 and restitution or reparation ordered by a court as a part of
the sentence imposed on a person convicted of a crime who is in the legal
custody of the department;
(G)
The State Board of Pardons and Paroles with respect to restitution imposed on a
person convicted of a crime and subject to the jurisdiction of the board;
and
(H)
The Department of Juvenile Justice with respect to restitution imposed on a
juvenile for a delinquent act which would constitute a crime if committed by an
adult;
and
(I)
Governing authorities of local government with respect to the collection of
ambulance fees and fees of emergency medical personnel dispatched pursuant to a
"911" emergency call; provided, however, that the governing authority
establishes that the debtor has been afforded required due process rights by the
governing authority with respect to the debt and all reasonable collection
efforts have been
exhausted."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"48-7-171.
(a)
Except as otherwise provided in this Code section, all procedures and
requirements of this article shall apply with respect to governing authorities
of local government with respect to the collection of ambulance fees and fees of
emergency medical personnel dispatched pursuant to a "911" emergency
call.
(b)
Such governing authorities may submit for collection under the procedure
established by this Code section all emergency response debts which they are
owed.
(c)
Such governing authorities, whenever possible, shall obtain the full name,
social security number, address, and any other identifying information, required
by regulations promulgated by the department for implementation of this Code
section, from any person for whom the governing authorities provide any such
emergency services and who the governing authorities can foresee may become a
debtor under the terms of this Code section.
(d)
A debtor who protests the debt shall file a written protest with the claimant
agency at the address provided in the governing authority´s notification of
intention to set off. The protest must be filed within 30 days of the date of
the notice of intention to set off and must contain the debtor´s name,
address, and tax identification number, identify the type of debt in dispute,
and give a detailed statement of all the reasons that support the protest. The
requirements of this subsection are jurisdictional.
(e)
To recover costs incurred by the department pursuant to this subsection, an
administrative fee, not to exceed $25.00, shall be added to the debt by the
governing authority.
(f)
Before submitting a debt to the department, the governing authority shall
appoint a hearing officer to hear a protest of a debtor. This hearing officer
is vested with the authority to decide a protest in favor of either the debtor
or the governing authority. The governing authority shall certify to the
department, on a form prescribed by the department, that a hearing officer has
been appointed and shall inform the department of the name, address, and
telephone number of the hearing officer. If this hearing officer is unable to
serve at any time, the governing authority shall appoint another hearing
officer.
(g)
Upon receipt of a notice of protest, the governing authority shall notify the
department that a protest has been received and shall hold an informal hearing
at which the debtor may present evidence, documents, and testimony to dispute
the debt. The governing authority shall notify the debtor of the date, time,
and location of the informal hearing. At the conclusion of the informal hearing
the officer shall render his or her determination. Upon receipt of a sworn
certification from the hearing officer that he or she held an informal hearing
and ruled in favor of the governing authority, the department may proceed to
collect the delinquent debt regardless of a subsequent appeal by the
debtor.
(h)
A debtor may seek relief from the hearing officer´s determination by
requesting, within 30 days of the determination, a contested case hearing
before an administrative law judge. A request for a hearing before an
administrative law judge must be made in accordance with the rules of said
judges.
(i)
If a portion of the delinquent debt is collected by the department and the
determination of the hearing officer in favor of the governing authority is
later reversed or the debtor prevails in a claim for refund, the governing
authority shall refund the appropriate amount to the taxpayer, including the
appropriate amount of the fee. That portion of the refund reflecting the
department´s fee must be paid from governing authority funds. If the
governing authority is found to be entitled to a portion of an amount collected
by set off, it is not required to refund the setoff fee retained by the
department.
(j)
If a refund is retained in error, the governing authority shall pay to the
taxpayer interest calculated as provided in Code Section 48-2-35 from the date
provided by law after which interest is paid on refunds until the appeal is
final.
(k)
If the governing authority determines that money has been erroneously or
illegally collected, the governing authority, in its discretion, may issue a
refund, even if the debtor does not file a protest or file a claim for
refund.
(l)
A collection may not be contested more than one year after the date it was made.
The date of collection must be conclusively determined by the department. This
provision shall be construed as a statute of repose and not as a statute of
limitation.
(m)
A debtor may make a claim for refund of an amount collected pursuant to this
Code section within one year from the date the amount is collected, in the same
manner as seeking relief from a hearing officer´s determination pursuant to
this Code section.
(n)
This Code section does not create a right to jury trial where one does not
already exist. When a debtor otherwise is entitled to have a jury determine the
issue of indebtedness, that right is preserved specifically. If a right to a
jury trial already exists and the debtor wishes to exercise that right, the
debtor is not required to request a contested case hearing before an
administrative law judge but instead must file in the appropriate superior court
and serve the pleadings on the governing authority within 30 days from the date
of the hearing officer´s determination. The complaint must name the
governing authority as a defendant and the allegations of the complaint must
contest the debt and any potential setoff.
(o)
Governing authorities shall indemnify the department against any injuries,
actions, liabilities, or proceedings arising from performance under the
provisions of this Code section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.