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More Information on the Federal Tax Offset Bill

Tax Intercept Legislation

Heading into summer, we see congressional representatives visiting their homes states and districts for the traditional summer recess. This is an opportune time to educate them on the benefits of our court fee intercept legislation (H.R. 1416 and S. 755) and ask them to cosponsor our legislation.

We continue to work to increase co-sponsors to this important legislation. We are asking that you contact your Congressman/Senator and them to join Representatives Paulsen/DeFazio and Senators Wyden/Sessions in cosponsoring H.R. 1416 and S. 755. We have an important task in getting as many co-sponsors on the bill as possible. Representatives and Senators show their support by "co-sponsoring" a bill. When an elected official co-sponsors a bill, their name is added to the bill as a public declaration of support.

Steps to Secure Co-Sponsors:

1. Identify your Representative/Senator;
2. Contact your Representative/Senator by letter and fax and/or by telephone;
3. Ask your Member of Congress to co-sponsor H.R. 1416/S. 755;
4. Explain how this bill will help state courts.

As of this writing, the following co-sponsors have been recorded: HOUSE (30) - Bachus (AL), Benishk (MI), Bilbray (CA), Blumenauer (OR), Brown (FL), Chandler (KY), Courtney (CT), DeFazio (OR), Ellison (MN), Hartzler (MO), Holden (PA), Honda (CA), Hultgren (IL), Kline (MN), Larson (CT), Latham (IA), LaTourette (OH), Long, (MO), McCollum (MN), Michaud (ME), Poe (TX), Quayle (AZ), Rahall (WV), Schrader (OR), Sires (NJ), Stivers (OH), Upton (MI), Walden (OR), Walz (MN), and Wu (OR). SENATE (17) - Bingaman (NM), Blunt (MO), Boozman (AR), Boxer (CA), Cardin (MD), Collins (ME), Coons (DE), Feinstein (CA), Graham (SC), Kerry (MA), Klobuchar (MN), McCaskill (MO), Mikulski (MD), Murray (WA), Sessions (AL), Thune (SD), and Udall (CO).

If you have questions about communicating with your congressional representatives, please contact José Dimas at (202) 684-2645 or jdimas@ncsc.org. (Dimas)

Senate Bill 755 - Federal Tax Offset Bill

Senate Bill 755, an important tool for the court collections process is making its way through Congress again this session.

Among other things, this bill would allow judicial agencies to intercept federal tax refunds from defendants who are non compliant with judicial orders to pay fines, fees, or restitution.

The text of the bill can be found here: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=112_cong_bills&docid=f:s755is.txt.pdf

Summary data, sponsors, and co-sponsors are found here: http://www.govtrack.us/congress/bill.xpd?bill=s112-755

If one of your Senators is a co-sponsor or is on the Finance Committee (members are found here: http://www.govtrack.us/congress/committee.xpd?id=SSFI) - please contact them to ask for support.

Thanks for a GREAT conference....

In case you missed it - the NGCA just hosted a fabulous conference in The Woodlands, Texas. I've never missed one, and thank goodness. The emerging field of governmental collections is gathering steam. At each conference, subject matter experts from across the nation are telling us what works. Can't wait to learn more in September. This is a "can't miss" experience. GREAT JOB, NGCA!

Senate Bill 3989 (Federal Tax Offset for Judicial Fines and Fees

New Mexico Supreme Court Chief Justice, Charles W. Daniels, today sent a letter to New Mexico Senators Bingaman and Udall, urging them to do whatever they could to assure passage of Senate Bill 3989 (Federal Tax Offset for Judicial Fines and Fees).

Here is what the letter said:

"I am writing to ask for your help with the passage of Senate Bill 3989, which I understand is currently before the Senate Finance Committee.  For the past several years, this legislation has been introduced but has not made it to the President.  

The bill is a good one and should not be controversial.  It would amend the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due and legally enforceable state judicial debt, to pay the debt from any tax refund due to the person.  This legislation will help the New Mexico judiciary enforce court orders against non-compliant parties.    New Mexico House Joint Memorial 73, passed by both houses of the New Mexico State Legislature at the regular session of 2009, requested that Congress enact this legislation.

During this time of financial challenges to government agencies and to the taxpayers who ultimately fund their operations, it is even more vitally important that agencies must pursue collection of lawful fines and fees.  Fines collected from defendants support general fund revenues..  Court costs and fees collected by defendants convicted in the magistrate court system support brain injury services, DWI and domestic violence prevention, traffic safety, corrections, judicial education, and other important programs.

The New Mexico judiciary currently uses a similar state tax intercept system that collects $150,000 per fiscal year.  The ability to collect pursuant to the proposed federal legislation will substantially enhance our ability to collect monies due and to distribute them to agencies that are lawfully entitled to these funds to maintain necessary services for the people of New Mexico.

Thank you for your support on this legislation and for all of your work on behalf of our state and our nation."

Federal Court Fee Intercept Bill - Update 11.30.10

Wanted to let you know that the court fee intercept bill was introduced late yesterday by Senator Wyden (D-OR) (S. 3989). The introduction of this bill was a bipartisan success as Senator Wyden was joined by Sens. Sessions (R-AL), McCaskill (D-MO) and Thune (R-SD).  I am attaching Sen. Wyden’s statement in the Congressional Record on this bill. Thomas does not have the bill up yet, but I may have a version of the draft that Sen. Wyden’s staff shared with us prior to introduction.  Let me know if you’d like a copy of that.

 

Sen. Wyden’s staff is trying to attach the bill to last minute tax legislation that could emerge in the lame duck session.  They have asked us to reach out to members of the Finance Committee to express support for S. 3989.  Also, to reach out to any other Senator that could be influential in getting this bill attached to moving legislation.  I don’t need to remind you of the short window we have in getting this bill through before adjournment.  I’ll keep you posted of any progress on this front. 



update provided by Jose Dimas - ncsc



judicial software

Do you have software dedicated to just judicial collections or is it used overall in your governmental entity.