05 LC 18
4334S
House
Bill 429 (COMMITTEE SUBSTITUTE)
By:
Representatives Smith of the
168th,
Rogers of the
26th,
Manning of the
32nd,
Coleman of the
144th,
and Graves of the
137th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating
to definitions relative to the setoff of debt collection, so as to authorize a
setoff of certain debts owed to public housing authorities; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-7-161 of the Official Code of Georgia Annotated, relating to
definitions relative to the setoff of debt collection, is amended by striking in
its entirety paragraph (1) and inserting in lieu thereof the
following:
"(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;
and
(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 and placed on probation by
the court if such person has absconded or ended probation in warrant
status;
and
(G)
Public housing
authorities with respect to the collection of debt related to occupying public
housing; provided, however, that the public housing authority establishes that
the debtor has been afforded required due process rights by the public housing
authority with respect to the debt and all reasonable collection efforts have
been exhausted. This subparagraph shall apply only to a debt owed by an
occupant of public housing who has moved from the
property."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.