AN ACT

 

1Amending the act of October 15, 1980 (P.L.950, No.164), entitled
2"A supplement to the act of April 9, 1929 (P.L.177, No.175),
3entitled "An act providing for and reorganizing the conduct
4of the executive and administrative work of the Commonwealth
5by the Executive Department thereof and the administrative
6departments, boards, commissions, and officers thereof,
7including the boards of trustees of State Normal Schools, or
8Teachers Colleges; abolishing, creating, reorganizing or
9authorizing the reorganization of certain administrative
10departments, boards, and commissions; defining the powers and
11duties of the Governor and other executive and administrative
12officers, and of the several administrative departments,
13boards, commissions, and officers; fixing the salaries of the
14Governor, Lieutenant Governor, and certain other executive
15and administrative officers; providing for the appointment of
16certain administrative officers, and of all deputies and
17other assistants and employes in certain departments, boards,
18and commissions; and prescribing the manner in which the
19number and compensation of the deputies and all other
20assistants and employes of certain departments, boards and
21commissions shall be determined," implementing the addition
22of section 4.1 to Article IV of the Constitution of
23Pennsylvania; establishing the Office of Attorney General
24elected by the citizens and setting forth powers and duties
25of the Attorney General; creating an Office of General
26Counsel and providing for legal services for Commonwealth
27agencies; transferring, reorganizing or reconstituting
28certain boards, commissions and agencies; placing certain
29duties upon the courts and district attorneys; repealing
30certain acts and parts of acts and making appropriations,"
31further providing for legal advice and civil matters.

32The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. Section 204 of the act of October 15, 1980
3(P.L.950, No.164), known as the Commonwealth Attorneys Act, is
4amended by adding a subsection to read:

5Section 204. Legal advice and civil matters.

6* * *

7(c.1) Reimbursement for costs of collection.--

8(1) All reasonable costs of collection of debts, taxes
9and accounts due the Commonwealth incurred by the Attorney
10General must be paid before the liability is extinguished
11unless collection costs are discharged by operation of law.
12The costs of collection may be added to the amount of the
13liability and shall constitute a lien against the real or
14personal property of the person liable. The unpaid costs may
15be collected by the Attorney General, the political
16subdivision where the debt originated or a private collection
17agency.

18(2) Collection costs of the Office of Attorney General
19may not exceed 5% of the principal amount of the debt, taxes
20or accounts due to and collected by the Commonwealth.

21(3) Costs incurred by private collection agencies may
22not be included in the collection costs of the Office of
23Attorney General.

24(4) Moneys collected pursuant to this subsection shall
25only be used for the operating expenses of debt collection
26efforts by the Office of Attorney General.

27(5) For purposes of this subsection, costs of collection
28shall include only the following:

29(i) Lien filing costs.

30(ii) Remuneration to the Attorney General to collect

1debts, taxes and accounts due to and collected by the
2Commonwealth.

3(iii) Remuneration to a private collection agency
4authorized by the Attorney General to collect debts,
5taxes and accounts due the Commonwealth.

6* * *

7Section 2. This act shall take effect in 60 days.