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Committee advances bill to raise garnishment disclosure fee from $25 to $40
Summary
Senator Jeff Barta and the North Dakota Bankers Association urged increasing the disclosure fee charged to garnishees, citing inflation and compliance costs; the committee recommended a due pass with recorded votes.
Senate Bill 23‑10, which would raise the statutory disclosure fee in garnishment proceedings from $25 to $40, received a favorable recommendation from the House Finance and Taxation Committee after supporters said the fee has not been adjusted since 2005.
Senator Jeff Barta, sponsor of the bill, said the banking industry brought the request forward to reflect inflation and the time involved in complying with garnishment summons. Rick Klayberg, president and CEO of the North Dakota Bankers Association, told the committee that complying with garnishment orders often requires repeated payroll withholdings, legal review and additional record keeping that exceed the current fee.
"Complying with the garnishment summons, in adherence with state and federal law and regulations requires considerable effort and resources far exceeding the compensation provided by the $25 fee," Klayberg testified, explaining the association’s support for an increase to $40.
Committee members debated whether state employers (Office of Management and Budget) should receive the increased fee and whether raising the fee would result in significant revenue for the state. Representative Steiner pressed the committee on whether it was appropriate for the state to collect additional revenue from the change. Supporters said the proposed increase reflects an inflationary adjustment and parity for private and public employers.
Representative Lisonbee moved a due‑pass recommendation; the motion was seconded and the committee recorded a roll call. The chair announced the motion carried with a recorded tally reported as 10 yes, 1 no, 3 not voting in the transcript. The sponsor later asked for a carrier to carry the bill to the floor.
The bill amends statutory sections cited in testimony (3209.105 and 3209.110 in the transcript) and carries a fiscal note because the state, when served as the employer, would also receive the increased fee. The committee closed the hearing after members debated the state’s share and logistical details.
