South Carolina Code of Laws — Title 12 (Taxation)

S.C. Code Ann. § 12-4-580

Authority allowing department to contract to collect outstanding liabilities

# (A)

The department and another governmental entity may contract to allow the department to collect an outstanding liability owed the governmental entity. In administering the provisions of those agreements, the department has all the rights and powers of collection provided pursuant to this title for the collection of taxes and all the rights and powers authorized the governmental entity to which the liability is owed.

# (B)

The department may charge and retain a reasonable fee for a collection effort made on behalf of a governmental entity. The amount of the fee must be negotiated between the governmental entity and the department. The debtor must be given full credit toward the satisfaction of the debt for the amount of the fee collected by the department pursuant to this section.

# (C)

Governmental entities that contract with the department pursuant to this section and those entities whose debts are submitted for collection through an association shall indemnify the department against injuries, actions, liabilities, or proceedings arising from the collection or attempted collection by the department of the liability owed to the governmental entity.

# (D)

As used in this section:

# (1)

"Governmental entity" means the State and a state agency, board, committee, department, or public institution of higher learning; all political subdivisions of the State; all federal agencies, boards, and commissions; and a federal, state, county, or local governmental or quasi-governmental entity. "Political subdivision" includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of a county or local governmental or quasi- governmental entity.

# (2)

"Liabilities owed the governmental entity" has the same meaning as a "delinquent debt" as defined in Section 12-56-20(4).

# (E)

The governmental entity shall notify the debtor of its intention to submit the liability to the department for collection and of the debtor's right to protest not less than thirty days before the liability is submitted to the department for collection. The notice, hearing, appeals, and other provisions contained in Section 12-56-50 through 12-56-120 apply to this section with additional language in the notice letter as specified by the department.

Last amended: 1996 Act No. 458, Part II, SECTION 59A; 1999 Act No. 93, SECTION 9; 2001 Act No. 89, SECTION 44, eff July 20, 2001; 2002 Act No. 363, SECTION 4C, eff July 1, 2002; 2003 Act No. 69, SECTION 3.KK.1, eff June 18, 2003.

Source: view the official text

In this chapter (39 sections)

Full table of contents →