South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

A46, R66, S323

STATUS INFORMATION

General Bill
Sponsors: Senator Alexander
Document Path: l:\council\bills\nbd\11087dg19.docx

Introduced in the Senate on January 8, 2019
Introduced in the House on February 20, 2019
Last Amended on February 7, 2019
Passed by the General Assembly on May 9, 2019
Governor's Action: May 16, 2019, Signed

Summary: DOR; allow DOR to submit certain information to a financial institution regarding a debtor that has been named on a warrant for distraint

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/8/2019  Senate  Introduced and read first time (Senate Journal-page 183)
    1/8/2019  Senate  Referred to Committee on Finance 
                        (Senate Journal-page 183)
    2/5/2019  Senate  Committee report: Favorable with amendment Finance 
                        (Senate Journal-page 14)
    2/7/2019  Senate  Committee Amendment Adopted (Senate Journal-page 12)
   2/14/2019  Senate  Read second time (Senate Journal-page 11)
   2/14/2019  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 11)
   2/19/2019  Senate  Read third time and sent to House 
                        (Senate Journal-page 16)
   2/20/2019  House   Introduced and read first time (House Journal-page 6)
   2/20/2019  House   Referred to Committee on Ways and Means 
                        (House Journal-page 6)
    5/2/2019  House   Committee report: Favorable Ways and Means 
                        (House Journal-page 12)
    5/8/2019  House   Read second time (House Journal-page 118)
    5/8/2019  House   Roll call Yeas-98  Nays-1 (House Journal-page 119)
    5/9/2019  House   Read third time and enrolled (House Journal-page 132)
   5/13/2019          Ratified R  66
   5/16/2019          Signed By Governor
   5/31/2019          Effective date  05/16/19
    6/5/2019          Act No.  46

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/8/2019
2/5/2019
2/7/2019
5/2/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A46, R66, S323)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-265 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO SUBMIT CERTAIN INFORMATION TO A FINANCIAL INSTITUTION REGARDING A DEBTOR THAT HAS BEEN NAMED ON A WARRANT FOR DISTRAINT, AND TO REQUIRE THE FINANCIAL INSTITUTION PROVIDE CERTAIN INFORMATION TO THE DEPARTMENT.

Be it enacted by the General Assembly of the State of South Carolina:

Information on debtor named on a warrant for distraint

SECTION 1. Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-265. (A) Notwithstanding any other provision of law, the department may submit to a financial institution, as defined in Section 63-17-2310(A)(2), information that identifies a debtor named on a warrant for distraint that has been issued and filed by the department or whose debt has been submitted to the department for collection under the provisions of Section 12-4-580. For purposes of debts named on warrants for distraint, the debt must be at least one hundred eighty days old from the date of assessment. The department may submit the information to the financial institution on a quarterly basis or, with the agreement of the financial institution, on a more frequent basis. A financial institution that receives the information must conduct a data match. The financial institution must then provide to the department, in a manner and form prescribed by the department, information concerning the debtor for purposes of collecting outstanding debts. The information provided to the department must include, but is not limited to, the information required pursuant to Section 63-17-2320(A). The financial institution must be paid a reasonable fee out of the collected funds not to exceed actual cost.
(B) Notwithstanding any other provision of law, a financial institution is not liable to a person for disclosure of information to the department, its designee, or the department's or its designee's employees pursuant to subsection (A) or for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of subsection (A)."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2019.

Approved the 16th day of May, 2019.

__________

(A46, R66, S323)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-265 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO SUBMIT CERTAIN INFORMATION TO A FINANCIAL INSTITUTION REGARDING A DEBTOR THAT HAS BEEN NAMED ON A WARRANT FOR DISTRAINT, AND TO REQUIRE THE FINANCIAL INSTITUTION PROVIDE CERTAIN INFORMATION TO THE DEPARTMENT.

Be it enacted by the General Assembly of the State of South Carolina:

Information on debtor named on a warrant for distraint

SECTION    1.    Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-265.    (A)    Notwithstanding any other provision of law, the department may submit to a financial institution, as defined in Section 63-17-2310(A)(2), information that identifies a debtor named on a warrant for distraint that has been issued and filed by the department or whose debt has been submitted to the department for collection under the provisions of Section 12-4-580. For purposes of debts named on warrants for distraint, the debt must be at least one hundred eighty days old from the date of assessment. The department may submit the information to the financial institution on a quarterly basis or, with the agreement of the financial institution, on a more frequent basis. A financial institution that receives the information must conduct a data match. The financial institution must then provide to the department, in a manner and form prescribed by the department, information concerning the debtor for purposes of collecting outstanding debts. The information provided to the department must include, but is not limited to, the information required pursuant to Section 63-17-2320(A). The financial institution must be paid a reasonable fee out of the collected funds not to exceed actual cost.

(B)    Notwithstanding any other provision of law, a financial institution is not liable to a person for disclosure of information to the department, its designee, or the department's or its designee's employees pursuant to subsection (A) or for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of subsection (A)."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2019.

Approved the 16th day of May, 2019.

__________


This web page was last updated on June 20, 2019 at 3:56 PM