Current Status Introducing Body:
HouseBill Number: 4790Ratification Number: 495Primary Sponsor: KirshType of Legislation: GBSubject: Setoff debt collection, regular or certified mail noticeDate Bill Passed both Bodies: May 20, 1992Computer Document Number: CYY/19174.SDGovernor's Action: VDate of Governor's Action: Jun 02, 1992Introduced Date: Apr 28, 1992Last History Body: HouseLast History Date: Jun 04, 1992Last History Type: Veto sustainedAction on Governor's Veto: SScope of Legislation: StatewideAll Sponsors: KirshType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4790 House Jun 04, 1992 Veto sustained 4790 ------ Jun 02, 1992 Vetoed by Governor 4790 ------ May 27, 1992 Ratified R 495 4790 Senate May 20, 1992 Read third time, enrolled for ratification 4790 Senate May 19, 1992 Read second time, notice of general amendments 4790 Senate May 14, 1992 Recalled from Committee 06 4790 Senate May 07, 1992 Introduced, read first time, 06 referred to Committee 4790 House May 07, 1992 Read third time, sent to Senate 4790 House May 06, 1992 Read second time 4790 House Apr 28, 1992 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
AN ACT TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Regular mail for notices authorized
SECTION 1. Section 12-54-460(A) of the 1976 Code, as last amended by Act 168 of 1991, is further amended to read:
"(A) A claimant agency seeking to attempt collection of a delinquent debt through setoff shall notify the commission in writing and supply information the commission determines necessary to identify the debtor whose refund is sought to be set off. A request for setoff may be made only after the claimant agency has notified the debtor of its intention to cause the debtor's refund to be set off. This notice must be given in person, left at the dwelling or usual place of business of the debtor, or sent by certified, registered, or regular mail to the debtor's last known address no less than thirty days before the claimant agency's request to the commission. The notice must include a statement which sets forth administrative appeal procedures available to the debtor and alternatives available to the debtor which could prevent setoff. The claimant agency promptly shall notify the debtor when the liability out of which the setoff arises is satisfied. Notification to the commission and the furnishing of identifying information must occur on or before a date specified by the commission in the year preceding the calendar year during which the refund would be paid. Additionally, subject to the notification deadline specified above, the notification is effective only to initiate setoff for claims against refunds that would be made in the calendar year subsequent to the year in which notification is made to the commission."
SECTION 2. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
President of the Senate
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
Printer's Date -- May 28, 1992 -- S.