South Carolina General Assembly
113th Session, 1999-2000

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Bill 526


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      526
Ratification Number:              120
Act Number:                       73
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990223
Primary Sponsor:                  Land
All Sponsors:                     Land, McGill, Saleeby, Hayes, Moore, 
                                  Rankin, Gregory, Peeler
Drafted Document Number:          l:\council\bills\kgh\15329htc99.doc
Companion Bill Number:            3294
Date Bill Passed both Bodies:     19990601
Date of Last Amendment:           19990526
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Employment Security Commission, warrants 
                                  of execution for default payments, collection; 
                                  Unemployment Trust Fund


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A73
------  19990611  Signed by Governor
------  19990609  Ratified R120
Senate  19990601  Concurred in House amendment, 
                  enrolled for ratification
House   19990527  Read third time, returned to Senate
                  with amendment
House   19990526  Amended, read second time
House   19990520  Committee report: Favorable with       26 HLCI
                  amendment
House   19990406  Introduced, read first time,           26 HLCI
                  referred to Committee
Senate  19990331  Read third time, sent to House
Senate  19990330  Read second time
Senate  19990330  Committee amendment adopted
Senate  19990325  Committee report: Favorable with       12 SLCI
                  amendment
Senate  19990223  Introduced, read first time,           12 SLCI
                  referred to Committee


                             Versions of This Bill
Revised on March 25, 1999 - Word format
Revised on March 30, 1999 - Word format
Revised on May 20, 1999 - Word format
Revised on May 26, 1999 - Word format

View additional legislative information at the LPITS web site.


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

(A73, R120, S526)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-33-45 SO AS TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO REPORT ANNUALLY TO THE SENATE FINANCE COMMITTEE AND THE HOUSE WAYS AND MEANS COMMITTEE ON THE STATUS OF THE UNEMPLOYMENT TRUST FUND; TO AMEND SECTIONS 41-31-390, AS AMENDED, AND 41-31-400, BOTH RELATING TO WARRANTS OF EXECUTION FOR THE COLLECTION OF DEFAULT PAYMENTS OWED TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO LEVY UPON THE PROPERTY SECURING THE WARRANT FOR NONPAYMENT OF CONTRIBUTIONS, INTEREST, PENALTIES, ASSESSMENTS, AND COSTS AND TO CONTRACT WITH A COLLECTION AGENCY OR THE DEPARTMENT OF REVENUE FOR THE PURPOSE OF COLLECTING DELINQUENT PAYMENTS, TO REQUIRE THE COMMISSION TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT IN THE COUNTIES IN WHICH THE DELINQUENT EMPLOYER DOES BUSINESS, TO PROVIDE THAT THE POWERS CONFERRED UPON THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES ARE CONFERRED UPON THE COMMISSION, MUTATIS MUTANDIS, FOR THE COLLECTION OF DELINQUENT PAYMENTS OWED TO THE COMMISSION, AND TO REQUIRE THE COMMISSION TO PROMULGATE REGULATIONS FOR THE ENFORCEMENT OF THESE PROVISIONS.

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

Collection of contributions in default

SECTION 1. Section 41-31-390 of the 1976 Code, as last amended by Act 300 of 1994, is further amended to read:

"Section 41-31-390. (A) If an employer defaults in any payment of contributions, interest, penalties, or employment security administrative contingency assessments, the commission shall notify the employer of the amount of contributions, interest, penalties, or employment security administrative contingency assessments due. If the amount is not paid within ten days after notice to the employer, the commission shall issue a warrant of execution, directed to its authorized representative, commanding the representative to levy upon and sell the real and personal property of the employer found within that county for the payment of the amount, with interest, the cost of executing the warrant, and any reasonable costs incurred in collecting these amounts, to return the warrant to the commission and to pay it the money collected.

(B) The commission may contract with a collection agency or the Department of Revenue for the purpose of collecting delinquent payments of contributions, interest, penalties, employment security administrative contingency assessments, and any other reasonable costs authorized by subsection (A).

(C) The commission shall promulgate regulations to effectuate the provisions of this section."

Execution

SECTION 2. Section 41-31-400 of the 1976 Code is amended to read:

"Section 41-31-400. (A) The commission or its authorized representative shall file with the clerk of court of the county or counties of the State in which the employer does business a copy of the execution, and thereupon the clerk of court shall enter in his abstract of judgments the name of the employer mentioned in the warrant and in the proper columns the amount of the contributions, interest, penalties, and employment security administrative contingency assessments and costs for which the warrant is issued and the date and hour when the copy is filed and shall index the warrant upon the index of judgments. The commission or its authorized representative shall proceed upon the warrant in all respects and with like effect and in the same manner prescribed by law in respect to executions issued against property upon judgments of a court of record and is entitled to the same fees for service in executing the warrant to be collected in the same manner.

(B) The powers now or hereafter conferred upon the Department of Revenue by Title 12 for the collection of unpaid income taxes are incorporated herein by reference and are conferred upon the commission and its authorized representative for the collection of unpaid contributions, interest, penalties, and employment security administrative assessments and costs, mutatis mutandis.

(C) The commission shall promulgate regulations to effectuate the provisions of this section."

Report on fund status

SECTION 3. The 1976 Code is amended by adding:

"Section 41-33-45. The commission shall report, by October first of each year, to the Senate Finance Committee and to the House Ways and Means Committee the amount in the unemployment trust fund and make an assessment of its funding level."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.

__________


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