South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

H. 3117

STATUS INFORMATION

General Bill
Sponsors: Reps. Herbkersman and Pendarvis
Document Path: l:\council\bills\nbd\11102dg19.docx

Introduced in the House on January 8, 2019
Currently residing in the House Committee on Ways and Means

Summary: Overpayment collections

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2018  House   Prefiled
  12/18/2018  House   Referred to Committee on Ways and Means
    1/8/2019  House   Introduced and read first time (House Journal-page 94)
    1/8/2019  House   Referred to Committee on Ways and Means 
                        (House Journal-page 94)
   4/23/2019  House   Member(s) request name added as sponsor: Pendarvis

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/18/2018

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

A BILL

TO AMEND SECTION 41-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF CERTAIN OVERPAYMENTS, SO AS TO MAKE A CONFORMING CHANGE; TO REPEAL CHAPTER 56 OF TITLE 12 RELATING TO THE SETOFF DEBT COLLECTION ACT; AND TO REPEAL SECTION 12-4-580 RELATING TO THE DEPARTMENT OF REVENUE COLLECTING DEBTS ON BEHALF OF A GOVERNMENTAL ENTITY.

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

SECTION    1.    Chapter 56 of Title 12 of the 1976 Code is repealed.

SECTION    2.    Section 12-4-580 of the 1976 Code is repealed.

SECTION    3.    Section 41-41-40(A)(3) of the 1976 Code is amended to read:

"(3)    The department may attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section 12-56-10, et seq. If the overpayment is collectible in accordance with Section 12-56-60, the department shall add to the amount of the overpayment a collection fee of not more than fifty dollars for each collection attempt to defray administrative costs. Notwithstanding another provision of law, a final decision of the department or court establishing the character and amount of overpayment is final for all purposes and proceedings Reserved."

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

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This web page was last updated on April 23, 2019 at 12:32 PM