South Carolina General Assembly
105th Session, 1983-1984

Bill 2487


                    Current Status

Bill Number:               2487
Ratification Number:       46
Act Number                 23
Introducing Body:          House
Subject:                   Delegate the collection of taxes in the
                           counties to banks or banking
           institutions
View additional legislative information at the LPITS web site.


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

(A23, R46, H2487)

AN ACT TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT OF PROPERTY TAXES, AND SECTION 12-45-70, RELATING TO COUNTY TREASURERS AND COLLECTION OF TAXES SO AS TO AUTHORIZE TREASURERS OR TAX COLLECTORS OF COUNTIES TO DELEGATE THE COLLECTION OF TAXES IN THE COUNTIES TO BANKS OR BANKING INSTITUTIONS, PROVIDED THAT EACH INSTITUTION PLEDGES TO THE COUNTY ADEQUATE FUNDS OR GOVERNMENT SECURITIES TO PROTECT AGAINST LOSS; TO PROVIDE THAT THE COUNTY OFFICIAL SHALL SEND A LIST OF THE INSTITUTIONS COLLECTING THE TAXES TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO PROVIDE THAT EACH INSTITUTION SHALL CERTIFY TO THE DEPARTMENT THAT THE TAXES HAVE BEEN PAID, AND TO AUTHORIZE THE DEPARTMENT TO ACCEPT CERTIFICATION IN LIEU OF THE TAX RECEIPT.

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

Delegation of the collection of taxes

SECTION 1. Section 12-37-2650 of the 1976 Code, as last amended by Act 432 of 1980, is further amended by adding the following paragraph:

"The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county isauthorized to delegate the collection of motor vehicle taxes to banks or banking institutions, provided that each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70 and Section 12-37-2650, shall contain the name and office of the treasurer or tax collector of the county and shall also show the name of the banking institution to which payment was made.

The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer provided that certification contains information required by this section."

Further

SECTION 2. Section 12-45-70 of the 1976 Code is amended by adding the following paragraph:

"The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county is authorized to delegate the collection of the property taxes to banks or banking institutions, provided that each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-37-2650, shall contain the name and office of the treasurer or tax collector of the county and shall also show the name of the banking institution to which payment was made.

The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer if that certification contains the information required in Section 12-37-2650."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.