Bill Text: SC S0015 | 2023-2024 | 125th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hospital debt

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-01-10 - Referred to Committee on Finance [S0015 Detail]

Download: South_Carolina-2023-S0015-Introduced.html

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South Carolina General Assembly
125th Session, 2023-2024

Bill 15

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Indicates Matter Stricken
Indicates New Matter

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

A bill

to amend the South Carolina Code of Laws by adding Section 12-2-150 so as to PROHIBIT THE DEPARTMENT OF REVENUE FROM GARNISHING WAGES IN AN AMOUNT MORE THAN TEN PERCENT OF A PERSON’S COMPENSATION FOR A DELINQUENT DEBT TO A PUBLIC HOSPITAL; and by amending Section 12-54-130, relating to THE DEPARTMENT’S ABILITY TO GARNISH WAGES, so as to MAKE A CONFORMING CHANGE.

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

SECTION 1. Chapter 2, Title 12 of the S.C. Code is amended by adding:

Section 122150. Notwithstanding any other provision of law, neither the department, nor any of its authorized representatives, may garnish the wages of a person for a delinquent debt to a public hospital, including ambulance transportation thereto, in an amount more than ten percent of the compensation due or payable to the person for a pay period.

SECTION 2. Section 1254130 of the S.C. Code is amended to read:

Section 1254130. If any person liable to pay any tax neglects or refuses to pay the same within ten days after notice and demand, the department, or its authorized representatives, may serve the person’s employer with a notice to withhold, setting forth thereon the amount to be withheld and the applicable tax period. Subject to Section 122150, the employer shall upon service of the notice withhold twentyfive percent of the compensation due or payable to the person for each pay period until the full amount is withheld, after which the same must be remitted to the department. Should the employment of the person terminate, the employer shall withhold the full amount of compensation due the employee, not exceeding, the amount in the notice. The employer shall at that time remit the amount so withheld and give further notice to the department of the termination of the person’s employment.

SECTION 3. This act takes effect upon approval by the Governor.

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