§ 3109. Sheriffs and collection agencies; contracts for the collection of taxes; the use of
bank or credit cards for the payment of delinquent taxes
(a) The Commissioner may contract with one or more sheriffs or constables for the collection
of taxes by the sheriff’s or constable’s performance of services authorized by law,
for compensation that may be in lieu of any statutory fees. The compensation terms
of such contracts shall be uniform throughout the State unless the Commissioner certifies
that differential terms are required because of unusual circumstances in a particular
case, and recites such circumstances in the contract. When contracting with the Commissioner
under this subsection, constables are authorized to avail themselves of all statutory
remedies available to sheriffs to collect taxes. Notwithstanding section 502 of this title, the Commissioner may charge against such collections an agreed-upon fixed rate or
percentage of collections.
(b) The Commissioner may also contract with private collection agencies for the collection
of taxes owed to the State by taxpayers. The Commissioner may agree to pay such agencies
a fixed rate for services rendered or a percentage of the amount actually collected
by such agencies and remitted to the Commissioner. Notwithstanding section 502 of this title, the Commissioner may charge against such collections an agreed-upon fixed rate or
percentage of collections.
(c) If the Commissioner determines that an employee of a private collection agency has
violated any provision of section 3102 of this title, such employee shall, in addition to any other sanctions under section 3102, be barred
from acting under any contract with the State and shall be incapable of acting as
an agent, employee, or public officer of the State for a period of five years thereafter.
(d) As used in this section, the word “taxes” shall include all tax liabilities, license
fees, interest, penalties, fees, and any other charges or amounts arising from any
tax liability owed to the State.
(e) As used in this section, the word “Commissioner” shall include the Commissioner of
Motor Vehicles. (Added 1983, No. 178 (Adj. Sess.), eff. April 20, 1984; amended 1985, No. 266 (Adj. Sess.), § 5, eff. June 4, 1986; 1987, No. 278 (Adj. Sess.), § 13, eff. June 21, 1988; 1991, No. 186 (Adj. Sess.), §§ 4, 6, eff. May 7, 1992; 1993, No. 60, §§ 24a, 24b eff. May 28, 1993; 1995, No. 63, §§ 24a, 24b, eff. May 4, 1995; 1995, No. 82 (Adj. Sess.), § 1, eff. Feb. 21, 1996; 2003, No. 109 (Adj. Sess.), § 14; 2021, No. 105 (Adj. Sess.), § 497, eff. July 1, 2022.)