Title 48, Chapter 5, Section 137
( 48-5-137)
(a) Tax collectors and tax commissioners, upon the written consent
of the sheriff of the county involved, may be ex officio sheriffs
insofar as to enable them to collect taxes due the state and county
by levy and sale under tax execution. Tax collectors or tax
commissioners acting as ex officio sheriffs as provided in this Code
section shall not be allowed to turn over any tax execution to the
sheriffs or to any other levying officials of this state except when
it becomes necessary for the purpose of enforcing the execution by
sending it to a county other than that in which the execution was
issued. Each tax collector or tax commissioner by virtue of his
office shall have full power and authority to levy all tax
executions issued by him as effectively as if done by the sheriffs
of the counties. (b) Each tax collector or tax commissioner when acting as an ex
officio sheriff shall have full power to bring property to sale for
the purpose of collecting taxes due the state and county.
Additionally, he shall have all the powers vested in sheriffs for
the advertisement of the property for sale, for the sale of the
property, and for the making and delivery of all due and proper
conveyances and bills of sale. All sales made by a tax collector or
tax commissioner acting as an ex officio sheriff shall be valid and
shall carry the title to property sold as fully and completely as if
made by the sheriff of the county. (c) All acts done and performed by tax collectors or tax
commissioners by virtue of this Code section shall be done in
conformity with the law in force governing the performance of the
act done. All advertisements of property to be sold by a tax
collector or tax commissioner acting as an ex officio sheriff, when
the advertisements are required by law to be published in a
newspaper, shall be published in the newspaper in which the
sheriff's advertisements are published. (d) In carrying out this Code section, tax collectors or tax
commissioners shall have the power and authority to appoint one or
more deputies with all the powers of the tax collectors or tax
commissioners while acting as ex officio sheriffs in the levy and
collection of taxes. Each deputy shall be required to give bond as
may be required by the tax collectors or tax commissioners under the
law. Each tax collector or tax commissioner shall be responsible for
the acts of the deputy or deputies in the same manner and to the
same degree as sheriffs are liable for the acts of their deputies. (e) This Code section is supplemental to and cumulative of any
general law of local application providing for tax collectors or tax
commissioners to be ex officio sheriffs for the purposes provided in
this Code section and is not in lieu of any such law to the extent
that any such law conflicts with this Code section. (f) With respect to a tax collector or tax commissioner or his
deputy acting pursuant to this Code section in the county in which
he holds office, the requirement of written consent of the sheriff
shall not apply in counties within the following population brackets
according to the United States decennial census of 1970 or any
future such census: (1) Not less than 300,000;
(2) Reserved. (3) Reserved. (4) Reserved. (5) Reserved. (g) Each tax collector or tax commissioner who is compensated on a
salary basis and who is authorized to act as an ex officio sheriff
under this Code section and whose office performs substantially all
of the duties of the sheriff with respect to tax executions shall be
entitled to a salary of $309.93 per month for his or her service as
ex officio sheriff. Such compensation shall be in addition to any
other compensation to which such tax commissioner or tax collector
is entitled. Such additional compensation shall not be paid to any
tax commissioner who is compensated solely by the fee system of
compensation; but such compensation shall be paid to any tax
commissioner who is compensated in part by fees and in part by a
salary. Such compensation shall be paid in equal monthly
installments from county funds. |