Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 8-21-310 of the 1976 Code, as last amended by Act 269 of 2012, is further amended to read:
"Section 8-21-310.
Except as otherwise expressly provided, the
following fees and costs must be collected on a uniform basis in
each county by clerks of court and registers of deeds or county
treasurers as may be determined by the governing body of the
county:
(1)
for recording a deed to or a mortgage on real
estate, ten dollars; and an additional one dollar a page for any
deed or mortgage containing more than four pages; for entry of a
deed or mortgage that covers both real estate and personal
property in the indexes for both real and personal property
conveyances or mortgages, one dollar additional;
(2)
for recording a chattel mortgage, conditional sale
contract, lease or contract of sale of personal property, and
any other document required to be recorded under the Uniform
Commercial Code (Title 36), the fees provided in Title 36;
(3)
for recording an instrument which assigns,
transfers, or affects a single real estate mortgage or other
instrument affecting title to real property or lien for the
payment of money, unless it is part of the original instrument
when initially filed, six dollars; and if the instrument
assigns, transfers, or affects more than one real estate
mortgage, instrument, or lien, six dollars for each mortgage,
instrument, or lien assigned, transferred, or affected and
referred to in the instrument and an additional one dollar for
each page for any instrument exceeding one page;
(4)
for recording any lease, contract of sale, trust
indenture, or other document affecting title or possession of
real property not otherwise provided for in this section, ten
dollars, and an additional one dollar a page for a document
containing more than four pages;
(5)
for recording satisfaction on the record of a
mortgage of real estate or a chattel mortgage or other recorded
lien, and certifying the entry on the original or a copy, five
dollars;
(6)
for recording separate probates, affidavits, or
certificates which are not part of or attached to another
document to be recorded, ten dollars;
(7)
for recording a plat larger than eight and
one-half by fourteen inches, ten dollars; for plats of
"legal size" dimensions, or smaller, five dollars;
(8)
for recording decree of foreclosure or partition
of real property in mortgage book or deed book, the same fee as
for recording deed or mortgage of real estate;
(9)
for recording any other paper affecting title or
possession of real estate or personal property and required by
law to be recorded, except judicial records, ten dollars, and an
additional one dollar a page for a document containing more than
four pages;
(10)
for filing power of attorney, trustee
qualification, or other appointment, fifteen dollars, and an
additional one dollar a page for a document containing more than
four pages. However, upon presentation of a copy of deployment
orders to a combat zone by or on behalf of a member of the Armed
Forces of the United States, the filing fee for a power of
attorney for the person deployed is waived. In addition, the
filing fee for a revocation of power of attorney filed by or on
behalf of a member of the armed forces of the United States is
waived if the revocation is filed: (i) within three years from
the date of filing the power of attorney; and (ii) a copy of the
deployment orders to a combat zone is presented. For purposes of
this item, "combat zone" has the meaning provided in
Internal Revenue Service Publication 3 and includes service in a
qualified hazardous duty area;
(11)(a)
For filing first complaint or petition,
including application for a remedial and prerogative writ and
bond on attachment or other bond, in a civil action or
proceeding, in a court of record, one hundred dollars. There is
no further fee for filing an amended or supplemental complaint
or petition nor for filing any other paper in the same action or
proceeding. An original application for post conviction relief
may be filed without fee upon permission of the court to which
the application is addressed. There is no further fee for
entering and filing a verdict, judgment, final decree, or order
of dismissal, and enrolling a judgment thereon, for signing,
sealing, and issuance of execution, or for entering satisfaction
or partial satisfaction on a judgment:
(b) for
filing, recording, and indexing lis pendens when not accompanied
by summons and complaint, ten dollars;
(c) for
receiving and enrolling transcripts of judgment from
magistrate's courts and federal district courts, ten
dollars;
(d) for
filing and enrolling a judgment by confession, ten dollars;
(12)
no fee may be charged to a defendant or
respondent for filing an answer, return, or other papers in any
civil action or proceeding, in a court of record;
(13)
for taking and filing an order for bail
with or without bond, one dollar; with bond when surety must be
justified, ten dollars;
(14)
for taking and filing bond or security
costs, one dollar; with bond when surety must be justified, ten
dollars;
(15)
for filing or recording any commission of
notary public or other public office, license or permit to
practice any profession or trade, notice of formation or
dissolution of any partnership, five dollars;
(16)
for filing the charter of any public or
private corporation or association required by law to be
recorded, ten dollars, and an additional one dollar a page for
any such document containing more than four pages;
(17)
for issuing an official certificate under
seal of court not otherwise specified in this section, one
dollar;
(18)
for holding a hearing for condemnation
proceedings, twenty-five dollars a day;
(19)
for filing notice of discharge in
bankruptcy, fifteen dollars;
(20)
for filing and enrolling and satisfaction
of South Carolina and United States Government tax liens:
(a) for
filing and enrolling and satisfying executions or warrants for
distraint for the South Carolina Department of Employment and
Workforce, the South Carolina Department of Revenue, or any
other state agency, where costs of the executions or warrants
for distraint are chargeable to the persons against whom such
executions or warrants for distraint are issued, ten
dollars;
(b) for
filing and enrolling and satisfying any tax lien of any agency
of the United States Government, where the costs of the
executions are chargeable to the persons against whom such
executions are issued, ten dollars;
The clerk shall mark
"satisfied" upon receipt of the fees provided in this
item for any tax lien or warrant for distraint issued by any
agency of this State or of the United States upon receipt of a
certificate duly signed by an authorized officer of any agency
of this State or the United States to the effect that the
execution or warrant for distraint has been paid and
satisfied.
(21)
for filing and processing an order for the
Destruction of Arrest Records, thirty-five dollars, which fee
must be for each order regardless of the number of cases
contained in the order. The fee under the provisions of this
item does not apply to cases where the defendant is found not
guilty or where the underlying charge is dismissed or nol
prossed unless that dismissal or nol prosse is the result of
successful completion of a pretrial intervention program;
(22)
for filing, indexing, enrolling, and
entering a foreign judgment and an affidavit pursuant to Article
11, Chapter 35, Title 15 of the 1976 Code, one hundred
dollars.
(23)
for filing a notice of meter conservation
charge as permitted by Section 58-37-50, ten dollars.
(24)
for filing court documents by electronic
means from an integrated electronic filing (e-filing) system
owned and operated by the South Carolina Judicial Department in
an amount set by the Chief Justice of the South Carolina Supreme
Court and all fees must be remitted to the South Carolina
Judicial Department to be dedicated to the support of court
technology. (A)
Except as otherwise expressly provided, the clerks of
court and registers of deeds or county treasurers, as may be
determined by the governing body of the county, shall collect
the uniform filing fee of twenty-five dollars for the following
documents:
(1)
a deed;
(2)
a mortgage;
(3)
a land sale installment contract or contract for
deed;
(4)
a real estate sales contract;
(5)
any document required to be recorded pursuant to
the Uniform Commercial Code;
(6)
a plat or survey not part of or attached to
another document to be recorded;
(7)
an order for partition of real estate;
(8)
a lease;
(9)
an easement agreement or other document
affecting title or possession of real property not otherwise
provided for in this section;
(10)
a power of attorney or other appointment.
However, upon presentation of a copy of deployment orders to a
combat zone by or on behalf of a member of the armed forces of
the United States, the filing fee for a power of attorney for
the person deployed is waived. In addition, the filing fee for a
revocation of power of attorney filed by or on behalf of a
member of the armed forces of the United States is waived if the
revocation is filed within three years from the date of filing
the power of attorney and a copy of the deployment orders to a
combat zone is presented. For purposes of this item, 'combat
zone' has the meaning provided in Internal Revenue Service
Publication 3 and includes service in a qualified hazardous duty
area; or
(11)
any other document affecting title or possession
of real estate and required by law to be recorded, except
judicial records.
(B)
Except as otherwise expressly provided, the clerks of
court and register of deeds or county treasurers, as may be
determined by the governing body of the county, shall collect
the uniform filing fee of ten dollars for the following
documents or actions:
(1)
an assignment which transfers or affects a real
estate mortgage or other instrument affecting title to real
property or lien for the payment of money, even if it is part of
the original instrument when initially filed;
(2)
separate probates, acknowledgements, affidavits
or certificates which are not part of or attached to another
document to be recorded;
(3)
a mortgage satisfaction or release including a
partial release including entry in the public record;
(4)
a mortgage subordination agreement or lien
subordination agreement;
(5)
taking and filing bond or security costs;
(6)
filing a notice of meter conservation charge as
permitted by Section 58-37-50.
(7)
for filing, enrolling, satisfaction or
expungement of South Carolina and United States Government
liens. The clerk shall mark 'satisfied' upon receipt of the
fees provided in this item for any lien or warrant for distraint
issued by any agency of this State or of the United States upon
receipt of a certificate duly signed by an authorized officer of
any agency of this State or of the United States to the effect
that the lien or warrant of distraint has been paid;
(8)
filing or recording any commission of a notary
public or other public office, license or permit to practice any
profession or trade required to be filed in the county where the
individual permanently resides;
(9)
filing the charter of any public or private
corporation or association required by law to be recorded;
(10)
filing or recording dissolution of any
partnership or corporate document required to be filed in the
county;
(11)
filing and enrolling a judgment by
confession;
(12)
taking and filing an order for bail with or
without bond;
(13)
issuing an official certificate under seal of
court;
(14)
filing notice of discharge in bankruptcy;
(15)
filing a trustee qualification, memorandum of
trust, or certification of trust; or
(16) revocation
of power of attorney.
(C)
Except as otherwise expressly provided, the clerks of
court or county treasurers, as may be determined by the
governing body of the county, shall collect the following fees
or take the following actions:
(1)
filing first complaint or petition, including
application for a remedial and prerogative writ and bond in a
civil action or proceeding, one hundred dollars plus the added
fee of fifty dollars imposed by Section 14-1-204 (B)(1);
(2)
filing, indexing, enrolling, and entering a
foreign judgment and an affidavit pursuant to Article 11,
Chapter 35, Title 15, one hundred dollars;
(3)
filing court documents by electronic means from
an integrated electronic filing (e-filing) system owned and
operated by the South Carolina Judicial Department in an amount
set by the Chief Justice of the South Carolina Supreme Court and
all fees must be remitted to the South Carolina Judicial
Department to be dedicated to the support of court
technology;
(4)
filing and processing an order for the
Destruction of Arrest Records which fee must be for each order
regardless of the number of cases contained in the order. The
fee under the provisions of this item does not apply to cases
where the defendant is found not guilty or where the underlying
charge is dismissed or nol prossed unless that dismissal or nol
prosse is the result of successful completion of a pretrial
intervention program, thirty-five dollars;
(5)
receiving and enrolling transcripts of judgment
from magistrates courts and federal district courts, thirty-five
dollars;
(6)
no fee may be charged to a defendant or
respondent for filing an answer, return, or other papers in any
civil action or proceeding, in a court of record;
(7)
taking and filing an order for bail whether or
not surety must be justified, ten dollars;
(8)
taking and filing bond or security costs whether
or not surety must be justified, ten dollars; or
(9)
issuing an official certificate under seal of
court not otherwise specified in this section, ten
dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.