H*3552 Session 108 (1989-1990)
H*3552(Rat #0652, Act #0531 of 1990) General Bill, By T.E. Huff, L. Blanding,
D.M. Bruce, J.D. Cole, Davenport, Elliott, J.H. Hodges, Littlejohn, Martin,
A.C. McGinnis, D.A. Moss, Quinn, J.I. Rogers, J.J. Snow, C.C. Wells,
J.B. Wilder, Wilkes and D.A. Wright
A Bill to amend Section 8-21-310, as amended, Code of Laws of South Carolina,
1976, relating to the fees paid to clerks of court and registers of mesne
conveyance, so as to increase various fees and delete obsolete language; to
amend Section 12-49-250, relating to the fee for recording the mortgage notice
list, so as to increase the fee for each mortgagee notice; and to amend
Section 15-49-30, relating to the applicable fee for bringing an action for a
change of name, so as to provide that the applicable filing fee is the
standard fee to file civil actions.-amended title
02/23/89 House Introduced and read first time HJ-6
02/23/89 House Referred to Committee on Judiciary HJ-6
05/02/89 House Committee report: Favorable with amendment
Judiciary HJ-27
05/11/89 House Amended HJ-48
05/11/89 House Read second time HJ-49
05/17/89 House Read third time and sent to Senate HJ-34
05/18/89 Senate Introduced and read first time SJ-6
05/18/89 Senate Referred to Committee on Judiciary SJ-6
01/31/90 Senate Committee report: Favorable Judiciary SJ-16
05/09/90 Senate Read second time SJ-22
05/09/90 Senate Ordered to third reading with notice of
amendments SJ-22
05/22/90 Senate Read third time and enrolled SJ-8
05/30/90 Ratified R 652
06/04/90 Signed By Governor
06/04/90 Effective date 06/04/90
06/04/90 Act No. 531
07/06/90 Copies available
(A531, R652, H3552)
AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND
REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE VARIOUS FEES AND
DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE
FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE
FOR EACH MORTGAGEE NOTICE; AND TO AMEND SECTION 15-49-30, RELATING TO
THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS
TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE
CIVIL ACTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Fees increased
SECTION 1. Section 8-21-310 of the 1976 Code, as last amended by
Act 619 of 1988, 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 mesne conveyances 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,
five 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, ten dollars, and an additional one dollar a page
for a document containing more than four pages;
(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,
thirty-five 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 any 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, five dollars;
(c) for receiving and enrolling transcripts of judgment from
magistrates' courts and federal district courts, five 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, five
dollars;
(14) for taking and filing bond or security costs, one dollar;
with bond when surety must be justified, five 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, two
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, ten 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 Employment Security
Commission, the South Carolina Tax Commission, 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, five 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, five dollars.
The clerk shall mark satisfied upon receipt of the fees provided
in this item 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."
Fees increased
SECTION 2. Section 12-49-250 of the 1976 Code is amended to read:
"Section 12-49-250. The list must be promptly entered of
record by the clerk in a book he keeps in his office for that purpose,
for a fee of two dollars for each mortgage listed and entered, except
that when ten or more mortgages are listed together on one list the
fee is one dollar each for the number in excess of ten. Within ten
days after its filing the clerk shall transmit the list to the sheriff
and the sheriff shall file it in his office as a record and shall
enter on it the date he received it."
Fee for filing an action for name change
SECTION 3. Section 15-49-30 of the 1976 Code is amended to read:
"Section 15-49-30. The filing fee provided in Section
8-21-310(11)(a) applies with respect to an action for change of
name."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1990.
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