H 4940 General Bill, By J. Brown, McLeod, J. Hines, Hosey, Lloyd, J.H. Neal, 
Parks, Rivers, Rutherford, Scott, J.E. Smith, Wilder, Rodgers, Neilson and 
Harvin

Similar(S 873)
 A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH
 COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO
 PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE
 CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S
 PORTION OF THE DOCUMENTARY STAMP FEE.

   03/20/02  House  Introduced and read first time HJ-5
   03/20/02  House  Referred to Committee on Ways and Means HJ-6
   04/03/02  House  Member(s) request name added as sponsor: Rodgers
   04/17/02  House  Member(s) request name added as sponsor: Neilson
   05/07/02  House  Member(s) request name added as sponsor: Harvin

TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.

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

SECTION    1.    Section 8-21-310 of the 1976 Code, as last amended by Act 155 of 1997, 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 fifteen 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 twelve dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, six twelve 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 fifteen 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 ten dollars;

    (6)    for recording separate probates, affidavits, or certificates which are not part of or attached to another document to be recorded, five ten dollars;

    (7)    for recording a plat larger than eight and one-half by fourteen inches, ten fifteen dollars; for plats of 'legal size' dimensions, or smaller, five ten 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 fifteen 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 fifteen 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, seventy 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 postconviction 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, five ten dollars;

        (c)    for receiving and enrolling transcripts of judgment from magistrates' courts and federal district courts, five ten dollars;

        (d)    for filing and enrolling a judgment by confession, five 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, five ten dollars;

    (14)    for taking and filing bond or security costs, one dollar; with bond when surety must be justified, five 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, two 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, ten 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 Employment Security Commission, 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, five 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, five ten dollars.

    (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, fifty-five one hundred 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."

SECTION    2.    Section 12-24-90(A) of the 1976 Code is amended to read:

    "(A)    The fee imposed by this chapter is composed of two fees as follows:

        (1)    a state fee equal to one dollar thirty cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value; and

        (2)    a county fee equal to fifty-five sixty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value."

SECTION    3.    This act takes effect July 1, 2002.