H 3827 Session 109 (1991-1992)
H 3827 General Bill, By R.A. Barber, M.O. Alexander, J.M. Baxley, G.A. Brown,
J.D. Cole, L.L. Elliott, T.L. Farr, M.F. Jaskwhich, K.G. Kempe, H.H. Keyserling,
McCraw, T.F. Rogers, C.Y. Waites and D. Williams
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-19-422 so as to require an impact fee for the issuance of an original
certificate of title for a motor vehicle previously titled outside of South
Carolina, require the revenue generated from the fee be deposited in the
Heritage Land Trust Fund, provide that a portion of the increased fee be
remitted to the Department of Highways and Public Transportation, and provide
exemptions.
04/11/91 House Introduced and read first time HJ-10
04/11/91 House Referred to Committee on Education and Public
Works HJ-10
02/13/92 House Recalled from Committee on Education and Public
Works HJ-13
02/13/92 House Referred to Committee on Ways and Means HJ-13
04/01/92 House Committee report: Majority favorable with amend.,
minority unfavorable Ways and Means HJ-3
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 1, 1992
H. 3827
Introduced by REPS. Barber, G. Brown, Baxley, Rogers, L. Elliott,
Jaskwhich, Keyserling, Waites, Kempe, M.O. Alexander, Farr, Cole,
McCraw and D. Williams
S. Printed 4/1/92--H.
Read the first time April 11, 1991.
THE COMMITTEE ON WAYS AND MEANS
To whom was referred a Bill (H. 3827), to amend the Code of Laws
of South Carolina, 1976, by adding Section 56-19-422 so as to require
an impact fee for the issuance of an original certificate of title for a
motor vehicle, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1, pages 1
and 2, and inserting:
/SECTION 1. Section 12-21-380 of the 1976 Code is amended to
read:
"Section 12-21-380. A deed, instrument, or writing
whereby any in which lands, tenements, or other realty
sold is granted, assigned, transferred, or otherwise conveyed to, or
vested in, the purchaser or any other person by his direction
when the consideration or value of the interest or property conveyed
exclusive of the value of any lien or encumbrance remaining
thereon on it at the time of sale exceeds one hundred
dollars and does not exceed five hundred dollars must be taxed one
dollar and ten thirty cents and for each additional five
hundred dollars, or fractional part thereof of it, one
dollar and ten thirty cents. Ten Thirty
cents of the tax on those sales over one hundred dollars but not
exceeding five hundred dollars and ten thirty cents of
the tax on each additional increment of five hundred dollars must be
paid to the Heritage Land Trust Fund. Any deed, instrument, or writing
whereby any in which lands, tenements, or other realty
is granted, assigned, transferred, or otherwise conveyed to, or vested in,
the State of South Carolina, or any of its political subdivisions and
departments, for highway or other public purposes is exempted from the
documentary tax requirements of this section, and any clerk of court or
register of mesne conveyances may record these deeds or other
instruments without revenue stamps affixed and without penalty."/
Amend title to read:
/A BILL
TO AMEND SECTION 12-21-380, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO TAXES ON INSTRUMENTS OF
CONVEYANCES OF REALTY, SO AS TO INCREASE THE TAX
FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY
CENTS FOR EACH FIVE HUNDRED DOLLARS OF
CONSIDERATION, AND TO PROVIDE THAT THE INCREASE
MUST BE PAID TO THE HERITAGE LAND TRUST FUND./
Majority favorable. Minority unfavorable.
WILLIAM D. BOAN HERBERT KIRSH
For Majority. For Minority.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-19-422 SO AS TO REQUIRE AN
IMPACT FEE FOR THE ISSUANCE OF AN ORIGINAL
CERTIFICATE OF TITLE FOR A MOTOR VEHICLE PREVIOUSLY
TITLED OUTSIDE OF SOUTH CAROLINA, REQUIRE THE
REVENUE GENERATED FROM THE FEE BE DEPOSITED IN THE
HERITAGE LAND TRUST FUND, PROVIDE THAT A PORTION OF
THE INCREASED FEE BE REMITTED TO THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE
EXEMPTIONS.
Whereas, the General Assembly recognized, by enacting Chapter 17 of
Title 51, Code of Laws of South Carolina, 1976, the value of protecting
the State's rich natural and cultural diversity; and
Whereas, increases in population have a direct affect on our ability to
preserve South Carolina's natural and cultural diversity. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-19-422. (A) In addition to the fees imposed by
this chapter, the department shall charge an additional fee of ninety
dollars for each original certificate of title issued to a vehicle previously
titled outside of this State.
(B) All fees collected pursuant to the provisions of this section
must be deposited in the Heritage Land Trust Fund, except for ten
dollars that shall go to the Department of Highways and Public
Transportation to cover administrative and other costs.
(C) The provisions of this section do not apply to:
(1) previously-owned vehicles obtained by licensed
automobile dealers;
(2) previously-untitled new vehicles."
SECTION 2. This act takes effect upon approval by the Governor.
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