South Carolina Legislature


 

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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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