South Carolina Legislature


 

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H*3657
Session 119 (2011-2012)


H*3657(Rat #0231, Act #0186 of 2012)  General Bill, By Cooper and Ott

Similar(S 427) AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-17 SO AS TO PROVIDE MINIMUM CONTINUING EDUCATION COURSE REQUIREMENTS FOR COUNTY TAX COLLECTORS AND PROVIDE EXCEPTIONS; BY ADDING SECTION 12-59-85 SO AS TO ALLOW A COUNTY FORFEITED LAND COMMISSION TO REFUSE TO ACCEPT TITLE TO PROPERTY WHEN REFUSAL IS IN THE PUBLIC INTEREST; AND TO AMEND SECTIONS 12-51-50, AS AMENDED, AND 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO PROVIDE FOR THE SALES DATE AND TO INCREASE FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS THE DAMAGES FOR WHICH A DEFAULTING BIDDER IS LIABLE. - ratified title 02/10/11 House Introduced and read first timeNext (House Journal-page 9) 02/10/11 House Referred to Committee on Ways and Means (House Journal-page 9) 04/06/11 House Committee report: Favorable with amendment Ways and Means (House Journal-page 62) 04/07/11 Scrivener's error corrected 04/13/11 House Debate adjourned (House Journal-page 71) 04/13/11 House Debate adjourned until Thursday, April 14, 2011 (House Journal-page 79) 04/14/11 House Debate adjourned until Tuesday, April 26, 2011 (House Journal-page 15) 04/26/11 House Amended (House Journal-page 52) 04/26/11 House Read second PrevioustimeNext (House Journal-page 52) 04/26/11 House Roll call Yeas-103 Nays-0 (House Journal-page 52) 04/27/11 House Read third PrevioustimeNext and sent to Senate (House Journal-page 7) 04/28/11 Senate Introduced and read first PrevioustimeNext (Senate Journal-page 7) 04/28/11 Senate Referred to Committee on Finance (Senate Journal-page 7) 05/22/12 Senate Recalled from Committee on Finance (Senate Journal-page 3) 05/23/12 Senate Read second PrevioustimeNext (Senate Journal-page 13) 05/23/12 Senate Roll call Ayes-31 Nays-0 (Senate Journal-page 13) 05/29/12 Senate Read third PrevioustimeNext and enrolled (Senate Journal-page 9) 06/05/12 Ratified R 231 06/07/12 Signed By Governor 06/18/12 Effective date 06/07/12 06/18/12 Act No. 186




H. 3657

(A186, R231, H3657)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-17 SO AS TO PROVIDE MINIMUM CONTINUING EDUCATION COURSE REQUIREMENTS FOR COUNTY TAX COLLECTORS AND PROVIDE EXCEPTIONS; BY ADDING SECTION 12-59-85 SO AS TO ALLOW A COUNTY FORFEITED LAND COMMISSION TO REFUSE TO ACCEPT TITLE TO PROPERTY WHEN REFUSAL IS IN THE PUBLIC INTEREST; AND TO AMEND SECTIONS 12-51-50, AS AMENDED, AND 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO PROVIDE FOR THE SALES DATE AND TO INCREASE FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS THE DAMAGES FOR WHICH A DEFAULTING BIDDER IS LIABLE.

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

County tax collector education requirements

SECTION    1.    Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-17.    (A)    A person serving as the county tax collector shall complete satisfactorily a minimum of six hours of annual continuing education courses that the department establishes or causes to be established. The content, cost, and dates of the courses must be determined by the department.

(B)    The department, for reasonable cause, may excuse a person serving as the county tax collector from attending these courses for any year.

(C)    The provisions of this section do not apply to a county treasurer who is also the county tax collector and completes satisfactorily the requirements of Section 12-45-15."

Forfeited land commission

SECTION    2.    Article 1, Chapter 59, Title 12 of the 1976 Code is amended by adding:

"Section 12-59-85.    After land has been bid in by the county auditor and before it has been conveyed to the county's forfeited land commission, the forfeited land commission or a majority of its members may refuse to accept title to the property if the commission determines that to accept title would be against the interest of the public."

Tax sale date

SECTION    3.    Section 12-51-50 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:

"Section 12-51-50.    The property duly advertised must be sold, by the person officially charged with the collection of delinquent taxes, at public auction at the courthouse or other convenient place within the county, if designated and advertised, on the advertised date for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the delinquent taxes, assessments, penalties, and costs, further items must not be sold."

Default bidder

SECTION    4.    Section 12-51-70 of the 1976 Code is amended to read:

"Section 12-51-70.    If the successful bidder fails to remit in legal tender within the PrevioustimeNext specified, the person officially charged with the collection of delinquent taxes shall cancel that bid and duly readvertise the same property for sale, in the same manner, on a subsequent delinquent tax sale date. The defaulting bidder is liable for no more than five hundred dollars damages upon default, which may be collected by suit by the person officially charged with the collection of delinquent taxes in the name of the taxing authority."

PreviousTime effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2012.

Approved the 7th day of June, 2012.

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