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Bill 4738

                    Current Status

Bill Number:                      4738
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000307
Primary Sponsor:                  Limehouse
All Sponsors:                     Limehouse, Altman, Lee, Lourie, Knotts, 
                                  Whatley, Allen, Bales, Bowers, T. Brown, 
                                  Campsen, Clyburn, Davenport, Gourdine, Govan, 
                                  Harrison, Hayes, Hosey, Inabinett, Kirsh, 
                                  Koon, Mack, Meacham-Richardson, Riser, 
                                  Rutherford, Stille, Taylor, Trotter and 
                                  Whipper
Drafted Document Number:          l:\council\bills\pt\1889sd00.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          State or local agencies overcharging 
                                  person fee, tax, or charge due; refund 
                                  provisions; Political Subdivisions, Taxation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000307  Introduced, read first time,           30 HWM
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-21-25 SO AS TO PROVIDE THAT ANY STATE OR LOCAL AGENCY OR DEPARTMENT WHICH IDENTIFIES A SITUATION WHERE A PERSON HAS BEEN OVERCHARGED A FEE, TAX, OR CHARGE DUE TO A MISTAKE ON THE PART OF THE AGENCY OR DEPARTMENT MUST REFUND THE OVERCHARGE TOGETHER WITH ANY REQUIRED INTEREST WITHIN A REASONABLE TIME BUT NO LATER THAN NINETY DAYS AFTER THE DETERMINATION BY THE AGENCY OR DEPARTMENT THAT IT WAS IN ERROR WITHOUT REQUIRING THE PERSON TO APPLY FOR SAME.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 8-21-25. Any state or local agency or department which identifies a situation where a person has been overcharged a fee, tax, or charge due to a mistake on the part of the agency or department must refund the overcharge together with any required interest within a reasonable time but no later than ninety days after the determination by the agency or department that it was in error. Notwithstanding any other provision of law, no application for a refund is required from such person and the refund is required to be made whether or not applicable statutes of limitation or protest periods have run."

SECTION 2. This act takes effect upon approval by the Governor.

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