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Current Status Bill Number:View additional legislative information at the LPITS web site.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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