South Carolina General Assembly
114th Session, 2001-2002

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Bill 3633


                    Current Status

Bill Number:                      3633
Ratification Number:              189
Act Number:                       179
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010227
Primary Sponsor:                  D.C. Smith
All Sponsors:                     D.C. Smith and J.R. Smith
Drafted Document Number:          l:\council\bills\dka\4075mm01.doc
Date Bill Passed both Bodies:     20020214
Date of Last Amendment:           20010321
Governor's Action:                S
Date of Governor's Action:        20020305
Subject:                          Municipal property taxes, delinquent tax 
                                  sale held with county tax sale may take place 
                                  in county; Political Subdivisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020311  Act No. A179
------  20020305  Signed by Governor
------  20020227  Ratified R189
Senate  20020214  Read third time, enrolled for
                  ratification
Senate  20020213  Read second time, unanimous
                  consent for third reading on 
                  Thursday, 20020214
Senate  20010530  Committee report: Favorable            06 SF
Senate  20010322  Introduced, read first time,           06 SF
                  referred to Committee
House   20010322  Read third time, sent to Senate
House   20010321  Read second time
House   20010321  Amended
House   20010307  Request for debate by Representative           F.N. Smith
                                                                 Whipper
                                                                 Lee
                                                                 J.H. Neal
                                                                 Breeland
                                                                 Govan
                                                                 Rutherford
                                                                 J.R. Smith
                                                                 Altman
                                                                 Campsen
                                                                 Perry
                                                                 Harrell
                                                                 Limehouse
                                                                 Scarborough
                                                                 Moody-
                                                                 Lawrence
                                                                 D.C. Smith
House   20010306  Committee report: Favorable            30 HWM
House   20010227  Introduced, read first time,           30 HWM
                  referred to Committee


              Versions of This Bill
Revised on March 6, 2001 - Word format
Revised on May 30, 2001 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A179, R189, H3633)

AN ACT TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.

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

Collection of delinquent taxes by a municipality

SECTION 1. Section 5-7-300 of the 1976 Code, as last amended by Act 419 of 1988, is further amended to read:

"Section 5-7-300. (A) All municipalities of the State may provide by ordinance a procedure for the collection of delinquent real and personal property taxes, except taxes on motor vehicles. The municipal governing body may provide for a penalty not exceeding fifteen percent of the taxes levied for nonpayment of these taxes payable when the taxes become delinquent. The property taxes levied, with any penalty added for nonpayment when due and costs of execution, are a lien upon the property upon which the tax is levied until paid. The lien is paramount to all other liens except the lien for county and state taxes.

(B) For the purpose of collecting delinquent real and personal property taxes, the municipal governing body may enforce payment against the property of delinquent property taxpayers to the same extent, and substantially in the same manner, as is provided by law for the collection of county property taxes and penalties, except that a municipal governing body may determine the municipality's tax year, penalty dates, and the amount of penalty to be added on the penalty dates. Executions to enforce the payment of the taxes and penalties must be issued under the seal of the municipality and directed to the person designated by the municipal governing body for that purpose. All sales under and by virtue of that execution must take place at a public place in the municipality designated by ordinance, unless otherwise provided in subsection (D) if the sale is held in conjunction with the delinquent tax sale of the county.

(C) All expense of the levy, seizure, and sale must be added and collected as additional execution costs, and includes, but is not limited to, the expense of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices.

(D) A municipality may contract with the county for the collection of municipal taxes or for the collection of delinquent municipal taxes upon terms and conditions mutually agreeable to both the municipality and the county. If a municipality contracts with a county for collection of municipal taxes or delinquent municipal taxes, the provisions of state law that prescribe the procedure for collection of property taxes by counties must be followed. A delinquent tax sale for the purpose of collecting municipal taxes and held in conjunction with a delinquent tax sale for the purpose of collecting county taxes may take place at the public place in the county that is designated by the county.

(E) A municipality may contract by ordinance with an individual, firm, or organization to assist the municipality in collecting property or business license taxes."

Time effective

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

Ratified the 27th day of February, 2002.

Approved the 5th day of March, 2002.

__________


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