South Carolina General Assembly
115th Session, 2003-2004

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Bill 3803

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INTRODUCED

March 18, 2003

H. 3803

Introduced by Reps. Herbkersman, Ceips, Gilham and Lloyd

S. Printed 3/18/03--H.

Read the first time March 18, 2003.

            

A BILL

TO AMEND SECTION 6-1-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE IMPOSITION OF A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY, SO AS TO AUTHORIZE A MUNICIPALITY TO IMPOSE THE TAX OR FEE IF ANOTHER MUNICIPALITY LOCATED IN THE SAME COUNTY WAS IMPOSING THE FEE BEFORE JANUARY 1, 1991, BY PETITION AND APPROVAL OF THE LEGISLATIVE DELEGATION OF THAT COUNTY.

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

SECTION    1.    Section 6-1-70(B) of the 1976 Code, as last amended by Section 72A, Part II, Act 155 of 1997, is further amended to read:

"(B)(1)    A municipality that originally enacted a real estate transfer fee prior to before January 1, 1991, may impose and collect a real estate transfer fee, by ordinance, regardless of whether imposition of the fee was discontinued for a period after January 1, 1991.

(2)    A municipality that is located in a county in which is located a municipality that was imposing a fee or tax on the transfer of real property before January 1, 1991, may impose and collect a real estate transfer fee, by ordinance, regardless of whether imposition of the fee was discontinued for a period after January 1, 1991, by petition and approval of the legislative delegation of that county."

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

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