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H. 4930

STATUS INFORMATION

General Bill
Sponsors: Rep. Herbkersman
Document Path: l:\council\bills\dka\3684dw06.doc

Introduced in the House on March 30, 2006
Currently residing in the House Committee on Ways and Means

Summary: Real estate transfer fee

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   3/30/2006  House   Introduced and read first time HJ-35
   3/30/2006  House   Referred to Committee on Ways and Means HJ-35

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/30/2006

TO AMEND SECTION 6-1-70, 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 WITH CERTAIN EXCEPTIONS, SO AS TO AUTHORIZE A MUNICIPALITY TO IMPOSE THE FEE IF ANOTHER MUNICIPALITY LOCATED IN THE SAME COUNTY WAS IMPOSING THE FEE BEFORE JANUARY 1, 1991, TO AUTHORIZE THE REAL ESTATE TRANSFER FEE TO BE IMPOSED IN THE MUNICIPALITY BY REFERENDUM, TO PROVIDE FOR PAYMENT OF THE FEE AND ITS MAXIMUM IMPOSITION, AND TO PROVIDE THE PURPOSE FOR WHICH THE FEE MUST BE USED.

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

SECTION    1.    Section 6-1-70(B) of the 1976 Code is 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"(B)(1)        A municipality that originally enacted a real estate transfer fee prior to before January 1, 1991, may impose and collect a real estate transfer fee, by ordinance, regardless of whether imposition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 another municipality that was imposing a fee 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 by the other municipality for a period after January 1, 1991.

(3)    In lieu of a municipality referenced in items (1) and (2) imposing the real estate transfer fee by ordinance, the real estate transfer fee may also be imposed in the municipality upon the approval of the qualified electors in the municipality in a referendum called by the municipal governing body or called by petition of five percent of the qualified electors of the municipality. The referendum, if called, shall be held at the next municipal election or at the same time as the next general election, whichever occurs first.

(4)    The fee is the liability of the purchaser of the real property interest, and any agreement between the purchaser and the seller or another person with reference to the allocation of the responsibility for bearing the fee does not affect the liability of the purchaser. The fee must be paid at the time the deed, instrument, or writing is recorded in the office of the register of deeds or register of mesne conveyances, which shall collect and disburse the monies pursuant to written agreement with the municipality.

(5)    The fee may not exceed one-fourth percent of the consideration for the transfer.

(6)    The transfer fee must be used to acquire:

(a)    a fee in interest and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserved or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following type of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches, fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering, and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities; or

(b)    already developed land or development rights in order to convert its use to a public use, to restore the property to open space, or to redefine that property in accordance with the municipality's current comprehensive plan and dispose of it as soon as possible."

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

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