Bill 3618

                    Current Status

Bill Number:                       3618
Type of Legislation:               Joint Resolution JR
Introducing Body:                  House
Introduced Date:                   19970311
Primary Sponsor:                   Haskins
All Sponsors:                      Haskins, Neilson, Easterday,
                                   Sandifer, Cooper, Allison, Vaughn,
                                   Walker, Leach, Hamilton, Loftis,
                                   Harrison, Quinn, Riser, McMaster,
                                   Bauer and Harvin 
Drafted Document Number:           dka\4170mm.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Real estate transfer fees,
                                   counties council which collected to
                                   refund certain; Political
                                   Subdivisions, Property

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970311  Introduced, read first time,             25 HJ
                  referred to Committee

TO REQUIRE LOCAL GOVERNING BODIES WHICH, BEGINNING ON JULY 1, 1994, ASSESSED AND COLLECTED REAL ESTATE TRANSFER FEES PURSUANT TO SECTION 6-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO REFUND THOSE FEES; AND TO REQUIRE THE STATE TREASURER WHO HELD SOME OF THOSE FEES PURSUANT TO SECTION 6-1-70, TO RETURN THEM TO THE COUNTIES FOR REFUND.

Whereas, a number of local governing bodies enacted a fee on the transfer of real estate; and

Whereas, those local governing bodies disputed the requirement of Section 6-1-70 of the 1976 Code, as added by Act 497 of 1994, that the funds collected from the real estate transfer fee be remitted to the State Treasurer; and

Whereas, some local governing bodies continued to collect the fee on transfer of real estate pending resolution of their dispute; and

Whereas, during the pendency of litigation challenging the disputed requirement some of those local governing bodies which continued to collect the fee remitted the collected funds to the State Treasurer, some of them deposited the collected funds to local escrow accounts, and some may have expended the collected funds; and

Whereas, the South Carolina Supreme Court did, on February 10, 1997, resolve the dispute contrary to the interest of the local governing bodies and uphold the constitutionality of the provisions of Section 6-1-70; and

Whereas, it is fair and reasonable and necessary to provide for a disposition of the real estate transfer fees collected by local governing bodies and not remitted to the State Treasurer. Now, therefore,

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

SECTION 1. Local governing bodies which, beginning July 1, 1994, assessed and collected real estate transfer fees but failed to remit them to the State Treasurer pursuant to Section 6-1-70 of the 1976 Code shall promptly refund the fees collected to the persons who paid them, regardless of whether or not the collected funds have already been expended.

SECTION 2. The State Treasurer shall distribute to those local governing bodies which, beginning July 1, 1994, assessed and collected real estate transfer fees, all collected funds remitted to the State Treasurer or withheld by the State Treasurer from appropriations from Aid to Subdivisions, pursuant to Section 6-1-70 of the 1976 Code, and those local governing bodies shall promptly refund the fees collected to the persons who paid them.

SECTION 3. This joint resolution takes effect upon approval by the Governor.