South Carolina General Assembly
108th Session, 1989-1990

Bill 33

                    Current Status

Bill Number:               33
Ratification Number:       41
Act Number                 26
Introducing Body:          Senate
Subject:                   Restrictions on property transfers
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A26, R41, S33)

AN ACT TO AMEND SECTION 1-11-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY TRANSACTIONS OF GOVERNMENTAL BODIES OF THE STATE, SO AS TO PROVIDE FOR THE RECORDING OF A CERTIFICATE OF ACCEPTANCE WHICH MUST BE FILED SIMULTANEOUSLY WITH THE DEED, TO PROHIBIT THE RECORDING OF A DEED NOT ACCOMPANIED BY A CERTIFICATE OF ACCEPTANCE, TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO EXEMPT A GOVERNMENTAL BODY FROM THE PROVISIONS OF THIS REQUIREMENT, AND TO REQUIRE THE GOVERNING BODIES OF A GOVERNMENTAL BODY AUTHORIZED BY LAW TO ACCEPT GIFTS OF TANGIBLE PERSONAL PROPERTY TO EXECUTE AN ACKNOWLEDGMENT OF ACCEPTANCE PRIOR TO THE TRANSFER OF THE PROPERTY TO THE BODY.

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

Restrictions on property transfers

SECTION 1. Section 1-11-65 of the 1976 Code, as last amended by Part II, Section 18A, Act 658 of 1988, is further amended to read:

"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.

(B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution."

Time effective

SECTION 2. This act takes effect thirty days after approval by the Governor.