Current Status Bill Number:3511 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19970220 Primary Sponsor:Miller All Sponsors:Miller, Cobb-Hunter, Bailey, T. Brown, McLeod, Whipper, Moody-Lawrence, Mack, Rodgers, Mullen, Battle, Pinckney and Bowers Drafted Document Number:bbm\9176mm.97 Companion Bill Number:470 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Real estate transfers, local bodies which held in escrow fees on to be used for original purposes, Property
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19970220 Introduced, read first time, 30 HWM referred to CommitteeView additional legislative information at the LPITS web site.
TO ALLOW LOCAL GOVERNING BODIES WHICH ENACTED, COLLECTED, AND HELD IN ESCROW FEES ON TRANSFERS OF REAL ESTATE TO USE THOSE FUNDS FOR THE PURPOSES FOR WHICH THE FEES WERE ORIGINALLY INTENDED.
Whereas, a number of local governing bodies enacted a fee on the transfer of real estate; and
Whereas, those local governing bodies enacted the fee with the intent of applying the collected funds to specific, identified, local purposes; and
Whereas, those local governing bodies disputed the requirement of Section 6-1-70 of the Code of Laws of South Carolina, 1976, as added by Act 497 of 1994, that the collected funds be remitted to the State Treasurer; and
Whereas, the local governing bodies continued to collect the fee on transfer of real estate, depositing the collected funds in various escrow accounts, pending resolution of their dispute; and
Whereas, the dispute now has been resolved legally, contrary to the interests of the local governing bodies; and
Whereas, those local governing bodies have accumulated substantial sums of monies in their respective escrow accounts; and
Whereas, they desire to allocate and expend those funds for their originally intended specific local purposes. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The local governing bodies which enacted, collected, and held in escrow fees on transfers of real estate pending resolution of their dispute over the requirement that the collected funds be remitted to the State Treasurer, be allowed to use those funds collected as of the effective date of this act for their originally intended specific local purposes, or in the alternative, to refund the fees to those who paid them.
SECTION 2. This joint resolution takes effect upon approval by the Governor.