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A323, R354, S723
Sponsors: Senator Campsen
Document Path: l:\council\bills\dka\3305mm05.doc
Introduced in the Senate on April 7, 2005
Introduced in the House on June 2, 2005
Passed by the General Assembly on May 26, 2006
Governor's Action: June 2, 2006, Signed
Summary: Recording of deeds
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/7/2005 Senate Introduced and read first time SJ-10 4/7/2005 Senate Referred to Committee on Finance SJ-10 4/12/2005 Senate Recalled from Committee on Finance SJ-20 4/12/2005 Senate Committed to Committee on Judiciary SJ-20 5/18/2005 Senate Committee report: Favorable Judiciary SJ-12 5/25/2005 Senate Read second time SJ-58 6/1/2005 Senate Read third time and sent to House 6/2/2005 House Introduced and read first time HJ-65 6/2/2005 House Referred to Committee on Judiciary HJ-65 5/24/2006 House Committee report: Favorable Judiciary HJ-5 5/25/2006 House Read second time HJ-22 5/25/2006 House Unanimous consent for third reading on next legislative day HJ-23 5/26/2006 House Read third time and enrolled HJ-3 5/31/2006 Ratified R 354 6/2/2006 Signed By Governor 6/9/2006 Copies available 6/9/2006 Effective date 06/02/06 6/16/2006 Act No. 323
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VERSIONS OF THIS BILL
(A323, R354, S723)
AN ACT TO AMEND SECTIONS 12-24-10 AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO RECORDING OF DEEDS, SO AS TO PROVIDE THAT AN INSTRUMENT ALIENATING REALTY TO THE DISTRIBUTEE OF AN ESTATE IS NOT A DEED REQUIRING A RECORDING FEE OR AN AFFIDAVIT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-24-10 of the 1976 Code is amended to read:
"Section 12-24-10. (A) In addition to all other recording fees, a recording fee is imposed for the privilege of recording a deed in which land and improvements on the land, tenements, or other realty is transferred to another person. The fee is one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty's value as determined by Section 12-24-30.
(B) An instrument or deed of distribution assigning, transferring, or releasing real property to the distributee of a decedent's estate pursuant to Section 62-3-907 as evidence of the distributee's title to the property is not a deed subject to this chapter."
SECTION 2. Section 12-24-70 of the 1976 Code is amended to read:
"Section 12-24-70. (A)(1) The clerk of court or register of deeds shall require an affidavit showing the value of the realty to be filed with a deed. The affidavit required by this section must be signed by a responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register of deeds, at his discretion, may waive the affidavit requirement.
(2) For deeds exempt from the provisions of this chapter, the value is not required to be stated on the affidavit, but the affidavit must state the reason the deed is exempt from the fee.
(B) The clerk of court or register of deeds shall file these affidavits in his office.
(C) A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(D) An affidavit is not required for an instrument or deed of distribution assigning, transferring, or releasing real property to the distributee of an estate pursuant to Section 62-3-907 as evidence of the distributee's title."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 31st day of May, 2006.
Approved the 2nd day of June, 2006.
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