1 BIL: 873 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20020115 5 PSP: Glover 6 SPO: Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, 7 Holland, Leventis and Moore 8 DDN: l:\council\bills\skb\18132zcw02.doc 9 RBY: House 10 LAD: 20020529 11 SUB: County clerks of court, treasurers and register of deeds, schedule of 12 fees collected by, uniform fee increase provided; county’s portion of 13 documentary stamp fee increased 14 15 16 HST: 17 18 Body Date Action Description Com Leg Involved 19 ______20 House 20020605 Request for debate by Representative Kirsh 21 Altman 22 Weeks 23 Coates 24 Meacham-

27 Richardson 28 House 20020605 Request for debate withdrawn 29 by Representative J. R. Smith 30 Harrell 31 Scarborough 32 Cooper 33 Lucas 34 Sinclair 35 Bales 36 Witherspoon 37 Harrison 38 Sharpe 39 McGee 40 House 20020529 Request for debate withdrawn 41 by Representative Talley 42 House 20020529 Request for debate by Representative Bales 43 Easterday 44 Hamilton 45 Scarborough 46 Sharpe 47 Talley 48 Harrell 49 J. R. Smith 1 Cooper 2 McGee 3 Witherspoon 4 A. Young 5 Sinclair 6 Harrison 7 Loftis 8 Lucas 9 House 20020529 Amended 10 House 20020523 Committee report: Favorable with 30 HWM 11 amendment 12 House 20020430 Introduced, read first time, 30 HWM 13 referred to Committee 14 ------20020429 Scrivener's error corrected 15 Senate 20020426 Read third time, sent to House 16 Senate 20020425 Amended, read second time, 17 unanimous consent for third reading 18 on Friday, 20020426 19 Senate 20020424 Committee report: Favorable with 11 SJ 20 amendment 21 Senate 20020115 Introduced, read first time, 11 SJ 22 referred to Committee 23 24 25 26 Versions of This Bill 27 28 29 Revised on 20020424 30 Revised on 20020425 31 Revised on 20020429 32 Revised on 20020523 33 Revised on 20020529 34 35 36 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 5 AMENDED--NOT PRINTED IN THE HOUSE 6 Amt. No. 1 (council\bbm\amend\9208sw02) 7 May 29, 2002 8 9 S. 873 10 11 Introduced by Senators Glover, Ford, McGill, Anderson, Patterson, 12 O'Dell, Hutto, Land, Short, Holland, Leventis and Moore 13 14 S. Printed 5/23/02--H. 15 Read the first time April 30, 2002. 16

1 [873-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE 13 SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN 14 EACH COUNTY BY CLERKS OF COURT, REGISTERS OF 15 DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE 16 FOR UNIFORM FEE INCREASES; TO AMEND SECTION 17 12-24-90, RELATING TO THE CALCULATION OF THE 18 DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE 19 COUNTY’S PORTION OF THE DOCUMENTARY STAMP 20 FEE. 21 Amend Title To Conform 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Section 8-21-310 of the 1976 Code is amended to 27 read: 28 29 “Section 8-21-310. Except as otherwise expressly provided, the 30 following fees and costs must be collected on a uniform basis in 31 each county by clerks of court and registers of deeds or county 32 treasurers as may be determined by the governing body of the 33 county: 34 (1) for recording a deed to or a mortgage on real estate, ten 35 dollars; and an additional one dollar a per page for any deed or 36 mortgage containing more than four pages; for entry of a deed or 37 mortgage that covers both real estate and personal property in the 38 indexes for both real and personal property conveyances or 39 mortgages, one dollar additional; 40 (2) for recording a chattel mortgage, conditional sale 41 contract, lease or contract of sale of personal property, and any

1 [873] 1 1 other document required to be recorded under the Uniform 2 Commercial Code (Title 36), the fees provided in Title 36; 3 (3) for recording an instrument which assigns, transfers, or 4 affects a single real estate mortgage or other instrument affecting 5 title to real property or lien for the payment of money, unless it is 6 part of the original instrument when initially filed, six dollars; and 7 if the instrument assigns, transfers, or affects more than one real 8 estate mortgage, instrument, or lien, six dollars for each mortgage, 9 instrument, or lien assigned, transferred, or affected and referred to 10 in the instrument and an additional one dollar for each page for any 11 instrument exceeding one page; 12 (4) for recording any lease, contract of sale, trust indenture, 13 or other document affecting title or possession of real property not 14 otherwise provided for in this section, ten dollars, and an 15 additional one dollar a per page for a document containing more 16 than four pages; 17 (5) for recording satisfaction on the record of a mortgage of 18 real estate or a chattel mortgage or other recorded lien, and 19 certifying the entry on the original or a copy, five dollars; 20 (6) for recording separate probates, affidavits, or certificates 21 which are not part of or attached to another document to be 22 recorded, five ten dollars; 23 (7) for recording a plat larger than eight and one-half by 24 fourteen inches, ten dollars; for plats of ‘legal size’ dimensions, or 25 smaller, five dollars; 26 (8) for recording decree of foreclosure or partition of real 27 property in mortgage book or deed book, the same fee as for 28 recording deed or mortgage of real estate; 29 (9) for recording any other paper affecting title or possession 30 of real estate or personal property and required by law to be 31 recorded, except judicial records, ten dollars, and an additional 32 one dollar a per page for a document containing more than four 33 pages; 34 (10) for filing power of attorney, trustee qualification, or 35 other appointment, ten fifteen dollars, and an additional one dollar 36 a per page for a document containing more than four pages; 37 (11)(a) For filing first complaint or petition, including 38 application for a remedial and prerogative writ and bond on 39 attachment or other bond, in a civil action or proceeding, in a court 40 of record, seventy one hundred dollars. There is no further fee for 41 filing an amended or supplemental complaint or petition nor for 42 filing any other paper in the same action or proceeding. An 43 original application for postconviction relief may be filed without

1 [873] 2 1 fee upon permission of the court to which the application is 2 addressed. There is no further fee for entering and filing a verdict, 3 judgment, final decree, or order of dismissal, and enrolling a 4 judgment thereon, for signing, sealing, and issuance of execution, 5 or for entering satisfaction or partial satisfaction on a judgment. 6 (b) for filing, recording, and indexing Lis Pendens when 7 not accompanied by summons and complaint, five ten dollars; 8 (c) for receiving and enrolling transcripts of judgment 9 from magistrates’ courts and federal district courts, five ten 10 dollars; 11 (d) for filing and enrolling a judgment by confession, five 12 ten dollars; 13 (12) no fee may be charged to a defendant or respondent for 14 filing an answer, return, or other papers in any civil action or 15 proceeding, in a court of record; 16 (13) for taking and filing an order for bail with or without 17 bond, one dollar; with bond when surety must be justified, five ten 18 dollars; 19 (14) for taking and filing bond or security costs, one dollar; 20 with bond when surety must be justified, five ten dollars; 21 (15) for filing or recording any commission of notary public 22 or other public office, license or permit to practice any profession 23 or trade, notice of formation or dissolution of any partnership, two 24 five dollars; 25 (16) for filing the charter of any public or private corporation 26 or association required by law to be recorded, ten dollars, and an 27 additional one dollar a per page for any such document containing 28 more than four pages; 29 (17) for issuing an official certificate under seal of court not 30 otherwise specified in this section, one dollar; 31 (18) for holding a hearing for condemnation proceedings, 32 twenty-five dollars a day; 33 (19) for filing notice of discharge in bankruptcy, ten fifteen 34 dollars; 35 (20) for filing and enrolling and satisfaction of South Carolina 36 and United States Government tax liens: 37 (a) for filing and enrolling and satisfying executions or 38 warrants for distraint for the South Carolina Employment Security 39 Commission, the South Carolina Department of Revenue, or any 40 other state agency, where costs of the executions or warrants for 41 distraint are chargeable to the persons against whom such 42 executions or warrants for distraint are issued, five ten dollars;

1 [873] 3 1 (b) for filing and enrolling and satisfying any tax lien of 2 any agency of the United States Government, where the costs of 3 the executions are chargeable to the persons against whom such 4 executions are issued, five ten dollars. 5 (21) for filing and processing an order for the Destruction of 6 Arrest Records, thirty-five dollars, which fee must be for each 7 order regardless of the number of cases contained in the order. 8 The fee under the provisions of this item does not apply to cases 9 where the defendant is found not guilty or where the underlying 10 charge is dismissed or nol prossed unless that dismissal or nol 11 prosse is the result of successful completion of a pretrial 12 intervention program. 13 (22) for filing, indexing, enrolling, and entering a foreign 14 judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 15 of the 1976 Code, fifty-five one hundred dollars. 16 The clerk shall must mark satisfied upon receipt of the fees 17 provided in this item any tax lien or warrant for distraint issued by 18 any agency of this State or of the United States upon receipt of a 19 certificate duly signed by an authorized officer of any agency of 20 this State or the United States to the effect that the execution or 21 warrant for distraint has been paid and satisfied.” 22 23 SECTION 2. The 1976 Code is amended by adding: 24 25 “Section 14-1-203. The revenue from the fee set in Section 26 20-7-1440(C) must be remitted to the county in which the 27 proceeding is instituted. Forty-four percent of the revenues must 28 be remitted monthly by the fifteenth day of each month to the State 29 Treasurer on forms in a manner prescribed by him. When payment 30 is made to the county in installments, the state’s portion must be 31 remitted to the State Treasurer by the County Treasurer on a 32 monthly basis. The forty-four percent remitted to the State 33 Treasurer must be deposited as follows: 34 (1) 43.76 percent to the general fund; 35 (2) 10.04 percent to the Department of Mental Health to be 36 used exclusively for the treatment and rehabilitation of drug 37 addicts within the department’s addiction center facilities; 38 (3) 6.20 percent to the State Office of Victim Assistance 39 under the South Carolina Victim’s Compensation Fund; and 40 (4) 40.00 percent to the South Carolina Judicial 41 Department.” 42

1 [873] 4 1 SECTION 3. Section 14-1-204 of the 1976 Code is amended to 2 read: 3 4 “Section 14-1-204. The seventy one hundred dollar filing fee for 5 documents and actions described in Section 8-21-310(11)(a) must 6 be remitted to the county in which the proceeding is instituted, and 7 fifty-six percent of these filing fee revenues must be delivered to 8 the county treasurer to be remitted monthly by the fifteenth day of 9 each month to the State Treasurer. When a payment is made to the 10 county in installments, the state’s portion must be remitted to the 11 State Treasurer by the county treasurer on a monthly basis. 12 The fifty-six percent of the seventy one hundred dollar fee 13 prescribed in Section 8-21-310(11)(a) remitted to the State 14 Treasurer must be deposited as follows: 15 (1) 45.03 31.52 percent to the state general fund; 16 (2) 10.33 7.23 percent to the Department of Mental Health to 17 be used exclusively for the treatment and rehabilitation of drug 18 addicts within the department’s addiction center facilities; 19 (3) 6.38 4.47 percent to the State Office of Victim 20 Assistance under the South Carolina Victim’s Compensation Fund; 21 and 22 (4) 38.26 26.78 percent to the Defense of Indigents Per 23 Capita Fund, administered by the Commission on Indigent 24 Defense, which shall must then distribute these funds on December 25 thirty-first and on June thirtieth of each year to South Carolina 26 organizations that are grantees of the Legal Services Corporation, 27 in amounts proportionate to each recipient’s share of the state’s 28 poverty population; and 29 (5) 30.00 percent to the South Carolina Judicial 30 Department.” 31 32 SECTION 4. Section 20-7-1440(C) of the 1976 Code is amended 33 to read: 34 35 “(C) In actions for support for the spouse or dependent children, 36 when paid through the court or through a centralized wage 37 withholding system operated by the Department of Social Services 38 and not directly, the court shall must assess costs against the party 39 required to pay the support in the amount of three five percent of 40 the support paid, which costs must be in addition to the support 41 money paid. The revenue from the costs must be remitted as 42 provided in Section 14 - 1 - 203.” 43

1 [873] 5 1 SECTION 5. Section 36-9-525(a) of the 1976 Code, as added by 2 Act 67 of 2001, is further amended to read: 3 4 “(a) Except as otherwise provided in subsection (e), the fee for 5 filing and indexing a record under this part, other than an initial 6 financing statement of the kind described in subsection (b), is the 7 amount specified in subsection (c), if applicable, plus: 8 (1) eight dollars if the record is communicated in writing and 9 consists of one or two pages; 10 (2) ten dollars if the record is communicated in writing and 11 consists of more than two pages; and 12 (3) ten dollars if the record is communicated by another 13 medium authorized by filing-office rule 14 two dollars for the first page and one dollar for each additional 15 page.” 16 17 SECTION 6. Section 38-53-70 of the 1976 Code is amended to 18 read: 19 20 “Section 38-53-70. If a defendant fails to appear at a court 21 proceeding to which he has been summoned, the court must issue a 22 bench warrant for the defendant. If the surety fails to surrender the 23 defendant or place a hold on the defendant’s release from 24 incarceration, commitment, or institutionalization within thirty 25 days of the issuance of the bench warrant, the bond shall be 26 forfeited. At any time before execution is issued on a judgment of 27 forfeiture against a defendant or his surety, the court may direct 28 that the judgment be remitted in whole or in part, upon conditions 29 as the court may impose, if it appears that justice requires the 30 remission of part or all of the judgment. In making a 31 determination as to remission of the judgment, the court shall must 32 consider the costs to the State or any county or municipality 33 resulting from the necessity to continue or terminate the 34 defendant’s trial and the efforts of law enforcement officers or 35 agencies to locate the defendant. The court in its discretion may 36 permit the surety to pay the estreatment in installments for a period 37 of up to six months; however, the surety must pay a handling fee to 38 the court in an amount equal to four percent of the value of the 39 bond. If at any time during the period in which installments are to 40 be paid the defendant is surrendered to the appropriate detention 41 facility and the surety complies with the re-commitment 42 procedures, the surety shall be is relieved of any further liability.” 43

1 [873] 6 1 SECTION 7. The 1976 Code is amended by adding: 2 3 “Section 8-21-320. There is assessed for every motion made in 4 the court of common pleas and family court, not including motions 5 made in family court juvenile delinquency proceedings, a fee of 6 twenty-five dollars. The fee must accompany each motion filed. 7 The Supreme Court has authority to issue administrative rules to 8 exempt from the motion fee certain family court matters involving 9 rules to show cause in child and spousal support matters. The 10 Supreme Court may waive the filing fees imposed by this section 11 upon a proper showing of indigency. The revenue from this fee 12 must be collected by the clerk of court in each court and remitted 13 to the State Treasurer and credited to a separate judicial 14 department support fund for the exclusive use of the judicial 15 department.” 16 17 SECTION 8. This act takes effect July 1, 2002. 18 ----XX----

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