TRANSFER FEE COVENANT ACT Senate SponsorsSen. A. J. Wilhelmi-Kirk W. Dillard-Dale A. Righter-Toi W. Hutchinson House Sponsors(Rep. John A. Fritchey-Robert W. Pritchard-Linda Chapa LaVia-Carol A. Sente, Randy Ramey, Jr. and Franco Coladipietro) 7/27/2010SenatePublic Act . . . . . . . . . 96-1345 New ActCreates the Transfer Fee Covenant Act. States legislative findings and declares that transfer fee covenants violate the public policy of favoring the transferability of real property free of unreasonable restraints. Defines transfer, transfer fee, and transfer fee covenant. Provides that a transfer fee covenant or a lien to secure the payment of a transfer fee that is recorded after the effective date is void, unenforceable, and does not run with the title to the real property. Provides that it cannot be presumed that the provisions of this Act mean that a transfer fee covenant or lien recorded before the effective date is valid and enforceable.House Committee Amendment No. 1 Adds to list of items that are not transfer fees, for purposes of the Act, the following: any fee or other amount payable to an entity exempt from taxation under the Internal Revenue Code whose purpose includes the conservation of land, natural areas, open space, or water areas or the preservation of native plants, animals, biotic communities, or geographic formations located within the same development or within one-half mile of the property to which the transfer fee covenant attaches. 2/11/2010SenateFiled with Secretary by Sen. A. J. Wilhelmi 2/11/2010SenateFirst Reading 2/11/2010SenateReferred to Assignments 2/24/2010SenateAssigned to Judiciary 2/25/2010SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard 2/25/2010SenateAdded as Chief Co-Sponsor Sen. Dale A. Righter 3/3/2010SenateDo Pass Judiciary; 008-000-000 3/3/2010SenatePlaced on Calendar Order of 2nd Reading March 4, 2010 3/11/2010SenateSecond Reading 3/11/2010SenatePlaced on Calendar Order of 3rd Reading March 12, 2010 3/15/2010SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson 3/15/2010SenateThird Reading - Passed; 046-000-000 3/16/2010HouseArrived in House 3/16/2010HouseChief House Sponsor Rep. John A. Fritchey 3/16/2010HousePlaced on Calendar Order of First Reading 3/16/2010HouseAdded Alternate Chief Co-Sponsor Rep. Robert W. Pritchard 3/16/2010HouseFirst Reading 3/16/2010HouseReferred to Rules Committee 3/23/2010HouseAdded Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia 3/23/2010HouseAdded Alternate Chief Co-Sponsor Rep. Carol A. Sente 3/23/2010HouseAdded Alternate Co-Sponsor Rep. Randy Ramey, Jr. 3/25/2010HouseAdded Alternate Co-Sponsor Rep. Franco Coladipietro 4/8/2010HouseAssigned to Judiciary I - Civil Law Committee 4/21/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee 4/21/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote 4/21/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 017-000-000 4/21/2010HousePlaced on Calendar 2nd Reading - Short Debate 4/23/2010HouseSecond Reading - Short Debate 4/23/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/29/2010HouseThird Reading - Short Debate - Passed 115-001-000 4/30/2010SenateSecretary's Desk - Concurrence House Amendment(s) 1 4/30/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 3, 2010 5/3/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi 5/3/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/3/2010SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary 5/4/2010SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000 5/4/2010SenateHouse Committee Amendment No. 1 Senate Concurs 053-000-002 5/4/2010SenatePassed Both Houses 6/2/2010SenateSent to the Governor 7/27/2010SenateGovernor Approved 7/27/2010SenateEffective Date January 1, 2011 7/27/2010SenatePublic Act . . . . . . . . . 96-1345