S 0961 General Bill, By Wilson, Elliott, Gregory and Rankin

Similar(H 4303)
 A BILL TO AMEND SECTIONS 12-51-40, 12-51-50, AND 12-51-90, ALL AS AMENDED,
 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCED COLLECTION OF
 PROPERTY TAXES, TAX SALES, AND REDEMPTION OF PROPERTY SOLD AT A TAX SALE, SO
 AS TO REQUIRE THE TAX SALE ADVERTISEMENT TO REFER TO THE TERMS OF THE SALE AND
 THE APPLICABLE PENALTIES FOR A DEFAULTING BIDDER; TO AUTHORIZE PAYMENT OF
 DELINQUENT TAXES AT ANY TIME BEFORE BIDDING IS CLOSED ON A PARCEL AND REQUIRE
 THE PERSON CONDUCTING THE SALE TO GIVE NOTICE OF THIS OPPORTUNITY BEFORE THE
 SALE BEGINS AND REQUIRE THE SOLICITATION OF PAYMENT FROM THE DELINQUENT
 TAXPAYER OR HIS REPRESENTATIVE BEFORE THE SALE ENDS; AND TO PROVIDE THAT
 INTEREST ON THE SUCCESSFUL TAX BID ACCRUES AT THE RATE OF TWO-THIRDS OF ONE
 PERCENT A MONTH OR PART OF A MONTH FOR ALL PROPERTY DURING THE ONE-YEAR
 REDEMPTION PERIOD.

   12/07/99  Senate Prefiled
   12/07/99  Senate Referred to Committee on Finance
   01/11/00  Senate Introduced and read first time SJ-41
   01/11/00  Senate Referred to Committee on Finance SJ-41

TO AMEND SECTIONS 12-51-40, 12-51-50, AND 12-51-90, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCED COLLECTION OF PROPERTY TAXES, TAX SALES, AND REDEMPTION OF PROPERTY SOLD AT A TAX SALE, SO AS TO REQUIRE THE TAX SALE ADVERTISEMENT TO REFER TO THE TERMS OF THE SALE AND THE APPLICABLE PENALTIES FOR A DEFAULTING BIDDER; TO AUTHORIZE PAYMENT OF DELINQUENT TAXES AT ANY TIME BEFORE BIDDING IS CLOSED ON A PARCEL AND REQUIRE THE PERSON CONDUCTING THE SALE TO GIVE NOTICE OF THIS OPPORTUNITY BEFORE THE SALE BEGINS AND REQUIRE THE SOLICITATION OF PAYMENT FROM THE DELINQUENT TAXPAYER OR HIS REPRESENTATIVE BEFORE THE SALE ENDS; AND TO PROVIDE THAT INTEREST ON THE SUCCESSFUL TAX BID ACCRUES AT THE RATE OF TWO-THIRDS OF ONE PERCENT A MONTH OR PART OF A MONTH FOR ALL PROPERTY DURING THE ONE-YEAR REDEMPTION PERIOD.

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

SECTION 1. Section 12-51-40(d) of the 1976 Code is amended to read:

"(d) The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent Tax Sale'. It shall must include the delinquent taxpayer's name and the description of the property, a reference to the county auditor's map-block-parcel number being sufficient for a description of realty. The advertising must be published once a week prior to the legal sales date for three consecutive weeks for the sale of real property, and two consecutive weeks for the sale of personal property. All expense expenses of the levy, seizure, and sale must be added and collected as additional costs, and shall must include, but not be limited to, the expense of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices. When the real property is divisible, the tax assessor, county treasurer, and county auditor shall ascertain that portion of the property that is sufficient to realize a sum upon sale sufficient to satisfy the payment of the taxes, assessments, penalties, and costs. In such those cases, the officer shall partition the property and furnish a legal description of it. All advertisements for the sale must include the sale terms and penalties applicable to a successful bidder who defaults."

SECTION 2. Section 12-51-50 of the 1976 Code, as last amended by Act 146 of 1997, is further amended to read:

"Section 12-51-50. (A) The property duly advertised must be sold by the person officially charged with the collection of delinquent taxes at public auction at the courthouse or other convenient place within the county, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. In case If the defaulting taxpayer has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may be sold.

(B) The defaulting taxpayer or the taxpayer's agent may pay the delinquent taxes, assessments, penalties, and costs up until the time the property is sold, regardless of any bidding. Payment must be in legal tender, as provided in Section 12-51-50, paid before bidding is closed on the property. When payment is made, any outstanding bids are cancelled and the sale as to that parcel is cancelled. Before bidding begins on a parcel, the person conducting the sale shall advise those in attendance that the sale must be cancelled if the delinquency is paid before the sale ends and the person conducting the sale, before closing the bidding on a parcel, shall solicit payments of the delinquency by the delinquent taxpayer or the taxpayer's representative."

SECTION 3. Section 12-51-90 of the 1976 Code, as last amended by Act 332 of 1996, is further amended to read:

"Section 12-51-90. The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may redeem within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with eight percent interest at the rate of two-thirds of one percent a month or part of a month on the whole amount of the delinquent tax sale bid. In the case of a redemption in the last six months of the redemption period, for all real property except that classified pursuant to Section 12-43-220(c) at the time of the delinquent sale, the applicable rate of interest is twelve percent. If, prior to before the expiration of the redemption period, the purchaser assigns his interest in any real property purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book."

SECTION 4. This act takes effect upon approval by the Governor and applies for property tax delinquencies occurring on and after that date.