South Carolina General Assembly
113th Session, 1999-2000

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Bill 3438


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3438
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990203
Primary Sponsor:                  Bales
All Sponsors:                     Bales, J.H. Neal, Scott, Clyburn, Gilham, 
                                  G. Brown, Neilson, Inabinett, Cobb-Hunter, 
                                  Bailey, Howard, Kennedy, Gourdine, J. Smith, 
                                  Koon, J. Hines, Rutherford, M. Hines, Cotty, 
                                  Parks, Knotts, Carnell, Taylor, T. Brown, 
                                  Rodgers, Harrison, Harris, Riser, Harvin, 
                                  Mack, Breeland, Keegan, Harrell, M. McLeod, 
                                  Lourie, Ott and Chellis
Drafted Document Number:          l:\council\bills\kgh\15272htc99.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Property tax assessments; county 
                                  appraisal and equalization program; value of; 
                                  Political Subdivisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990203  Introduced, read first time,           30 HWM
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS, TO EXCLUDE IMPROVEMENTS FROM THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, AND TO PROVIDE EXCEPTIONS.

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

SECTION 1. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )(a) An amount of fair market value of a parcel of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation of a countywide appraisal and equalization program. The exemption allowed by this item does not apply to real property valued for property tax purposes by the unit valuation method, nor does it apply to value attributable to permanent improvements made to the real property at any time after the implementation of the most recently completed countywide equalization program. If the real property is transferred, this exemption is not transferred with the property. The value of the property in the hands of the transferee is the value of the property as determined by law without the exemption allowed the transferor by this item.

(b) In the case of real property classified pursuant to Section 12-43-220(c), a transfer is deemed not to have occurred for purposes of this item if the transfer is one of the following:

(i) between spouses;

(ii) from a deceased spouse to a surviving spouse by devise or operation of law;

(iii) in any manner in which the surviving spouse retains the property tax exemption allowed pursuant to Section 12-37-250 or would have retained the exemption but for the age of the surviving spouse;

(iv) to a former spouse pursuant to equitable distribution arising out of the dissolution of a marriage.

(c) In the case of all real property other than as provided in subitem (b) of this item, a transfer is deemed not to have occurred for purposes of this item if the transfer is a transaction in which gain is not recognized and is described in Section 351, 355, 368, or 721 of the Internal Revenue Code of 1986, as defined in Section 12-6-40(A)."

SECTION 2. Upon approval by the Governor, this act is effective for increases in value of real property attributable to countywide appraisal and equalization programs implemented after 1998.

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