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Current Status Bill Number:View additional legislative information at the LPITS web site.442 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990203 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:l:\council\bills\kgh\15254htc99.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Property tax assessments, change in use of residence, homestead exemption, aging, handicapped History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990203 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND VALUATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT A CHANGE IN THE USE OF A RESIDENCE REQUIRES AN APPORTIONED APPLICATION OF THE APPROPRIATE ASSESSMENT RATIO ON THE RESIDENCE IN COMPUTING THE TAX ON THE RESIDENCE AND TO PROVIDE THE DATE THE USE IS DEEMED TO HAVE CHANGED; AND TO AMEND SECTIONS 12-37-250 AND 12-37-251, BOTH AS AMENDED, RELATING TO HOMESTEAD EXEMPTIONS FOR PERSONS OVER AGE SIXTY-FIVE OR WHO ARE PERMANENTLY AND TOTALLY DISABLED AND THE OWNER-OCCUPIED RESIDENTIAL PROPERTY EXEMPTION FROM OPERATING MILLAGE IMPOSED FOR SCHOOLS, SO AS TO PROVIDE THAT THESE EXEMPTIONS MUST BE PRORATED IN COMPUTING THE TAX ON THE RESIDENCE FOR THE YEAR WHEN THE USE OF THE RESIDENCE CHANGES AND TO PROVIDE THE DATE THE USE IS DEEMED TO HAVE CHANGED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-43-220(c) of the 1976 Code, as last amended by Act 442 of 1998, is further amended by adding at the end:
"(6) A residence is eligible for the four percent legal residence assessment ratio provided under this section only while the residence actually is occupied as a legal residence as determined under this section; otherwise, the residence is subject to a six percent assessment ratio, and the property taxes must be computed and apportioned accordingly. If the property is occupied as a legal residence or is no longer occupied as a legal residence on a day other than the first day of the month, then its occupancy as a legal residence is deemed to have changed on the first day of the next month."
SECTION 2. Section 12-37-250 of the 1976 Code, as last amended by Act 107 of 1997, is further amended by adding a new paragraph at the end to read:
"A residence is eligible for the exemption provided under this section only during the time the residence actually is occupied as a legal residence as determined under Section 12-43-220(c). If the property is occupied as a legal residence or is no longer occupied as a legal residence on a day other than the first day of the month, then property is deemed eligible for the exemption, or loses eligibility for the exemption provided in this section on the first day of the next month, and the exemption must be prorated accordingly in the calculation of the tax on the property."
SECTION 3. Section 12-37-251(A) of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding at the end:
"A residence is eligible for the exemption provided under this section only during the time the residence actually is occupied as a legal residence as determined under Section 12-43-220(c). If the property is occupied as a legal residence or is no longer occupied as a legal residence on a day other than the first day of the month, then its use is deemed to have changed on the first day of the next month, and the exemption must be prorated accordingly in the calculation of the tax on the property."
SECTION 4. This act takes effect January 1, 2000.
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