S*0307(Rat #0166, Act #0108 of 1989)  General Bill, By Senate Finance
 A Bill to amend Section 12-37-250, Code of Laws of South Carolina, 1976,
 relating to the homestead exemption, so as to provide for the exemption to be
 granted for the succeeding tax year if application is made after July
 fifteenth and if the person qualifies under this Section when the application
 is made, and provide for additional circumstances under which a dwelling place
 is exempt from taxes when the person who was entitled to an exemption on the
 place dies.-amended title

   02/02/89  Senate Introduced, read first time, placed on calendar
                     without reference SJ-10
   02/07/89  Senate Amended SJ-20
   02/07/89  Senate Read second time SJ-21
   02/07/89  Senate Ordered to third reading with notice of
                     amendments SJ-21
   02/08/89  Senate Amended SJ-16
   02/08/89  Senate Read third time and sent to House SJ-16
   02/09/89  House  Introduced and read first time HJ-8
   02/09/89  House  Referred to Committee on Ways and Means HJ-8
   04/20/89  House  Committee report: Favorable with amendment Ways
                     and Means HJ-20
   05/03/89  House  Amended HJ-21
   05/03/89  House  Read second time HJ-22
   05/04/89  House  Read third time and returned to Senate with
                     amendments HJ-17
   05/12/89  Senate Concurred in House amendment and enrolled SJ-3
   05/25/89         Ratified R 166
   05/30/89         Signed By Governor
   05/30/89         Effective date 05/30/89
   05/30/89         Act No. 108
   06/07/89         Copies available

AN ACT TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR THE EXEMPTION TO BE GRANTED FOR THE SUCCEEDING TAX YEAR IF APPLICATION IS MADE AFTER JULY FIFTEENTH AND IF THE PERSON QUALIFIES UNDER THIS SECTION WHEN THE APPLICATION IS MADE, AND PROVIDE FOR ADDITIONAL CIRCUMSTANCES UNDER WHICH A DWELLING PLACE IS EXEMPT FROM TAXES WHEN THE PERSON WHO WAS ENTITLED TO AN EXEMPTION ON THE PLACE DIES.

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

Exemption granted for succeeding tax year

SECTION 1. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:

"The first twenty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."

Additional circumstances for exemption upon death

SECTION 2. The fourth paragraph of Section 12-37-250 of the 1976 Code is amended to read:

"When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place."

Applicable tax years

SECTION 3. The provisions of the first paragraph of Section 12-37-250, as amended by Section 1 of this act, are effective for tax years beginning after December 31, 1988.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.