H*3018(Rat #0088, Act #0076 of 2009)  General Bill, By E.H. Pitts, Huggins, 
Gunn, Bales, Limehouse, Barfield, Hardwick, Hearn, Edge, Gambrell, Thompson, 
Bowen, Harrison, Umphlett, Sandifer, Herbkersman, G.M. Smith, Lowe, Vick, 
H.B. Brown, R.L. Brown, Viers, Clemmons, Ballentine, Mitchell and M.A. Pitts
 AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX
 THE VALUE OF IMPROVEMENTS TO REAL PROPERTY CONSISTING OF A NEWLY CONSTRUCTED
 DETACHED SINGLE FAMILY HOME THROUGH THE EARLIER OF THE PROPERTY TAX IN WHICH
 THE HOME IS SOLD OR OTHERWISE OCCUPIED, OR THE SIXTH PROPERTY TAX YEAR ENDING
 DECEMBER THIRTY-FIRST AFTER THE HOME IS COMPLETED AND A CERTIFICATE FOR
 OCCUPANCY ISSUED THEREON IF REQUIRED AND TO PROVIDE THE METHOD OF APPLYING FOR
 THE EXEMPTION; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO
 CLASSIFICATIONS AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS
 TO REVISE AN ELIGIBILITY REQUIREMENT TO RECEIVE THE FOUR PERCENT ASSESSMENT
 RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY. - ratified title

   12/09/08  House  Prefiled
   12/09/08  House  Referred to Committee on Ways and Means
   01/13/09  House  Introduced and read first time HJ-23
   01/13/09  House  Referred to Committee on Ways and Means HJ-24
   01/28/09  House  Member(s) request name added as sponsor: Huggins
   02/24/09  House  Member(s) request name added as sponsor: Gunn
   02/25/09  House  Member(s) request name added as sponsor: Bales
   03/10/09  House  Member(s) request name added as sponsor:
                     Limehouse, Barfield, Hardwick, Hearn, Edge,
                     Gambrell, Thompson, Bowen, Harrison, Umphlett,
                     Sandifer, Herbkersman, G.M.Smith, Lowe, Vick,
                     H.B.Brown
   03/26/09  House  Member(s) request name added as sponsor: R.L.Brown
   03/31/09  House  Committee report: Favorable with amendment Ways
                     and Means HJ-13
   04/01/09  House  Member(s) request name added as sponsor: Viers,
                     Clemmons, Ballentine
   04/02/09  House  Member(s) request name added as sponsor:
                     Mitchell, M.A.Pitts
   04/02/09  House  Amended HJ-37
   04/02/09  House  Read second time HJ-39
   04/02/09  House  Unanimous consent for third reading on next
                     legislative day HJ-39
   04/03/09  House  Read third time and sent to Senate
   04/06/09         Scrivener's error corrected
   04/14/09  Senate Introduced and read first time SJ-15
   04/14/09  Senate Referred to Committee on Finance SJ-15
   04/15/09  Senate Referred to Subcommittee: Hayes (ch), Land,
                     Courson, Matthews, Grooms
   05/12/09  Senate Committee report: Favorable with amendment Finance SJ-8
   05/13/09         Scrivener's error corrected
   05/13/09  Senate Committee Amendment Adopted SJ-79
   05/14/09         Scrivener's error corrected
   05/14/09  Senate Read second time SJ-29
   05/19/09  Senate Read third time and returned to House with
                     amendments SJ-19
   05/20/09  House  Concurred in Senate amendment and enrolled HJ-48
   05/20/09  House  Roll call Yeas-99  Nays-0 HJ-48
   05/27/09         Ratified R 88
   06/02/09         Vetoed by Governor
   06/16/09  House  Veto overridden by originating body Yeas-111 
                     Nays-1 HJ-107
   06/16/09  Senate Veto overridden Yeas-42  Nays-2
   06/22/09         Effective date See Act for Effective Date
   06/24/09         Act No. 76

(A76, R88, H3018)

AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX THE VALUE OF IMPROVEMENTS TO REAL PROPERTY CONSISTING OF A NEWLY CONSTRUCTED DETACHED SINGLE FAMILY HOME THROUGH THE EARLIER OF THE PROPERTY TAX IN WHICH THE HOME IS SOLD OR OTHERWISE OCCUPIED, OR THE SIXTH PROPERTY TAX YEAR ENDING DECEMBER THIRTY-FIRST AFTER THE HOME IS COMPLETED AND A CERTIFICATE FOR OCCUPANCY ISSUED THEREON IF REQUIRED AND TO PROVIDE THE METHOD OF APPLYING FOR THE EXEMPTION; AND TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATIONS AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO REVISE AN ELIGIBILITY REQUIREMENT TO RECEIVE THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.

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

Property tax exemption allowed

SECTION    1.    Section 12-37-220(B) of the 1976 Code, as last amended by Act 357 of 2008, is further amended by adding a new item at the end appropriately numbered to read:

"( )    one hundred percent of the value of an improvement to real property consisting of a newly constructed detached single family home offered for sale by a residential builder or developer through the earlier of:

(a)    the property tax year in which the home is sold or otherwise occupied; or

(b)    the property tax year ending the sixth December thirty-first after the home is completed and a certificate of occupancy, if required, is issued thereon.

In lieu of other exemption application requirements, the owner of property eligible for the exemption allowed by this item shall obtain the exemption by notifying the county assessor and county auditor by written affidavit no later than thirty days after the certificate of occupancy is issued and no later than January thirty-first in subsequent exemption eligibility years that the property is of the type eligible for the exemption and unoccupied and if found in order, the exemption is allowed for the applicable property tax year. If the unsold residence is occupied at any time before eligibility for the exemption ends, the owner shall so notify the auditor and assessor and the exemption ends as provided in subitem (a) of this item."

Requirements for four percent assessment ratio revised

SECTION    2.    Section 12-43-220(c)(2)(iii) of the 1976 Code is amended to read:

"(iii)        For purposes of subitem (ii)(B) of this item, 'a member of my household' means:

(A)    the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and

(B)    any child under the age of eighteen years of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor and Section 1 applies for single family homes completed and, if required, a certificate of occupancy issued thereon after 2006. No refunds are allowed for property tax years 2007 and 2008 as a result of the exemption allowed pursuant to this act.

Ratified the 27th day of May, 2009.

Vetoed by the Governor -- 6/2/09.

Veto overridden by House -- 6/16/09.

Veto overridden by Senate -- 6/16/09.