H 3572 Session 111 (1995-1996)
H 3572 General Bill, By Littlejohn, Anderson, Askins, Bailey, D.W. Beatty,
G. Brown, H. Brown, T. Brown, A.W. Byrd, Canty, Carnell, Cave, Cooper, Cotty,
J.L.M. Cromer, Dantzler, Delleney, Easterday, Fair, Fleming, Gamble,
J.L. Harris, Harrison, Harvin, Haskins, R.J. Herdklotz, J. Hines, T.E. Huff,
H.G. Hutson, Inabinett, M.F. Jaskwhich, Jennings, Keegan, Kelley, Kennedy,
W.D. Keyserling, M.H. Kinon, Kirsh, Klauber, Knotts, Koon, Law, Limehouse,
Lloyd, L.M. Martin, J.G. McAbee, McMahand, Meacham, Moody-Lawrence, J.H. Neal,
Neilson, Phillips, Quinn, Rice, Richardson, Sandifer, Seithel, J.S. Shissias,
Simrill, R. Smith, Stille, Stuart, P.H. Thomas, Tripp, Trotter, Vaughn, Walker,
Whipper, L.S. Whipper, J.M. White, Wilder, Witherspoon, S.S. Wofford,
W.J. Young and Young-Brickell
Similar(S 107)
A Bill to amend Section 12-37-250, as amended, Code of Laws of South Carolina,
1976, relating to homestead exemption, so as to increase the exemption from
twenty to forty thousand dollars phased in over four property tax years.
02/09/95 House Introduced and read first time HJ-27
02/09/95 House Referred to Committee on Ways and Means HJ-28
A BILL
TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
HOMESTEAD EXEMPTION, SO AS TO INCREASE THE
EXEMPTION FROM TWENTY TO FORTY THOUSAND
DOLLARS PHASED IN OVER FOUR PROPERTY TAX YEARS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The first paragraph of Section 12-37-250 of the
1976 Code, as last amended by Act 530 of 1990, is further
amended to read:
"The first twenty twenty-five thousand
dollars for property tax year 1995, thirty thousand dollars for
property tax year 1996, thirty-five thousand dollars for property tax
year 1997, and forty thousand dollars for property tax years after
1997 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. However, if application is
made after July fifteenth of that tax year but before the first penalty
date on property taxes for that tax year by a person qualifying
under this section when the application is made, the taxes due for
that tax year must be reduced to reflect the exemption provided in
this section. 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."
SECTION 2. Upon approval by the Governor, this act is
effective for property tax years beginning after 1994.
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