H 4612 General Bill, By Witherspoon, Bailey, J.M. Baxley, T. Brown, Gamble, 
H.G. Hutson, Kirsh, Koon, L.H. Limbaugh, Lloyd, L.M. Martin, D.E. McTeer, 
Moody-Lawrence, Riser, Sharpe, J.S. Shissias, Stille, Tripp, J.W. Tucker, 
Wilkins, H.G. Worley and W.J. Young
 A Bill to amend Section 12-37-250, as amended, Code of Laws of South Carolina,
 1976, relating to the homestead exemption for persons sixty-five years of age
 or older or permanently and totally disabled, so as to allow the exemption to
 be claimed for a tax year in which a person eligible for the exemption
 relocates and to provide for adjusting the tax due on the former residence.

   02/14/96  House  Introduced and read first time HJ-10
   02/14/96  House  Referred to Committee on Ways and Means HJ-10

A BILL

TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, SO AS TO ALLOW THE EXEMPTION TO BE CLAIMED FOR A TAX YEAR IN WHICH A PERSON ELIGIBLE FOR THE EXEMPTION RELOCATES AND TO PROVIDE FOR ADJUSTING THE TAX DUE ON THE FORMER RESIDENCE.

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

SECTION 1. Section 12-37-250 of the 1976 Code, as last amended by Act 54 of 1991, is further amended by adding a paragraph at the end to read:

"The December thirty-first preceding the property tax year control date for determining eligibility for the exemption allowed by this section does not apply when a person eligible for the exemption relocates during the tax year. Upon application to the county auditor on a form prescribed by the Comptroller General filed before the first penalty date for paying taxes for the year of the relocation and if the dwelling place to which the person has relocated otherwise qualifies for the exemption, the exemption applies to the new dwelling as if the person had occupied the new dwelling place and not the former dwelling place on the preceding December thirty-first. The auditor of the county in which the former dwelling place is located shall adjust the tax due on the former residence as appropriate, but the late payment penalties imposed pursuant to Section 12-45-180 do not apply to any increased tax due attributable to this paragraph."

SECTION 2. Upon approval by the Governor, this act is effective for property tax years beginning after 1995.