H 4695 Session 112 (1997-1998)
H 4695 General Bill, By Limehouse, Altman, Breeland, H. Brown, Campsen, Mack,
Rodgers, Seithel, Whatley and Whipper
Similar(H 3095)
A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION
12-37-224 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF OWNER OCCUPIED
RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN THE VALUE OF PERMANENT
IMPROVEMENTS AND THE PERCENTAGE INCREASE IN THE ASSESSED VALUE OF ALL TAXABLE
PROPERTIES IN THE COUNTY IN THE YEAR IMMEDIATELY PRECEDING A COUNTYWIDE
REASSESSMENT AND THE YEAR OF A COUNTYWIDE REASSESSMENT, SO LONG AS THE
PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY HIS SPOUSE; AND TO PROVIDE
THAT THE COUNTY ASSESSOR SET THE FAIR MARKET VALUE WHEN THE PROPERTY IS
TRANSFERRED.
02/25/98 House Introduced and read first time HJ-21
02/25/98 House Referred to Committee on Ways and Means HJ-21
03/11/98 House Member(s) added as co-sponsor(s): Rep(s) Rodgers HJ-16
A BILL
TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION
12-37-224 SO AS TO PROVIDE THAT THE FAIR MARKET
VALUE OF OWNER OCCUPIED RESIDENTIAL PROPERTY
MAY NOT INCREASE MORE THAN THE VALUE OF
PERMANENT IMPROVEMENTS AND THE PERCENTAGE
INCREASE IN THE ASSESSED VALUE OF ALL TAXABLE
PROPERTIES IN THE COUNTY IN THE YEAR IMMEDIATELY
PRECEDING A COUNTYWIDE REASSESSMENT AND THE
YEAR OF A COUNTYWIDE REASSESSMENT, SO LONG AS
THE PROPERTY REMAINS OCCUPIED BY THE SAME
OWNER OR BY HIS SPOUSE; AND TO PROVIDE THAT THE
COUNTY ASSESSOR SET THE FAIR MARKET VALUE WHEN
THE PROPERTY IS TRANSFERRED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 3, Chapter 37, Title 12 of the 1976 Code is
amended by adding:
"Section 12-37-224. (A) For purposes of ad valorem
taxation, and in addition to the provisions of Section 12-43-280, the
fair market value of owner-occupied residential property assessed
pursuant to Section 12-43-220(c) may not increase more than an
amount equal to the value of permanent improvements, as defined by
the Department of Revenue, made by the owner-occupant after
acquiring title and the percentage increase in the assessed value of all
taxable properties in the county in the year immediately preceding a
countywide reassessment and the year of a countywide reassessment.
(B) When the property is transferred, other than between spouses,
the county assessor shall determine the fair market value of the
property in the hands of the transferee, effective as of the date of
transfer. If the transferee qualifies as an owner-occupant, fair market
value may be increased during his term of ownership only in
accordance with subsection (A).
SECTION 2. Upon approval by the Governor, this act takes effect
for tax years beginning after December 31, 1998.
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