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S 159 Session 112 (1997-1998)
S 0159 General Bill, By Giese, Bryan, Courson, Elliott, Hayes, Holland, Jackson,
Lander, McGill, Mescher, Passailaigue, Reese, Setzler, J.V. Smith and Wilson
Similar(H 3308)
A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE,
TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO RAISE THE
EXEMPTION FROM TWENTY TO TWENTY-FIVE THOUSAND DOLLARS.
01/14/97 Senate Introduced and read first time SJ-142
01/14/97 Senate Referred to Committee on Finance SJ-142
A BILL
TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE
SIXTY-FIVE, TOTALLY AND PERMANENTLY DISABLED OR
LEGALLY BLIND, SO AS TO RAISE THE EXEMPTION FROM
TWENTY TO TWENTY-FIVE THOUSAND DOLLARS.
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 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 1996.
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