South Carolina General Assembly
114th Session, 2001-2002

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Bill 4386


                    Current Status

Bill Number:                      4386
Ratification Number:              383
Act Number:                       297
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020108
Primary Sponsor:                  Witherspoon
All Sponsors:                     Witherspoon, Littlejohn, W.D. Smith, 
                                  Vaughn, Altman, Walker, Knotts
Drafted Document Number:          l:\council\bills\bbm\10565htc02.doc
Date Bill Passed both Bodies:     20020522
Date of Last Amendment:           20020509
Governor's Action:                S
Date of Governor's Action:        20020603
Subject:                          Homestead exemption, personal 
                                  representative for estate of deceased taxpayer 
                                  is deemed the agent for purposes of applying 
                                  for


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020617  Act No. A297
------  20020603  Signed by Governor
------  20020528  Ratified R383
House   20020522  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020515  Read third time, returned to House
                  with amendment
Senate  20020509  Amended, read second time, 
                  notice of general amendments
Senate  20020508  Committee report: Favorable            06 SF
Senate  20020418  Introduced, read first time,           06 SF
                  referred to Committee
House   20020418  Read third time, sent to Senate
House   20020417  Amended, read second time
House   20020416  Co-Sponsor added (Rule 5.2) by Rep.            Knotts
House   20020411  Committee report: Favorable with       30 HWM
                  amendment
House   20020108  Introduced, read first time,           30 HWM
                  referred to Committee
House   20011205  Prefiled, referred to Committee        30 HWM


              Versions of This Bill
Revised on April 11, 2002 - Word format
Revised on April 17, 2002 - Word format
Revised on May 8, 2002 - Word format
Revised on May 9, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A297, R383, H4386)

AN ACT TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED TAXPAYER FOR ALL PURPOSES OF APPLYING FOR THE ASSESSMENT RATIO AND EXEMPTION AND ANY CLAIM FOR REFUND ARISING THEREUNDER, TO CLARIFY THAT A REFUND MAY BE CLAIMED FOR THE PRECEDING TAX YEAR WHEN A TAXPAYER OVERPAYING A RESIDENCE ASSESSMENT AT FOUR PERCENT FAILED TO APPLY FOR THE HOMESTEAD EXEMPTION AND TO ALLOW THESE APPLICATIONS AND CLAIMS FOR REFUND FOR PROPERTY TAX YEARS BEGINNING AFTER 2000.

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

Property tax, claims for refund

SECTION 1. Section 12-37-252 of the 1976 Code is amended by adding at the end:

"(C) Notwithstanding any other provision of law, if a deceased taxpayer failed to claim the assessment ratio allowed pursuant to Section 12-43-220(c) or the exemption allowed pursuant to Section 12-37-250, or both, before the date of the taxpayer's death, then the personal representative of the deceased taxpayer's estate is deemed the agent of the deceased taxpayer for purposes of the applications required pursuant to these sections and any claim for refund arising pursuant to resulting overpayments. The timeliness of the filing by a personal representative of applications or claims for refund under this subsection and the property tax years to which they apply are determined by those property tax years open to the deceased taxpayer immediately before the taxpayer's death.

(D) Notwithstanding any other provision of law, when a person applies for the exemption allowed pursuant to Section 12-37-250 and was qualified for this exemption in the prior tax year in addition to the current tax year, the person may be certified for the exemption, not to extend beyond the immediate preceding tax year."

Time effective

SECTION 2. This act takes effect upon approval by the Governor and applies for property tax years beginning after 2000. The deadline for filing an application for the four percent assessment ratio and the homestead exemption, or both, and any claims for refund arising thereunder, for property tax year 2001 is extended through the sixtieth day following the approval of this act by the Governor.

Ratified the 28th day of May, 2002.

Approved the 3rd day of June, 2002.

__________


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