Bill 3181

                    Current Status

Bill Number:               3181
Ratification Number:       417
Act Number:                385
Introducing Body:          House
Subject:                   Relating to homestead exemption

(A385, R417, H3181)

AN ACT TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE DATE FOR FILING APPLICATION FOR THE EXEMPTION BE MADE BY JULY FIFTEENTH INSTEAD OF BY MAY FIRST, BEGINNING WITH THE 1986 TAX YEAR AND DELETE THE REQUIREMENT THAT ALL REAL PROPERTY TAXES MUST BE PAID ON OR BEFORE MARCH FIFTEENTH BY THOSE PERSONS MAKING APPLICATION FOR THE EXEMPTION.

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

Date of ratification changed

SECTION 1. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Section 64 of Part II of Act 512 of 1984, is further amended to read:

"The first twenty thousand dollars of the fair market value of the dwelling place of persons is exempt from county, municipal, school, and special assessment real estate property taxes when the persons have been residents of this State for at least one year, have each reached the age of sixty-five years on or before December thirty-first, or any person who has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or any person who 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. Any 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 such person using its own standards. The exemption shall include 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, on or before December thirty-first preceding the tax year in which the exemption is claimed and either has been a resident of the State for one year. The exemption may not be granted unless such persons or their agents make written application therefor on or before July fifteenth of the tax year in which the exemption is claimed. 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 shall, as directed by the Comptroller General, notify the municipality of all exemption 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."

Provisions effective for tax years beginning

after December 31, 1985

SECTION 2. The provisions of the first paragraph of Section 12-37-250, as amended by Section 1 of this act, are effective for tax years beginning after December 31, 1985.

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.