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4570Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020123Primary Sponsor: KnottsAll Sponsors: KnottsDrafted Document Number: l:\council\bills\bbm\10557htc02.docResiding Body: HouseCurrent Committee: Ways and Means Committee 30 HWMSubject: Tax sale advertisement to include sale terms and applicable penalties for defaulting bidderHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020123 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTIONS 12-51-40 AND 12-51-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCED COLLECTION OF PROPERTY TAXES AND TAX SALES, SO AS TO REQUIRE THE TAX SALE ADVERTISEMENT TO REFER TO THE TERMS OF THE SALE AND THE APPLICABLE PENALTIES FOR A DEFAULTING BIDDER AND TO AUTHORIZE PAYMENT OF DELINQUENT TAXES AT ANY TIME BEFORE BIDDING IS CLOSED ON A PARCEL AND REQUIRE THE PERSON CONDUCTING THE SALE TO GIVE NOTICE OF THIS OPPORTUNITY BEFORE THE SALE BEGINS AND REQUIRE THE SOLICITATION OF PAYMENT FROM THE DELINQUENT TAXPAYER OR HIS REPRESENTATIVE BEFORE THE SALE ENDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-51-40(d) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(d) The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent Tax Sale'. It must include the delinquent taxpayer's name and the description of the property, a reference to the county auditor's map-block-parcel number being sufficient for a description of realty. All advertisements for the sale must include the sale terms and penalties applicable to a successful bidder who defaults. The advertising must be published once a week before the legal sales date for three consecutive weeks for the sale of real property, and two consecutive weeks for the sale of personal property. All expenses of the levy, seizure, and sale must be added and collected as additional costs, and must include, but not be limited to, the expenses of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices. When the real property is divisible, the tax assessor, county treasurer, and county auditor may ascertain that portion of the property that is sufficient to realize a sum upon sale sufficient to satisfy the payment of the taxes, assessments, penalties, and costs. In those cases, the officer may partition the property and furnish a legal description of it."
SECTION 2. Section 12-51-50 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-51-50. (A) The property duly advertised must be sold, by the person officially charged with the collection of delinquent taxes, at public auction at the courthouse or other convenient place within the county, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the delinquent taxes, assessments, penalties, and costs, further items may not be sold.
(B) The defaulting taxpayer or the taxpayer's agent may pay the delinquent taxes, assessments, penalties, and costs up until the time the property is sold, regardless of any bidding. Payment must be in legal tender, as provided in Section 12-51-50, paid before bidding is closed on the property. When payment is made, any outstanding bids are cancelled and the sale as to that parcel is cancelled. Before bidding begins on a parcel, the person conducting the sale shall advise those in attendance that the sale must be cancelled if the delinquency is paid before the sale ends and the person conducting the sale, before closing the bidding on a parcel, shall solicit payments of the delinquency by the delinquent taxpayer or the taxpayer's representative."
SECTION 3. This act takes effect upon approval by the Governor and applies for executions for delinquent taxes issued on and after that date.
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