Current Status Bill Number:766 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970520 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:res1397.gfm Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Property tax assessments, valuations; adjustments required when damaged through wind, water, fire, destructive forces
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970520 Introduced, read first time, 06 SF referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 12-39-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTION OF PROPERTY TAX VALUATIONS, SO AS TO REQUIRE THE COUNTY TAX ASSESSOR OR BOARD OF ASSESSMENT APPEALS TO MAKE APPROPRIATE ADJUSTMENTS IN THE VALUATION AND ASSESSMENT OF ANY REAL PROPERTY WHEREIN THE PROPERTY OR ANY IMPROVEMENTS TO THE PROPERTY HAS SUSTAINED DAMAGE THROUGH WIND, WATER, FIRE OR ANY OTHER DESTRUCTIVE FORCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-39-250 of the 1976 Code is amended to read:
"(A) Section 12-39-250. At any time before the tax is paid and upon order of the assessor or Board of Appeals, the county auditor shall correct upon the duplicate for any tax year the assessment of real property on which the valuation of the real property was so excessive as to constitute an invalid assessment. At any time prior to payment of the tax the auditor shall also correct upon the duplicate for any tax year any errors that may be discovered that were made by county or state officers. At any time during the current tax year and before payment of the tax the auditor further shall correct other errors that may appear in the duplicate. At any time before the tax is paid the auditor shall also correct other errors in the duplicate when such errors invalidate or make void the collection of the tax reflected by reason of such error. If the correction results in a reduction or withdrawal of the taxes assessed or levied, the correction shall be in the form of an abatement and a record of such correction and the reasons therefor shall be maintained in an abatement book. When any personal or real property has been entered for taxation in the wrong locality, the auditor shall correct the error at any time prior to payment of the tax and charge such tax in the correct locality. Any corrections made in the duplicate by the auditor shall be entered on both the auditor's and treasurer's duplicate, except that in the case of a reduction of any assessment or tax, the auditor may furnish the treasurer with a certificate of reduction.
(B) Notwithstanding any other provision of law, the county tax assessor or the County Board of Assessment Appeals, upon application of the taxpayer, must order the County Auditor to make appropriate adjustments in the valuation and assessment of any real property and improvements which have sustained damage as a result of wind, water, fire, or any other destructive force, provided that the application for correction of the assessment is made prior to payment of the tax."
SECTION 2. This act takes effect upon approval by the Governor.