South Carolina General Assembly
125th Session, 2023-2024
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Indicates Matter Stricken
Indicates New Matter
S. 233
STATUS INFORMATION
General Bill
Sponsors: Senator Loftis
Document Path: SR-0041KM23.docx
Introduced in the Senate on January 10, 2023
Currently residing in the Senate
HISTORY OF LEGISLATIVE ACTIONS
Date | Body | Action Description with journal page number |
---|---|---|
11/30/2022 | Senate | Prefiled |
11/30/2022 | Senate | Referred to Committee on Education |
1/10/2023 | Senate | Introduced and read first time (Senate Journal-page 119) |
1/10/2023 | Senate | Referred to Committee on Education (Senate Journal-page 119) |
2/8/2023 | Scrivener's error corrected |
View the latest legislative information at the website
VERSIONS OF THIS BILL
A bill
to amend the South Carolina Code of Laws by amending Section 59-112-10(D), relating to the definition for domicile, so as to provide factors to consider when making a determination concerning a person's domicile; and by adding Section 59-112-15 so as to provide that temporary ABSENCE from one's domiciliary solely for the purpose of employment does not change the meaning of a DOMICILE within the meaning of this section.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-112-10(D) of the S.C. Code is amended to read:
(D) The word "domicile" shall mean a person's true, fixed, principal residence and place of habitation; it shall indicate the place where such person intends to remain, and to which such person expects to return upon leaving without establishing a new domicile in another state. For purposes of thissection one may have only one legal domicile; one is presumed to abandon automatically an old domicile upon establishing a new one. Housing provided on an academic session basis for students at State Institutions shall be presumed not to be a place of principal residence, as residency in such housing is by nature temporary. When determining a person's domicile, one must look to the totality of the circumstances and consider the following factors:
(1) a person's address reported on income tax returns;
(2) a person's real estate interests, including the address for which the legal residence tax assessment ratio is claimed pursuant to Section 12-43-220(c);
(3) a person's physical mailing address;
(4) a person's address on driver's license or other identification issued by the Department of Motor Vehicles;
(5) a person's address on legal and financial documents;
(6) a person's address on an automobile registration;
(7) a person's address utilized for membership in clubs and organizations;
(8) the location of a voter's personal property; and
(9) whether a person temporarily relocated due to medical care for himself or for a member of his immediate family.
SECTION 2. Chapter 112, Title 59 of the S.C. Code is amended by adding:
Section 59-112-15. Temporary absence from one's domiciliary state solely because of employment does not affect a change of domicile within the meaning of this section.
SECTION 3. This act takes effect upon approval by the Governor.
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This web page was last updated on May 28, 2024 at 12:21 PM