S 1250 Session 111 (1995-1996)
S 1250 General Bill, By Land, Giese, O'Dell and Peeler
Similar(H 4796)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860,
12-37-2870, and 12-37-2880 so as to provide certain definitions, that the
Department of Public Safety annually shall assess, equalize, and apportion the
valuation of all motor carrier vehicles, that the value of motor carrier
vehicles subject to property tax must be determined by the Department of
Public Safety and that this property tax must be paid to the Department
annually, the method that the taxes must be disbursed, that in lieu of the
property tax and registration requirements, a one-time fee may be paid under
certain circumstances and the distribution of this fee, and to provide an
exemption from property taxes for certain motor vehicles.
03/14/96 Senate Introduced and read first time SJ-3
03/14/96 Senate Referred to Committee on Finance SJ-3
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820,
12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870,
AND 12-37-2880 SO AS TO PROVIDE CERTAIN
DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC
SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND
APPORTION THE VALUATION OF ALL MOTOR CARRIER
VEHICLES, THAT THE VALUE OF MOTOR CARRIER
VEHICLES SUBJECT TO PROPERTY TAX MUST BE
DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY
AND THAT THIS PROPERTY TAX MUST BE PAID TO THE
DEPARTMENT ANNUALLY, THE METHOD THAT THE
TAXES MUST BE DISBURSED, THAT IN LIEU OF THE
PROPERTY TAX AND REGISTRATION REQUIREMENTS, A
ONE-TIME FEE MAY BE PAID UNDER CERTAIN
CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE,
AND TO PROVIDE AN EXEMPTION FROM PROPERTY
TAXES FOR CERTAIN MOTOR VEHICLES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 37, Title 12 of the 1976 Code is amended
by adding:
"Section 12-37-2810. As used in this chapter, unless the
context requires otherwise:
(A) `Motor carrier' means a person who owns, controls,
operates, manages, or leases a motor vehicle for the transportation
of property in intrastate or interstate commerce. Motor carriers are
further defined as being a South Carolina based International
Registration Plan registrant or owning or leasing real property
within this State used directly in the transportation of freight.
(B) `Motor vehicle' means a motor propelled vehicle used for
the transportation of property on a public highway with a gross
vehicle weight of greater than twenty-six thousand pounds.
(C) `Highway' means all public roads, highways, streets, and
ways in this State, whether within a municipality or outside of a
municipality.
(D) `Person' means any individual, corporation, firm,
partnership, company or association, and includes a guardian,
trustee, executor, administrator, receiver, conservator, or a person
acting in a fiduciary capacity.
(E) `Semi-trailers' means every vehicle with or without motive
power, other than a pole trailer, designed for carrying property and
for being drawn by a motor vehicle and constructed so that a part
of its weight and of its load rests upon or is carried by another
vehicle.
(F) `Trailers' means every vehicle with or without motive
power, other than a pole trailer, designed for carrying property and
for being drawn by a motor vehicle and constructed so that no part
of its weight rests upon the towing vehicle.
Section 12-37-2820. The Department of Public Safety annually
shall assess, equalize, and apportion the valuation of all motor
vehicles of motor carriers. The valuation must be based on fair
market value for the motor vehicles and an assessment ratio of nine
and one-half percent as provided by Section 12-43-220(g). Fair
market value is determined by depreciating the gross capitalized
cost of each motor vehicle by an annual percentage depreciation
allowance down to ten percent of the cost as follows:
(1) Year One - .90
(2) Year Two - .80
(3) Year Three - .65
(4) Year Four - .50
(5) Year Five - .35
(6) Year Six - .25
(7) Year Seven - .20
(8) Year Eight - .15
(9) Year Nine - .10
Section 12-37-2830. The value of motor carrier's vehicles
subject to property taxes in this State must be determined by the
Department of Public Safety based on the ratio of total mileage
operated within this State during the preceding calendar year to the
total mileage of its entire fleet operated within and without this
State during the same preceding calendar year.
Section 12-37-2840. Motor carriers must file an annual property
tax return with the Department of Public Safety no later than the
thirtieth day of June for the preceding calendar year with one-half
or the entire tax due.
Section 12-37-2850. The Department of Public Safety shall
assess annually the taxes due based on the value determined in
Section 12-28-2820 and an average millage for all purposes
statewide for the current year. The average millage may be
increased to cover any loss of revenue from not licensing trailers
incurred by the Department of Public Safety. The taxes assessed
must be paid to the Department of Public Safety no later than
December thirty-first of each year and may be made in two equal
installments. Distribution of the taxes must be made by the
Treasurer's Office based on the distribution formula contained in
Section 12-37-2870.
Section 12-37-2860. In lieu of the property taxes and
registration requirements after the initial registration on semitrailers,
a one-time fee of eighty-seven dollars is due on all semitrailers
currently registered and subsequently on each semitrailer before
being placed in service. Twelve dollars of the one-time fee must be
distributed to the Department of Public Safety. The remaining
seventy-five dollars of the fee must be distributed based on the
distribution formula contained in Section 12-37-2870.
Section 12-37-2870. The distribution for each county must be
determined on the ratio of total federal and state highway miles
within each county during the preceding calendar year to the total
federal and state highway miles within all counties of this State
during the same preceding calendar year.
Section 12-37-2880. Motor vehicles, as defined in Section
12-37-2810, owned, operated, managed, or leased by a motor
carrier are exempt from property tax."
SECTION 2. This act, upon approval by the Governor, takes
effect for the calendar years beginning after December 31, 1996.
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