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H 3642
Session 113 (1999-2000)


H 3642 Joint Resolution, By Harrell, Wilkins, Young-Brickell, Seithel, Simrill, 
Knotts, Hinson, H. Brown, Allison, Barfield, Barrett, Beck, Cato, Cotty, 
Dantzler, Easterday, Edge, Fleming, Hamilton, Harrison, Haskins, Keegan, Kelley, 
Klauber, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McGee, McKay, 
Meacham, Rice, Riser, Rodgers, Sandifer, R. Smith, Townsend, Walker, 
Witherspoon, Woodrum and Webb
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLENext X OF THE
 CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT OF PROPERTY
 TAXES ON THE CLASS OF PROPERTY DEFINED AS "ALL OTHER PERSONAL PROPERTY", SO AS
 TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF MOTOR VEHICLES AS
 DEFINED BY LAW NOT USED IN A TRADE OR BUSINESS TAXED ON AN ASSESSMENT EQUAL TO
 TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME LESSER PERCENTAGE OF
 FAIR MARKET VALUE, INCLUDING ZERO PERCENT, THAT THE GOVERNING BODY OF THE
 COUNTY ESTABLISHES ON AN ANNUAL BASIS BY ORDINANCE; AND PROPOSING AN AMENDMENT
 TO SECTION 3, PreviousARTICLENext X, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW
 THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT FROM PROPERTY TAX LEVIED
 IN THE COUNTY ALL OR A PORTION OF THE VALUE OF A PRIVATE PASSENGER MOTOR
 VEHICLE REGISTERED IN THE COUNTY AND TO ALLOW THE GOVERNING BODY TO LIMIT THE
 EXEMPTION TO SPECIFIC CLASSES OF TAXPAYERS.

   03/02/99  House  Introduced and read first time HJ-16
   03/02/99  House  Referred to Committee on Ways and Means HJ-17



A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 1(8), PreviousARTICLENext X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT OF PROPERTY TAXES ON THE CLASS OF PROPERTY DEFINED AS "ALL OTHER PERSONAL PROPERTY", SO AS TO CREATE A NEW PROPERTY TAX CLASSIFICATION CONSISTING OF MOTOR VEHICLES AS DEFINED BY LAW NOT USED IN A TRADE OR BUSINESS TAXED ON AN ASSESSMENT EQUAL TO TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME LESSER PERCENTAGE OF FAIR MARKET VALUE, INCLUDING ZERO PERCENT, THAT THE GOVERNING BODY OF THE COUNTY ESTABLISHES ON AN ANNUAL BASIS BY ORDINANCE; AND PROPOSING AN AMENDMENT TO SECTION 3, PreviousARTICLENext X, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT FROM PROPERTY TAX LEVIED IN THE COUNTY ALL OR A PORTION OF THE VALUE OF A PRIVATE PASSENGER MOTOR VEHICLE REGISTERED IN THE COUNTY AND TO ALLOW THE GOVERNING BODY TO LIMIT THE EXEMPTION TO SPECIFIC CLASSES OF TAXPAYERS.

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

SECTION 1. It is proposed that Section 1(8), PreviousArticleNext X of the Constitution of this State be amended to read:

"(8) (A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.

(B) A motor vehicle otherwise subject to the assessment provided in subitem (A) of this item, must be taxed on an assessment equal to ten and one-half percent of its fair market value or some lesser percentage of fair market value, including zero, established on an annual basis by the governing body of the county by ordinance."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1(8), PreviousArticleNext X of the Constitution of this State, be amended so as to establish a new property tax classification for motor vehicles formerly taxed on an assessment equal to ten and one-half percent of fair market value, which must be assessed for property tax purposes at the rate of ten and one-half percent of the fair market value of the motor vehicle, or some lesser percentage of fair market value of the vehicle, including zero percent, as established on an annual basis by the governing body of the county by ordinance?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION 3. It is proposed that the last paragraph of Section 3, PreviousArticleNext X of the Constitution of this State be amended to read:

"The exemptions provided in subitems (c) and (d) for real property shall do not extend beyond the buildings and premises actually occupied by the owners of such real property. Homestead exemptions from ad valorem taxation not specifically provided for in this section may be provided for by the General Assembly by general law. In addition to the exemptions listed in this section, the General Assembly may provide for exemptions from the property tax, by general laws applicable uniformly to property throughout the State and in all political subdivisions, but only with the approval of two-thirds of the members of each House. However, the governing body of a county by ordinance may exempt from the property tax levied in the county all or a portion of the value of a motor vehicle registered in the county and may limit the exemption to specific classes of taxpayers. All exemptions not specifically provided for or authorized in this PreviousarticleNext shall be are repealed March 1, 1978. The General Assembly shall provide for methods and procedures in applying for the exemption of any property as is described in this section."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must the last paragraph of Section 3, PreviousArticle X of the Constitution of this State be amended so as to allow the governing body of a county by ordinance to exempt from property tax levied in the county all or a portion of the value of a motor vehicle registered in the county and to allow the governing body to limit this exemption to specific classes of taxpayers?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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