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Bill 3231

                    Current Status

Bill Number:                      3231
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Bowers
All Sponsors:                     Bowers
Drafted Document Number:          l:\council\bills\dka\3087mm99.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Property tax on personal motor vehicle 
                                  replaced with uniform fee, Taxation, Revenue 
                                  Department


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           30 HWM
                  referred to Committee
House   19990106  Prefiled, referred to Committee        30 HWM


                             Versions of This Bill

TO AMEND SECTION 12-37-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXABLE PROPERTY, SO AS TO REPLACE PROPERTY TAX ON PERSONAL PASSENGER MOTOR VEHICLES WITH A UNIFORM FEE; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PERSONAL PROPERTY TAXES, SO AS TO EXEMPT PERSONAL PASSENGER MOTOR VEHICLES; AND TO AMEND SECTIONS 12-37-2640 AND 12-37-2680, AS AMENDED, RELATING TO ASSESSMENT OF MOTOR VEHICLES BY THE COUNTY AUDITOR AND BY THE DEPARTMENT OF REVENUE FOR PURPOSES OF TAXATION, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH AND DISSEMINATE A UNIFORM FEE FOR PERSONAL PASSENGER MOTOR VEHICLES.

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

SECTION 1. Section 12-37-210 of the 1976 Code is amended to read:

"Section 12-37-210. All real and personal property in this State, personal property of residents of this State which may be kept or used temporarily out of the State, with the intention of bringing it into the State, or which has been sent out of the State for sale and not yet sold, and all moneys monies, credits, and investments in bonds, stocks, joint-stock companies or otherwise of persons resident in this State shall be are subject to taxation; except that, instead of property tax on personal passenger vehicles, a uniform fee must be assessed and collected."

SECTION 2. Section 12-37-220(B) of the 1976 Code, as last amended by Act 149 of 1997, is further amended by adding an appropriately numbered item to read:

"( ) personal passenger motor vehicles, namely cars and light trucks, upon the payment of a uniform fee in an amount as established by the Department of Revenue, but returned and collected in the same manner as provided in Article 21, Chapter 37, Title 12 for the collection of property taxes on motor vehicles."

SECTION 3. Section 12-37-2640 of the 1976 Code is amended to read:

"Section 12-37-2640. (A) The auditor shall determine the assessed value of the motor vehicle and shall calculate the amount of taxes on the vehicle. However, in the case of motor vehicles whose model year is fifteen years or more prior to before the tax year, the assessed value is fifty dollars and in the case of a motor vehicle whose model year is less than fifteen years prior to before the tax year, the assessed value must not be less than fifty dollars. The millage to be applied to motor vehicles licensed during January through December of each year must be that applied to other taxable property within the county, school district, special or tax district and, if applicable, the municipality for the preceding regular tax year.

(B) In the case of personal passenger motor vehicles, namely cars and light trucks, the auditor shall rely on the Department of Revenue to establish a uniform fee instead of property tax, determined as provided in Section 12-37-2680 using the assessed value and the average statewide millage."

SECTION 4. Section 12-37-2680 of the 1976 Code, as last amended by Act 60 of 1995, is further amended to read:

"Section 12-37-2680. (A) The assessed value of the vehicle must be determined as of the first day of the month preceding the beginning of the tax year for the vehicles. The assessed values must be published in guides or manuals by the South Carolina Department of Revenue and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any a vehicle is not set forth in the guide or manual the auditor shall determine the value from other available information.

(B) The department also must determine a uniform fee payable instead of property tax on personal passenger motor vehicles, namely cars and light trucks, by using a millage rate based on a statewide average millage rate. The amount of the uniform fee must be published in guides or manuals and provided to county auditors as often as may be necessary. The uniform fee described in this subsection is assessed, returned, and collected in the same manner as provided in Article 21, Chapter 37, Title 12, for the collection of property taxes on motor vehicles."

SECTION 5. This act takes effect upon approval by the Governor.

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