South Carolina General Assembly
114th Session, 2001-2002

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Bill 1288


                    Current Status

Bill Number:                      1288
Ratification Number:              425
Act Number:                       451
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020516
Primary Sponsor:                  Setzler
All Sponsors:                     Setzler, Knotts and Bauer
Drafted Document Number:          l:\council\bills\dka\3021mm02.doc
Date Bill Passed both Bodies:     20020530
Date of Last Amendment:           20020529
Governor's Action:                S
Date of Governor's Action:        20020607
Subject:                          Lexington County; personal property taxes 
                                  on watercraft to be current before titles 
                                  transferred


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20021017  Act No. A451
------  20020607  Signed by Governor
------  20020604  Ratified R425
Senate  20020530  Concurred in House amendment, 
                  enrolled for ratification
House   20020530  Read third time, returned with
                  amendment
House   20020529  Amended, read second time
House   20020528  Recalled from Committee                30 HWM
House   20020522  Introduced, read first time,           30 HWM
                  referred to Committee
Senate  20020521  Read third time, sent to House
------  20020520  Scrivener's error corrected
Senate  20020517  Read second time
Senate  20020516  Unanimous consent for second
                  and third reading on the next two
                  consecutive Legislative days
Senate  20020516  Introduced, read first time,
                  placed on local and uncontested
                  Calendar without reference


              Versions of This Bill
Revised on May 16, 2002 - Word format
Revised on May 20, 2002 - Word format
Revised on May 28, 2002 - Word format
Revised on May 29, 2002 - Word format

View additional legislative information at the LPITS web site.
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A451, R425, S1288)

AN ACT TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR, BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER OR INDIVIDUAL ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND DELINQUENT TAXES MUST BE COLLECTED FROM THE PREVIOUS OWNER, NOT INCLUDING THE DEALER, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.

Whereas, the application of the requirement that personal property taxes on a watercraft and outboard motor be current before transfer of the title to property tax years before the year of the enactment of the requirement has caused great inconvenience to both the sellers and owners of used watercraft and outboard motors in Lexington County; and

Whereas, it is appropriate to provide clearly that the requirement applies only to property taxes on watercraft and outboard motors that become due and payable after the enactment of the requirement and that this property is purchased free and clear of the liens for Lexington County property tax years before the 2000 property tax year. Now, therefore,

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

Transfer of title to watercraft

SECTION 1. A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that Lexington County property taxes for property tax years beginning after 1999, are owed on the watercraft or outboard motor. If transfer of title has been denied by reason of delinquent taxes, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the owner's county of residence must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor must require certification that property taxes that are due and payable for property tax years beginning after 1999, have been paid.

The Lexington County Treasurer or other appropriate official annually, or more frequently as the county considers appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format considered acceptable by the department.

Freedom from tax lien for years before 2000

SECTION 2. Used watercraft and outboard motors obtained from a licensed boat dealer or an individual on or after October 3, 2000, are free and clear of the lien for property taxes for Lexington County property tax years before the 2000 property tax year. The Lexington County Treasurer or other appropriate official charged with the collection of delinquent ad valorem taxes shall seek the collection of the delinquent taxes on the used watercraft or outboard motor only from the previous owner, not including the licensed boat dealer.

Nonrefundable tax payment

SECTION 3. Property taxes paid on watercraft and outboard motors for Lexington County property tax years before the 2000 property tax year are not refundable pursuant to any provision of this act.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 4th day of June, 2002.

Approved the 7th day of June, 2002.

__________


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