South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
Indicates New Matter

S. 157

STATUS INFORMATION

General Bill
Sponsors: Senators Elliott and Richardson
Document Path: l:\council\bills\ggs\22843htc05.doc

Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Finance

Summary: Property tax credit or refund provided for lessee of vehicle when vehicle is traded or returned

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2004  Senate  Prefiled
  12/15/2004  Senate  Referred to Committee on Finance
   1/11/2005  Senate  Introduced and read first time SJ-157
   1/11/2005  Senate  Referred to Committee on Finance SJ-157

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.

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

SECTION    1.    Section 12-37-2725 of the 1976 Code is amended to read:

"Section 12-37-2725.    When (a) the title to a licensed vehicle is transferred, or, (b) the owner of the vehicle becomes a legal resident of another state and registers the vehicle in the new state of residence, or, (c) the lessee of a licensed vehicle assigns the lease or surrenders the leased vehicle to the lessor and under the terms of the lease the lessee was primarily liable for property taxes on the vehicle and the lessee in fact paid these taxes, the license plate and registration certificate may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Public Safety. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund or credit is that proportion of the tax paid that is equal to that proportion of the complete months remaining in that tax year. The auditor, within five days thereafter, shall deliver the license plate, registration certificate, and the written request for cancellation to the Department of Public Safety. Upon receipt, the Department of Public Safety shall cancel the license plate and registration certificate and may not reissue the same."

SECTION    2.    This act takes effect on the first day of the first month following approval by the Governor.

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