South Carolina General Assembly
117th Session, 2007-2008

Download This Bill in Microsoft Word format

A410, R416, H3812

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith, Weeks and Ceips
Document Path: l:\council\bills\dka\3220dw07.doc

Introduced in the House on March 29, 2007
Introduced in the Senate on May 2, 2007
Last Amended on June 4, 2008
Passed by the General Assembly on June 5, 2008
Governor's Action: June 16, 2008, Vetoed
Legislative veto action(s): Veto overridden

Summary: Property tax millage

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/29/2007  House   Introduced and read first time HJ-15
   3/29/2007  House   Referred to Committee on Ways and Means HJ-16
   4/25/2007  House   Recalled from Committee on Ways and Means HJ-36
    5/1/2007  House   Read second time HJ-20
    5/2/2007  House   Read third time and sent to Senate HJ-19
    5/2/2007  Senate  Introduced and read first time SJ-9
    5/2/2007  Senate  Referred to Committee on Finance SJ-9
   5/30/2007  Senate  Committee report: Favorable Finance SJ-12
   5/31/2007  Senate  Read second time SJ-24
    6/4/2008  Senate  Amended SJ-158
    6/4/2008  Senate  Read third time and returned to House with amendments 
                        SJ-158
    6/5/2008  House   Concurred in Senate amendment and enrolled HJ-89
    6/5/2008          Scrivener's error corrected
   6/10/2008          Ratified R 416
   6/16/2008          Vetoed by Governor
   6/25/2008  House   Veto overridden by originating body Yeas-110  Nays-0
   6/25/2008  Senate  Veto overridden Yeas-43  Nays-0
   8/12/2008          Copies available
   8/12/2008          Effective date 06/25/08
   8/12/2008          Act No. 410

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/29/2007
4/25/2007
5/30/2007
6/4/2008
6/5/2008


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

(A410, R416, H3812)

AN ACT TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS, REQUIRE AN ORDINANCE AUTHORIZING THE PURCHASE AND ESTABLISH CERTAIN REQUIREMENTS IN THE ORDINANCE, REQUIRE A MILLAGE INCREASE TO REASONABLY RELATE TO THE PURCHASE PRICE AND BE RESCINDED IN FIVE YEARS AFTER A CERTAIN TIME, PROHIBIT REINSTATEMENT OF THE MILLAGE RATE WITHOUT APPROVAL OF A MAJORITY OF THE QUALIFIED VOTERS OF THE GOVERNMENTAL ENTITY AND PROVIDE FOR PAYING FOR THE REFERENDUM; TO PROVIDE FOR A LIMIT ON PROPERTY TAX MILLAGE RATE LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT, DEFINE "CAPITAL EQUIPMENT", AND PROVIDE FOR MAKING EXPENDITURES RELATED TO THE INSTALLATION, OPERATION, AND PURCHASE OF CAPITAL EQUIPMENT IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAS AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND.

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

Limit on property tax millage increases

SECTION    1.    Section 6-1-320(B) of the 1976 Code, as last amended by Act 388 of 2006, is further amended by adding:

"(6)    purchase by the local governing body of undeveloped real property or of the residential development rights in undeveloped real property near an operating United States military base which property has been identified as suitable for residential development but which residential development would constitute undesirable residential encroachment upon the United States military base as determined by the local governing body. The local governing body shall enact an ordinance authorizing such purchase and the ordinance must state the nature and extent of the potential residential encroachment, how the purchased property or development rights would be used and specifically how and why this use would be beneficial to the United States military base, and what the impact would be to the United States military base if such purchase were not made. Millage rate increases for the purpose of such purchase must be separately stated on each tax bill and must specify the property, or the development rights to be purchased, the amount to be collected for such purchase, and the length of time that the millage rate increase will be in effect. The millage rate increase must reasonably relate to the purchase price and must be rescinded five years after it was placed in effect or when the amount specified to be collected is collected, whichever occurs first. The millage rate increase for such purchase may not be reinstated unless approved by a majority of the qualified voters of the governmental entity voting in a referendum. The cost of holding the referendum must be paid from the taxes collected due to the increased millage rate; or

(7)    to purchase capital equipment and make expenditures related to the installation, operation, and purchase of the capital equipment including, but not limited to, taxes, duty, transportation, delivery, and transit insurance, in a county having a population of less than one hundred thousand persons and having at least forty thousand acres of state forest land. For purposes of this section, 'capital equipment' means an article of nonexpendable, tangible, personal property, to include communication software when purchased with a computer, having a useful life of more than one year and an acquisition cost of fifty thousand dollars or more for each unit."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 10th day of June, 2008.

Vetoed by the Governor -- 6/16/08.

Veto overridden by House -- 6/25/08.

Veto overridden by Senate -- 6/25/08.

__________


This web page was last updated on Monday, October 10, 2011 at 1:35 P.M.