South Carolina General Assembly
121st Session, 2015-2016

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H. 4762

STATUS INFORMATION

General Bill
Sponsors: Reps. Anthony, Yow and W.J. McLeod
Document Path: l:\council\bills\nl\13578sd16.docx

Introduced in the House on January 27, 2016
Introduced in the Senate on April 28, 2016
Passed by the General Assembly on May 26, 2016

Summary: Millage rate increase limits and exceptions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/27/2016  House   Introduced and read first time (House Journal-page 83)
   1/27/2016  House   Referred to Committee on Ways and Means 
                        (House Journal-page 83)
   4/14/2016  House   Member(s) request name added as sponsor: Yow
   4/20/2016  House   Committee report: Favorable Ways and Means 
                        (House Journal-page 353)
   4/21/2016  House   Member(s) request name added as sponsor: W.J.McLeod
   4/21/2016          Scrivener's error corrected
   4/26/2016  House   Read second time (House Journal-page 45)
   4/26/2016  House   Roll call Yeas-101  Nays-0 (House Journal-page 46)
   4/27/2016  House   Read third time and sent to Senate 
                        (House Journal-page 16)
   4/28/2016  Senate  Introduced and read first time (Senate Journal-page 9)
   4/28/2016  Senate  Referred to Committee on Finance (Senate Journal-page 9)
   5/18/2016  Senate  Committee report: Favorable Finance 
                        (Senate Journal-page 17)
   5/19/2016          Scrivener's error corrected
   5/24/2016  Senate  Read second time (Senate Journal-page 63)
   5/24/2016  Senate  Roll call Ayes-40  Nays-2 (Senate Journal-page 63)
   5/26/2016  Senate  Read third time and enrolled (Senate Journal-page 18)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/27/2016
4/20/2016
4/21/2016
5/18/2016
5/19/2016

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

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COMMITTEE REPORT

May 18, 2016

H. 4762

Introduced by Reps. Anthony, Yow and W.J. McLeod

S. Printed 5/18/16--S.    [SEC 5/19/16 1:37 PM]

Read the first time April 28, 2016.

            

THE COMMITTEE ON FINANCE

To whom was referred a Bill (H. 4762) to amend Section 6-1-320, as amended, Code of Laws of South Carolina, 1976, relating to the limitation on millage rate increases and exceptions to this, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

HUGH K. LEATHERMAN, SR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

Fiscal Impact Summary

This bill would change qualifications for the millage rate increase limitation exemption in Section 6-1-320(B)(7). Based upon our analysis, the following counties would now qualify for the exemption: Abbeville, Chesterfield, Edgefield, Fairfield, Greenwood, Laurens, McCormick, Newberry, Oconee, and Union. The impact on local revenue will depend up on which local governing bodies, if any, in the newly qualifying counties elect to exceed their millage rate increase limitation as a result of this exemption and as such is undetermined.

Explanation of Fiscal Impact

Local Revenue

This bill amends the millage rate increase limitation exemption in Section 6-1-320(B)(7) by changing the qualifications for the exemption. Currently, a local governing body in a county with a population of less than one hundred thousand and at least forty thousand acres of state forest land may exceed the millage rate increase limitation to purchase capital equipment and make expenditures related to capital equipment with a two-thirds vote of the membership of the local governing body. This bill would amend this section by changing the state forest land requirement to state or national forest land. Since forest land is not clearly defined, we have based our analysis on areas named as forests and excluded state parks and managed wetlands. Based upon GIS data obtained from the Department of Natural Resources, we do not find any counties with a population of less than one hundred thousand that have at least forty thousand acres of state forest land. Changing this requirement to forty thousand acres of state or national forest land, we anticipate that the following counties with a population of less than one hundred thousand will qualify for this exemption: Abbeville, Chesterfield, Edgefield, Fairfield, Greenwood, Laurens, McCormick, Newberry, Oconee, and Union. The impact on local revenue will depend up on which local governing bodies, if any, in the newly qualifying counties elect to exceed their millage limitation as a result of this exemption and as such is undetermined.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

            

A BILL

TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES AND EXCEPTIONS TO THIS LIMITATION, SO AS TO REVISE THE EXCEPTION TO THIS LIMITATION FOR THE PURCHASE OF CAPITAL EQUIPMENT AND OTHER EXPENDITURES IN A COUNTY HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND PERSONS AND HAVING AT LEAST FORTY THOUSAND ACRES OF STATE FOREST LAND BY CHANGING THE TERM "STATE FOREST LAND" IN THIS EXCEPTION TO THE TERM "STATE OR NATIONAL FOREST LAND".

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

SECTION    1.    Section 6-1-320(B)(7) of the 1976 Code, as last amended by Act 410 of 2008, is further amended to read:

"(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 or national 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."

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

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