South Carolina Legislature


 

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S 838
Session 116 (2005-2006)


S 0838 Joint Resolution, By McConnell, Thomas and Courson
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF
 SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 7A
 SO AS TO PROVIDE THAT THE MAXIMUM AMOUNT OF ANY AD VALOREM TAX ON REAL
 PROPERTY SHALL NOT EXCEED ONE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY
 ACCORDING TO THE RECORDS OF THE COUNTYNext ASSESSOR AS OF DECEMBER 31, 2006, TO
 PROVIDE THAT THE VALUE OF THE PROPERTY SHALL BE ADJUSTED IF THE PROPERTY IS
 TRANSFERRED OR IMPROVED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL
 PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE
 PROVISIONS.

   05/12/05  Senate Introduced and read first time SJ-8
   05/12/05  Senate Referred to Committee on Judiciary SJ-8
   09/22/05  Senate Referred to Subcommittee: McConnell (ch), Martin,
                     Ritchie, Sheheen, Campsen, Williams



VERSIONS OF THIS BILL

5/12/2005



S. 838

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 7A SO AS TO PROVIDE THAT THE MAXIMUM AMOUNT OF ANY AD VALOREM TAX ON REAL PROPERTY SHALL NOT EXCEED ONE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY ACCORDING TO THE RECORDS OF THE PreviousCOUNTYNext ASSESSOR AS OF DECEMBER 31, 2006, TO PROVIDE THAT THE VALUE OF THE PROPERTY SHALL BE ADJUSTED IF THE PROPERTY IS TRANSFERRED OR IMPROVED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

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

SECTION    1. It is proposed that Article X of the Constitution of this State be amended by adding:

"Section 7A.    (A)    The maximum amount of any ad valorem tax on real property shall not exceed one percent of the appraised value of the property according to the records of the PreviouscountyNext assessor as of December 31, 2006. The one percent tax must be collected by the PreviouscountiesNext and apportioned among the taxing entities in the PreviouscountyNext as the General Assembly shall provide by law to the extent that the collective ad valorem taxes in any year of all taxing entities in the PreviouscountyNext shall not exceed the limitation provided by this section.

(B)    The limitation provided for in subsection (A) shall not apply to ad valorem taxes or assessments to pay the debt service on any bonded indebtedness incurred by a taxing entity in a PreviouscountyNext approved by the qualified electors of that taxing entity either before or after the date of the ratification of the provisions of this section.

(C)    If the real property is sold or a change in ownership occurs after December 31, 2006, or if improvements are made thereon, the appraised value shall be adjusted to reflect the appropriate increase or decrease in value. In addition, a PreviouscountyNext may reassess any real property at its date of transfer if the transfer occurred after the date of the last PreviouscountywideNext reassessment but before December 31, 2006.

(D)    The one percent limitation provided for in subsection (A) may be increased or decreased by the qualified electors of a PreviouscountyNext at a referendum called for this purpose by the governing body of the PreviouscountyNext upon a two-thirds vote of those voting in the referendum.

(E)    The General Assembly by law shall provide for the terms, conditions, and procedures necessary to implement the provisions of this section."

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article X of the Constitution of this State be amended by adding Section 7A so as to provide that the maximum amount of any ad valorem tax on real property shall not exceed one percent of the appraised value of such property according to the records of the Previouscounty assessor as of December 31, 2006, to provide that the value of the property shall be adjusted if the property is transferred or improved and to provide that the General Assembly by law shall provide for the terms, conditions, and procedures to implement the above provisions?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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