H 3819 Session 110 (1993-1994)
H 3819 Joint Resolution, By D.C. Waldrop
A Joint Resolution proposing an amendment to Section 15, Article X of the
Constitution of South Carolina, 1895, relating to authorized bonded
indebtedness of school districts, so as to reduce the authorized debt
limitation from eight percent to four percent of the assessed value of all
taxable property of the school district.
04/01/93 House Introduced and read first time HJ-8
04/01/93 House Referred to Committee on Ways and Means HJ-8
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE X OF
THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO AUTHORIZED BONDED INDEBTEDNESS OF SCHOOL
DISTRICTS, SO AS TO REDUCE THE AUTHORIZED DEBT
LIMITATION FROM EIGHT PERCENT TO FOUR PERCENT OF
THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF THE
SCHOOL DISTRICT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that subsection (6) of Section 15, Article
X of the Constitution of this State be amended to read:
"(6) In addition to the bonded indebtedness authorized by
subsection (5), during the period beginning on the date of the ratification
of this article in 1977 and ending on the fifth anniversary of that date,
the governing body of any a school district may incur
bonded indebtedness to the limit authorized by Section 5, Article X of
the Constitution as of January 1, 1976, and upon such
the terms and conditions as the General Assembly may have
heretofore or may hereafter prescribe; provided,
however. However, that in determining the limit
authorized by Section 5, Article X of the Constitution,
and in the event the assessed value of all taxable property in
any a school district decreases in any year during the
aforesaid this five-year period to an amount less than the
assessed value of all taxable property in any such the
school district as of December 31, 1975, the assessed value of all taxable
property of any such the school district as of December
31, 1975, shall must be applied in determining any
such the school district's bonded indebtedness during
the aforesaid this five-year period. After the fifth
anniversary of that date, the governing body of any the
school district may incur general obligation debt in an amount not
exceeding eight four percent of the assessed value of all
taxable property of such the school district subject to
the provisions of subsection (3) of this section and upon such
terms and conditions as the General Assembly may prescribe.
In computing the eight four percent debt limitation
imposed by the provisions of this subsection, bonded indebtedness
existing on the date of the fifth anniversary of the ratification of this
article in 1977 and bonded indebtedness incurred under the provisions
of subsection (5) of this section shall must not be
considered in the computation of the eight four percent
limitation.
If a school district's bonded indebtedness exceeds the four percent
debt limitation on the effective date of the ratification of the provisions
of this subsection providing for the four percent limitation, this excess
is permitted to continue until the bonds then in existence causing the
excess have been retired. Nothing herein, however, prevents the
refinancing of these excess bonds at lower interest rates provided no
additional principal indebtedness is incurred. While the excess
continues, school districts only may incur additional bonded
indebtedness in the manner authorized by subsection (3) 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 Section 15, Article X of the Constitution of this State
relating to authorized bonded indebtedness of school districts be
amended so as to reduce the authorized debt limitation from eight
percent to four percent of the assessed value of all taxable property of
the school district?
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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