H 4479 Session 112 (1997-1998)
H 4479 Joint Resolution, By Bauer, Bailey, Barfield, A.W. Byrd, Cato, Chellis,
Clyburn, Davenport, Gourdine, J. Hines, Inabinett, B.L. Jordan, Keegan, Kennedy,
Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Loftis, McCraw, J.D. McMaster,
Moody-Lawrence, Phillips, Meacham, Riser, Scott, Simrill, Stille, E.C. Stoddard,
Tripp, Whatley and Young-Brickell
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAXATION AND
ASSESSMENT RATIOS FOR PROPERTY, SO AS TO PROVIDE A TAX CUT FOR PERSONAL
VEHICLES, LOWERING THE TAXES BY TWENTY-FIVE DOLLARS FOR TAX YEAR 1999,
INCREASING THE TAX CUT TO SEVENTY-FIVE DOLLARS FOR TAX YEAR 2000, AND LOWERING
THE TAX AN ADDITIONAL FIFTY DOLLARS IN EACH LATER TAX YEAR, TO PROVIDE THAT
THE STATE REPLACE AFFECTED LOCAL REVENUE, TO ALLOW THE GENERAL ASSEMBLY TO
DELAY FOR ONE YEAR ALL OR PART OF THE NEXT YEAR'S INCREASE IN THE TAX CUT
AMOUNT IF A FURTHER TAX CUT WOULD RESULT IN TOTAL REMAINING REVENUES FROM ALL
SOURCES GROWING LESS THAN ONE-HUNDRED MILLION DOLLARS, TO PROVIDE FOR LOCAL
VOTER APPROVAL FOR A NEW TAX OR AN INCREASED TAX OF MILL LEVY, AND TO REQUIRE
THAT THE TAX CUTS BE REFLECTED IN LOCAL GOVERNMENT DOCUMENTATION OF PROPERTY
TAXATION.
01/22/98 House Introduced and read first time HJ-5
01/22/98 House Referred to Committee on Ways and Means HJ-5
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO PROPERTY TAXATION AND ASSESSMENT
RATIOS FOR PROPERTY, SO AS TO PROVIDE A TAX CUT
FOR PERSONAL VEHICLES, LOWERING THE TAXES BY
TWENTY-FIVE DOLLARS FOR TAX YEAR 1999, INCREASING
THE TAX CUT TO SEVENTY-FIVE DOLLARS FOR TAX YEAR
2000, AND LOWERING THE TAX AN ADDITIONAL FIFTY
DOLLARS IN EACH LATER TAX YEAR, TO PROVIDE THAT
THE STATE REPLACE AFFECTED LOCAL REVENUE, TO
ALLOW THE GENERAL ASSEMBLY TO DELAY FOR ONE
YEAR ALL OR PART OF THE NEXT YEAR'S INCREASE IN
THE TAX CUT AMOUNT IF A FURTHER TAX CUT WOULD
RESULT IN TOTAL REMAINING REVENUES FROM ALL
SOURCES GROWING LESS THAN ONE HUNDRED MILLION
DOLLARS, TO PROVIDE FOR LOCAL VOTER APPROVAL
FOR A NEW TAX OR AN INCREASED TAX OR MILL LEVY,
AND TO REQUIRE THAT THE TAX CUTS BE REFLECTED IN
LOCAL GOVERNMENT DOCUMENTATION OF PROPERTY
TAXATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. It is proposed that Section 1(8), Article X of the
Constitution of this State be amended to read:
"(8) (A) Except as provided in subitem (B) of this
item, all other personal property shall must be
taxed on an assessment equal to ten and one-half percent of the fair
market value of such the property.
(B) Property tax on personal motor vehicles, owned
and operated for individual or family purposes only, must be
eliminated, beginning with a tax cut of twenty-five dollars in tax year
1999, seventy-five dollars in tax year 2000, and an additional fifty
dollars in each later tax year.
(1) The Comptroller General shall pay annually from the
general fund of the State to the county treasurer of the county in
which the personal motor vehicle is registered for the account of each
county, school district, or special district a sum equal to the amount
of taxes that was not collected for the county, school district, or
special district by reason of the tax cut provided for in this section
and shall pay annually to the governing body of the municipality in
which the personal motor vehicle is located a sum equal to the
amount of taxes that was not collected for the municipality by reason
of the tax cut provided for in this section.
(2) The county treasurer and municipal governing body shall
furnish the Comptroller General by April 1 following the tax year, or
during an extension authorized by the Comptroller General not to
exceed sixty days, an accounting or statement as prescribed by the
Comptroller General that reflects the amount of county, municipal,
school district, or special district taxes that were not collected
because of the tax cut. Funds paid by the Comptroller General as the
result of an erroneous or improper application must be returned to the
Comptroller General for deposit in the general fund of the State.
(3) Implementation of the tax cut allowed in this section may be
delayed in whole or in part for a later tax year only if the further tax
cut or replacement amounts in that year would result in a growth
from remaining revenue sources of less than one hundred million
dollars.
(4)(a) Each city, county, and fiscally independent school district
must have the majority approval of its voting electorate in advance of
a new tax, tax increase, or mill levy above the following or prior year,
except a county council, city, or fiscally independent school district
may issue without voter approval repaid bonds or notes that do not
total eight percent or more of the assessed value of all taxable
property of its jurisdiction.
(b) The maximum annual percentage change in fiscal revenue
that may be spent by a county council, city, or fiscally independent
school district without advance voter approval equals the fiscal year
revenue for the prior year adjusted for inflation in the prior year plus
the percentage change in its population from the previous calendar
year, based on the most recent population date available from the
South Carolina Budget and Control Board. Fiscal year revenue
means all revenue except that used for refunds made in the current
and next fiscal year or revenue from gifts, federal funds, state funds,
intergovernmental fees, investment interests, and borrowed money or
voter approved revenue changes.
(5) All notices, bills, filings, reports, returns, receipts,
applications, or other documents issued in connection with property
taxation of personal motor vehicles, owned and operated for
individual or family purposes only, must reflect the tax cut for
property taxation of personal motor vehicles."
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 1(8), Article X of the Constitution of this State
relating to property taxation and assessment for property be amended
so as to provide a tax cut for personal vehicles, lowering the taxes by
twenty-five dollars for tax year 1999, increasing the tax cut to
seventy-five dollars for tax year 2000, and lowering the tax an
additional fifty dollars in each later tax year, to provide that the State
replace affected local revenue, to allow the General Assembly to
delay for one year all or part of the next year's increase in the tax cut
amount if a further tax cut would result in total remaining revenues
from all sources growing less than one hundred million dollars, to
provide for local voter approval for a new tax or an increased tax or
mill levy, and to require that the tax cuts be reflected in local
government documentation of property taxation?
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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