S 1054 Joint Resolution, By Thomas
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE
 CONSTITUTION, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT
 OWNER-OCCUPIED RESIDENTIAL PROPERTY AND MOTOR VEHICLES FROM PROPERTY TAX WITH
 THE REVENUE NOT COLLECTED THEREBY REPLACED BY A COUNTY SALES AND USE TAX
 IMPOSED AS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, TO PROVIDE THAT PROPERTY
 TAX MILLAGE RATES APPLICABLE IN THE COUNTY MAY NOT EXCEED THE MILLAGE RATE
 APPLICABLE FOR THE YEAR OF IMPLEMENTATION OF THE EXEMPTIONS ALLOWED BY THIS
 AMENDMENT, AND TO PROVIDE THAT THESE EXEMPTIONS AND THE MILLAGE LIMITATION DO
 NOT APPLY IN A COUNTY WHERE THE RATE OF THE SALES AND USE TAX REQUIRED EXCEEDS
 BY MORE THAN FIFTY PERCENT THE AVERAGE OF THESE TAXES IN ALL COUNTIES AND THE
 GOVERNING BODY OF THE COUNTY, BY AN AFFIRMATIVE TWO-THIRDS VOTE, DETERMINES
 NOT TO IMPOSE THE SALES AND USE TAX.

   02/26/02  Senate Introduced and read first time SJ-4
   02/26/02  Senate Referred to Committee on Finance SJ-4

PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT OWNER-OCCUPIED RESIDENTIAL PROPERTY AND MOTOR VEHICLES FROM PROPERTY TAX WITH THE REVENUE NOT COLLECTED THEREBY REPLACED BY A COUNTY SALES AND USE TAX IMPOSED AS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, TO PROVIDE THAT PROPERTY TAX MILLAGE RATES APPLICABLE IN THE COUNTY MAY NOT EXCEED THE MILLAGE RATE APPLICABLE FOR THE YEAR OF IMPLEMENTATION OF THE EXEMPTIONS ALLOWED BY THIS AMENDMENT, AND TO PROVIDE THAT THESE EXEMPTIONS AND THE MILLAGE LIMITATION DO NOT APPLY IN A COUNTY WHERE THE RATE OF THE SALES AND USE TAX REQUIRED EXCEEDS BY MORE THAN FIFTY PERCENT THE AVERAGE OF THESE TAXES IN ALL COUNTIES AND THE GOVERNING BODY OF THE COUNTY, BY AN AFFIRMATIVE TWO-THIRDS VOTE, DETERMINES NOT TO IMPOSE THE SALES AND USE TAX.

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

SECTION    1.    It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:

    "In addition to the exemptions provided and authorized in this section, owner-occupied residential property and motor vehicles are exempt from property tax with the revenue not collected thereby replaced by a county sales and use tax imposed in the manner that the General Assembly provides by law. After implementation of the exemptions allowed by this paragraph, property tax millage imposed by property taxing jurisdictions in the county must not exceed the millage imposed in the year of implementation of these exemptions. Where the necessary rate of the county sales and use tax exceeds by more than fifty percent the average of the rate of such taxes in all counties, the governing body of the county, by an affirmative two-thirds vote, may determine not to impose the sales and use tax and, upon such a vote, the exemptions and millage rate limitation provided by this paragraph shall not apply in the county."

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 3, Article X of the Constitution of this State, relating to property tax exemptions, be amended so as to exempt owner-occupied residential property and motor vehicles from property tax with the revenue not collected thereby replaced by a county sales and use tax imposed as the General Assembly shall provide by law, to provide that property tax millage rates applicable in the county must not exceed the millage rate applicable for the year of implementation of the exemptions allowed by this amendment and provide that these exemptions and the millage limitation do not apply in a county where the rate of the sales and use tax required exceeds by more than fifty percent the average of these taxes in all counties if the governing body of the county, by an affirmative two-thirds vote, determines not to impose the sales and use tax?

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'."