S 299 Session 111 (1995-1996)
S 0299 Joint Resolution, By McConnell
A Joint Resolution proposing an amendment to Article X, Constitution of South
Carolina, 1895, relating to finance and taxation, by adding an appropriately
numbered section limiting the imposition of property taxes for counties,
municipalities, and schools to those taxes that produce no more revenue than
base year property tax revenues, to define base year property tax revenues as
property tax revenue for the most recently completed property tax year plus
revenues attributable to new and previously untaxed property, revenues derived
by applying an inflation factor equal to the rise in the Consumer Price Index
in the most recently completed property tax year, revenues derived by applying
a factor equal to the average percentage increases in the median age of the
taxing jurisdiction's population, revenues attributable to millage imposed
pursuant to referendum to retire bonded indebtedness, and revenues equal to an
amount approved by the qualified electors of the jurisdiction at a referendum
held at the time of the General Election, to provide that the governing body
of a county, municipality, or the governing body authorized by law to impose
school taxes may impose property taxes in excess of base year property tax
revenues with at least a two-thirds vote of the total membership of the
governing body, to provide that these revenues resulting from the
supermajority vote are not added to base year property tax revenues, to
provide that these limitations are cumulative to other limitations imposed by
law on the taxing power, to provide that calculations of the Consumer Price
Index and increase in median population age must use data provided by the
Bureau of Labor Statistics of the United States Department of Labor and Bureau
of the Census of the United States Department of Commerce, or successor
agencies, and to provide that the limitation imposed by this Section first
apply for the property tax years succeeding the year of ratification.
01/10/95 Senate Introduced and read first time SJ-126
01/10/95 Senate Referred to Committee on Finance SJ-127
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE X,
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
FINANCE AND TAXATION, BY ADDING AN
APPROPRIATELY NUMBERED SECTION LIMITING THE
IMPOSITION OF PROPERTY TAXES FOR COUNTIES,
MUNICIPALITIES, AND SCHOOLS TO THOSE TAXES THAT
PRODUCE NO MORE REVENUE THAN BASE YEAR
PROPERTY TAX REVENUES, TO DEFINE BASE YEAR
PROPERTY TAX REVENUES AS PROPERTY TAX REVENUE
FOR THE MOST RECENTLY COMPLETED PROPERTY TAX
YEAR PLUS REVENUES ATTRIBUTABLE TO NEW AND
PREVIOUSLY UNTAXED PROPERTY, REVENUES DERIVED
BY APPLYING AN INFLATION FACTOR EQUAL TO THE
RISE IN THE CONSUMER PRICE INDEX IN THE MOST
RECENTLY COMPLETED PROPERTY TAX YEAR,
REVENUES DERIVED BY APPLYING A FACTOR EQUAL TO
THE AVERAGE PERCENTAGE INCREASES IN THE MEDIAN
AGE OF THE TAXING JURISDICTION'S POPULATION,
REVENUES ATTRIBUTABLE TO MILLAGE IMPOSED
PURSUANT TO REFERENDUM TO RETIRE BONDED
INDEBTEDNESS, AND REVENUES EQUAL TO AN AMOUNT
APPROVED BY THE QUALIFIED ELECTORS OF THE
JURISDICTION AT A REFERENDUM HELD AT THE TIME OF
THE GENERAL ELECTION, TO PROVIDE THAT THE
GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR
THE GOVERNING BODY AUTHORIZED BY LAW TO IMPOSE
SCHOOL TAXES MAY IMPOSE PROPERTY TAXES IN
EXCESS OF BASE YEAR PROPERTY TAX REVENUES WITH
AT LEAST A TWO-THIRDS VOTE OF THE TOTAL
MEMBERSHIP OF THE GOVERNING BODY, TO PROVIDE
THAT THESE REVENUES RESULTING FROM THE
SUPERMAJORITY VOTE ARE NOT ADDED TO BASE YEAR
PROPERTY TAX REVENUES, TO PROVIDE THAT THESE
LIMITATIONS ARE CUMULATIVE TO OTHER LIMITATIONS
IMPOSED BY LAW ON THE TAXING POWER, TO PROVIDE
THAT CALCULATIONS OF THE CONSUMER PRICE INDEX
AND INCREASE IN MEDIAN POPULATION AGE MUST USE
DATA PROVIDED BY THE BUREAU OF LABOR STATISTICS
OF THE UNITED STATES DEPARTMENT OF LABOR AND
BUREAU OF THE CENSUS OF THE UNITED STATES
DEPARTMENT OF COMMERCE, OR SUCCESSOR AGENCIES,
AND TO PROVIDE THAT THE LIMITATION IMPOSED BY
THIS SECTION FIRST APPLY FOR THE PROPERTY TAX
YEARS SUCCEEDING THE YEAR OF RATIFICATION.
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 an appropriately numbered section
to read:
"SECTION ___. (a) Except as provided in subsection
(b), the governing body of a county or municipality or the
governing body authorized by law to impose property taxes for
schools may not impose property taxes that increase its property tax
revenues for a property tax year over its base year property tax
revenues. For purposes of this subsection, `base year property tax
revenues' of a county or municipality or the governing body
authorized by law to impose property taxes for schools are its
property tax revenues for the most recently completed property tax
year plus:
(1) revenues equal to an amount not exceeding the result
obtained by applying the millage for the most recently completed
property tax year to assessed value of new construction and
improvements and any other property not previously taxed;
(2) revenues equal to an amount not exceeding the result
obtained by multiplying the jurisdiction's property tax revenues for
the most recently completed property tax year by the percentage
increase, if any, in the consumer price index in that property tax
year;
(3) revenues equal to an amount not exceeding the result
obtained by multiplying the jurisdiction's property tax revenues for
the most recently completed property tax year by the average
percentage increase, if any, in the median age of the jurisdiction's
population in the ten most recently completed property tax years;
(4) revenues attributable to millage imposed to retire bonded
indebtedness if this bonded indebtedness was approved by
referendum as provided in Sections 14(6) and 15(5) of this article;
and
(5) revenues equal to an amount approved by the qualified
electors of the jurisdiction at a referendum held at the time of the
general election.
(b) Notwithstanding the limitation imposed by subsection (a),
the governing body of a county or municipality and the governing
body authorized by law to impose property taxes for schools may
impose property taxes producing revenues for a property tax year in
excess of base year property tax revenues by at least a two-thirds
vote of the total membership of the governing body. However,
these additional revenues may not be added to base year property
revenues for purposes of calculating the limitation provided in
subsection (a).
(c) The limitation on the property taxing power provided by this
section is cumulative to any other limitation imposed by law on the
property taxing power.
(d) Calculations of the consumer price index and the increase in
median population age must use data provided by the Bureau of
Labor Statistics of the United States Department of Labor and the
Bureau of the Census of the United States Department of
Commerce, or successor agencies.
(e) The limitation imposed by this section first applies for the
property tax year succeeding the year of ratification 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, relating to
finance and taxation, be amended by adding an appropriately
numbered section limiting the imposition of property taxes for
counties, municipalities, and schools to those taxes that produce no
more revenue than base year property tax revenues, to define base
year property tax revenues as property tax revenue for the most
recently completed property tax year plus revenues attributable to
new and previously untaxed property, revenues derived by applying
an inflation factor to property tax revenues for the most recently
completed property tax year equal to the percentage increase in the
consumer price index in the most recently completed property tax
year, revenues derived by applying a factor equal to the average
percentage increase in the median age of the taxing jurisdiction's
population in the ten most recently completed property tax years,
revenues attributable to millage imposed pursuant to referendum to
retire bonded indebtedness, and revenues equal to an amount
approved by the qualified electors of the jurisdiction at a
referendum held at the time of the general election, to provide that
the governing body of a county, municipality, and the governing
body authorized by law to impose school taxes may impose
property taxes in excess of base year property tax revenues with at
least a two-thirds vote of the total membership of the governing
body, to provide that these revenues resulting from the
supermajority vote are not added to base year property tax revenues,
to provide that these limitations are cumulative to other limitations
imposed by law on the taxing power, to provide that calculations of
the consumer price index and increase in median population age
must use data provided by the Bureau of Labor Statistics and
Bureau of the Census, or successor agencies, and to provide that the
limitations imposed by this section first apply for the property tax
year succeeding the year of ratification?
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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