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Bill Number: 1534 Ratification Number: 781 Act Number 690 Introducing Body: Senate Subject: Amendment proposed for joint county development
(A690, R781, S1534)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OR OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES, SUBJECT TO THE GENERAL ASSEMBLY FIRST PROVIDING BY LAW FOR BONDED INDEBTEDNESS AND SCHOOL FISCAL ABILITY CONSIDERATIONS, MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.
Be it enacted by the General Assembly of the State of South Carolina:
Amendment proposed for joint county development
SECTION 1. It is proposed that Section 13 of Article VIII of the Constitution of this State be amended to read:
"Section 13. (A) Any county, incorporated municipality, or other political subdivision may agree with the State or with any other political subdivision for the joint administration of any function and exercise of powers and the sharing of the costs thereof.
(B) Nothing in this Constitution may be construed to prohibit the State or any of its counties, incorporated municipalities, or other political subdivisions from agreeing to share the lawful cost, responsibility, and administration of functions with any one or more governments, whether within or without this State.
(C) The prohibitions against dual officeholding contained in Article VI of this Constitution do not apply to any elected or appointed official or employee who serves on a regional council of government created under the authority of this section.
(D) Counties may jointly develop an industrial or business park with other counties within the geographical boundaries of one or more of the member counties. The area comprising the parks and all property having a situs therein is exempt from all ad valorem taxation. The owners or lessees of any property situated in the park shall pay an amount equivalent to the property taxes or other in-lieu-of payments that would have been due and payable except for the exemption herein provided. The participating counties shall reduce the agreement to develop and share expenses and revenues of the park to a written instrument which is binding on all participating counties. Included within expenses are the costs to provide public services such as sewage, water, fire, and police protection. Notwithstanding the above provisions of this subsection, before a group of member counties may establish an industrial or business park as authorized herein, the General Assembly must first provide by law for the manner in which the value of the property in the park will be considered for purposes of bonded indebtedness of political subdivisions and school districts and for purposes of computing the index of taxpaying ability pursuant to any provision of law which measures the relative fiscal capacity of a school district to support its schools based on the assessed valuation of taxable property in the district as compared to the assessed valuation of the taxable property in all school districts of this State."
Question on ballot
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:
"Shall Section 13 of Article VIII of the Constitution of this State be amended so as to provide that counties, subject to the General Assembly first providing by law for bonded indebtedness and school fiscal ability considerations, may jointly develop an industrial or business park with other counties within the geographical boundaries of one or more of the member counties where the area comprising the parks and all property having a situs therein is exempt from all ad valorem taxation because the owners or lessees of any property situated in the park must pay an amount equivalent to the property taxes or other in-lieu-of payments that would have been due and payable except for the above exemption?
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'."
Ratified the 20th day of June, 1988.