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Bill 1054

                    Current Status

Bill Number:                      1054
Type of Legislation:              Joint Resolution JR
Introducing Body:                 Senate
Introduced Date:                  20020226
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas
Drafted Document Number:          l:\council\bills\bbm\10817htc02.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          County sales and use tax to replace 
                                  property tax on owner-occupied residential 
                                  property and motor vehicles, constitutional 
                                  amendment


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020226  Introduced, read first time,           06 SF
                  referred to Committee


              Versions of This Bill

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'."

This web page was last updated on Tuesday, December 8, 2009 at 11:16 A.M.