South Carolina General Assembly
114th Session, 2001-2002

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Bill 4636


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4636
Type of Legislation:              Joint Resolution JR
Introducing Body:                 House
Introduced Date:                  20020131
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts, Koon, Frye, Whatley, Riser, 
                                  Bingham and Huggins
Drafted Document Number:          l:\council\bills\gjk\20912sd02.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Property taxes, no ad valorem taxation on 
                                  real property is permitted by any local 
                                  government taxing entity; constitutional 
                                  amendment


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020131  Introduced, read first time,           30 HWM
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION SO AS TO PROVIDE THAT BEGINNING ON JANUARY 1, 2004, NO AD VALOREM TAXATION ON ANY REAL PROPERTY IS PERMITTED IN THIS STATE BY ANY LOCAL GOVERNMENT TAXING ENTITY, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW, BEFORE JANUARY 1, 2004, MUST PROVIDE FOR THE FUNDING MECHANISMS THE STATE OR THESE LOCAL GOVERNMENT TAXING ENTITIES MAY USE TO REPLACE THE REVENUE LOST AS A RESULT OF THIS PROHIBITION, AND TO PROVIDE EXCEPTIONS TO THE ABOVE FOR THE PURPOSE OF AVOIDING DEFAULT ON GENERAL OBLIGATION DEBT.

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 a new section to be appropriately numbered to read:

    "Section _____.    Notwithstanding the provisions of this article, beginning on January 1, 2004, no ad valorem taxation on any real property is permitted in this State by any local government taxing entity, and the General Assembly by law before January 1, 2004, must provide for the funding mechanisms the State or these local government taxing entities may use, not including an ad valorem tax on real property, to replace the revenue lost as a result of this prohibition. The provisions of this section do not apply in any circumstances where it is necessary to impose an ad valorem tax on real property to avoid defaulting on general obligation debt of the State or a local government taxing entity."

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 be amended so as to provide that beginning on January 1, 2004, no ad valorem taxation on any real property is permitted in this State by any local government taxing entity, to provide that the General Assembly by law, before January 1, 2004, must provide for the funding mechanisms the State or these local government taxing entities may use to replace the revenue lost as a result of this prohibition, and to provide exceptions to the above for the purpose of avoiding default on general obligation debt?

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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