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Bill 4747

                    Current Status

Bill Number:                      4747
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020214
Primary Sponsor:                  Robinson
All Sponsors:                     Robinson, Cato, Hamilton, Leach, Loftis, 
                                  Rice, Tripp, Trotter and Vaughn
Drafted Document Number:          l:\council\bills\bbm\10665htc02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Property tax assessments; positive 
                                  majority defined and provisions regarding 
                                  millage rate increase limitation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020214  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 6-1-300, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES, SO AS TO DEFINE "POSITIVE MAJORITY" AS A VOTE OF AT LEAST TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF A GOVERNING BODY AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE REQUIREMENT FOR A POSITIVE MAJORITY VOTE OF A LOCAL GOVERNING BODY TO RAISE PROPERTY TAX MILLAGE AND THE EXEMPTIONS FROM THE REQUIREMENT FOR A POSITIVE MAJORITY VOTE, SO AS TO ELIMINATE THE EXEMPTION FOR A MILLAGE RATE INCREASE EQUAL TO AN INCREASE IN THE CONSUMER PRICE INDEX.

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

SECTION    1.    Section 6-1-300(5) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

    "(5)    'Positive majority' means a vote for adoption by the at least a two-thirds majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required."

SECTION    2.    Section 6-1-320(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

    "(A)    Notwithstanding Section 12-37-251(E), a local governing body may not increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."

SECTION    3.    This act takes effect January 1, 2003.

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