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Current Status Bill Number:View additional legislative information at the LPITS web site.964 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:20020131 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:l:\council\bills\bbm\10696dlt02.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Constitutional amendment; property tax exemptions, owner occupied residential property and motor vehicles, revenue to be replaced by county sales and use tax, provisions and exceptions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020201 Scrivener's error corrected Senate 20020131 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on February 1, 2002 - Word format
PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 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 WITH THESE EXEMPTIONS NOT APPLYING 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 AND THAT THESE EXEMPTIONS SHALL NOT APPLY IN THE COUNTY.
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 provided by law except that 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 tax and the exemptions allowed 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 with these exemptions not applying 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 and that these exemptions shall not apply in the county?
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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