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H*4450
Session 116 (2005-2006)


H*4450(Rat #0418, Act #0402 of 2006)  Joint Resolution, By Cotty, Harrell, 
Merrill, Walker, Ballentine, Haley, Chellis, E.H. Pitts, Townsend, Clark, 
Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, 
Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, 
Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, 
Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, 
G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, 
Whitmire, Young, W.D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart

Similar(S 960, S 1168) A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLENext III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN PreviousARTICLENext X OF THE STATE CONSTITUTION; TO AMEND SECTION 6 OF PreviousARTICLENext X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS. - ratified title 01/17/06 House Introduced and read first time HJ-43 01/17/06 House Referred to Committee on Ways and Means HJ-44 01/19/06 House Member(s) request name added as sponsor: W.D.Smith, Kirsh, Huggins, Hamilton 01/19/06 House Member(s) request name removed as sponsor: Hayes 01/24/06 House Member(s) request name added as sponsor: McGee, Stewart 01/31/06 House Member(s) request name removed as sponsor: Branham 02/01/06 House Committee report: Favorable Ways and Means HJ-2 02/01/06 House Special order, set for Wednesday, February 8, 2006, immediately following call of uncontested calendar (Under H. 4575) HJ-34 02/08/06 House Read second time HJ-25 02/08/06 House Roll call Yeas-102 Nays-17 HJ-56 02/09/06 House Read third time and sent to Senate HJ-18 02/09/06 Senate Introduced and read first time SJ-9 02/09/06 Senate Referred to Committee on Judiciary SJ-9 02/09/06 Senate Referred to Subcommittee: Martin (ch), Hutto, Ritchie, Sheheen, Campsen 05/08/06 Senate Recalled from Committee on Judiciary SJ-45 05/09/06 Senate Amended SJ-38 05/09/06 Senate Read second time SJ-38 05/09/06 Senate Unanimous consent for third reading on next legislative day SJ-50 05/11/06 Scrivener's error corrected 05/11/06 Senate Read third time and returned to House with amendments SJ-3 05/17/06 House Senate amendment amended HJ-76 05/17/06 House Returned to Senate with amendments HJ-80 05/17/06 Senate Non-concurrence in House amendment SJ-51 05/17/06 House House insists upon amendment and conference committee appointed Reps. Cotty, Merrill, and Anthony HJ-125 05/18/06 Senate Conference committee appointed Martin, Short, and Ritchie SJ-47 05/30/06 House Free conference powers granted HJ-114 05/30/06 House Free conference committee appointed Reps. Cotty, Merrill, and Anthony HJ-117 05/31/06 Senate Free conference powers granted SJ-105 05/31/06 Senate Free conference committee appointed Martin, Short, and Ritchie SJ-105 05/31/06 Senate Free conference report adopted SJ-105 05/31/06 House Free conference report received and adopted HJ-198 05/31/06 House Roll call Yeas-113 Nays-2 HJ-203 05/31/06 Senate Ordered enrolled for ratification 06/07/06 Ratified R 418 06/13/06 No signature required 06/15/06 Copies available 06/15/06 Effective date 06/07/06 10/17/06 Act No. 402




H. 4450

(A402, R418, H4450)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, PreviousARTICLENext III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN PreviousARTICLENext X OF THE STATE CONSTITUTION; TO AMEND SECTION 6 OF PreviousARTICLENext X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

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

Property tax amendments proposed

SECTION    1.    A.        It is proposed that Section 29 of PreviousArticleNext III of the Constitution of this State be amended to read:

"Section 29.    Taxes on personal property must be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. Taxes on real property must be ascertained by the methods provided by the General Assembly by general law as prescribed in PreviousArticleNext X of this Constitution."

B.        It is proposed that Section 6 of PreviousArticleNext X of the Constitution of this State be amended to read:

"Section 6.    Except as otherwise provided in this section, the General Assembly may vest the power of assessing and collecting taxes in all of the political subdivisions of the State, including counties, municipalities, special purpose districts, public service districts, and school districts. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such taxes; provided, that on properties located in an area receiving special benefits from the taxes collected, special levies may be permitted by general law applicable to the same type of political subdivision throughout the State, and the General Assembly shall specify the precise condition under which such special levies shall be assessed. For the tax year beginning 2007, each parcel of real property in this State shall have a maximum value for ad valorem taxes that does not exceed its fair market value. The General Assembly is authorized, by general law, to define 'fair market value' and to define when property has been improved or when losses have occurred to change the value of the real property.

The General Assembly shall establish, through the enactment of general law, and not through the enactment of local legislation pertaining to a single county or other political subdivision, the method of assessment of real property within the State that shall apply to each political subdivision within the State. Each political subdivision shall value real property by a method in which the value of each parcel of real property, adjusted for improvements and losses, does not increase more than fifteen percent every five years unless, as defined by the General Assembly, an assessable transfer of interest occurs.

Notwithstanding any other provision of law, for the purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, pursuant to Sections 14 and 15 of PreviousArticleNext X, respectively of the Constitution of this State, the assessed values of all taxable property within a political subdivision or school district shall not be lower than the assessed values of tax year 2006.

Whenever there is a merger of governments authorized under Section 12 of PreviousArticleNext VIII, tax districts may be created, based upon the services rendered in each district, but tax levies must be uniform in respect to persons and property within each such district."

Ballot question

SECTION    2.    The proposed amendments in Section 1 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 PreviousArticleNext III and PreviousArticle X of the Constitution of this State be amended to authorize the General Assembly to establish the method of valuation for real property based on limits to increases in taxable value, adjusted for improvements and losses, of no more than fifteen percent over a five-year period, unless an assessable transfer of interest occurs; to provide that for purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, the assessed values of all taxable property within a political subdivision or school district shall not be lower than the assessed values for 2006; and to provide that the General Assembly, by general law and not through local legislation pertaining to a single county or other political subdivision, shall provide for the terms, conditions, and procedures to implement the above provisions?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after '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 7th day of June, 2006.

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