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H. 4423

STATUS INFORMATION

General Bill
Sponsors: Reps. White, Cooper, Vaughn, Altman, Leach and Mahaffey
Document Path: l:\council\bills\ggs\22333htc04.doc

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Ways and Means

Summary: Property tax increase limitations and provisions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/3/2003  House   Prefiled
   12/3/2003  House   Referred to Committee on Ways and Means
   1/13/2004  House   Introduced and read first time HJ-68
   1/13/2004  House   Referred to Committee on Ways and Means HJ-69

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2003

TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO PROVIDE THAT THE ROLLBACK MILLAGE RATE OTHERWISE APPLICABLE FOR THE PROPERTY TAX YEAR IN WHICH THE VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM ARE IMPLEMENTED MAY NOT BE INCREASED EXCEPT UPON A FAVORABLE VOTE IN A REFERENDUM HELD SPECIFICALLY FOR THAT PURPOSE.

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

SECTION    1.    A.    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 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, and this rollback millage may be increased only if an increase receives a favorable vote of the qualified electors voting in a referendum held for the purpose of increasing the rollback millage rate."

B.    Section 6-1-320(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(C)    The millage rate limitation provided for in subsection (A) of this section, not including the referendum requirements, may be overridden and the millage rate may be further increased by a positive majority vote of the appropriate governing body. The vote must be taken at a specially-called meeting held solely for the purpose of taking a vote to increase the millage rate. The governing body must provide public notice of the meeting notifying the public that the governing body is meeting to vote to override the limitation and increase the millage rate. Public comment must be received by the governing body prior to the override vote."

SECTION    2.    This act takes effect upon approval by the Governor and applies for taxes imposed for the year of implementation of a countywide assessment and equalization plan in property tax years beginning after 2003.

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