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S. 230

STATUS INFORMATION

General Bill
Sponsors: Senator Bryant
Document Path: l:\s-res\klb\001prop.kmm.doc

Introduced in the Senate on January 12, 2005
Currently residing in the Senate Committee on Finance

Summary: Millage increases must be approved by referendum

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/12/2005  Senate  Introduced and read first time SJ-22
   1/12/2005  Senate  Referred to Committee on Finance SJ-22
    2/4/2005  Senate  Referred to Subcommittee: Martin (ch), Malloy, Campsen, 
                        Williams

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/12/2005

TO AMEND SECTION 6-1-320, OF THE 1976 CODE, RELATING TO MILLAGE RATE INCREASE LIMITATIONS AND EXCEPTIONS, TO PROVIDE THAT ANY MILLAGE RATE INCREASES MUST FIRST BE APPROVED BY THE MAJORITY OF QUALIFIED ELECTORS AT A REFERENDUM.

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

SECTION    1.    Section 6-1-320 of the 1976 Code is amended to read:

"Section 6-1-320    .    (A)    Notwithstanding Section 12-37-251(E), a local governing body may:

(1)    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 if an increase receives a favorable vote of the qualified electors voting in a referendum for the purpose of increasing the millage rate; or

(2)    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.

(B)    Notwithstanding the limitation upon requirement for a referendum to implement millage rate increases contained in subsection (A), the millage rate limitation referendum requirement may be suspended and the millage rate may be increased by a local governing body for the following purposes and only for the fiscal year that the following purposes exist:

(1)    in response to a natural, environmental, or other disaster as declared by the Governor;

(2)    to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;

(3)    to raise the revenue necessary to comply with judicial mandates requiring the use of county or municipal funds, personnel, facilities, or equipment;

(4)    to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030, if applicable.

(C)    The millage rate limitation provided for in subsection (A) of this section 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. Any referendum required by this section must be ordered by a majority vote of the local governing body, conducted by the county election commission, and notice of the referendum given by publication in all of the newspapers in the affected area at least once a week for three consecutive weeks before the referendum. The notice must give the date of the referendum, the questions to be voted upon, and any other information that would aid the voters to understand the questions being presented to them.

(D)    The restriction referendum requirement contained in this section does not affect millage that is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.

(E)    Notwithstanding any provision contained herein, this article does not and may not be construed to amend or to repeal the rights of a legislative delegation to set or restrict school district millage, and this article does not and may not be construed to amend or to repeal any caps on school millage provided by current law or statute or limitation on the fiscal autonomy of a school district as currently in existing law.

(F)    The positive majority vote of the governing body referendum required by this section does not apply to school districts that have their budgets approved by qualified electors at a town meeting."

SECTION    2.    This act takes effect upon approval by the Governor and applies to taxes imposed for the year of implementation of a countywide assessment and equalization plan in property tax years beginning after 2005.

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