By Tim Smith CAPITAL BUREAU tcsmith@greenvillenews.com
COLUMBIA -- The South Carolina Supreme Court could overturn
legislation in another month that would have delayed the
implementation of property tax reassessment in Greenville County
until next year, a state senator said Friday.
Greenville County lawmakers unanimously passed the legislation
earlier this year because they said the Legislature was working on
proposals changing the property tax and reassessment systems.
Gov. Mark Sanford vetoed the bill, arguing that it was
unconstitutional and unnecessary. The state's Constitution, he said
then, forbids the Legislature from enacting laws that affect only
one county. Greenville County lawmakers unanimously overrode
Sanford's veto.
Greenville businessman Ned Sloan agreed with Sanford and has
filed a lawsuit, in conjunction with the S.C. Public Interest
Foundation, against the Legislature in a move to overturn the
legislation.
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The Supreme Court has agreed to decide the matter but stayed any
action until the end of the legislative session June 1 to give
lawmakers a chance to solve the problem using statewide legislation,
according to a copy of the court's order.
Sen. David Thomas, a Greenville Republican who sponsored the
legislation, said other lawmakers have objected to a statewide
approach. That means the only hope of blocking implementation, he
said, lies with the Greenville County Council, which has the
authority to delay implementation but hasn't chosen to do so.
County Council Chairman Butch Kirven said the issue is complex
and he sees no urgency.
"We need to make sure we make a sound decision based on the true
facts, and we haven't yet analyzed that," he said.
He said he has asked staff to look at the pros and cons of
delaying implementation in preparation for a discussion on the
matter with council.
The bill came as a surprise to county officials when Thomas
introduced it in January.
Thomas said the legislation may be overturned by justices after
the session ends. He said without any action by the County Council,
homeowners may see increases on their tax bills.
"If County Council refuses to act, then there's going to be a big
increase that will end up being on the bond portion of people's
taxes," he said. "That's a significant number."
Kirven said the council has several issues to consider in
deciding whether to delay implementation.
"The matter of taxes is alive in the General Assembly," he said.
"We're waiting to see what they do. We're not a party to the Sloan
suit. We're not sure where that's going to go. There are so many
questions out there right now. Action by County Council is not
timely at this moment."
Kirven said about 22 percent of homeowners' tax bills comes from
county operations and about 70 percent from school operations.
The Greenville County school board this week gave initial
approval to a budget that would raise property taxes 4 mills, or $16
on a $200,000 home.
When a reassessment takes place, the rate can be rolled back and
still generate as much or more money.
Lawmakers are still grappling with competing property tax relief
and reassessment plans from the House and Senate. Neither, however,
reduces or eliminates the school debt portion of homeowners' tax
bills.
Sloan has acted as a government gadfly in recent years, filing a
string of court challenges to agencies, the Legislature and even the
governor.
One of his most recent suits challenged the current terms of
three state highway commissioners, arguing the law does not permit
them to serve as long as they have. |