South Carolina General Assembly
110th Session, 1993-1994

Bill 343


                    Current Status
Introducing Body:               Senate
Bill Number:                    343
Ratification Number:            24
Act Number:                     13
Primary Sponsor:                Setzler
Type of Legislation:            GB
Subject:                        School district property,
                                assessment appeal of value
Date Bill Passed both Bodies:   19930304
Computer Document Number:       JIC/5265HC.93
Governor's Action:              S
Date of Governor's Action:      19930323
Introduced Date:                19930128
Date of Last Amendment:         19930302
Last History Body:              ------
Last History Date:              19930323
Last History Type:              Act No. 13
Scope of Legislation:           Statewide
All Sponsors:                   Setzler
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
343    ------  19930323      Act No. 13
343    ------  19930323      Signed by Governor
343    ------  19930317      Ratified R 24
343    Senate  19930304      Concurred in House amendment,
                             enrolled for ratification
343    House   19930303      Read third time, returned to
                             Senate with amendment
343    House   19930302      Amended, read second time
343    House   19930302      Reconsidered vote whereby the
                             bill was rejected
343    House   19930216      Rejected by division vote of
                             30 to 74
343    House   19930211      Debate adjourned until
                             Tuesday, February 16, 1993
343    House   19930203      Recalled from Committee         30
343    House   19930203      Introduced, read first time,    30
                             referred to Committee
343    Senate  19930202      Read third time, sent to House
343    Senate  19930129      Read second time
343    Senate  19930128      Unanimous consent for second
                             and third reading on the next
                             two consecutive Legislative
                             days
343    Senate  19930128      Introduced, read first time,
                             placed on Calendar without
                             reference
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A13, R24, S343)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE

THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL, TO REQUIRE THE SCHOOL DISTRICT TO REMIT TO THE GENERAL FUND ANY ADDITIONAL AMOUNT IT RECEIVED IF THE FINAL SETTLEMENT OF THE APPEAL RESULTED IN A VALUE HIGHER THAN THE VALUE ASSERTED BY THE TAXPAYER, AND TO REQUIRE THE AMOUNT REMITTED TO THE GENERAL FUND TO BE CONSIDERED AS APPROPRIATION UNDER THE EDUCATION FINANCE ACT AND INCLUDED IN THE EFA DISTRIBUTION TO DISTRICTS.

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

Index of taxpaying ability calculation

SECTION 1. Chapter 20, Title 59 of the 1976 Code is amended by adding:

"Section 59-20-23. When an appeal of the assessed value of property assessed pursuant to Section 12-43-220(a) extends for more than two years and the amount in dispute is more than thirty percent of the total of assessed value of property in the school district in which the property under appeal is located, the index of taxpaying ability for the school district must be calculated using the value asserted by the taxpayer in the appeal.

If the final settlement of the appeal provides for an assessed value greater than the value asserted in the taxpayer's appeal, the local school district, within twelve months, must remit to the general fund of the State any additional funds received from the State Department of Education due to the utilization of the value of the facility asserted in the taxpayer's appeal.

Any funds remitted to the general fund of the State pursuant to this section are considered current fiscal year funds appropriated under the Education Finance Act and must be included in the next distribution of such funds to school districts."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 23rd day of March, 1993.