Current Status Introducing Body:House Bill Number:3749 Primary Sponsor:Gonzales Committee Number:30 Type of Legislation:GB Subject:School districts, underpayments to Residing Body:House Current Committee:Ways and Means Computer Document Number:436/11136AC.93 Introduced Date:19930318 Last History Body:House Last History Date:19930318 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Gonzales H. Brown Martin Worley Simrill Corning Haskins Moody-Lawrence D. Wilder Vaughn Hallman Shissias Wofford R. Young Wells Riser Stone Cato Stuart Witherspoon Meacham Phillips Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3749 House 19930318 Introduced, read first time, 30
referred to Committee
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TO AMEND CHAPTER 20, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION FINANCE ACT, BY ADDING SECTION 59-20-45 SO AS TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT (EFA) ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT WITHIN THE SUCCEEDING THREE SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, AND TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 20, Title 59 of the 1976 Code is amended by adding:
"Section 59-20-45. An Education Finance Act (EFA) underpayment to a school district resulting from an error in the preparation of the district's index of taxpaying ability must be made up in EFA distributions to the district within three years. The amount of the makeup payment to the district must be deducted from available EFA funds before the allocation of EFA funds for the years during which the makeup payment is being made. This section only applies if the amount of the underpayment exceeds ten percent of the EFA funds allocated to the district for that school year. However, any local tax levied to generate additional revenue due to the EFA underpayment must be taken into account so as to reduce the tax levy by a corresponding amount for applicable years in which the makeup is received as provided in this section."
SECTION 2. This act takes effect upon approval by the Governor.