H 3466 General Bill, By Hawkins, Davenport, Fleming, Klauber, Lanford, Lee, 
Littlejohn, Simrill, Taylor and Walker
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 12-43-218 SO AS TO PROVIDE FOR A REVIEW BY THE SOUTH CAROLINA DEPARTMENT OF
 REVENUE OF THE ROLLBACK MILLAGE AS CALCULATED AND IMPOSED BY EACH PROPERTY
 TAXING JURISDICTION IN A COUNTY FOR THE PROPERTY TAX YEAR A REASSESSMENT
 PROGRAM IS IMPLEMENTED AND TO REQUIRE THAT EXCESS PROPERTY TAX REVENUES
 RECEIVED FROM EACH INDIVIDUAL TAXPAYER RESULTING FROM ANY MILLAGE INCORRECTLY
 IMPOSED BE HELD IN A SEPARATE FUND AND DESIGNATED TO THAT TAXPAYER'S CREDIT TO
 BE USED ONLY TO OFFSET THE PROPERTY TAX DUE FROM THAT TAXPAYER THE NEXT
 PROPERTY TAX YEAR.

   02/04/99  House  Introduced and read first time HJ-21
   02/04/99  House  Referred to Committee on Ways and Means HJ-21

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-218 SO AS TO PROVIDE FOR A REVIEW BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE OF THE ROLLBACK MILLAGE AS CALCULATED AND IMPOSED BY EACH PROPERTY TAXING JURISDICTION IN A COUNTY FOR THE PROPERTY TAX YEAR A REASSESSMENT PROGRAM IS IMPLEMENTED AND TO REQUIRE THAT EXCESS PROPERTY TAX REVENUES RECEIVED FROM EACH INDIVIDUAL TAXPAYER RESULTING FROM ANY MILLAGE INCORRECTLY IMPOSED BE HELD IN A SEPARATE FUND AND DESIGNATED TO THAT TAXPAYER'S CREDIT TO BE USED ONLY TO OFFSET THE PROPERTY TAX DUE FROM THAT TAXPAYER THE NEXT PROPERTY TAX YEAR.

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

SECTION 1. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:

"Section 12-43-218. The South Carolina Department of Revenue shall review the rollback millage calculated and imposed in each property taxing jurisdiction in a county following the implementation of a countywide reappraisal and equalization program. If that review determines that a jurisdiction has incorrectly calculated the rollback millage and imposed a millage rate in excess of the maximum rollback millage, the department shall notify the governing body of the affected jurisdiction, which governing body shall calculate the excess property tax revenue received from each individual taxpayer resulting from the incorrectly imposed millage, transfer it into an account separate from the general fund of the jurisdiction, designate it to that taxpayer's credit, and use it and its interest accrued at the rate established in Section 12-54-25(C) only to offset the property tax otherwise due from that taxpayer the next property tax year."

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