South Carolina Legislature


 

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H 4530
Session 109 (1991-1992) 

H 4530 General Bill, By C.Y. Waites, Alexander, J.J. Bailey, R.A. Barber, 
R.S. Corning, J.L.M. Cromer, Harrison, K.G. Kempe, H.H. Keyserling, 
J.T. McElveen, J.S. Shissias, R. Smith, C.C. Wells, Wilkes, D.A. Wright and 
Young-Brickell
 A Bill to amend Section 4-9-50, Code of Laws of South Carolina, 1976, relating
 to the requirement that the General Assembly provide the necessary funds to
 administer a law, rule, or regulation which it mandates a county to implement,
 so as to suspend state mandates to counties unless funded by appropriations
 made by the General Assembly and to suspend the granting or increasing of
 exemptions from county property taxation unless any loss of property tax
 revenue resulting from the exemption is funded by appropriations made by the
 General Assembly.

   03/05/92  House  Introduced and read first time HJ-37
   03/05/92  House  Referred to Committee on Ways and Means HJ-37



A BILL

TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

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

SECTION 1. Section 4-9-50 of the 1976 Code is amended to read:

"Section 4-9-50. Whenever the General Assembly shall provide by general law for the use of county personnel, facilities or equipment to implement such general law or rules and regulations promulgated pursuant thereto, the State agency or department responsible for administering such general law shall provide sufficient funds for county implementation from appropriations to that agency of department; provided, that this section shall not apply to construction of or improvement to county capital improvements or other permanent facilities required by the provisions of the general law or regulations promulgated pursuant thereto. (A) A law enacted by the General Assembly requiring the use of county personnel, facilities, or equipment or requiring the expenditure of county funds to provide a new service program or to expand an existing service program or which imposes any direct service or cost obligation upon a county is effective in the county only if, at the same session in which the law is enacted, the General Assembly, by appropriation, provides for the assumption by the State of the cost, exclusive of incidental local administration expenses, and unless the General Assembly provides, by appropriation, in each successive year for the assumption of cost by the State.

(B) A law granting or increasing exemptions from county property taxation is effective in a county only if the General Assembly, at the same session in which the law is enacted and in each successive year after that, provides, by appropriation, for payment by the State to each county of any loss of taxes resulting from the exemption.

(C) An administrative rule or regulation which results in the imposition of additional costs upon a county is not effective until the General Assembly has provided, by appropriation, for the assumption by the State of the cost, exclusive of incidental local administration expenses and unless the General Assembly provides, by appropriation, in each successive year for the assumption.

(D) The governing body of a county, the chairman of a legislative committee, or the presiding officer of the House of Representatives or Senate may submit written notice to the Budget Division of the State Budget and Control Board requesting that the Budget Division determine whether the costs imposed by the State by any law, rule, or regulation subject to the provisions of this section have been paid in full by the State in the preceding year and, if not, the amount of any deficiency in the payments. The Budget Division shall make public its determination within sixty days after the notice.

(E) (1) The governing body of a county may petition the court of common pleas in the county alleging that under the provisions of this section, with respect to a general law or rule or regulation of any administrative agency of the State under which a county is required to expend funds in anticipation of reimbursement by the State, the amount necessary for the reimbursement has not been included in the general or any special appropriation bill for any year.

(2) The governing body of a county may petition the court of common pleas in the county alleging that under the provisions of this section, with respect to any general law or rule or regulation of any administrative agency of the State which imposes additional costs on a county or which grants or increases exemptions from county property taxation, the amount necessary to reimburse the county has not been included in the general or any special appropriation bill for any year.

(3) The determination of the amount of deficiency provided by the Budget Division of the State Budget and Control Board under subsection (D) is prima facie evidence of the amount necessary.

(4) The court of common pleas shall determine the amount of the deficiency, if any, and order that the county is exempt from the general law or rule or regulation of any administrative agency until the State reimburses the county the amount of the deficiency or additional costs or shall repeal the exemption from county property taxation.

(F) Notwithstanding the provisions of this section, the governing body of a county, by written resolution, may accept the provisions of any law, rule, or regulation whether or not the law, rule, or regulation is funded by the State.

(G) The provisions of this section do not apply to any costs to counties or exemptions to local county property taxation resulting from a decision of any court of competent jurisdiction.

(H) The Budget Division of the State Budget and Control Board shall prepare and submit to the Governor and the General Assembly, before each session of the General Assembly, a report detailing the total estimated financial effect of all laws, rules, and regulations of any administrative agency of the State passed by the General Assembly or promulgated by the state agency in the preceding session of the General Assembly which requires a county to expend funds or which imposes additional costs on a county or which grants or increases exemptions from county property taxation."

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

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