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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