Current Status Introducing Body:Senate Bill Number:13 Primary Sponsor:Rose Committee Number:06 Type of Legislation:JR Subject:Income tax refund procedures Residing Body:Senate Current Committee:Finance Computer Document Number:S.13 Introduced Date:19930112 Last History Body:Senate Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Passailaigue McConnell Giese Leventis Courson McGill Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
13 Senate 19930112 Introduced, read first time, 06
referred to Committee
View additional legislative information at the LPITS web site.
TO PROVIDE FOR THE MANNER IN WHICH A SETTLEMENT MAY BE REACHED PURSUANT TO THE CLAIMS RESULTING FROM THE DECISION OF THE UNITED STATES SUPREME COURT IN DAVIS V. MICHIGAN, 489 U.S. 803 (1989), AS THAT DECISION MAY APPLY TO THE INDIVIDUAL INCOME TAX LAWS OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The Budget and Control Board or an agent chosen by the board must immediately begin good faith negotiations to reach a reasonable settlement with Francis Edwin Bass, Jr.; Marvin L. Jones; James R. Marvin, Wilton A. Hockenberry; Catherine Louise Moyers; John Gilreath, Mildred B. Jenkins; J. Loring Jenkins, individually and for the benefit and on behalf of all others similarly situated for the refund of income taxes paid during the tax years of 1985 through 1988 pursuant to Section 12-47-440 which were found to be improperly paid as a result of Davis v. Michigan, 489 U.S. 803 (1989).
(B) Terms of the settlement may include, but are not limited to, any reasonable repayment schedules, tax credits, tax deductions, debt instruments, or any combination of these options.
(C) A settlement must be reached and reported in writing to the Lieutenant Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than thirty days after the effective date of this resolution. In the alternative, if no settlement is reached by that time, a detailed written report must be submitted indicating the status of the negotiations.
(D) The General Assembly reserves the right to modify or amend the agreement as it deems appropriate. No settlement shall be binding on the parties until the General Assembly enacts legislation to effectuate the agreement.
SECTION 2. This act takes effect upon approval by the Governor.