Current Status Introducing Body:
SenateBill Number: 343Ratification Number: 24Act Number: 13Primary Sponsor: SetzlerType of Legislation: GBSubject: School district property, assessment appeal of valueDate Bill Passed both Bodies: 19930304Computer Document Number: JIC/5265HC.93Governor's Action: SDate of Governor's Action: 19930323Introduced Date: 19930128Date of Last Amendment: 19930302Last History Body: ------Last History Date: 19930323Last History Type: Act No. 13Scope of Legislation: StatewideAll Sponsors: SetzlerType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 343 ------ 19930323 Act No. 13 343 ------ 19930323 Signed by Governor 343 ------ 19930317 Ratified R 24 343 Senate 19930304 Concurred in House amendment, enrolled for ratification 343 House 19930303 Read third time, returned to Senate with amendment 343 House 19930302 Amended, read second time 343 House 19930302 Reconsidered vote whereby the bill was rejected 343 House 19930216 Rejected by division vote of 30 to 74 343 House 19930211 Debate adjourned until Tuesday, February 16, 1993 343 House 19930203 Recalled from Committee 30 343 House 19930203 Introduced, read first time, 30 referred to Committee 343 Senate 19930202 Read third time, sent to House 343 Senate 19930129 Read second time 343 Senate 19930128 Unanimous consent for second and third reading on the next two consecutive Legislative days 343 Senate 19930128 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A13, R24, S343)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE
THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL, TO REQUIRE THE SCHOOL DISTRICT TO REMIT TO THE GENERAL FUND ANY ADDITIONAL AMOUNT IT RECEIVED IF THE FINAL SETTLEMENT OF THE APPEAL RESULTED IN A VALUE HIGHER THAN THE VALUE ASSERTED BY THE TAXPAYER, AND TO REQUIRE THE AMOUNT REMITTED TO THE GENERAL FUND TO BE CONSIDERED AS APPROPRIATION UNDER THE EDUCATION FINANCE ACT AND INCLUDED IN THE EFA DISTRIBUTION TO DISTRICTS.
Be it enacted by the General Assembly of the State of South Carolina:
Index of taxpaying ability calculation
SECTION 1. Chapter 20, Title 59 of the 1976 Code is amended by adding:
"Section 59-20-23. When an appeal of the assessed value of property assessed pursuant to Section 12-43-220(a) extends for more than two years and the amount in dispute is more than thirty percent of the total of assessed value of property in the school district in which the property under appeal is located, the index of taxpaying ability for the school district must be calculated using the value asserted by the taxpayer in the appeal.
If the final settlement of the appeal provides for an assessed value greater than the value asserted in the taxpayer's appeal, the local school district, within twelve months, must remit to the general fund of the State any additional funds received from the State Department of Education due to the utilization of the value of the facility asserted in the taxpayer's appeal.
Any funds remitted to the general fund of the State pursuant to this section are considered current fiscal year funds appropriated under the Education Finance Act and must be included in the next distribution of such funds to school districts."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 23rd day of March, 1993.