H*2858 Session 106 (1985-1986)
H*2858(Rat #0296, Act #0196 of 1985) General Bill, By H.E. Pearce and Elliott
A Bill to amend Section 4-29-10, as amended, Code of Laws of South Carolina,
1976, relating to industrial development projects and definitions, so as to
provide a new definition for the term "project"; and to require that after
January 1, 1986, before any project may be purchased or leased for the purpose
of providing a project under this Act, the plan for the purchase or lease must
be submitted to the applicable council of governments for the preparation of a
feasibility report, provide for the contents of this report, and require this
report to be submitted to the governing body at least thirty days prior to the
execution of the final purchase or lease arrangement.-amended title
04/12/85 House Introduced and read first time HJ-3483
04/12/85 House Referred to Committee on Labor, Commerce and
Industry HJ-3483
05/29/85 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-3596
06/03/85 House Debate adjourned HJ-3772
06/04/85 House Amended HJ-3821
06/04/85 House Read second time HJ-3824
06/05/85 House Read third time and sent to Senate HJ-3943
06/05/85 Senate Introduced, read first time, placed on calendar
without reference SJ-2824
06/05/85 Senate Unanimous consent for second reading on next
legislative day SJ-2824
06/05/85 Senate Unanimous consent for third reading on next
legislative day SJ-2824
06/06/85 Senate Read second time SJ-2883
06/11/85 Senate Read third time and enrolled SJ-2931
06/18/85 Ratified R 296
06/24/85 Signed By Governor
06/24/85 Effective date 06/24/85
06/24/85 Act No. 196
07/10/85 Copies available
(A196, R296, H2858)
AN ACT TO AMEND SECTION 4-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS AND DEFINITIONS, SO AS TO
PROVIDE A NEW DEFINITION FOR THE TERM "PROJECT"; AND TO REQUIRE THAT
AFTER JANUARY 1, 1986, BEFORE ANY PROJECT MAY BE PURCHASED OR LEASED FOR THE
PURPOSE OF PROVIDING A PROJECT UNDER THIS ACT, THE PLAN FOR THE PURCHASE OR LEASE
MUST BE SUBMITTED TO THE APPLICABLE COUNCIL OF GOVERNMENTS FOR THE PREPARATION
OF A FEASIBILITY REPORT, PROVIDE FOR THE CONTENTS OF THIS REPORT, AND REQUIRE
THIS REPORT TO BE SUBMITTED TO THE GOVERNING BODY AT LEAST THIRTY DAYS PRIOR TO
THE EXECUTION OF THE FINAL PURCHASE OR LEASE ARRANGEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that:
(a) Recent changes in federal funding for facilities for providing water and
wastewater treatment have made it necessary that cities, counties, special
purpose districts, and others providing water and wastewater treatment services
find alternative means of financing or obtaining these facilities.
(b) Under certain circumstances it may be possible for private persons or
corporations to acquire and construct these facilities for the purpose of
providing services to public agencies at costs below those which these agencies
would incur by financing these facilities themselves.
(c) The ability of private persons or corporations to provide these facilities
and services would be enhanced by the availability of tax-exempt financing for
these facilities.
(d) The provision of these facilities serves a public purpose.
Definition
SECTION 2. Item (3) of Section 4-29-10 of the 1976 Code, as last amended by Act
479 of 1984, is further amended to read:
"(3) 'Project' means any land and any buildings and other improvements
on the land including, without limiting the generality of the foregoing, water,
sewage treatment and disposal facilities, air pollution control facilities, and
all other machinery, apparatus, equipment, office facilities and furnishing which
are considered necessary, suitable, or useful by the following or any combination
thereof: (a) any enterprise for the manufacturing, processing, or assembling
of any agricultural or manufactured products; (b) any commercial enterprise
engaged in storing, warehousing, distributing, transporting, or selling products
of agriculture, mining, or industry, or engaged in providing laundry services to
hospitals, to convalescent homes, or to medical treatment facilities of any type,
public or private, within or outside of the issuing county or incorporated
municipality and within or outside of the State; (c) any enterprise for research
in connection with any of the foregoing or for the purpose of developing new
products or new processes or improving existing products or processes; (d) any
enterprise engaged in commercial business, including, but not limited to,
wholesale, retail, or other mercantile establishments; office buildings; computer
centers; tourism, sports, and recreational facilities; convention and trade show
facilities; and public lodging and restaurant facilities if the primary purpose
is to provide service in connection with another facility qualifying under this
subitem; and (e) any enlargement, improvement, or expansion of any existing
facility in subitems (a), (b), (c), and (d) of this item. The term project does
not include facilities for an enterprise primarily engaged in the sale or
distribution to the public of electricity, gas, or telephone services. A project
may be located in one or more counties or incorporated municipalities. The term
'project' also includes any structure, building, machinery, system, land,
interest in land, water right, or other property necessary or desirable to
provide facilities to be owned and operated by any person, firm, or corporation
for the purpose of providing drinking water, water, or wastewater treatment
services or facilities to any public body, agency, political subdivision, or
special purpose district."
Plan must be submitted
SECTION 3. After January 1, 1986, before any project may be purchased or leased
from any municipality, county, agency, political subdivision, or special purpose
district for the purpose of providing a project hereunder, the plan for the
purchase or lease must be submitted to the applicable council of governments for
the preparation of a feasibility report which shall include the fiscal impact of
the proposed action on the taxpayers of each taxing authority affected by the
project. The report must be submitted to the governing body of the municipality,
county, agency, political subdivision or special purpose district at least thirty
days prior to the execution of the final purchase or lease arrangement.
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |