S*0295(Rat #0030, Act #0020 of 2013)  General Bill, By Fair, Cromer, Verdin and 
Allen

Similar(H 3268)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 6-11-2028 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT
 CREATED BY ACT OF THE GENERAL ASSEMBLY, WHICH PROVIDES RECREATIONAL SERVICES
 AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO
 VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A
 COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC
 HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING
 BODY AND THE GOVERNING BODY OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF
 THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION 6-11-2140; TO PROVIDE FOR
 CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE
 DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT
 THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH
 RECREATIONAL AND AGING SERVICES OR THAT HAS A BOARD APPOINTED BY THE GOVERNOR
 UPON THE RECOMMENDATION OF THE COUNTY LEGISLATIVE DELEGATION. - ratified title

   01/24/13  Senate Introduced and read first time (Senate Journal-page 7)
   01/24/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 7)
   02/15/13  Senate Referred to Subcommittee: Allen (ch), Corbin, Turner
   03/06/13  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry (Senate Journal-page 6)
   03/20/13  Senate Committee Amendment Adopted (Senate Journal-page 19)
   03/20/13  Senate Read second time (Senate Journal-page 19)
   03/20/13  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 19)
   03/21/13  Senate Read third time and sent to House
                     (Senate Journal-page 26)
   04/09/13  House  Introduced and read first time (House Journal-page 23)
   04/09/13  House  Referred to Committee on Judiciary
                     (House Journal-page 23)
   04/17/13  House  Recalled from Committee on Judiciary
                     (House Journal-page 43)
   04/18/13  House  Read second time (House Journal-page 101)
   04/18/13  House  Roll call Yeas-102  Nays-4 (House Journal-page 102)
   04/18/13  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 103)
   04/19/13  House  Read third time and enrolled (House Journal-page 7)
   05/02/13         Ratified R 30
   05/03/13         Signed By Governor
   05/08/13         Effective date 05/03/13
   05/13/13         Act No. 20

(A20, R30, S295)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2028 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, WHICH PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING BODY AND THE GOVERNING BODY OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION 6-11-2140; TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH RECREATIONAL AND AGING SERVICES OR THAT HAS A BOARD APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE COUNTY LEGISLATIVE DELEGATION.

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

Transfer of assets and liabilities of special purpose district to county

SECTION    1.    Article 15, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-2028.    (A)    Notwithstanding the provisions of this article, the assets and liabilities of a special purpose district that:

(1)    is created by act of the General Assembly that does not require a referendum;

(2)    provides only recreational services; and

(3)    has as its boundary the same as the county in which it is located, may be transferred to the governing body of the county in which the special purpose district is located if the governing body of the special purpose district and the governing body of the county each pass by a supermajority of two-thirds vote of members present and voting resolutions that transfer the special purpose district's assets and liabilities to the governing body of the county in which the special purpose district is located. The governing body of the special purpose district must hold a public hearing prior to the passage by a supermajority of two-thirds vote of the resolutions by the governing body of the special purpose district and the governing body of the county. The provisions of this section are applicable only if the governing body of the county also adopts a resolution agreeing to follow the provisions of Section 6-11-2140.

(B)    For purposes of calculating the millage limitation imposed pursuant to Section 6-1-320 for a county, any millage for operating purposes imposed by the dissolved special purpose district is considered to be imposed by the county.

(C)    The provisions of this section do not apply to a special purpose district that: (1) provides both recreational and aging services; or (2) has a board appointed by the Governor upon the recommendation of the county legislative delegation.

(D)    The provisions of this section expire two years from the effective date of this act."

Time effective

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

Ratified the 2nd day of May, 2013.

Approved the 3rd day of May, 2013.