H 4981 Session 112 (1997-1998)
H 4981 General Bill, By Beck, Mason, Sharpe and R. Smith
Similar(S 1078)
A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976,
KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT
AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO
BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL
PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH
BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.
04/08/98 House Introduced and read first time HJ-22
04/08/98 House Referred to Committee on Ways and Means HJ-22
A BILL
TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF
SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY
FACILITIES REDEVELOPMENT LAW" RELATING TO
REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE
OF FEDERAL MILITARY INSTALLATIONS, SO AS TO
BROADEN THE AUTHORITY TO INCLUDE ACQUISITION
AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL
PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION
WITH BOTH FEDERAL MILITARY INSTALLATIONS AND
OTHER FEDERAL DEFENSE SITES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 12, Title 31 of the 1976 Code is amended to
read:
"CHAPTER 12
Redevelopment Authority to Acquire and Dispose
of Federal Military Installations and Other Defense
Sites
Section 31-12-10. This chapter may be cited as the
'Military Federal Defense Facilities Redevelopment
Law'.
Section 31-12-20. The General Assembly finds that:
(1) As a result of the closure, and
realignment, and drastic downsizing of federal
military installations and other federal defense sites in the
United States, federal property located in the State has and will
become available for the State's use. It is in the best interests of the
citizens of this State for the State, municipalities, and counties to
work in concert and oversee and dispose of federal military
defense facilities and other excess federal property, in an
orderly and cooperative manner. It is the intent of this chapter that
redevelopment authorities may be appointed to deal with
military federal defense facilities that have been
scheduled for closure, realignment, or drastic downsizing by
the United States Congress and to consult with the federal
government pursuant to federal law in that connection
relating to defense base closure and realignment. If any other
incidental excess federal property is included with a scheduled
closing, realignment, and drastic downsizing, that property
also may be dealt with by the authorities.
(2) The redevelopment of these facilities often may require
substantial periods of time and substantial investment in
redevelopment of the properties, including public infrastructure on
the properties themselves and in the communities immediately
surrounding the properties in order to re-integrate the former
military federal defense facilities into the
surrounding communities, and all reasonable means should be
provided to assist the redevelopment authorities created pursuant to
this chapter to fund improvements for redevelopment including, in
the case of properties located within incorporated municipalities, tax
increment financing as authorized by Section 14 of Article X of the
Constitution of South Carolina.
Section 31-12-30. As used in this chapter, unless the context
clearly indicates otherwise:
(1) 'Area of operation' means the area within the territorial
boundaries of the counties entitled to representation on an authority
which consist consists of both the real property to be
disposed of by an authority as well as any other properties disposed
of directly by the federal government to public or private persons or
entities, other than disposal to the federal government for other
military defense uses, in connection with military
installation closure and realignment or other federal defense site
closure, realignment, or drastic downsizing, together with such
areas of the surrounding community as may need planning for
infrastructure improvements to support the redevelopment project
area.
(2) 'Authority' means a redevelopment authority created
pursuant to Section 31-12-40.
(3) 'Municipality' means an incorporated municipality of this
State.
(4) 'Obligations' means bonds, notes, or other evidence of
indebtedness issued by the municipality to carry out a redevelopment
project or to refund outstanding obligations.
(5) 'Redevelopment plan' means the comprehensive program of
the authority for redevelopment intended by the payment of
redevelopment costs to redevelop properties scheduled for disposal
which may tend to return properties to the tax rolls, replace lost jobs,
and integrate the properties back into the community, thereby
enhancing the tax bases of the taxing districts which extend into the
project redevelopment area and the economic health of the
community in which it lies. Each redevelopment plan shall
must set forth in writing the program to be undertaken to
accomplish the objectives and shall must include, but
not be limited to, estimated redevelopment project costs, possible
sources of funds to pay costs, the most recent equalized assessed
valuation of the project area as of the time of creation of a tax
increment finance district pursuant to Section 31-12-200, an estimate
as to the equalized assessed valuation after redevelopment, and the
general land uses to apply in the redevelopment project area.
(6) 'Redevelopment project' means any buildings,
improvements, including street improvements, water, sewer and
storm drainage facilities, parking facilities, and recreational facilities.
Any A project or undertaking authorized under
Section 6-21-50 also may qualify as a redevelopment project under
this chapter. All such projects may be owned by the authority, the
municipality, the county, or any other appropriate public
body. This term shall include includes portions of
the redevelopment project located outside the redevelopment project
area so long as they provide needed infrastructure support for the
redevelopment project area.
(7) 'Redevelopment project area' means an area within the
incorporated area of a municipality and designated pursuant to
Section 31-12-200, which is not less in the aggregate than one and
one-half acres. It shall include includes both the real
property to be disposed of by an authority as well as any other
properties disposed of directly by the federal government to public or
private persons or entities, other than disposal to the federal
government for other military defense uses, in
connection with military installation closure and realignment or
other federal defense site closure, realignment, or drastic
downsizing. Redevelopment project areas designated pursuant
to Section 31-12-200 shall may not be counted
against the limits on acreage of redevelopment project areas within
municipalities contained in Section 31-6-30(7).
(8) 'Redevelopment project costs' means and includes the
sum total of all reasonable or necessary costs incurred or
estimated to be incurred and any costs incidental to a redevelopment
project. The costs include, without limitation:
(a) Costs of studies and surveys, plans, and specifications,
professional service costs including, but not limited to, architectural,
engineering, legal, marketing, financial, planning, or special services.
(b) Property assembly costs including, but not limited to,
acquisition of land and other property, real or personal, or rights or
interest interests therein in it,
demolition of buildings, and the clearing and grading of land.
(c) Costs of rehabilitation, reconstruction, repair, or
remodeling of a redevelopment project.
(d) Costs of the construction of a redevelopment project.
(e) Financing costs including, but not limited to, all necessary
and incidental expenses related to the issuance of obligations and
which may include payment of interest on any obligations
issued under the provisions of this chapter accruing during the
estimated period of construction of any redevelopment project for
which the obligations are issued and including reasonable reserves
related thereto to them.
(f) Relocation costs to the extent that a municipality
determines that relocation costs must be paid or required by federal
or state law.
(9) 'Taxing districts' means counties, incorporated
municipalities, schools, special purpose districts, and any other
municipal corporations or districts with the power to levy taxes.
(10) 'Real property' shall include
includes all property assessed under authority of Section
12-4-540 when such the term is used in this chapter
with regard to tax increment financing.
(11) 'Personal property' includes all goods, classified as
equipment, used or bought for use primarily in the operation of the
federal defense facility, not to include inventory, consumer goods, or
farm products, as defined in Sections 36-2-105 and 36-9-109.
Section 31-12-40. (A) The Governor may create separate and
distinct bodies corporate and politic to be known as redevelopment
authorities to oversee the disposition of real and personal federal
property that has been or will be turned over to the State or to the
redevelopment authority as referred to in the Defense Base Closure
and Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended
from time to time, by the federal government or real and personal
federal property that has been designated as surplus property by the
federal government and is to be disposed of by the State or the
redevelopment authority as a result of the closure,
and realignment, or drastic downsizing of
military federal defense facilities in the State. No
more than one authority may be created with jurisdiction over a
single federal military installation or other federal defense
site. Only one authority may be designated within any
a county, and the Governor shall exercise his
authority under this chapter in such a manner so as
to ensure that the composition of any authority created under this
section shall be is structured or restructured in
accordance with the requirements contained hereinbelow
in this section as additional properties may be added through
other closures, and realignments, and
drastic downsizings, as properties are disposed of and as
federally defined Metropolitan Statistical Areas (MSA's) are
redefined, from time to time. If an authority is designated, it shall
be is the sole representative of the State for negotiations
with the appropriate federal authority for reuse and disposal of
property.
(B) If the federal property subject to disposal is contained wholly
within one county, which county does not lie in an MSA extending
over more than one South Carolina county and is not included in a
multicounty authority under subsections (C) or (D), the authority
must include:
(1) two representatives of the State, nominated by a majority of
the Senate and a majority of the House, who must be appointed by
the Governor;
(2) three representatives of the county appointed by the county
governing body;
(3) three representatives of each municipality in which the
municipality's boundaries contain all or a portion of the
military federal defense properties scheduled for
disposal, appointed by the municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a
resident of the county.
(C) If the federal property subject to disposal is contained within
more than one county, with no portion of such the
counties lying within an MSA which extends over more than one
South Carolina county, the authority must include:
(1) two representatives of the State nominated by a majority of
the Senate and a majority of the House, who must be appointed by
the Governor;
(2) two representatives of each county appointed by the
respective county governing body;
(3) two representatives of each municipality in which the
municipality's boundaries contain all or a portion of the
military federal defense properties scheduled for
disposal, appointed by the respective municipal governing body; and
(4) one at-large appointment by the Governor, who shall be a
resident of one of the counties.
(D)(1) If the federal property subject to disposal is
contained wholly or partially within a county, all or a portion of
which lies in an MSA which extends over more than one South
Carolina county, the authority must include:
(1)(a) one representative who is a resident
of each South Carolina county which contains all or a portion of the
federal property subject to disposal, appointed by the Governor;
(2)(b) one representative who is a resident
of each South Carolina county in the MSA not entitled to a resident
representative under subsection (D)(1)(1)(a),
appointed by the Governor;
(3)(c) such additional representatives
who are residents of the respective municipalities as may be
necessary to provide any municipality within whose boundaries the
major portion of federal defense properties scheduled for
disposal lies with one less than the collective number of
representatives provided for in subsections
(D)(1)(1)(a), (D)(2)(1)(b), and
(D)(5)(1)(e) appointed by the Governor from a slate
of candidates submitted by the municipal governing body;
(4)(d) if the major portion of properties
scheduled for disposal lies within a single county but not within the
boundaries of any single municipality, such additional representatives
as may be necessary to provide that county with one less than the
collective number of representatives provided for in subsections
(D)(1)(1)(a), (D)(2)(1)(b), and
(D)(5)(1)(e), appointed by the county governing
body;
(5)(e) one at-large appointment by the
Governor, who shall be a resident of one of the counties which lie,
wholly or partially, in the MSA which is entitled to representation
under subsections (D)(1)(1)(a),
(D)(2)(1)(b),or (D)(4)(1)(d);
(6)(2) the Governor, in his discretion, may
accept or reject the name of any individual submitted for his
consideration pursuant to subsection (D)(3)(1)(c).
If the name of an individual is rejected or is not submitted to the
Senate as provided in subsection (H), the municipality may submit
the name of another individual for the Governor's consideration as
provided in subsection (D)(3)(1)(c); and
(7)(3) notwithstanding any other provision of
law, an individual appointed pursuant to subsections
(D)(1)(1)(a) through (D)(5)(1)(e)
may be removed as provided in Section 1-3-240(B).
(E) No A member of an authority may
not be an elected official or hold another office of honor or
profit of this State or any of its political subdivisions while serving
on the authority as prohibited by the South Carolina Constitution.
Each member of an authority must comply with the provisions of
Chapter 13 of Title 8 of the 1976 Code of Laws including the
requirement to file a statement of economic interests.
(F) All executive orders of the Governor establishing any
authority, commission, committee, or other entity relating to or
concerned with the effects of the closure of a federal military
installation or other federal defense site shall expire
on March 1, 1995. The Governor may issue no executive order
relating to the purposes of this chapter except to create or to modify
the membership of an authority as provided in Section 31-12-40.
(G) Upon the creation of an authority under the provisions of this
chapter with regard to property scheduled for disposal which was also
the subject of an executive order of the Governor issued prior to the
effective date of this act, the authority, by its resolution, may assume
all or part of the responsibilities and activities of the entity previously
authorized by the executive order.
(H) The appointments made pursuant to subsections (B)(2), (B)(3),
and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections
(D)(1)(1)(a), (D)(2)(1)(b),
(D)(3)(1)(c), (D)(4)(1)(d), and
(D)(5)(1)(e) shall be are subject to
the advice and consent of the Senate.
(I) An authority also may be created by resolutions of
municipalities and of counties eligible to make the majority of the
appointments to an authority pursuant to subsections (B) or (C),
respectively.
(J) A vacancy occurring during the recess of the Senate may be
filled by an interim appointment by the appointing body or officer.
The Senate must be notified of the interim appointment, which
shall must be submitted no later than the end of the
third week of its next ensuing regular session. The Senate
may give or withhold its advice and consent to an appointment at any
time after submission of the appointment, provided that if the Senate
does not advise and consent to an appointment prior to
before Sine Die adjournment of that session, the office
shall be remains vacant and the interim appointment
shall does not serve in holdover status
notwithstanding any other provision of law to the contrary. In no
event may the same individual be reappointed by the appointing body
or officer until such time as the term for which the interim
appointee would have served expires.
(K) A vacancy occurring while the Senate is in session, including
a vacancy occurring due to the failure of the Senate to give advice
and consent to any an appointment, may be filled
while the Senate is in session by an appointment of an individual
other than the one that failed to receive advice and consent. The
appointment must be transmitted to the Senate for its consideration
within one week after the appointment is made. If the vacancy occurs
prior to May first 1 and the Senate does not advise
and consent to the appointment prior to before Sine
Die adjournment of that session, the office shall be
remains vacant and the appointee shall does
not serve in holdover status notwithstanding any other provision of
law to the contrary. In no event may the same individual be
reappointed until such time as the term for which the
appointee would have served expires. If the vacancy occurs on or
after May first 1, the appointee is deemed to
be an interim appointee and is subject to the provisions of
subsection (J).
(L) [Reserved]
Section 31-12-50. (A) The term of office for members appointed
pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one
of the state representatives, one of the county representatives, and one
of the municipality representatives shall serve a four-year term as
designated by the respective delegation or governing body. The other
members shall serve an initial two-year term, including the at-large
appointment by the Governor. The term of office for members
appointed pursuant to Section 31-12-40(D) shall be split equally
between two or four years, as determined by lot at their first
organizational meeting, other than the appointment by the Governor
pursuant to Section 31-12-40(D)(5)(1)(e), who shall serve an
initial two-year term. After the initial terms, all members shall serve
four-year terms. Each member shall hold office until his successor
is appointed and qualified.
(B) Vacancies for the unexpired terms of any a
member who resigns, ceases to be qualified, or is removed must be
filled promptly promptly filled in the manner of the
original appointment. Any A member who is guilty
of malfeasance, misfeasance, incompetency, persistent absenteeism,
conflicts of interest, misconduct, persistent neglect of duty in office,
or incapacity, is subject to removal by majority vote of the appointing
body upon any of the foregoing causes being made to appear
satisfactory to the appointing body. A member is subject to removal
by an appointing body, with or without cause, upon a two-thirds vote
of an appointing body. An appointing officer may remove a member
of an authority with or without cause. A member shall receive, as the
authority determines, reimbursement for reasonable travel expenses
and other out-of-pocket expenses incurred in the discharge of the
member's duties.
Section 31-12-60. (A) The Governor's at-large
appointment shall serve for a two-year term as chairman of any
authority initially established. The authority shall select its vice
chairman and such other officers as the authority may determine from
its membership. The authority shall select its chairman at all times
after the initial two-year period during which the Governor's at-large
appointee serves as chairman.
(B) The authority may employ or contract for
with technical experts and other agents and employees as it
may require requires and may determine the
qualifications and compensation of these persons. A majority of the
members then in office shall constitute a quorum for its
meeting. No A member is not liable
personally for losses unless the losses are occasioned by the wilful
misconduct of the member. An authority may delegate one or more
of its members, agents, or employees any of its powers that it
considers necessary to carry out the purposes of the
authority, subject always to the supervision and control of
the whole authority.
Section 31-12-70. (A) An authority shall constitute
is a public body, corporate and politic, exercising public and
essential governmental powers, which powers shall include
all including powers necessary or appropriate to carry
out and effectuate the purposes and provisions of this chapter,
including the following powers:
(1) to make and from time to time amend and repeal bylaws,
rules, regulations, and resolutions;
(2) to have perpetual succession;
(3) to adopt a seal;
(4) to sue and be sued;
(5) to make and execute contracts and other instruments
necessary or convenient to the exercise of the powers of the
authority; and any contract or instrument when signed by the
chairman or vice chairman and secretary or assistant secretary of the
authority must be held to have been properly executed for and on its
behalf;
(6) to cooperate with any government or municipality as defined
in this title;
(7) to act as agent of the state or federal government or any
of its instrumentalities or agencies for the public purposes set out
in this title;
(8) to prepare or cause to be prepared and adopt redevelopment
plans and to undertake and carry out redevelopment projects within
its area of operation;
(9) to arrange or contract for the furnishing or repair by any
person or agency, public or private, of services, privileges, works,
streets, roads, public utilities, or other facilities for or in connection
with a redevelopment project; provided, however, the
this power provided herein shall not be construed to
does not alter or amend the rights, responsibilities, or powers
of electrical utilities, electric cooperatives, electric suppliers,
municipal electric systems, or the Public Service Authority as
provided in Chapters 27 and 31 of Title 58 and Section
5-7-60, as is or as may hereafter be amended;
(10) within its area of operation, to purchase, obtain options
upon, acquire by gift, grant, bequest, devise, or otherwise,
any real or personal property or any interest in it, together
with any improvements on it, necessary or incidental to a
redevelopment project, to hold, improve, clear, or prepare for
redevelopment of the property, and sell, exchange, transfer, assign,
subdivide, retain for its own use, mortgage, pledge, or
otherwise encumber or dispose of any real or personal
property or any interest in it, either as an entirety to a single
redeveloper or in parts to several redevelopers, to enter into contracts,
either before or after the real property that is the subject of the
contract is acquired by the authority, with redevelopers of property
containing covenants, restrictions, and conditions regarding the use
of the property for residential, commercial, industrial, or recreational
purposes or for public purposes in accordance with the
redevelopment plan and such other covenants, restrictions, and
conditions as the authority may consider necessary to effectuate the
purposes of this chapter; and to provide appropriate remedies for any
breach of covenants or conditions, including the right to terminate the
contracts and any interest in the property created pursuant
thereto to them; to borrow money and issue bonds
and provide security for bonds, provided that the authority may not
pledge the full faith and credit of the State or of any of its political
subdivisions for the repayment of said the bonds; to
ensure insure or provide for the insurance of
any real or personal property or operations of the authority
against any risks or hazards, including the power to pay premiums on
the insurance; and to enter into any contracts necessary to
effectuate the purposes of this chapter;
(11) to invest any funds held in reserves or sinking funds
or any funds not required for immediate disbursements, in the
investments as may be lawful for guardians, executors,
administrators, or other fiduciaries under the laws of this State; and
to redeem its bonds at the redemption price established therein or to
purchase its bonds at less than redemption price, all bonds so
redeemed or purchased to be canceled;
(12) to borrow money and to apply for and accept advances,
loans evidenced by bonds, grants, contributions, and any other form
of financial assistance from the federal government, the State, county,
municipality, or other public body or from any sources, public or
private, for the purposes of this chapter, to give this security
as may be required, and to enter into and carry out contracts
in connection with it;
(13) within its area of operation, to make or have made all
surveys, studies, and plans necessary to the carrying out of the
purposes of this chapter and in connection with it to enter into or
upon any land, building, or improvement on it for the
purposes and to make soundings, test borings, surveys,
appraisals, and other preliminary studies and investigations necessary
to carry out its powers and to contract or cooperate with any and
all persons or agencies, public or private, in the making and
carrying out the surveys, appraisals, studies, and plans. An authority
is specifically authorized to make:
(a) plans for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements; and
(b) plans for the enforcement of laws, codes, and regulations
relating to the use of land, the use and occupancy of buildings and
improvements, and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and improvements, subject to the
approval of the municipality, or county if not within a municipality,
within which the properties lie;
(14) to make expenditures as may be necessary to carry out the
purposes of this chapter, and to make expenditures from funds
obtained from the federal government;
(15) to perform redevelopment project undertakings and
activities in one or more contiguous or noncontiguous redevelopment
areas that are planned and carried out on the basis of annual tax
increments in accordance with the remaining provisions of this
chapter.
(B) In carrying out a redevelopment project, an authority may:
(1) with or without consideration and, at private sale, in
accordance with the redevelopment plan, convey real property to the
municipality, county, or other appropriate public body to be laid out
for streets, alleys, and public ways;
(2) with or without consideration, convey at private sale,
in accordance with the redevelopment plan, grant, or dedicate
easements and rights-of-way for public utilities, sewers, streets, and
other similar facilities;
(3) with or without consideration, and at private sale, in
accordance with the redevelopment plan, convey to a municipality,
county, or other appropriate public body, real property to be used for
parks, schools, public buildings, facilities, or other public purposes;
and
(4) temporarily rent or lease, operate, or maintain real property
in a redevelopment area, whether or not in accordance with the
redevelopment plan and pending the disposition of the property for
redevelopment, as may be deemed appropriate.
(C) In developing its redevelopment plans, an authority
shall must:
(1) take into account the needs of the surrounding
community; shall (2) attempt to integrate the
redevelopment of the properties scheduled for disposition with any
adjacent areas; and shall (3) consider the extent to
which the plan compliments the existing development of the
community, the competitive effect on existing businesses in the
community, and the compatibility of the redevelopment with the
community. To that end, and with the consent and concurrence of the
local governing body having planning and zoning authority over the
surrounding areas, the authority may prepare and implement plans for
public infrastructure or other improvements which would be
authorized under the Community Development Law for a
municipality in such those areas.
(D) In furtherance of its purposes, an authority may issue revenue
bonds, the interest on which may or may not be excludable from
gross income for federal income tax purposes, for the purpose of
raising funds needed from time to time for the financing or
refinancing, in whole or in part, of the acquisition, construction,
equipping, maintenance, and operation of any facility, building,
structure, or any other matter or thing which the authority is
authorized to acquire, construct, equip, maintain, or operate.
Section 31-12-80. (A) Any A public body,
including the State and any political subdivision or any public or
quasi-public entity or affiliated corporate entity by whatever name
whose board is appointed pursuant to an act of the General Assembly,
upon such terms, with or without consideration, for the purpose of
aiding and cooperating in the planning, undertaking, or carrying out
of a redevelopment project located within the area in which it is
authorized to act, may:
(a) dedicate, sell, convey, or lease any of its interest in any
property, or grant easements, licenses, or any other rights or
privileges therein to an authority;
(b) cause parks, playgrounds, recreational, community,
education, water, sewer, or drainage facilities, or any other works that
it is otherwise empowered to undertake, to be furnished in connection
with a redevelopment project;
(c) furnish, dedicate, close, vacate, pave, install, grade, regrade,
plan or replan streets, roads, sidewalks, ways, or other places that it
is otherwise empowered to undertake;
(d) plan or replan any part of the redevelopment;
(e) cause administrative and other services to be furnished to the
authority of the character which the public body is otherwise
empowered to undertake or furnish for the same or other purposes;
(f) enter into an agreement to pay fees in lieu of taxes as to any
properties it might use, own, or acquire located within the
redevelopment project area, such fees not to exceed amounts
which would otherwise be paid if the properties were not tax exempt,
and upon approval of the municipal governing body, such
the fees may be pledged for the repayment of tax increment
finance obligations issued pursuant to this chapter;
(g) enter into an agreement to fund public infrastructure
improvements as a part of redevelopment project in such
amounts as may represent anticipated savings in capital or operating
expenditures of the public body due to its acquisition of properties
scheduled for disposition as a part of the redevelopment project;
and,
(h) do any and all things necessary or convenient to aid and
cooperate in the planning or carrying out of a redevelopment plan.
(B) Any A sale, conveyance, or agreement
provided for in this section may be made by a public body without
public notice, advertisement, or public bidding.
Section 31-12-90. Notwithstanding any provision of law, neither
the State nor any political subdivision or any public or quasi-public
entity or affiliated corporate entity by whatever name whose board is
appointed pursuant to an act of the General Assembly or any
nonprofit public or nonprofit private corporation chartered for the
purpose of furthering economic development may make a profit on
the sale of real estate or personal property to a
redevelopment authority created pursuant to this chapter; nor may
any monies from the authority's assets developed through the sale,
lease, or fees generated from the profits be transferred to any
government entity above, beyond, or outside of the authority itself,
except as may be required or permitted by applicable provisions of
the Defense Base Closure Realignment Act, 10 U.S.C. 2901, et seq.,
as it may be amended from time to time.
Section 31-12-100. (A) An authority created pursuant to this
chapter may dissolve the authority by a two-thirds vote of the entire
number of authorized members if no property remains for
redevelopment or if the authority decides to transfer the remaining
redevelopment properties to another public body or successor entity
created by statute.
(B) Final dissolution may occur only upon sale of all properties to
the private sector or conveyance to another public entity described in
subsection (A) with the lawful power to receive real and personal
property held by the authority and the satisfaction of all outstanding
obligations of the authority or their lawful assumption by another
public entity described in subsection (A).
(C) Upon a determination to dissolve, the authority may dispose of
any tangible or intangible property remaining after transfer of any
remaining redevelopment properties as provided by law or in the
following manner:
(1) tangible personal property and cash or similar instruments
held by the authority shall must be distributed to the
local governmental entities which nominated members to the
authority; and
(2) disbursement of assets shall must be based
on the cash value of all assets, and shall must be
distributed in reimbursement to local government entities which have
contributed cash funds or capital assets in proportion to the dollar
value of contributions made by the government entities that have not
been otherwise recovered by the contributing governmental entity
through direct revenues.
(D) The authority shall must keep annual and
permanent records of cash contributions and the value of in-kind
donations of the governmental entities, and such the
records shall must be used to determine the
distribution of assets of the authority based on the net present value
of such the contributions at the time it is dissolved.
Section 31-12-110. Notwithstanding any provision of law or
regulation, an authority shall be is an 'agency' for
purposes of Chapter 78 of Title 15.
Section 31-12-120. Notwithstanding any provision of law or
regulation, an authority must comply with the provisions of Chapter
35 of Title 11, (South Carolina Consolidated
Procurement Code), and the related regulations
issued by the Budget and Control Board. In any instance
where If a provision of this chapter is inconsistent with
a provision of the Procurement Code or regulation, the Procurement
Code and regulation shall control.
Section 31-12-200. Upon creation of a redevelopment authority
by the Governor, any properties scheduled for disposal within
a particular municipality, whether contiguous or not, including to the
extent that the State may then or thereafter
afterwards have or acquire jurisdiction, all properties over
which the State has ceded jurisdiction in whole or in part to the
United States of America, and including both the real property to be
disposed of by an authority as well as any other properties disposed
of directly by the federal government to public or private persons or
entities, other than disposal to the federal government for other
military federal defense uses, in connection with
military installation closure and realignment or other federal
defense site closure, realignment, or drastic downsizing,
shall without further action being necessary, be
constituted as constitute a tax increment finance district
in accordance with the remaining provisions of this chapter.
Section 31-12-210. (A) Obligations secured by the
special tax allocation fund set forth in Section 31-12-270 for the
redevelopment project area may be issued by the municipality upon
the request of the authority to provide for redevelopment project
costs. The obligations, when so issued, must be retired in the
manner provided in the ordinance authorizing the issuance of the
obligations by the receipts of taxes levied as specified in Section
31-12-270 against the taxable property included in the area and other
revenue as specified in Section 31-12-310 designated by the
municipality or by the authority which source does not involve
revenues from any tax or license.
(B) In the ordinance authorizing the issuance of the
obligations the municipality may pledge all or any part of the funds
in and to be deposited in the special tax allocation fund created
pursuant to Section 32-12-200 to the payment of the redevelopment
project costs and obligations. Any A pledge of funds
in the special tax allocation fund must provide for distribution to the
taxing districts of monies not required for payment and securing of
the obligations and the excess funds are surplus funds. In the event
a municipality only pledges only a portion of the
monies in the special tax allocation fund for the payment of
redevelopment project costs or obligations, any funds remaining in
the special tax allocation fund after complying with the requirements
of the pledge also are considered surplus funds. All surplus funds
must be distributed annually to the taxing districts in the
redevelopment project area by being paid by the municipality to the
county treasurer of the county in which the municipality is located.
The county treasurer immediately thereafter shall make
distribution to the respective taxing districts in the same manner and
proportion as the most recent distribution by the county treasurer to
the affected districts of real property taxes from real property in the
redevelopment project area.
(C) In addition to obligations secured by the special tax
allocation fund, the municipality, with the concurrence of the
authority evidenced by its resolution, may pledge for a period not
greater than the term of the obligations toward payment of the
obligations any part of the revenues remaining after payment of
operation and maintenance, of all or part of any redevelopment
project.
(D) The governing body of the municipality may provide
that The the obligations may:
(1) be issued in one or more series.;
(2) may bear such a date or
dates,;
(3) may mature at such a time
or times not exceeding thirty years from their respective
dates,;
(4) may bear such a rate or
rates of interest as the governing body shall
determine,;
(5) may be in such a
denomination or denominations,;
(6) may be in such form, either coupon
or registered form.;
(7) may carry such registration and
conversion privileges,;
(8) may be executed in such
manner,;
(9) may be payable in such a
medium of payment, at such a place or
places,;
(10) may be subject to such terms of
redemption, with or without premium,;
(11) may be declared or become due before the
maturity date thereof,;
(12) may provide for the replacement of
mutilated, destroyed, stolen, or lost bonds,;
(13) may be authenticated in such
a manner and upon compliance with such
conditions, and
(14) may contain such other terms and
covenants as may be provided by the governing body of the
municipality.
(E) If the governing body determines to sell any
obligations, the obligations must be sold at public or private sale in
such a manner and upon such terms as the
governing body considers best for the interest
interests of the municipality.
(F) The obligations must be issued within fifteen years
of the creation of the tax increment finance district in accordance
with Section 31-12-200.
(G) A certified copy of the ordinance authorizing the
issuance of the obligations must be filed with the clerk of the
governing body of each county and treasurer of each county in which
any portion of the tax municipality is situated and shall
constitute constitutes the authority for the extension and
collection of the taxes to be deposited in the special tax allocation
fund.
(H) A municipality also may issue its obligations to
refund in whole or in part obligations previously issued by the
municipality under the authority of this chapter, whether at or
prior to before maturity, and all references in this
chapter to 'obligations' are considered to include these
refunding obligations.
(I) The debt incurred by a municipality pursuant to this
chapter is exclusive of any statutory limitation upon the indebtedness
a taxing district may incur. All obligations issued pursuant to this
chapter shall must contain a statement on the face of
the obligation specifying the sources from which payment is to be
made and shall must state that the full faith, credit,
and taxing powers are not pledged for the obligations.
(J) The trustee or depositary under any indenture may be
such persons or corporations as the governing body
designates, or they and may be nonresidents of South
Carolina or incorporated under the laws of the United States or the
laws of other states of the United States.
Section 31-12-250. The proceeds from obligations issued under
authority of Sections 31-12-200 through 31-12-320 of this chapter
must be applied only for the purpose for which they were issued.
Any premium and accrued interest received in any such
a sale must be applied to the payment of the principal of or
the interest on the obligations sold. Any A portion
of the proceeds not needed for redevelopment project costs must be
applied to the payment of the principal of or the interest on the
obligations.
Section 31-12-260. The obligations authorized by this chapter
and the income from the obligations and all security agreements and
indentures executed as security for the obligations made pursuant to
the provisions of this chapter and the revenue derived from the
obligations are exempt from all taxation in the State of South
Carolina except for inheritance, estate, or transfer taxes and all
security agreements and indentures made pursuant to the provisions
of this chapter are exempt from all state stamp and transfer taxes.
Section 31-12-270. (A) A municipality, after the
adoption of an ordinance pursuant to Section 31-12-280 concurring
in an authority's redevelopment plan, may issue obligations under this
chapter upon the request of the redevelopment authority to finance
the redevelopment project upon adoption of an ordinance
providing that: requiring that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable
real property in a redevelopment project area exceeds the certified
'total initial equalized assessed value' established in accordance with
Section 31-12-300(B) of all taxable real property in the project area,
the ad valorem taxes, if any, arising from the levies upon taxable real
property in the project area by taxing districts and tax rates
determined in the manner provided in Section 31-12-300(B) each
year after the obligations have been issued until obligations issued
under this chapter have been retired and redevelopment project costs
have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block,
tract, or parcel of real property which is attributable to the total initial
equalized assessed value of all taxable real property in the
redevelopment project area must be allocated to, and when
collected must be paid by the county treasurer to, the
respective affected taxing districts in the manner required by law in
the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the
increase in the current total equalized assessed valuation of all
taxable real property in the redevelopment project area over
and above the total initial equalized assessed value of taxable real
property in the redevelopment project area must be allocated
to, and when collected must be paid to, the
municipality which shall must deposit the taxes into
a special fund called the special tax allocation fund of the
municipality for the purpose of paying redevelopment project costs
and obligations incurred in the payment of the costs and obligations.
The municipality may pledge in the ordinance the funds in and to be
deposited in the special tax allocation fund for the payment of the
costs and obligations.
(B) When obligations issued under this chapter have
been retired and redevelopment project costs incurred under this
chapter have been paid or budgeted pursuant to the redevelopment
plan, as evidenced by resolution of the governing body of the
municipality, concurred in by resolution of the authority, all surplus
funds then remaining in the special tax allocation fund must
be paid by the municipal treasurer to the county treasurer.
who immediately, Immediately after receiving the
payment, the treasurer shall pay the funds to the taxing
districts in the redevelopment project area in the same manner and
proportion as the most recent distribution by the treasurer to the
affected districts of real property taxes from real property in the
redevelopment project area.
(C) Upon the payment of all redevelopment project costs,
retirement of all obligations of a municipality issued under this
chapter, and the distribution of any surplus monies pursuant to this
section, at least fifteen years having passed since the creation of the
tax increment finance district pursuant to Section 31-12-200, the
municipality shall must adopt an ordinance
dissolving the tax allocation fund for the project redevelopment area
and terminating the designation of the redevelopment project area as
a redevelopment project area for purposes of this chapter.
Thereafter After that, the rates of the taxing districts
must be extended and taxes levied, collected, and distributed in the
manner applicable in the absence of the adoption of a redevelopment
plan and the issuance of obligations under this chapter.
Section 31-12-280. (A) Prior to Before
the issuance of any obligations under this chapter, the
municipality shall must set forth by way of ordinance
the following:
(a)(1) a copy of the redevelopment plan of the
authority;
(b)(2) a statement indicating the need for and
proposed use of the proceeds of the obligations in relationship to the
redevelopment plan;
(c)(3) a list of all real property in the
redevelopment project area; and
(d)(4) a statement of the estimated impact of
the redevelopment plan upon the revenues of all taxing districts in
which a redevelopment project area is located.
(B) Before approving the issuance of any
obligations under this chapter, the governing body of the
municipality must hold a public hearing on the redevelopment plan
after published notice in a newspaper of general circulation in the
county in which the tax increment finance district is located not less
than fifteen days and not more than thirty days prior to
before the hearing. The notice shall must
include:
(1) the time and place of the public hearing;
(2) a notification that all interested persons will be given an
opportunity to be heard at the public hearing;
(3) a description of the redevelopment project area, the
redevelopment plan, and the redevelopment project; and
(4) the maximum estimated term of obligations to be issued at
that time.
(C) Not less than forty-five days prior to
before the date set for the public hearing, the municipality
shall must give the same notice to all taxing districts
of which taxable property is included in the redevelopment project
area.
(D) Adoption of an ordinance approving the issuance of
any obligations under this chapter shall does
not preclude amendments to the redevelopment plan of the authority
and any the proceeds of obligations issued
hereunder may be applied to the implementation of any
such the amended redevelopment plan.
Section 31-12-290. During the existence of the special tax
allocation fund created pursuant to this chapter, funds not otherwise
expended may be carried forward from year to year to be applied to
future years' obligations and shall not be considered are
not surplus funds subject to distribution under the provisions of
Section 31-12-270 unless determined otherwise by resolution of the
authority.
Section 31-12-300. (A) If a municipality by ordinance
authorizes by ordinance the issuance of obligations pursuant to
Section 31-12-210, the auditor of the county in which the
municipality is situated, immediately after adoption of the ordinance
pursuant to Section 31-12-210 and upon request of the
municipality, must shall determine and certify:
(1) the most recently ascertained equalized assessed value of all
taxable real property within the redevelopment project area, as of the
date of creation of the authority pursuant to Section
31-12-200, or the date the properties were scheduled for
disposal by final action of the federal government in the case of
properties added after the date of creation of the authority, which
value is the 'initial equalized assessed value' of the property; and
(2) the total equalized assessed value of all taxable real property
within the redevelopment project area and certifying the amount as
the 'total initial equalized assessed value' of the taxable real property
within the redevelopment project area.
(B) (1) After the county auditor has certified the total
initial equalized assessed value of the taxable real property in the
area, then in respect to every taxing district containing a
redevelopment project area, the county auditor or any other official
required by law to ascertain the amount of the equalized assessed
value of all taxable property within the district for the purpose of
computing the rate percent of tax to be extended upon taxable
property within such the district, shall
ascertain, in every year that obligations are outstanding for
redevelopment projects in the redevelopment area,
ascertain the amount of value of taxable property in a project
redevelopment area by including in the amount the certified total
initial equalized assessed value of all taxable real property in the area
in lieu instead of the equalized assessed value of all
taxable real property in the area.
(2) The rate percent of tax determined must be extended
to the current equalized assessed value of all property in the
redevelopment project area in the same manner as the rate percent of
tax is extended to all other taxable property in the taxing district. The
method of extending taxes established under this section terminates
when the municipality adopts an ordinance dissolving the special tax
allocation fund for the redevelopment project.
Section 31-12-310. (A) Revenues received by the
municipality or authority from any property, building, or facility
owned by the municipality or authority, or any agency or authority
established by the municipality, in the redevelopment project area
may be used to pay redevelopment project costs or reduce
outstanding obligations of the municipality incurred under this
chapter for redevelopment project costs. If the obligations are used to
finance the extension or expansion of a system as defined in Section
6-21-40 in the redevelopment project area, all or a portion of the
revenues of the system, whether or not located entirely within the
redevelopment project area, including the revenues of the
redevelopment project, may be pledged to secure the obligations
issued under this chapter. (B) The municipality is fully
empowered to use any of the powers granted by either or both of the
provisions of Chapter 17 of Title 6, (The Revenue
Bond Refinancing Act of 1937), or the provisions of
Chapter 21 of Title 6, (Revenue Bond Act for
Utilities). In exercising the powers conferred by the
provisions, the municipality may make any pledges and covenants
authorized by any the provision
provisions of those chapters. The municipality may place the
revenues in the special tax allocation fund or a separate fund which
must be held by the municipality or financial institution designated
by the municipality.
(C) Revenue received by the municipality or authority from
the sale or other disposition of real property acquired by the
municipality or authority with the proceeds of obligations issued
under the provisions of this chapter must be deposited by the
municipality or authority in the special tax allocation fund of the
municipality or a separate fund which must be held by the
municipality or authority or a financial institution designated by the
municipality or authority, with such the proceeds
to be used to discharge the obligations issued pursuant to this
chapter or otherwise to further the purposes of the redevelopment
project.
(D) Proceeds of grants may be pledged by the
municipality and deposited in the special tax allocation fund or a
separate fund.
Section 31-12-320. If the redevelopment project area is located
within more than one municipality, the municipalities may
jointly approve jointly a redevelopment plan and
authorize obligations as provided under the provisions of this
chapter."
SECTION 2. This act takes effect upon approval by the Governor.
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