S*73 Session 110 (1993-1994)
S*0073(Rat #0495, Act #0425) General Bill, By M.T. Rose
A Bill to amend Title 4, Code of Laws of South Carolina, 1976, by adding
Chapter 20, the Community Recreation Special Tax District Act of 1994, so as
to allow the establishment of a Community Recreation Special Tax District in a
county by referendum, to provide the method of initiating and conducting the
referendum, and to provide the powers, duties, and government of a Commission
established pursuant to this Chapter, including provisions relating to the
abolition of the Commission or diminution of its boundaries.-amended title
01/12/93 Senate Introduced and read first time SJ-46
01/12/93 Senate Referred to Committee on Judiciary SJ-46
03/16/94 Senate Committee report: Favorable with amendment
Judiciary SJ-9
03/17/94 Senate Amended SJ-30
03/17/94 Senate Read second time SJ-33
03/17/94 Senate Ordered to third reading with notice of
amendments SJ-33
03/22/94 Senate Read third time and sent to House SJ-14
03/23/94 House Introduced and read first time HJ-13
03/23/94 House Referred to Committee on Ways and Means HJ-13
04/21/94 House Committee report: Favorable with amendment Ways
and Means HJ-11
05/10/94 House Debate adjourned until Tuesday, May 17, 1994 HJ-40
05/11/94 House Reconsider vote whereby debate adjourned until
5/17/94 HJ-83
05/16/94 House Debate adjourned until Tuesday, May 17, 1994 HJ-12
05/17/94 House Amended HJ-385
05/17/94 House Read second time HJ-392
05/18/94 House Read third time and returned to Senate with
amendments HJ-22
05/18/94 Senate Concurred in House amendment and enrolled SJ-36
05/24/94 Ratified R 495
05/27/94 Signed By Governor
05/27/94 Effective date 05/27/94
06/15/94 Copies available
(A425, R495, S73)
AN ACT TO AMEND TITLE 4, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 20, THE COMMUNITY
RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO
ALLOW THE ESTABLISHMENT OF A COMMUNITY RECREATION
SPECIAL TAX DISTRICT IN A COUNTY BY REFERENDUM, TO
PROVIDE THE METHOD OF INITIATING AND CONDUCTING THE
REFERENDUM, AND TO PROVIDE THE POWERS, DUTIES, AND
GOVERNMENT OF A COMMISSION ESTABLISHED PURSUANT TO
THIS CHAPTER, INCLUDING PROVISIONS RELATING TO THE
ABOLITION OF THE COMMISSION OR DIMINUTION OF ITS
BOUNDARIES.
Be it enacted by the General Assembly of the State of South Carolina:
Recreation districts authorized
SECTION 1. Title 4 of the 1976 Code is amended by adding:
"CHAPTER 20
Community Recreation Special Tax District
Section 4-20-10. (A) In addition to other methods provided by law for
the provision of recreation services by a county, a Community Recreation
Special Tax District may be created as authorized in this chapter for the
purpose of providing recreational services and programs. This act may be
cited as the Community Recreation Special Tax District Act of 1994.
(B) This act will apply only to a county which does not already have
existing within that county a special purpose or special tax district which
exists for the purpose of, and which provides, recreation services and
programs within that county.
Section 4-20-20. (A) When fifteen percent of the electors in a proposed
community recreation special tax district having a population of less than
fifty thousand sign and present to the county council a petition requesting
the creation of a community recreation special tax district or upon a
resolution adopted by county council calling for a referendum to be held for
the purpose of creating a community recreation special tax district, an
election must be held in which a majority of the electors in that area voting
in the election shall approve the creation of the community recreation
special tax district.
(B) When ten percent of the electors in a proposed community
recreation special tax district having a population of fifty thousand or more
sign and present to the county council a petition requesting the creation of a
community recreation special tax district or upon a resolution adopted by
county council calling for a referendum to be held for the purpose of
creating a community recreation special tax district, an election must be
held in which a majority of the electors in that area voting in the election
shall approve the creation of the community recreation special tax
district.
(C) (1) If the referendum is initiated by petition, the petition must
contain a description of the geographic boundaries of the proposed district,
the maximum level of taxes or user service charges, or both, authorized to
be levied and collected, and the elector's signature and address. The
petition must be submitted to county council not later than 12:00 noon on
July 1 or if July 1 falls on a Sunday, not later than 12:00 noon on the
following Monday. Certification of the petition must be completed within
thirty days. If the petition fails because of invalid signatures, one or more
new petitions may be submitted with any number of additional signatures.
Signatures on any combination of petitions submitted may be added to
obtain the requisite percent of electors required for a referendum. These
additional petitions must be submitted not later than 12:00 noon on August
1 or if August 1 falls on a Sunday, not later than 12:00 noon on the
following Monday.
(2) If the referendum is initiated by county council resolution, the
resolution must contain a description of the geographic boundaries of the
proposed district and the maximum level of taxes or user service charges,
or both, authorized to be levied and collected.
(D) If the county council finds that the petition has been signed by the
requisite percent or more of the electors within the area of the proposed
community recreation special tax district, it shall certify that fact to the
county election commission. Upon receipt of a written resolution certifying
that the petition meets the requirements of this section or upon receipt of a
written resolution by county council calling for a referendum upon county
council's own initiative, the county election commission shall order an
election to be held within the area of the proposed community recreation
special tax district.
(E) The election must be held on the date set for a state general election
and must be held, regulated, and conducted as prescribed by Chapters 13
and 17 of Title 7, except as otherwise provided in this act.
Section 4-20-30. (A) If a majority of the electors in the proposed
community recreation special tax district voting in the referendum shall
approve the creation of the community recreation special tax district and
the maximum level of taxes or user service charges, or both, authorized to
be levied and collected, the county council shall pass an ordinance
establishing the community recreation special tax district.
(B) No community recreation special tax district may be established
which includes within the area of the district any part or all of an
incorporated municipality unless the governing body of the affected
municipality has by formal action concurred with the inclusion of that part
of the municipality within the area of the community recreation special tax
district and provided written notice of that concurrence to county
council.
Section 4-20-40. County council shall by ordinance provide for the
operations of the community recreation special tax district which shall
include the creation of a commission consisting of three to seven members
appointed by the county council. County council shall set the term of
office for the members of the commission. All members appointed by the
county council to the commission must reside in the district, and no
member of the commission shall receive compensation for service on the
commission.
Section 4-20-50. If any part or all of an incorporated municipality is
included within the area of a community recreation special tax district, then
pursuant to Article VIII, Section 13 of the South Carolina Constitution, the
county council and the governing body of the municipality shall enter into
an intergovernmental agreement setting forth the terms and conditions
governing the transfer or use of real or personal property or other assets
owned or in the possession of the municipality which may be used by the
community recreation special tax district. The intergovernmental
agreement must be approved by the county council and the governing body
of the municipality prior to the county council's ordering the county
election commission to hold a referendum on the creation of the district.
However, this agreement may be amended after the creation of the district
by agreement of the county council and of the governing body of the
municipality.
Section 4-20-60. Before the issuance of any general obligation bonds or
any revenue bonds and the levy of a tax or service charge to retire the
bonds at rates different from those levied in the remainder of the county,
the county council shall first approve the issuance of the general obligation
bonds or the revenue bonds and the levy of the tax or service charge to
retire the bonds. The levy of a tax or service charge for general obligation
bonds or revenue bonds is subject to the limitation imposed by referendum
on the maximum level of taxes or user service charges authorized to be
levied and collected for the district.
Section 4-20-70. A community recreation special tax district may be
abolished or its boundaries decreased in the same manner as provided in
this act for its creation. County council may by ordinance increase the
boundaries of a community recreation special tax district. No such increase
or decrease of boundaries of a district which after the increase or decrease
will include any area within an incorporated municipality shall be effective
unless the municipal governing body has by formal action concurred in the
increase or decrease and provided written notice of its concurrence to the
county council. Notwithstanding any provision of law to the contrary, if
county council determines to provide for a countywide recreation program
to be financed by a countywide tax or user service charge, or both, then
county council by ordinance and with the consent of the governing body of
each municipality in the county may abolish a community recreation
special tax district."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1994. |