H*3292(Rat #0218, Act #0100 of 1997)  General Bill, By Klauber and Parks
 A BILL TO AMEND SECTION 31-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF
 UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY"; TO AMEND
 SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT
 DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR
 REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL
 TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS
 WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH
 APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO
 COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS
 INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN
 THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT
 DWELLING CONTRACTS WITH A THIRD PARTY TO THE WORK, THE WORK MUST BE BID IN
 CONFORMITY WITH APPLICABLE PROCUREMENT CODES, AND TO PROVIDE THAT A COMMERCIAL
 INDUSTRIAL SOLID WASTE LANDFILL OR EXPANSION MAY NOT BE LOCATED WITHIN ONE
 THOUSAND FEET OF A RESIDENCE, HOSPITAL, CHURCH, OR PUBLICLY-OWNED RECREATIONAL
 PARK AREA.-AMENDED TITLE

   01/23/97  House  Introduced and read first time HJ-5
   01/23/97  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-5
   04/15/97  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-5
   04/17/97  House  Requests for debate-Rep(s). Scott, Neal,
                     Davenport, McMahand, Inabinett & Hinson HJ-34
   04/24/97  House  Requests for debate removed-Rep(s). Scott,
                     McMahand & Neal HJ-29
   04/29/97  House  Amended HJ-105
   04/29/97  House  Read second time HJ-106
   04/30/97  House  Read third time and sent to Senate HJ-30
   05/01/97  Senate Introduced and read first time SJ-17
   05/01/97  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-17
   05/22/97  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-17
   05/27/97  Senate Read second time SJ-27
   05/29/97  Senate Amended SJ-59
   05/29/97  Senate Read third time and returned to House with
                     amendments SJ-59
   06/05/97  House  Concurred in Senate amendment and enrolled HJ-29
   06/09/97         Ratified R 218
   06/15/97         Became law without Governor's signature
   06/15/97         Effective date 06/10/97
   06/15/97         See act for exception to or explanation of
                     effective date
   06/24/97         Copies available
   06/24/97         Act No. 100

AN ACT TO AMEND SECTION 31-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY"; TO AMEND SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES, AND TO PROVIDE THAT A COMMERCIAL INDUSTRIAL SOLID WASTE LANDFILL OR EXPANSION MAY NOT BE LOCATED WITHIN ONE THOUSAND FEET OF A RESIDENCE, HOSPITAL, CHURCH, OR PUBLICLY-OWNED RECREATIONAL PARK AREA.

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

Definition revised

SECTION 1. Section 31-15-10(1) of the 1976 Code is amended to read:

"(1) 'Municipality' shall mean any city or town regardless of population;"

Collectibility of municipal lien

SECTION 2. Section 31-15-30(6) of the 1976 Code is amended to read:

"(6) That the amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as municipal taxes."

Bidding of work

SECTION 3. Section 31-15-30 of the 1976 Code is amended by adding a new item (7) to read:

"(7) If a municipality in demolishing unfit dwellings as permitted by this article contracts with a third party not employed by the municipality to do the work, it must bid the work in conformity with the procurement code applicable to the municipality."

Collectibility of county lien

SECTION 4. Section 31-15-330(6) of the 1976 Code is amended to read:

"(6) That the amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as county taxes."

Bidding of work

SECTION 5. Section 31-15-330 of the 1976 Code is amended by adding a new item (7) to read:

"(7) If a county in demolishing unfit dwellings as permitted by this article contracts with a third party not employed by the county to do the work, it must bid the work in conformity with the Procurement Code applicable to the county."

Location of landfill

SECTION 6. A commercial industrial solid waste landfill or an expansion permitted after the effective date of this section shall not be located within one thousand feet of a residence, hospital, church, or

publicly-owned recreational park areas. For the purpose of this section only, the term "commercial industrial solid waste landfill" means an industrial solid waste landfill which accepts industrial solid waste from more than one generator of industrial solid waste.

Time effective

SECTION 7. This act takes effect upon approval by the Governor; however, Section 6 remains in effect until the effective date of new industrial solid waste landfill regulations promulgated as required by Section 44-96-320.

Became law without the signature of the Governor -- 6/15/97.