H*3118(Rat #0010, Act #0006 of 1989)  General Bill, By Sheheen and Wilkins
 A Bill to ratify an amendment to Section 13, Article VIII of the Constitution
 of South Carolina, 1895, relating to the joint administration of functions and
 the exercise of powers by counties, municipalities, or other political
 subdivisions, so as to provide that counties, subject to the General Assembly
 first providing by law for bonded indebtedness and school fiscal ability
 considerations, may jointly develop an industrial or business park with other
 counties within the geographical boundaries of one or more of the member
 counties where the area comprising the parks and all property having a situs
 therein is exempt from all ad valorem taxation because the owners or lessees
 of any property situated in the park must pay an amount equivalent to the
 property taxes or other in-lieu-of payments that would have been due and
 payable except for the above exemption.

   01/10/89  House  Introduced, read first time, placed on calendar
                     without reference HJ-55
   01/11/89  House  Read second time HJ-10
   01/12/89  House  Read third time and sent to Senate HJ-17
   01/12/89  Senate Introduced and read first time SJ-87
   01/12/89  Senate Referred to Committee on Judiciary SJ-87
   01/18/89  Senate Committee report: Favorable Judiciary SJ-21
   01/19/89  Senate Read second time SJ-24
   01/24/89  Senate Read third time and enrolled SJ-14
   02/08/89         Ratified R 10
   02/08/89         No signature required
   02/08/89         Act No. 6
   02/27/89         Copies available

AN ACT TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OR OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES, SUBJECT TO THE GENERAL ASSEMBLY FIRST PROVIDING BY LAW FOR BONDED INDEBTEDNESS AND SCHOOL FISCAL ABILITY CONSIDERATIONS, MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.

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

Amendment authorizing joint county development ratified

SECTION 1. The amendment to Section 13, Article VIII of the Constitution of South Carolina, 1895, prepared under the terms of Joint Resolution 690 of 1988, having been submitted to the qualified electors at the general election of 1988 as prescribed in Section 1 of Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 13 of Article VIII is amended to read:

"Section 13. (A) Any county, incorporated municipality, or other political subdivision may agree with the State or with any other political subdivision for the joint administration of any function and exercise of powers and the sharing of the costs thereof.

(B) Nothing in this Constitution may be construed to prohibit the State or any of its counties, incorporated municipalities, or other political subdivisions from agreeing to share the lawful cost, responsibility, and administration of functions with any one or more governments, whether within or without this State.

(C) The prohibitions against dual office holding contained in Article VI of this Constitution do not apply to any elected or appointed official or employee who serves on a regional council of government created under the authority of this section.

(D) Counties may jointly develop an industrial or business park with other counties within the geographical boundaries of one or more of the member counties. The area comprising the parks and all property having a situs therein is exempt from all ad valorem taxation. The owners or lessees of any property situated in the park shall pay an amount equivalent to the property taxes or other in-lieu-of payments that would have been due and payable except for the exemption herein provided. The participating counties shall reduce the agreement to develop and share expenses and revenues of the park to a written instrument which is binding on all participating counties. Included within expenses are the costs to provide public services such as sewage, water, fire, and police protection. Notwithstanding the above provisions of this subsection, before a group of member counties may establish an industrial or business park as authorized herein, the General Assembly must first provide by law for the manner in which the value of the property in the park will be considered for purposes of bonded indebtedness of political subdivisions and school districts and for purposes of computing the index of taxpaying ability pursuant to any provision of law which measures the relative fiscal capacity of a school district to support its schools based on the assessed valuation of taxable property in the district as compared to the assessed valuation of the taxable property in all school districts of this State."