H 4506 General Bill, By Gilham and Rodgers
 A BILL TO AMEND SECTIONS 5-37-40, 5-37-50, AND 5-37-100, ALL AS AMENDED, CODE
 OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND CREATION OF
 A MUNICIPAL IMPROVEMENT DISTRICT, SO AS TO PROHIBIT THAT CERTAIN
 OWNER-OCCUPIED RESIDENTIAL PROPERTY MUST NOT BE INCLUDED WITHIN AN IMPROVEMENT
 DISTRICT ESTABLISHED BY ORDINANCE WITHOUT A PETITION OF THE MAJORITY OF OWNERS
 OF REAL PROPERTY WITHIN THE DISTRICT WHICH IS NOT EXEMPT FROM AD VALOREM
 TAXATION.

   01/27/00  House  Introduced and read first time HJ-24
   01/27/00  House  Referred to Committee on Ways and Means HJ-25

TO AMEND SECTIONS 5-37-40, 5-37-50, AND 5-37-100, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND CREATION OF A MUNICIPAL IMPROVEMENT DISTRICT, SO AS TO PROHIBIT THAT CERTAIN OWNER-OCCUPIED RESIDENTIAL PROPERTY MUST NOT BE INCLUDED WITHIN AN IMPROVEMENT DISTRICT ESTABLISHED BY ORDINANCE WITHOUT A PETITION OF THE MAJORITY OF OWNERS OF REAL PROPERTY WITHIN THE DISTRICT WHICH IS NOT EXEMPT FROM AD VALOREM TAXATION.

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

SECTION 1. Section 5-37-40(A)(5) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"(5) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter. However, owner-occupied residential property which is taxed under Section 12-43-220(c) must not be included within an improvement district established by ordinance without a petition of the majority of owners of real property within the district which is not exempt from ad valorem taxation unless the owner gives the governing body written permission to include the property within the improvement district."

SECTION 2. Section 5-37-40(B) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"(B) If an improvement district is located in a redevelopment project area created under Title 31, Chapter 6, the improvement district being created under the provisions of this chapter must be considered to satisfy items (1) through (5) of subsection (A). The ordinance creating an improvement district may be adopted by a majority of council after a public hearing at which the plan is presented, including the proposed basis and amount of assessment, or upon written petition signed by a majority in number of the owners of real property within the district which is not exempt from ad valorem taxation as provided by law. However, owner-occupied residential property which is taxed under Section 12-43-220(c) must not be included within an improvement district established by ordinance without a petition of the majority of owners of real property within the district which is not exempt from ad valorem taxation unless the owner gives the governing body written permission to include the property within the improvement district."

SECTION 3. Section 5-37-50 of the 1976 Code, as last amended by Act 118 of 1999, if further amended to read:

"Section 5-37-50. The governing body shall, by resolution duly adopted, describe the improvement district and the improvement plan to be effected therein, including any property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost thereof and the amount of such cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of any assessments to be imposed within the improvement district. However, owner-occupied residential property which is taxed under Section 12-43-220(c) must not be included within an improvement district established by ordinance without a petition of the majority of owners of real property within the district which is not exempt from ad valorem taxation unless the owner gives the governing body written permission to include the property within the improvement district. Such resolution shall also establish the time and place of a public hearing to be held within the municipality not sooner than twenty days nor more than forty days following the adoption of such resolution at which any interested person may attend and be heard either in person or by attorney on any matter in connection therewith."

SECTION 4. Section 5-37-100 of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"Section 5-37-100. Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 5-37-50, the governing body may, by ordinance, provide for the creation of the improvement district as originally proposed or with such changes and modifications therein as the governing body may determine, and provide for the financing thereof by assessment, bonds, or other revenues as herein provided. However, owner-occupied residential property which is taxed under Section 12-43-220(c) must not be included within an improvement district established by ordinance without a petition of the majority of owners of real property within the district which is not exempt from ad valorem taxation unless the owner gives the governing body written permission to include the property within the improvement district. Such ordinance shall not become effective until at least seven days after it has been published in a newspaper of general circulation in the municipality. Such ordinance may incorporate by reference plats and engineering reports and other data on file in the offices of the municipality; provided, that the place of filing and reasonable hours for inspection are made available to all interested persons."

SECTION 5. This act takes effect upon approval by the Governor.