Current Status Bill Number:159 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Wilson All Sponsors:Wilson, Rose Drafted Document Number:JIC\5054HTC.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:County councils, uniform service charges
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY COUNCILS, SO AS TO PROVIDE THAT UNIFORM SERVICE CHARGES MAY ONLY BE IMPOSED BY COUNTIES IF EXPRESSLY AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THAT UNIFORM SERVICE CHARGES MAY ONLY BE IMPOSED BY MUNICIPALITIES IF EXPRESSLY AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO PROVIDE THAT UNIFORM SERVICE CHARGES IMPOSED WITHOUT EXPRESS AUTHORIZATION OF GENERAL LAW ARE VOID REGARDLESS OF THE DATE OF IMPOSITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. That portion of Section 4-9-30(5)(a) of the 1976 Code preceding item (i), as last amended by Act 114 of 1991, is further amended to read:
"to assess property and levy ad valorem property taxes and to impose uniform service charges which are expressly authorized by the General Assembly by general law, including the power to tax different areas at different rates related to the nature and level of governmental services provided and make appropriations for functions and operations of the county, including, but not limited to, appropriations for general public works, including roads, drainage, street lighting, and other public works; water treatment and distribution; sewage collection and treatment; courts and criminal justice administration; correctional institutions; public health; social services; transportation; planning; economic development; recreation; public safety, including police and fire protection, disaster preparedness, regulatory code enforcement; hospital and medical care; sanitation, including solid waste collection and disposal; elections; libraries; and to provide for the regulation and enforcement of the above. However, prior to the creation of a special tax district for the purposes enumerated in this item, one of the following procedures is required:"
SECTION 2. The first paragraph of Section 5-7-30 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:
"Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them as expressly authorized by the General Assembly by general law; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both."
SECTION 3. Uniform service fees imposed pursuant to Sections 4-9-30 and 5-7-30 which are not expressly authorized by general law are void, regardless of the date of imposition.