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Current Status Bill Number:View additional legislative information at the LPITS web site.705 Ratification Number:444 Act Number:384 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990408 Primary Sponsor:Rankin All Sponsors:Rankin and Elliott Drafted Document Number:l:\s-res\lar\004muni.jh.doc Companion Bill Number:3974 Date Bill Passed both Bodies:20000622 Date of Last Amendment:20000621 Governor's Action:S Date of Governor's Action:20000716 Subject:Municipal improvement district, Political Subdivisions, Municipal Corporation; property tax assessments; Hazardous Waste History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000731 Act No. A384 ------ 20000716 Signed by Governor ------ 20000622 Ratified R444 House 20000622 Ordered enrolled for ratification House 20000621 Conference Committee Report adopted 98 HCC Senate 20000621 Conference Committee Report adopted 88 SCC House 20000601 Conference powers granted, 98 HCC Robinson appointed Reps. to Committee of Cooper Conference Edge Senate 20000601 Conference powers granted, 88 SCC Rankin appointed Senators to Committee McConnell of Conference Matthews Senate 20000601 Insists upon amendment House 20000601 Non-concurrence in Senate amendment Senate 20000531 House amendments amended, returned to House with amendments House 20000531 Returned the Bill to the Senate Senate 20000531 Requested the House to return the Bill Senate 20000531 House amendments amended, returned to House with amendments House 20000525 Read third time, returned to Senate with amendment House 20000524 Request for debate by Representative Davenport House 20000524 Request for debate withdrawn by Representative Howard Clyburn Lloyd House 20000524 Amended, read second time House 20000524 Request for debate withdrawn by Representative Hayes Scott House 20000524 Request for debate withdrawn by Representative Bales House 20000524 Request for debate withdrawn by Representative Kirsh House 20000523 Request for debate by Representative Kirsh F. Smith Bales Howard Scott Lloyd Clyburn Hayes House 20000517 Committee report: Favorable with 30 HWM amendment House 20000208 Introduced, read first time, 30 HWM referred to Committee Senate 20000203 Read third time, sent to House Senate 20000127 Amended, read second time, ordered to third reading with notice of general amendments Senate 20000127 Committee amendment adopted Senate 20000127 Minority report removed from the bill Senate 19990512 Committee report: majority 11 SJ favorable, with amendment, minority unfavorable Senate 19990408 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on May 12, 1999 - Word format Revised on January 27, 2000 - Word format Revised on May 17, 2000 - Word format Revised on May 24, 2000 - Word format Revised on May 31, 2000 - Word format Revised on May 31, 2000-A - Word format Revised on June 21, 2000 - Word format
(A384, R444, S705)
AN ACT TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE; BY ADDING SECTION 5-37-35 SO AS TO PROVIDE THAT ASSESSMENTS, REVENUES, OR DEBT SERVICE ON BONDS WHICH MAY BE USED UNDER THE PROVISIONS OF CHAPTER 37 OF TITLE 5 TO FUND MUNICIPAL IMPROVEMENTS MAY NOT BE IMPOSED OR DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 6-21-55 SO AS TO PROHIBIT THE DEBT SERVICE ON BONDS AUTHORIZED BY CHAPTER 21 OF TITLE 6 ISSUED BY A MUNICIPALITY TO FINANCE IMPROVEMENTS UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1999 SHALL NOT IMPOSE OR BE DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 5-7-36 SO AS TO PROHIBIT AN ASSESSMENT ON RESIDENTIAL PROPERTY FOR THE IMPROVEMENT DISTRICT IMPROVEMENTS FOR ADDITIONAL POLICE, FIRE, AND GARBAGE SERVICES IN IT WHICH ARE PART OF THE PLAN, AND TO PROHIBIT AN ASSESSMENT AGAINST REAL PROPERTY WHICH QUALIFIES FOR EXEMPTION FROM AD VALOREM TAXES AS A HISTORIC FORT; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S-103) AND ALONG FISH HATCHERY ROAD THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY; AND TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND REPORTS, FEES, AND ADMINISTRATION OF THE FUND, SO AS TO INCLUDE WITHIN THE DEFINITION OF "INFRASTRUCTURE" THE PURCHASE OF LAND OR A BUILDING FOR ECONOMIC DEVELOPMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of "improvements"
SECTION 1. Section 5-37-20(2) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:
"(2) 'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, services or functions which a municipality in accordance with state law may by law provide, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district."
Use of assessments, etc.
SECTION 2. Chapter 37 of Title 5 of the 1976 Code is amended by adding:
"Section 5-37-35. Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements shall not impose or be derived from, in whole or in part, a tax or assessment on property not located in the improvement district.
The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."
Use of debt service on bonds
SECTION 3. Chapter 21 of Title 6 of the 1976 Code is amended by adding:
"Section 6-21-55. The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.
The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."
Use of assessments
SECTION 4. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-36. No assessment for the Improvement District improvements may be made on residential property for additional police, fire, and garbage services therein which are part of the plan. Provided, further, no assessment may be assessed against real property which qualifies for exemption from ad valorem taxes as a historic fort pursuant to the statutes of South Carolina."
Erection of signs
SECTION 5. The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S-103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. However, truck traffic to or from mineral mines, mineral pits, or mineral processing facilities located within the corporate limits, or which maintain a corporate presence within the towns of Pine Ridge or South Congaree, shall not be prohibited along Pine Ridge Drive or Fish Hatchery Road.
Infrastructure, definition changed
SECTION 6. Section 44-56-170(F) of the 1976 Code, as last amended by Section 63, Part II, Act 100 of 1999, is further amended by amending the last two sentences to read as follows:
"For the purpose of this subsection 'infrastructure' means the purchase of land for economic development, the purchase of a building for economic development, or improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(i) improvements to both public water and sewer systems;
(ii) improvements to public electric, natural gas, and telecommunication systems; and
(iii) fixed transportation facilities including highway, road, rail, water, and air."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 16th day of July, 2000.
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