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Current Status Bill Number:View additional legislative information at the LPITS web site.4243 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010605 Primary Sponsor:Townsend All Sponsors:Townsend Drafted Document Number:l:\council\bills\swb\5544djc01.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Special purpose districts, abolishment of neglected areas; Election commissioners, Political Subdivisions, Referendum History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010605 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO AMEND SECTION 6-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ALTERATION OF BOUNDARIES OF SPECIAL PURPOSE DISTRICTS, BY ADDING DEFINITIONS OF "NEGLECTED AREA" AND "NEGLECTED SUBSCRIBER"; TO AMEND SECTION 6-11-420, RELATING TO ENLARGEMENT, DIMINISHMENT, OR CONSOLIDATION OF SPECIAL PURPOSE DISTRICTS BY COUNTIES, SO AS TO PROVIDE FOR ABOLISHMENT OF SPECIAL PURPOSE DISTRICTS BY COUNTIES; TO AMEND SECTION 6-11-430, RELATING TO PUBLIC HEARINGS AND THE EXERCISE OF CERTAIN POWERS BY COUNTY BOARDS, SO AS TO PROVIDE THAT, UPON PETITION OF ONE NEGLECTED SUBSCRIBER OR TEN RESIDENTS OR PROPERTY OWNERS OF A NEGLECTED AREA, A COUNTY BOARD MUST HOLD A HEARING TO CONSIDER ENLARGING, DIMINISHING, CONSOLIDATING, OR ABOLISHING SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 6-11-435, RELATING TO CONSOLIDATED OR ENLARGED SPECIAL PURPOSE DISTRICTS NOT PROVIDING SERVICE WHICH ANOTHER POLITICAL SUBDIVISION IS AUTHORIZED TO PROVIDE WITHIN OVERLAPPING BOUNDARIES, SO AS PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NEGLECTED AREAS WITHIN A SPECIAL PURPOSE DISTRICT; TO AMEND SECTION 6-11-440, RELATING TO NOTICE OF HEARINGS, SO AS PROVIDE FOR DESCRIPTIONS OF OVERLAPPING BOUNDARIES AND WHICH PUBLIC SERVICE DISTRICTS WILL OR WILL NOT PROVIDE SERVICES IN THE EVENT OF OVERLAPPING BOUNDARIES; TO AMEND SECTION 6-11-450, RELATING TO HEARINGS, SO AS TO FURTHER PROVIDE FOR DUE NOTICE AND THE OPPORTUNITY FOR A FULL AND FAIR PUBLIC HEARING; TO AMEND SECTION 6-11-455, RELATING TO LEVYING OF AD VALOREM TAXES IN OVERLAP AREAS, SO AS TO PROVIDE THAT NO AD VALOREM TAX, ASSESSMENT, FEE OR OTHER CHARGE MAY BE MADE OR COLLECTED FROM A RESIDENT OR PROPERTY OWNER OF A NEGLECTED AREA FOR THE PURPOSE OF PROVIDING THE SERVICE TO THE REMAINING PORTIONS OF THE SPECIAL PURPOSE DISTRICT; TO AMEND SECTION 6-11-460, RELATING TO COUNTY BOARD RESOLUTIONS ON ALTERING SPECIAL PURPOSE DISTRICTS, SO AS TO INCLUDE PROVISIONS FOR RESOLUTIONS ABOLISHING SPECIAL PURPOSE DISTRICTS; AND TO AMEND SECTION 6-11-470, RELATING TO PUBLICATION OF ACTIONS OF COUNTY BOARDS, SO AS TO INCLUDE ACTIONS TO ABOLISH SPECIAL PURPOSE DISTRICTS WITHIN THE PROVISIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-11-410 of the 1976 Code is amended by adding:
"(d) 'Neglected area' or 'neglected areas' means any area or areas within the service area of a special purpose district that the commission or special purpose district neglects or does not serve, or to which the commission or special purpose district provides a negligible or inadequate service.
(e) 'Neglected subscriber' means any resident or property owner within a neglected area who is subsidizing or who has subsidized any function, system, or service of a special purpose district without the use or benefit of the function, system, or service provided by the special purpose district to others within or without the district or its service area."
SECTION 2. Section 6-11-420 of the 1976 Code is amended to read:
"Section 6-11-420. The county boards of the several counties of the State are authorized to enlarge, diminish, or consolidate, or abolish any existing special purpose districts located within such county and authorize the issuance of general obligation bonds by such special purpose district by the procedure prescribed by this article."
SECTION 3. Section 6-11-430 of the 1976 Code is amended to read:
"Section 6-11-430. Each county board may, on its own motion, and shall must, upon the petition of one neglected subscriber, or of ten residents or property owners of a neglected area, or of the commissions of the special purpose districts to be affected, take the action authorized by this article to enlarge, diminish, or consolidate, or abolish any special purpose districts lying within such county. In each such instance, by resolution duly adopted, the county board shall order a public hearing to be held for the purpose of making a determination as to whether and to what extent a special purpose district shall be enlarged, diminished, or consolidated, or abolished."
SECTION 4. Section 6-11-435 of the 1976 Code, as added by Act 516 of 1992, is amended by adding:
"(C) The provisions of subsection (B) do not apply to neglected areas within any special purpose district. When consolidating or enlarging special purpose districts pursuant to this chapter the governing body of the county must expressly provide by ordinance that the consolidated or enlarged special purpose district must provide its governmental function and service to all neglected areas within its boundaries regardless of whether an overlapping political subdivision is authorized to provide that same service."
SECTION 5. Section 6-11-440 of the 1976 Code is amended to read:
"Section 6-11-440. (A) The notice required by Section 6-11-430 must be published once a week for three successive weeks in a newspaper of general circulation in the county. Such notice must state:
(1) the time of the public hearing which may be not less than sixteen days following the first publication of the notice;
(2) the place of the hearing;
(3) the nature of the change to be made in the special purpose district;
(4) a brief description of the new or overlapping boundary lines to result if the proposed change is made;
(5) the functions to be performed by the special purpose district;
(6) a summary of the reasons for the proposed change;
(7) the cost of proposed improvements, if any, and a statement as to the method to be employed to raise the funds necessary for it; and
(8) a statement of the amount and type of bonds, if any, then proposed to be issued immediately following the change of boundaries of the special purpose district.
(B) If a consolidated or enlarged special purpose district is, pursuant to this chapter, either required to provide or precluded from providing a governmental service to an area within its boundaries, the notice prescribed by subsection (A) also must include a description of the area in which the governmental service will or will not be provided by the special purpose district and shall identify the political subdivision which is authorized to provide the service."
SECTION 6. Section 6-11-450 of the 1976 Code is amended to read:
"Section 6-11-450. Such hearing All hearings required by this chapter shall must be conducted publicly and both proponents and opponents of the proposed action shall must be given due notice and a full and fair opportunity to be heard."
SECTION 7. Section 6-11-455 of the 1976 Code, as added by Act 516 of 1992, is amended to read:
"Section 6-11-455. (A) If a consolidated or enlarged special purpose district is, pursuant to this chapter, precluded from providing a governmental service to an area within its boundaries, there must not be levied within the area ad valorem taxes for the purpose of providing the service to the remaining portions of the special purpose district.
(B) If any area within a special purpose district is a neglected area, there must not be levied within the neglected area ad valorem taxes for the purpose of providing the service to the remaining portions of the special purpose district. No assessment, fee, or other charge may be made or collected from a resident or property owner of a neglected area for the purpose of providing the service to the remaining portions of the special purpose district."
SECTION 8. Section 6-11-460 of the 1976 Code is amended to read:
"Section 6-11-460. Following the hearing the county board shall, by resolution, make a finding as to whether and to what extent the boundaries of the special purpose district shall be changed or whether the special purpose districts shall be consolidated or abolished. If such finding be affirmative, such resolution shall redefine the boundaries of the special purpose district in such fashion as to make possible appropriate entries in the records of the county auditor and the county treasurer establishing the boundaries of the special purpose district as reconstituted or abolished."
SECTION 9. Section 6-11-470 of the 1976 Code is amended to read:
"Section 6-11-470. (A) The county board shall give notice of its action to be published once a week for two successive weeks in a newspaper of general circulation within the county which shall state:
(1) the results of its action;
(2) whether, pursuant to the remaining provisions of this article, bonds of the special purpose district are then to be immediately issued, and, if so, the amount of bonds and the method provided for their payment; and
(3) whether, pursuant to the provisions of Section 6-11-10, there will be a new commission or changes made in the personnel of the old commission for the special purpose district as enlarged, diminished, or consolidated, or abolished.
(B) If a consolidated or enlarged special purpose district is, pursuant to this chapter, either required to provide or precluded from providing a governmental service to an area within its boundaries, the notice prescribed by subsection (A) also shall include a description of the area in which the governmental service will or will not be provided by the special purpose district and shall identify the political subdivision which is authorized to provide the service."
SECTION 10. This act takes effect upon approval by the Governor.
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