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Current Status Bill Number:View additional legislative information at the LPITS web site.4737 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020214 Primary Sponsor:Vaughn All Sponsors:Vaughn, Miller, Cotty, Clyburn, Simrill, McLeod, Allen, Allison, Bales, Bingham, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Davenport, Freeman, Haskins, Hayes, M. Hines, Hosey, Kennedy, Kirsh, Koon, Leach, Lee, Littlejohn, Lloyd, Lourie, Mack, Martin, McCraw, Moody-Lawrence, J.H. Neal, Neilson, Parks, Phillips, Rhoad, Rice, Riser, Robinson, Scott, Sinclair, F.N. Smith, J.E. Smith, Snow, Stille, Stuart, Talley, Townsend, Walker, Weeks, Wilder, Wilkins, D.C. Smith Drafted Document Number:l:\council\bills\bbm\10725htc02.doc Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Multi-county or industrial business park; park expenses, payment due school districts and special purpose districts where park located History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020403 Co-Sponsor removed (Rule 5.2) by Rep. Cobb- Hunter House 20020403 Co-Sponsor removed (Rule 5.2) by Rep. Harvin House 20020320 Co-Sponsor removed (Rule 5.2) by Rep. Jennings Battle House 20020313 Co-Sponsor removed (Rule 5.2) by Rep. J.R. Smith House 20020307 Co-Sponsor added (Rule 5.2) by Rep. D.C. Smith House 20020307 Co-Sponsor removed (Rule 5.2) by Rep. Easterday Tripp House 20020219 Co-Sponsor removed (Rule 5.2) by Rep. Lucas House 20020219 Co-Sponsor removed (Rule 5.2) by Rep. Hinson Law Gourdine House 20020214 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTION 4-1-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MULTI-COUNTY INDUSTRIAL OR BUSINESS PARKS, SO AS TO PROVIDE THAT AGREEMENTS ESTABLISHING THESE PARKS MUST PROVIDE THAT EXPENSES OF THE PARK MUST BE PAID FROM PAYMENTS DUE COUNTIES, TO PROVIDE THAT SCHOOL DISTRICTS AND SPECIAL PURPOSE DISTRICTS IN WHICH PARK PROPERTY IS SITUATED MUST RECEIVE A PAYMENT EQUIVALENT TO PROPERTY TAXES OR OTHER IN-LIEU-OF TAX PAYMENTS BASED ON ASSESSED VALUE AND MILLAGE WITHOUT REDUCTION FOR ANY REASON EXCEPT WHERE A SPECIAL PURPOSE DISTRICT AGREES TO PAY PARK EXPENSES, TO PROVIDE THAT FOR PAYMENTS PURSUANT TO AN AGREEMENT ENTERED INTO OR ORDINANCE ENACTED BEFORE JULY 1, 2002, WHICH PROVIDES A REDUCED AMOUNT TO A SCHOOL DISTRICT, THE DISTRICT MUST BE PAID BY THE COUNTY THE SUM NECESSARY TO PROVIDE AN UNREDUCED PAYMENT, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-1-170 of the 1976 Code, as last amended by Section 47, Act 89 of 2001, is further amended to read:
"Section 4-1-170. (A) By written agreement, counties may develop jointly an industrial or business park with other counties within the geographical boundaries of one or more of the member counties as provided in Section 13 of Article VIII of the Constitution of this State. The written agreement entered into by the participating counties must include provisions which:
(1) address sharing expenses of the park;
(2) specify by percentage the county revenue to be allocated to each county;
(3) specify the manner in which revenue, not including school revenue, must be distributed to each of the taxing entities within each of the participating counties.
(B) The agreement must require that the expenses of the park must be paid only from county funds or county revenues, not including any school revenues as provided in subsection (C) of this section. As provided in subsection (D) of this section, a special purpose district in which the property in the park is situated may agree with the participating counties to share expenses of the park, consistent with its special purpose.
(C)(1) The agreement must require that the owners or lessees of property in a park pay to the school district or districts in which the property in the park is situated school revenue without reduction for any reason whatsoever including, without limitation, expenses of the park, payment of special source revenue bonds, use for the purpose of special source revenue bonds without issuing the bonds, infrastructure or other credits, or county expenses of any kind, so that all school revenue is applied exclusively for school purposes by the school district or districts in which the property in the park is situated.
(2) If an agreement or ordinance entered into or enacted before July 1, 2002, does not conform with subsections (B) and (C)(1) of this section, then the county in which the property in the park is situated shall pay to the school district or districts in which the property of the park is situated the amount necessary to provide that after June 30, 2002, the school district or districts receive the school revenue specified in subsection (C)(1) of this section. This item must not be construed to impair the benefit received by any business or industry pursuant to a multi-county industrial or business park agreement entered into before July 1, 2002.
(D) The agreement must require that the owners or lessees of property in a park pay to the special purpose district or districts in which the property in the park is situated special purpose district revenue without reduction for any reason except as agreed by the special purpose district and the participating counties.
(E) For the purpose of bonded indebtedness limitation and for the purpose of computing the index of taxpaying ability pursuant to Section 59-20-20(3), allocation of the assessed value of property within the park to the participating counties and to each of the taxing entities within the participating counties must be identical to the allocation of revenue received and retained by each of the counties and by each of the taxing entities within the participating counties. Misallocations may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations. Provided, However, that the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E).
(C)(F) If the industrial or business park encompasses all or a portion of a municipality, the counties must obtain the consent of the municipality prior to the creation of the multi-county industrial park.
(G) As used in this section:
(1) 'County revenue' means the revenue resulting from the assessed values and ad valorem property tax millage rates for county purposes.
(2) 'Expenses of the park' include, but are not limited to, the costs of providing public services such as sewage, water, fire, and police protection, but do not include costs of a school district or districts.
(3) 'Revenue' means the amount equivalent to the property taxes or other in-lieu-of payments that would have been due and payable but for the exemption provided by Article VIII, Section 13(D) of the Constitution of this State.
(4) 'School revenue' means the revenue resulting from the assessed values and ad valorem property tax millage rates for school purposes.
(5) 'Special purpose district revenue' means revenue resulting from the assessed values and ad valorem property tax millage rates for the purposes of special purpose districts."
SECTION 2. This act takes effect July 1, 2002, and applies to all multi-county industrial or business parks established pursuant to Section 4-1-170 of the 1976 Code before or after that date. This act must not be construed as impairing the benefit received by any business or industry pursuant to a multi-county industrial or business park agreement entered into before the effective date of this act.
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