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H. 3779
STATUS INFORMATION
General Bill
Sponsors: Rep. Herbkersman
Document Path: l:\council\bills\ggs\22978htc05.doc
Introduced in the House on March 15, 2005
Currently residing in the House Committee on Ways and Means
Summary: Tax Increment Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2005 House Introduced and read first time HJ-158 3/15/2005 House Referred to Committee on Ways and Means HJ-158
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 6-33-30 AND 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES AND THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS OF "BLIGHTED AREA" AND "CONSERVATION AREA" TO INCLUDE THE PRESENCE OF OR POTENTIAL ENVIRONMENTAL HAZARD, LACK OF STORM DRAINAGE, AND INADEQUATE TRANSPORTATION INFRASTRUCTURE AND TO PROVIDE THAT A CONSERVATION AREA MAY INCLUDE VACANT LAND, AND TO REPEAL CHAPTER 7 OF TITLE 31, RELATING TO AN UNNECESSARY DUPLICATIVE ENACTMENT OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (1) and (2) of Section 6-33-30 of the 1976 Code is amended to read:
"(1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure: excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of a county that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; depreciation of physical maintenance; or lack of community planning, is detrimental to the public safety, health, morals, or welfare and may become a blighted area."
SECTION 2. Items (1) and (2) of Section 31-6-30 of the 1976 Code, are amended to read:
"(1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where,:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or,
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; depreciation of physical maintenance; or lack of community planning, is detrimental to the public safety, health, morals, or welfare and may become a blighted area."
SECTION 3. Chapter 7, Title 31 of the 1976 Code is repealed. A redevelopment project undertaken pursuant to the former provisions of Chapter 7, Title 31 of the 1976 Code is deemed to have been undertaken pursuant to Chapter 33 of Title 6 of the 1976 Code.
SECTION 4. This act takes effect upon approval by the Governor.
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