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A325, R424, H4754
Sponsors: Reps. G.R. Smith and Hamilton
Document Path: l:\council\bills\dka\3815dw08.doc
Companion/Similar bill(s): 977
Introduced in the House on February 26, 2008
Introduced in the Senate on March 11, 2008
Last Amended on June 4, 2008
Passed by the General Assembly on June 5, 2008
Governor's Action: June 16, 2008, Signed
Summary: Special purpose districts
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/26/2008 House Introduced and read first time HJ-13 2/26/2008 House Referred to Committee on Judiciary HJ-13 3/5/2008 House Committee report: Favorable Judiciary HJ-95 3/6/2008 House Read second time HJ-25 3/6/2008 House Unanimous consent for third reading on next legislative day HJ-26 3/6/2008 Scrivener's error corrected 3/7/2008 House Read third time and sent to Senate HJ-1 3/11/2008 Senate Introduced, read first time, placed on calendar without reference SJ-8 6/3/2008 Senate Amended SJ-34 6/3/2008 Senate Read second time SJ-34 6/4/2008 Senate Amended SJ-163 6/4/2008 Senate Read third time and returned to House with amendments SJ-163 6/5/2008 House Concurred in Senate amendment and enrolled HJ-86 6/5/2008 Scrivener's error corrected 6/10/2008 Ratified R 424 6/16/2008 Signed By Governor 6/20/2008 Copies available 6/20/2008 Effective date 06/16/08 7/11/2008 Act No. 325
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VERSIONS OF THIS BILL
(A325, R424, H4754)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2027 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, THAT PROVIDES RECREATIONAL SERVICES AND HAS AS ITS BOUNDARY THE SAME AS THE COUNTY IN WHICH IT IS LOCATED, TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY; TO REQUIRE A PUBLIC HEARING TO BE CONDUCTED BEFORE TAKING A SUPERMAJORITY VOTE OF ITS GOVERNING BODY, THE GOVERNING BODY OF THE COUNTY, AND THE LEGISLATIVE DELEGATION OF THE COUNTY; TO REQUIRE THE GOVERNING BODY OF THE COUNTY TO COMPLY WITH THE PROVISIONS OF SECTION 6-11-2140; TO PROVIDE FOR CALCULATING THE MILLAGE LIMITATION FOR A COUNTY WHEN A SPECIAL PURPOSE DISTRICT TRANSFERS ITS ASSETS AND LIABILITIES TO A COUNTY; AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A SPECIAL PURPOSE DISTRICT THAT PROVIDES BOTH RECREATIONAL AND AGING SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
Special purpose district, assets and liabilities may be transferred to a county under certain conditions
SECTION 1. Article 15, Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-2027. (A) Notwithstanding the provisions of this article, the assets and liabilities of a special purpose district that:
(1) is created by act of the General Assembly that does not require a referendum;
(2) provides only recreational services; and
(3) has as its boundary the same as the county in which it is located may be transferred to the governing body of the county in which the special purpose district is located if the governing body of the special purpose district, the governing body of the county, and the legislative delegation for the county each pass by a supermajority of two-thirds vote of members present and voting resolutions that transfer the special purpose district's assets and liabilities to the governing body of the county in which the special purpose district is located. The governing body of the special purpose district must hold a public hearing prior to the passage by a supermajority of two-thirds vote of the resolutions by the governing body of the special purpose district, the governing body of the county, and the legislative delegation for the county. The provisions of this section are applicable only if the governing body of the county also adopts a resolution agreeing to follow the provisions of Section 6-11-2140.
(B) For purposes of calculating the millage limitation imposed pursuant to Section 6-1-320 for a county, any millage for operating purposes imposed by the dissolved special purpose district is considered to have been imposed by the county.
(C) The provisions of this section do not apply to a special purpose district that provides both recreational and aging services.
(D) The provisions of this section expire on December 31, 2008."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 10th day of June, 2008.
Approved the 16th day of June, 2008.
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