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H. 5342
STATUS INFORMATION
General Bill
Sponsors: Reps. Lucas and Funderburk
Document Path: l:\council\bills\nbd\12486sd12.docx
Introduced in the House on May 30, 2012
Currently residing in the House Committee on Ways and Means
Summary: Capital project sales tax
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/30/2012 House Introduced and read first time (House Journal-page 38)
5/30/2012 House Referred to Committee on Ways and Means
(House Journal-page 38)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 4-10-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONS CREATED IN REGARD TO THE CAPITAL PROJECT SALES TAX ACT TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA AND TO FORMULATE THE ENSUING REFERENDUM QUESTIONS TO APPEAR ON THE BALLOT, SO AS TO PROVIDE THAT MEMBERS OF THE COMMISSION APPOINTED BY THE COUNTY GOVERNING BODY MUST BE RESIDENTS OF THE UNINCORPORATED AREAS OF THE COUNTY, AND MEMBERS OF THE COMMISSION APPOINTED BY THE GOVERNING BODY OF A MUNICIPALITY MUST BE RESIDENTS OF THAT MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-10-320 of the 1976 Code, as added by Act 138 of 1997, is amended by read:
"Section 4-10-320. (A) The governing body of any county is authorized to create a commission subject to the provisions of this section. The commission consists of six members, all of whom must be residents of the county or of a municipality in the county as required by subsection (D), appointed as follows:
(1) The governing body of the county must appoint three members of the commission.
(2) The municipalities in the county must appoint three members, who must be residents of incorporated municipalities within the county, and who are selected according to the following mechanism:
(a) The total population of all incorporated municipalities within the county, as determined by the most recent United States census, must be divided by three, the result being an apportionate average.
(b) The respective population of each municipality in the county must be divided by the apportionate average to determine an appointive index.
(c) Each municipality in the county appoints a number of members to the commission equal to the whole number indicated by their appointive index. However, no single municipality may appoint more than two members to the commission; unless there is only one municipality in the county, and in such case the municipality is entitled to three appointments to the commission.
(d) When less than three members are selected to the commission in accordance with the prescribed appointive index method, the remaining member or members must be selected in a joint meeting of the commission appointees of the municipalities in the county. The member or members must be chosen from among the residents of the municipalities in the county that before this time have not provided a representative for the commission.
(e) In the event no municipality is entitled to appoint a member to the commission pursuant to the formula in subitem (c) of this subsection, the municipality with the highest appointive index must be deemed to have an appointive index of one.
(B) When the governing body of any county creates a commission, it must be created in accordance with the procedures specified in subsection (A) and only upon the request of the governing body of the county. If within the thirty-day period following the adoption of a resolution to create the commission, one or more of the municipalities fails or refuses to appoint their proportionate number of members to the commission, the county governing body must appoint an additional number of members equal to the number that any such municipality is entitled to appoint. A vacancy on the commission must be filled in the manner of the original appointment.
(C) The commission created pursuant to this section must consider proposals for funding capital projects within the county area. The commission then formulates the referendum question that is to appear on the ballot pursuant to Section 4-10-330(D).
(D) Members of the commission appointed by the county governing body must be residents of the unincorporated areas of the county, and members of the commission appointed by the governing body of a municipality must be residents of that municipality."
SECTION 2. This act takes effect upon approval by the Governor.
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