Download This Bill in Microsoft Word format
A20, R30, S295
Sponsors: Senators Fair, Cromer, Verdin and Allen
Document Path: l:\council\bills\ggs\22501zw13.docx
Companion/Similar bill(s): 3268
Introduced in the Senate on January 24, 2013
Introduced in the House on April 9, 2013
Last Amended on March 20, 2013
Passed by the General Assembly on April 19, 2013
Governor's Action: May 3, 2013, Signed
Summary: Special purpose district
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/24/2013 Senate Introduced and read first time (Senate Journal-page 7) 1/24/2013 Senate Referred to Committee on Judiciary (Senate Journal-page 7) 2/15/2013 Senate Referred to Subcommittee: Allen (ch), Corbin, Turner 3/6/2013 Senate Committee report: Favorable with amendment Labor, Commerce and Industry (Senate Journal-page 6) 3/20/2013 Senate Committee Amendment Adopted (Senate Journal-page 19) 3/20/2013 Senate Read second time (Senate Journal-page 19) 3/20/2013 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 19) 3/21/2013 Senate Read third time and sent to House (Senate Journal-page 26) 4/9/2013 House Introduced and read first time (House Journal-page 23) 4/9/2013 House Referred to Committee on Judiciary (House Journal-page 23) 4/17/2013 House Recalled from Committee on Judiciary (House Journal-page 43) 4/18/2013 House Read second time (House Journal-page 101) 4/18/2013 House Roll call Yeas-102 Nays-4 (House Journal-page 102) 4/18/2013 House Unanimous consent for third reading on next legislative day (House Journal-page 103) 4/19/2013 House Read third time and enrolled (House Journal-page 7) 5/2/2013 Ratified R 30 5/3/2013 Signed By Governor 5/8/2013 Effective date 05/03/13 5/13/2013 Act No. 20
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A20, R30, S295)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2028 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT CREATED BY ACT OF THE GENERAL ASSEMBLY, WHICH 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 AND THE GOVERNING BODY 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 OR THAT HAS A BOARD APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE COUNTY LEGISLATIVE DELEGATION.
Be it enacted by the General Assembly of the State of South Carolina:
Transfer of assets and liabilities of special purpose district to county
SECTION 1. Article 15, Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-2028. (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 and the governing body of 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 and the governing body of 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 be imposed by the county.
(C) The provisions of this section do not apply to a special purpose district that: (1) provides both recreational and aging services; or (2) has a board appointed by the Governor upon the recommendation of the county legislative delegation.
(D) The provisions of this section expire two years from the effective date of this act."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 2nd day of May, 2013.
Approved the 3rd day of May, 2013.
This web page was last updated on Friday, August 16, 2013 at 12:14 P.M.