BIL:705
RTN:444
ACN:384
TYP:General Bill GB
INB:Senate
IND:19990408
PSP:Rankin
SPO:Rankin and Elliott
DDN:l:\s-res\lar\004muni.jh.doc
CBN:3974
DPB:20000622
LAD:20000621
GOV:S
DGA:20000716
SUB:Municipal improvement district, Political Subdivisions, Municipal Corporation; property tax assessments; Hazardous Waste
HST:
BodyDateAction DescriptionComLeg Involved
______
------20000731Act No. A384
------20000716Signed by Governor
------20000622Ratified R444
House20000622Ordered enrolled for ratification
House20000621Conference Committee Report adopted98 HCC
Senate20000621Conference Committee Report adopted88 SCC
House20000601Conference powers granted,98 HCCRobinson
appointed Reps. to Committee ofCooper
ConferenceEdge
Senate20000601Conference powers granted,88 SCCRankin
appointed Senators to CommitteeMcConnell
of ConferenceMatthews
Senate20000601Insists upon amendment
House20000601Non-concurrence in Senate amendment
Senate20000531House amendments amended,
returned to House with amendments
House20000531Returned the Bill to the Senate
Senate20000531Requested the House to return
the Bill
Senate20000531House amendments amended,
returned to House with amendments
House20000525Read third time, returned to Senate
with amendment
House20000524Request for debate by RepresentativeDavenport
House20000524Request for debate withdrawn
by RepresentativeHoward
Clyburn
Lloyd
House20000524Amended, read second time
House20000524Request for debate withdrawn
by RepresentativeHayes
Scott
House20000524Request for debate withdrawn
by RepresentativeBales
House20000524Request for debate withdrawn
by RepresentativeKirsh
House20000523Request for debate by RepresentativeKirsh
F. Smith
Bales
Howard
Scott
Lloyd
Clyburn
Hayes
House20000517Committee report: Favorable with30 HWM
amendment
House20000208Introduced, read first time,30 HWM
referred to Committee
Senate20000203Read third time, sent to House
Senate20000127Amended, read second time,
ordered to third reading
with notice of general amendments
Senate20000127Committee amendment adopted
Senate20000127Minority report removed from the bill
Senate19990512Committee report: majority11 SJ
favorable, with amendment,
minority unfavorable
Senate19990408Introduced, read first time,11 SJ
referred to Committee
Versions of This Bill
Revised on 19990512
Revised on 20000127
Revised on 20000517
Revised on 20000524
Revised on 20000531
Revised on 20000531-A
Revised on 20000621
TXT:
(A384, R444, S705)
AN ACT TO AMEND SECTION 53720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF “IMPROVEMENTS” SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE; BY ADDING SECTION 53735 SO AS TO PROVIDE THAT ASSESSMENTS, REVENUES, OR DEBT SERVICE ON BONDS WHICH MAY BE USED UNDER THE PROVISIONS OF CHAPTER 37 OF TITLE 5 TO FUND MUNICIPAL IMPROVEMENTS MAY NOT BE IMPOSED OR DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 62155 SO AS TO PROHIBIT THE DEBT SERVICE ON BONDS AUTHORIZED BY CHAPTER 21 OF TITLE 6 ISSUED BY A MUNICIPALITY TO FINANCE IMPROVEMENTS UNDER THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1999 SHALL NOT IMPOSE OR BE DERIVED FROM, IN WHOLE OR IN PART, A TAX OR ASSESSMENT ON PROPERTY NOT LOCATED IN THE IMPROVEMENT DISTRICT; BY ADDING SECTION 5736 SO AS TO PROHIBIT AN ASSESSMENT ON RESIDENTIAL PROPERTY FOR THE IMPROVEMENT DISTRICT IMPROVEMENTS FOR ADDITIONAL POLICE, FIRE, AND GARBAGE SERVICES IN IT WHICH ARE PART OF THE PLAN, AND TO PROHIBIT AN ASSESSMENT AGAINST REAL PROPERTY WHICH QUALIFIES FOR EXEMPTION FROM AD VALOREM TAXES AS A HISTORIC FORT; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG PINE RIDGE DRIVE (S103) AND ALONG FISH HATCHERY ROAD THAT INFORM MOTORISTS THAT TRUCK TRAFFIC IS PROHIBITED ALONG THIS ROADWAY; AND TO AMEND SECTION 4456170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND REPORTS, FEES, AND ADMINISTRATION OF THE FUND, SO AS TO INCLUDE WITHIN THE DEFINITION OF “INFRASTRUCTURE” THE PURCHASE OF LAND OR A BUILDING FOR ECONOMIC DEVELOPMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of “improvements”
SECTION1.Section 53720(2) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:
“(2)‘Improvements’ include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 62150, services or functions which a municipality in accordance with state law may by law provide, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 62150, and such improvements, taken in the aggregate, may be designated by the governing body as a ‘system’ of related projects within the meaning of Section 62140. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district.”
Use of assessments, etc.
SECTION2.Chapter 37 of Title 5 of the 1976 Code is amended by adding:
“Section 53735.Notwithstanding the provisions of Section 53730, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements shall not impose or be derived from, in whole or in part, a tax or assessment on property not located in the improvement district.
The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a ‘system’ under Section 62140.”
Use of debt service on bonds
SECTION3.Chapter 21 of Title 6 of the 1976 Code is amended by adding:
“Section 62155.The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.
The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a ‘system’ under Section 62140.”
Use of assessments
SECTION4.Chapter 7, Title 5 of the 1976 Code is amended by adding:
“Section 5736.No assessment for the Improvement District improvements may be made on residential property for additional police, fire, and garbage services therein which are part of the plan. Provided, further, no assessment may be assessed against real property which qualifies for exemption from ad valorem taxes as a historic fort pursuant to the statutes of South Carolina.”
Erection of signs
SECTION5.The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. However, truck traffic to or from mineral mines, mineral pits, or mineral processing facilities located within the corporate limits, or which maintain a corporate presence within the towns of Pine Ridge or South Congaree, shall not be prohibited along Pine Ridge Drive or Fish Hatchery Road.
Infrastructure, definition changed
SECTION6.Section 4456170(F) of the 1976 Code, as last amended by Section 63, Part II, Act 100 of 1999, is further amended by amending the last two sentences to read as follows:
“For the purpose of this subsection ‘infrastructure’ means the purchase of land for economic development, the purchase of a building for economic development, or improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(i)improvements to both public water and sewer systems;
(ii)improvements to public electric, natural gas, and telecommunication systems; and
(iii)fixed transportation facilities including highway, road, rail, water, and air.”
Time effective
SECTION7.This act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 16th day of July, 2000.
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