Current Status Bill Number:421 Ratification Number:298 Act Number:273 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950126 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:RES9589.MTR Date Bill Passed both Bodies:19960403 Date of Last Amendment:19960327 Governor's Action:S Date of Governor's Action:19960506 Subject:Community recreation special tax district
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960515 Act No. A273
------ 19960506 Signed by Governor
------ 19960430 Ratified R298
House 19960403 Concurred in Senate amendment,
enrolled for ratification
House 19960403 Reconsidered vote whereby debate
was adjourned on Senate amendments
House 19960403 Debate adjourned on Senate
amendments until Tuesday, 19960409
Senate 19960327 House amendments amended,
returned to House with amendment
House 19960321 Read third time, returned to Senate
with amendment
House 19960320 Amended, read second time
House 19960313 Committee report: Favorable with 25 HJ
amendment
House 19950531 Recommitted to Committee 25 HJ
House 19950530 Recalled from Committee 25 HJ
House 19950314 Introduced, read first time, 25 HJ
referred to Committee
Senate 19950314 Read third time, sent to House
Senate 19950309 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19950308 Committee report: Favorable with 11 SJ
amendment
Senate 19950126 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A273, R298, S421)
AN ACT TO AMEND SECTIONS 4-20-20, 4-20-40, 4-20-60, AND 4-20-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL, TO PROVIDE THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN THE COUNTY AND A MUNICIPALITY ANY PORTION OF WHICH IS LOCATED IN THE DISTRICT, TO PROVIDE FOR BORROWING BY THE DISTRICT BY MEANS OTHER THAN BONDED INDEBTEDNESS WITH THE APPROVAL OF THE GOVERNING BODY OF THE COUNTY AND PROVIDE FOR THE RESTRICTIONS ON THIS BORROWING, AND TO REVISE THE MANNER IN WHICH DISTRICT BOUNDARIES MAY BE ALTERED.
Be it enacted by the General Assembly of the State of South Carolina:
Time of election
SECTION 1. Section 4-20-20(E) of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"(E) The election may be held on the date set for a state general election or on a date set for a special election, as determined by the county council, and must be held, regulated, and conducted as prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this act."
Commissioners
SECTION 2. Section 4-20-40 of the 1976 Code, as added by Act 425 of 1994, is further amended to read:
"Section 4-20-40. County council shall by ordinance provide for the operations of the community recreation special tax district which shall include the creation of a commission consisting of three to seven members appointed by the county council. Appointments by county council to the commission shall be in accordance with any written agreement entered into between the county and any municipality having any part of its territory within the district. County council shall set the term of office for the members of the commission. All members appointed by the county council to the commission must reside in the district, and no member of the commission shall receive compensation for service on the commission."
Borrowing
SECTION 3. Section 4-20-60 of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"Section 4-20-60. Before the issuance of any general obligation bonds or any revenue bonds and the levy of a tax or service charge to retire the bonds at rates different from those levied in the remainder of the county, the county council shall first approve the issuance of the general obligation bonds or the revenue bonds and the levy of the tax or service charge to retire the bonds. The levy of a tax or service charge for general obligation bonds or revenue bonds is subject to the limitation imposed by referendum on the maximum level of taxes or user service charges authorized to be levied and collected for the district.
With the approval of the governing body of the county, the district may pledge collateral and borrow by means other than bonds for the same purposes for which bonds may be issued and subject to the same limitations on repayment of general obligation or revenue bonds."
Boundaries
SECTION 4. Section 4-20-70 of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"Section 4-20-70. (A) A community recreation special tax district may be abolished or its boundaries decreased in the same manner as provided in this chapter for its creation.
(B)(1) The boundaries of a community recreation special tax district may be increased:
(a) by ordinance of the county council upon filing with the council of a petition so requesting signed by at least fifteen percent of the qualified electors residing in the area proposed to be added to the district; or
(b) in the same manner provided in Section 4-20-20 for creation of a community recreation special tax district, except that no new petition is required to be submitted if a petition was submitted pursuant to subitem (a) of this item and that petition also complies with Section 4-20-20.
(2) An area proposed to be added to a community recreation special tax district must be contiguous to the existing boundaries of the current community recreation special tax district.
(C) No increase or decrease of boundaries of a district which after the increase or decrease will include any area within an incorporated municipality shall be effective unless the municipal governing body has by formal action concurred in the increase or decrease and provided written notice of its concurrence to the county council.
(D) Notwithstanding any provision of law to the contrary, if county council determines to provide for a countywide recreation program to be financed by a countywide tax or user service charge, or both, then county council by ordinance and with the consent of the governing body of each municipality in the county may abolish a community recreation special tax district."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 6th day of May, 1996.