Bill 3051

                    Current Status

Introducing Body:               House
Bill Number:                    3051
Ratification Number:            182
Act Number:                     116
Primary Sponsor:                D. Elliott
Type of Legislation:            GB
Subject:                        Municipal improvements
Date Bill Passed both Bodies:   May 28, 1991
Computer Document Number:       3051
Governor's Action:              S
Date of Governor's Action:      Jun 05, 1991
Introduced Date:                Jan 08, 1991
Date of Last Amendment:         May 15, 1991
Last History Body:              ------
Last History Date:              Jun 05, 1991
Last History Type:              Act No. 116
Scope of Legislation:           Statewide
All Sponsors:                   D. Elliott
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3051  ------  Jun 05, 1991  Act No. 116
 3051  ------  Jun 05, 1991  Signed by Governor
 3051  ------  May 30, 1991  Ratified R 182
 3051  House   May 28, 1991  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3051  Senate  May 15, 1991  Amended, read third time,
                             returned with amendment
 3051  Senate  May 14, 1991  Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
 3051  Senate  Apr 17, 1991  Committee Report: Favorable     11
 3051  Senate  Feb 13, 1991  Introduced, read first time,    11
                             referred to Committee
 3051  House   Feb 12, 1991  Read third time, sent to
                             Senate
 3051  House   Feb 07, 1991  Amended, read second time
 3051  House   Feb 06, 1991  Committee Report: Favorable     27
                             with amendment
 3051  House   Jan 08, 1991  Introduced and read first       27
                             time, referred to Committee
 3051  House   Dec 12, 1990  Prefiled, referred to           27
                             Committee

(A116, R182, H3051)

AN ACT TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES; AND TO AMEND SECTION 5-37-90, RELATING TO THE REMOVAL, ALTERATION, OR CHANGE OF AN IMPROVEMENT AS DEFINED IN SECTION 5-37-20, SO AS TO PROVIDE THAT THE IMPROVEMENT IS NOT REQUIRED TO BE THE SOLE AND UNRESTRICTED PROPERTY OF THE MUNICIPALITY, STATE, OR OTHER PUBLIC ENTITY.

Be it enacted by the General Assembly of the State of South Carolina:

Definition of "improvements"

SECTION 1. Section 5-37-20(2) of the 1976 Code, as last amended by Act 505 of 1988, is further amended to read:

"(2) `Improvements' include open or covered malls, parkways, parks and playgrounds, 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 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), 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."

Use of improvements

SECTION 2. Section 5-37-90 of the 1976 Code is amended to read:

"Section 5-37-90. The improvements as defined in Section 5-37-20 are the property of the municipality, State, or other public entity and may at any time be removed, altered, changed, or added to, as the governing body may in its discretion determine; provided, that during the continuance or maintenance of the improvements, the special assessments on property therein may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, and for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred therefor."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 5th day of June, 1991.