Current Status Introducing Body:Senate Bill Number:73 Ratification Number:495 Act Number:425 Primary Sponsor:Rose Type of Legislation:GB Subject:Community recreation districts Date Bill Passed both Bodies:19940518 Computer Document Number:JIC/5124HC.93 Governor's Action:S Date of Governor's Action:19940527 Introduced Date:19930112 Date of Last Amendment:19940517 Last History Body:------ Last History Date:19940527 Last History Type:Act No. 425 Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
73 ------ 19940527 Act No. 425
73 ------ 19940527 Signed by Governor
73 ------ 19940524 Ratified R 495
73 Senate 19940518 Concurred in House amendment,
enrolled for ratification
73 House 19940518 Read third time, returned to
Senate with amendment
73 House 19940517 Amended, read second time
73 House 19940516 Debate adjourned until
Tuesday, 19940517
73 House 19940511 Reconsidered vote whereby
debate was adjourned until
19940517
73 House 19940510 Debate adjourned until
Tuesday, 19940517
73 House 19940421 Committee Report: Favorable 30
with amendment
73 House 19940323 Introduced, read first time, 30
referred to Committee
73 Senate 19940322 Read third time, sent to House
73 Senate 19940317 Amended, read second time,
ordered to third reading with
notice of general amendments
73 Senate 19940316 Committee Report: Favorable 11
with amendment
73 Senate 19930112 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A425, R495, S73)
AN ACT TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20, THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO ALLOW THE ESTABLISHMENT OF A COMMUNITY RECREATION SPECIAL TAX DISTRICT IN A COUNTY BY REFERENDUM, TO PROVIDE THE METHOD OF INITIATING AND CONDUCTING THE REFERENDUM, AND TO PROVIDE THE POWERS, DUTIES, AND GOVERNMENT OF A COMMISSION ESTABLISHED PURSUANT TO THIS CHAPTER, INCLUDING PROVISIONS RELATING TO THE ABOLITION OF THE COMMISSION OR DIMINUTION OF ITS BOUNDARIES.
Be it enacted by the General Assembly of the State of South Carolina:
Recreation districts authorized
SECTION 1. Title 4 of the 1976 Code is amended by adding:
Section 4-20-10. (A) In addition to other methods provided by law for the provision of recreation services by a county, a Community Recreation Special Tax District may be created as authorized in this chapter for the purpose of providing recreational services and programs. This act may be cited as the Community Recreation Special Tax District Act of 1994.
(B) This act will apply only to a county which does not already have existing within that county a special purpose or special tax district which exists for the purpose of, and which provides, recreation services and programs within that county.
Section 4-20-20. (A) When fifteen percent of the electors in a proposed community recreation special tax district having a population of less than fifty thousand sign and present to the county council a petition requesting the creation of a community recreation special tax district or upon a resolution adopted by county council calling for a referendum to be held for the purpose of creating a community recreation special tax district, an election must be held in which a majority of the electors in that area voting in the election shall approve the creation of the community recreation special tax district.
(B) When ten percent of the electors in a proposed community recreation special tax district having a population of fifty thousand or more sign and present to the county council a petition requesting the creation of a community recreation special tax district or upon a resolution adopted by county council calling for a referendum to be held for the purpose of creating a community recreation special tax district, an election must be held in which a majority of the electors in that area voting in the election shall approve the creation of the community recreation special tax district.
(C) (1) If the referendum is initiated by petition, the petition must contain a description of the geographic boundaries of the proposed district, the maximum level of taxes or user service charges, or both, authorized to be levied and collected, and the elector's signature and address. The petition must be submitted to county council not later than 12:00 noon on July 1 or if July 1 falls on a Sunday, not later than 12:00 noon on the following Monday. Certification of the petition must be completed within thirty days. If the petition fails because of invalid signatures, one or more new petitions may be submitted with any number of additional signatures. Signatures on any combination of petitions submitted may be added to obtain the requisite percent of electors required for a referendum. These additional petitions must be submitted not later than 12:00 noon on August 1 or if August 1 falls on a Sunday, not later than 12:00 noon on the following Monday.
(2) If the referendum is initiated by county council resolution, the resolution must contain a description of the geographic boundaries of the proposed district and the maximum level of taxes or user service charges, or both, authorized to be levied and collected.
(D) If the county council finds that the petition has been signed by the requisite percent or more of the electors within the area of the proposed community recreation special tax district, it shall certify that fact to the county election commission. Upon receipt of a written resolution certifying that the petition meets the requirements of this section or upon receipt of a written resolution by county council calling for a referendum upon county council's own initiative, the county election commission shall order an election to be held within the area of the proposed community recreation special tax district.
(E) The election must be held on the date set for a state general election and must be held, regulated, and conducted as prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this act.
Section 4-20-30. (A) If a majority of the electors in the proposed community recreation special tax district voting in the referendum shall approve the creation of the community recreation special tax district and the maximum level of taxes or user service charges, or both, authorized to be levied and collected, the county council shall pass an ordinance establishing the community recreation special tax district.
(B) No community recreation special tax district may be established which includes within the area of the district any part or all of an incorporated municipality unless the governing body of the affected municipality has by formal action concurred with the inclusion of that part of the municipality within the area of the community recreation special tax district and provided written notice of that concurrence to county council.
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. 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.
Section 4-20-50. If any part or all of an incorporated municipality is included within the area of a community recreation special tax district, then pursuant to Article VIII, Section 13 of the South Carolina Constitution, the county council and the governing body of the municipality shall enter into an intergovernmental agreement setting forth the terms and conditions governing the transfer or use of real or personal property or other assets owned or in the possession of the municipality which may be used by the community recreation special tax district. The intergovernmental agreement must be approved by the county council and the governing body of the municipality prior to the county council's ordering the county election commission to hold a referendum on the creation of the district. However, this agreement may be amended after the creation of the district by agreement of the county council and of the governing body of the municipality.
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.
Section 4-20-70. A community recreation special tax district may be abolished or its boundaries decreased in the same manner as provided in this act for its creation. County council may by ordinance increase the boundaries of a community recreation special tax district. No such 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. 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 2. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1994.