South Carolina General Assembly
120th Session, 2013-2014

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Bill 295

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 6, 2013

S. 295

Introduced by Senators Fair, Cromer, Verdin and Allen

S. Printed 3/6/13--S.

Read the first time January 24, 2013.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 295) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, by striking lines 23 and 24, in Section 6-11-2028(C), as contained in SECTION 1, and inserting therein the following:

/        (C)    The provisions of this section do not apply to a special purpose district that: (1) provides both recreational and aging services; or (b) has a board appointed by the Governor upon the recommendation of the county legislative delegation.    /

Renumber sections to conform.

Amend title to conform.

THOMAS D. CORBIN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

There is no fiscal impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Pursuant to Section 2-7-76, the State Budget Division surveyed county governments to access the impact of this bill. Two counties responded and indicated there would be no fiscal impact with the adoption of this bill.

Approved By:

Brenda Hart

Office of State Budget

A BILL

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.

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

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 provides both recreational and aging services.

(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.

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