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Indicates Matter Stricken
Indicates New Matter
H. 5097
STATUS INFORMATION
General Bill
Sponsors: Reps. Kirby, Jordan and Lowe
Document Path: l:\council\bills\cc\16168zw22.docx
Introduced in the House on March 9, 2022
Introduced in the Senate on April 12, 2022
Currently residing in the Senate Committee on Finance
Summary: Local Government - Local Planning/Zoning
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/9/2022 House Introduced and read first time (House Journal-page 43)
3/9/2022 House Referred to Committee on Ways and Means
(House Journal-page 43)
4/6/2022 House Recalled from Committee on Ways and Means
(House Journal-page 169)
4/7/2022 House Read second time
4/7/2022 House Roll call Yeas-109 Nays-0
4/7/2022 House Unanimous consent for third reading on next legislative
day
4/8/2022 House Read third time and sent to Senate (House Journal-page 2)
4/12/2022 Senate Introduced and read first time (Senate Journal-page 8)
4/12/2022 Senate Referred to Committee on Finance (Senate Journal-page 8)
View the latest legislative information at the website
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
RECALLED
April 6, 2022
H. 5097
S. Printed 4/6/22--H.
Read the first time March 9, 2022.
TO AMEND SECTION 4-11-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISSOLUTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW A HOSPITAL DISTRICT THAT IS UNDERGOING DISSOLUTION TO TRANSFER ITS ASSETS TO AN AFFILIATED ORGANIZATION THAT IS EXEMPT FROM TAX UNDER SECTION 501(C)(3) OR (4) OF THE INTERNAL REVENUE CODE OF 1986.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-11-290(J) of the 1976 Code is amended to read:
"(J) In the event the district being dissolved has title to real or personal assets, those assets shall be disposed of as provided in this subsection.
(1) To the extent that the district is authorized by the act creating or establishing the district to provide services and one or more of those services are as of the date of dissolution provided by another political subdivision of the State of South Carolina, the Secretary of State:
(a) must convey to such political subdivision:
(i) any and all assets of the district necessary, useful, or otherwise related to the provision of the service or services by the political subdivision; and
(ii) any assets then being used by the political subdivision to provide the service or services to the political subdivision; and
(b) must execute and deliver any deeds, bills of sale, or other evidence of conveyance of the property as may be required by law to make the asset conveyance effective.
(2) In the event that a political subdivision has assumed indebtedness of the district being dissolved as provided in subsection (B)(3), all assets securing such indebtedness must be conveyed to the political subdivision in accordance with this subsection. The Secretary of State is authorized to convey by his signature title to any and all assets as provided in this subsection, and his signature on any deed, bill of sale, or other instrument of conveyance shall be effective and binding for that purpose.
(3) Notwithstanding another provision of law, in the event the district being dissolved is a hospital district that has an affiliated organization exempt from tax under Section 501(c)(3) or (4) of the Internal Revenue Code of 1986, then the district may transfer its assets to its affiliated organization.
(4) All other assets of the district shall escheat to the State and shall be disposed of in accordance with Chapter 27 of , Title 19."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on April 19, 2022 at 12:12 PM