Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
RECALLED FROM HOUSE--
HOUSE AMENDMENTS AMENDED
May 31, 2000
S. 705
S. Printed 5/31/00--S.
Read the first time April 8, 1999.
TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-37-20(2) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:
"(2) 'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, 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 or other 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), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, services or functions which a municipality in accordance with state law may by law provide, 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. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district."
SECTION 2. Chapter 37 of Title 5 of the 1976 Code is amended by adding:
"Section 5-37-35. Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.
The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."
SECTION 3. Chapter 21 of Title 6 of the 1976 Code is amended by adding:
"Section 6-21-55. The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.
The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."
SECTION 4. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-36. No assessment for the Improvement District improvements may be made on residential property for additional police, fire, and garbage services therein which are part of the plan. Provided further, no assessment may be assessed against real property which qualifies for exemption from ad valorem taxes as a historic fort pursuant to the statutes of South Carolina."
SECTION 5. The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S-103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. However, truck traffic to or from mineral mines, mineral pits, or mineral processing facilities located within the corporate limits, or which maintain a corporate presence within the towns of Pine Ridge or South Congaree, shall not be prohibited along Pine Ridge Drive or Fish Hatchery Road."
SECTION 6. Section 44-56-170(F) of the 1976 Code is amended by amending the last two sentences to read as follows:
"For the purpose of this subsection `infrastructure' means the purchase of land for economic development, the purchase of a building for economic development, or improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1 i) improvements to both public water and sewer systems;
(2 ii) improvements to public electric, natural gas, and telecommunication systems; and
(3 iii) fixed transportation facilities including highway, road, rail, water, and air."
SECTION 7. This act takes effect upon approval by the Governor.
This web page was last updated on Friday, June 26, 2009 at 3:10 P.M.