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A244, R327, H4272
Sponsors: Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young
Document Path: l:\council\bills\dka\3511dw03.doc
Introduced in the House on May 22, 2003
Introduced in the Senate on May 28, 2003
Last Amended on May 7, 2004
Passed by the General Assembly on May 7, 2004
Governor's Action: May 24, 2004, Signed
Summary: Berkeley and Charleston Counties; county lines altered by annexing certain portion of
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/22/2003 House Introduced, read first time, placed on calendar without reference HJ-12 5/27/2003 House Read second time HJ-339 5/28/2003 House Read third time and sent to Senate HJ-20 5/28/2003 Senate Introduced and read first time SJ-13 5/28/2003 Senate Referred to Committee on Judiciary SJ-13 2/4/2004 Senate Committee report: Favorable Judiciary SJ-41 2/5/2004 Senate Read second time SJ-18 2/5/2004 Senate Ordered to third reading with notice of amendments SJ-18 2/5/2004 Scrivener's error corrected 2/12/2004 Senate Amended SJ-19 2/17/2004 Senate Read third time and returned to House with amendments SJ-11 2/25/2004 House Senate amendment amended HJ-48 2/25/2004 House Returned to Senate with amendments HJ-49 3/10/2004 Senate Non-concurrence in House amendment SJ-15 3/11/2004 House House insists upon amendment and conference committee appointed Reps. Hinson, Limehouse and Breeland HJ-2 3/24/2004 Senate Conference committee appointed Sens. Hutto, Richardson, Ritchie SJ-13 5/6/2004 House Conference report received and adopted HJ-105 5/7/2004 Senate Conference report received and adopted SJ-6 5/7/2004 Senate Ordered enrolled for ratification SJ-6 5/19/2004 Ratified R 327 5/24/2004 Signed By Governor 5/27/2004 Copies available 5/27/2004 Effective date 05/24/04 6/10/2004 Act No. 244
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VERSIONS OF THIS BILL
(A244, R327, H4272)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS; AND TO AMEND SECTION 4-10-330, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
Whereas, the governing bodies of Berkeley and Charleston Counties have no objection to a change in the county lines of both counties; and
Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and
Whereas, at this time there are no inhabitants in the territory proposed to be taken from Charleston County and given to Berkeley County; and
Whereas, the South Carolina Attorney General has issued an opinion, Op. Atty. Gen., 90-67 (November 21, 1990), which concludes that when there are no inhabitants and therefore no qualified electors in the territory being moved from one county to another no election is required to move a county line between two counties. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Charleston area transferred to Berkeley County
SECTION 1. Chapter 3, Title 4 of the 1976 Code is amended by adding:
"Section 4-3-85. (A)(1) The following described portion of Charleston County is transferred and annexed to Berkeley County:
All that area, approximately 4.04 acres, now lying in the County of Charleston and identified as a portion of TMS #487-00-00-026 located adjacent to Crowfield Plantation Development and shown on a map prepared by ADC Engineer, Inc., designated as Job #02227 and dated December 4, 2002.
(2) The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Berkeley County.
(B) Upon application, the clerk of court, register of deeds, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Berkeley County, it has the same force and effect in Berkeley County that it had in Charleston County and any record not transferred continues in force and effect, and each has the same force and effect in Berkeley County as if it had been transferred and made a record in the proper office in Berkeley County."
Sales and use tax, new purposes added for which proceeds may be used
SECTION 2. Section 4-10-330(A)(1) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:
(a) highways, roads, streets, bridges, and public parking garages and related facilities;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and stormwater management facilities;
(f) beach access and beach renourishment;
(g) jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (f) of this item;
(h) any combination of the projects described in subitems (a) through (g) of this item;"
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 19th day of May, 2004.
Approved the 24th day of May, 2004.
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