Committee Report

March 06, 2024

H. 4563

Introduced by Reps. Bernstein, J. L. Johnson and Clyburn

S. Printed 03/06/24--H.

Read the first time January 09, 2024

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The committee on House Judiciary

To whom was referred a Bill (H. 4563) to amend the South Carolina Code of Laws by adding Section 6-11-345 so as to clarify the power of special purpose districts to own, acquire, purchase, hold, use,, etc., respectfully

Report:

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

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

Local Expenditure

This bill allows certain special purpose districts to own, acquire, sell, and otherwise interact with property for the purposes of their duties. This bill applies to special purpose districts created by or pursuant to an act of the General Assembly, or created by special legislation or referenda before March 7, 1973.

This bill may impact revenues or expenses by allowing districts to purchase or sell properties. To determine the impact, we surveyed all counties and the 181 districts registered with the Secretary of State with email contact information. Florence County has indicated that this bill does not change operations for one of the special purpose districts within county boundaries, as it was founded after the 1973 date stipulated in law. The fourteen special purpose districts that have responded to our request have broadly stated that this bill should have no fiscal impact. These no impact responses come from both special purpose districts that would be eligible under the bill's definition of special purpose district expecting no change in operations or other impact, and special purpose districts that would not fit under the bills definition as they were founded after the 1973 date or fit under other designations such as special taxing districts created by county ordinances. Based on these responses, the potential impact is undetermined as the property that may be impacted is unknown.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

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A bill

TO amend the South Carolina Code of laws by adding section 6-11-345 so as to CLARIFY THE POWER OF SPECIAL PURPOSE DISTRICTS TO OWN, ACQUIRE, PURCHASE, HOLD, USE, LEASE, CONVEY, SELL, TRANSFER, OR OTHERWISE DISPOSE OF PROPERTY IN FURTHERANCE OF CERTAIN FUNCTIONS, TO PROVIDE THESE POWERS ARE IN ADDITION TO POWERS AND AUTHORIZATIONS PREVIOUSLY VESTED IN SUCH DISTRICTS, AND DEFINE NECESSARY TERMINOLOGY.

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

SECTION 1.  Article 1, Chapter 11, Title 6 of the S.C. Code is amended by adding:

    Section 6-11-345.  A special purpose district may own, acquire, purchase, hold, use, lease, convey, sell, transfer, or otherwise dispose of property, real, personal, or mixed, or any interest therein in furtherance of all functions committed to such special purpose districts pursuant to an act of the General Assembly or general law. The powers and authorizations conferred upon special purpose districts by this section shall be in addition to all other powers and authorizations previously vested in such special purpose districts. For the purposes of this section, "special purpose district" means any district, however named, created by or pursuant to an act of the General Assembly before March 7, 1973, and to which has been committed before March 7, 1973, any governmental function, including those districts created by special legislation and those districts created by referenda held pursuant to general legislation.

SECTION 2.  This act takes effect upon approval by the Governor.

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