2017-2018 Bill 3669: Special Purpose Districts - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 3669 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. McCoy 10 Document Path: l:\council\bills\ggs\22943zw17.docx 11 Companion/Similar bill(s): 4064 12 13 Introduced in the House on February 7, 2017 14 Currently residing in the House Committee on Judiciary 15 16 Summary: Special purpose districts 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 2/7/2017 House Introduced and read first time ( House Journalpage 9) 23 2/7/2017 House Referred to Committee on Judiciary ( House Journalpage 9) 24 25 View the latest legislative information at the website 26 27 28 VERSIONS OF THIS BILL 29 30 2/7/2017 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 53320 SO AS CLARIFY THE 13 MEANING OF THE TERM “CONTIGUOUS” WHEN A 14 MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN 15 THE BORDERS OF A SPECIAL PURPOSE DISTRICT 16 ANNEXES UNINCORPORATED PROPERTY THAT IS ALSO 17 LOCATED WITHIN THE SAME SPECIAL PURPOSE 18 DISTRICT AS THE ANNEXING MUNICIPALITY. 19 20 Whereas, the Constitution of the State of South Carolina 21 encourages and fosters home rule wherever possible, providing 22 that matters of local interest be decided by the persons most 23 impacted by the decision, and encourages communities of interest 24 to unite together where it is possible to do so; and 25 26 Whereas, past annexation practices of some municipalities have 27 created breaks in the contiguity of special purpose districts, 28 resulting in “donut holes”; and 29 30 Whereas, special purpose districts often provide local government 31 services across these breaks in contiguity; and 32 33 Whereas, when some of the voters in a special purpose district 34 have been incorporated within a municipality, and they continue to 35 vote for the governing board of a district that determines the 36 allocation and cost of local government services, the voters in the 37 unincorporated area of the district are left at a disadvantage 38 because they have no ability to influence the policies of the 39 municipality which may impact the good of the entire district; and 40 41 Whereas, allowing residents of unincorporated areas of the special 42 purpose district to annex to the municipality would allow them

[3669] 2 1 representation in the municipal government and provide for a 2 greater community of interest; and 3 4 Whereas, in Tovey v. City of Charleston, 237 S.C. 475, 484, 117 5 S.E.2d 872, 875 (1961), the South Carolina Supreme Court held 6 that there is no requirement of compactness or unity or regularity 7 of shape of the boundaries of a municipality and that these matters 8 are best left to the determination of the elected officials and voters 9 of the municipality and the territory proposed to be annexed; and 10 11 Whereas, it is a matter best left to the elected officials and voters 12 of the municipality, special purpose district, and the area to be 13 annexed whether the contemplated addition is readily accessible to 14 the municipality or whether the contemplated annexation would 15 cause difficulties in the administration of the affairs of the 16 municipality or special purpose district or result in undue hardship 17 to any citizen. Now, therefore, 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. Chapter 3, Title 5 of the 1976 Code is amended by 23 adding: 24 25 “Section 53320. (A) If a municipality is located entirely within 26 the area of a special purpose district and a property in the 27 unincorporated area of the special purpose district would be 28 adjacent with the municipality and share a continuous border but 29 for an intervening break in the contiguity of the area of the special 30 purpose district, then that property is deemed to be contiguous to 31 the municipality and may be annexed to the municipality using the 32 methods provided for in this chapter. 33 (B) For purposes of this section: 34 (1) ‘special purpose district’ means any district as defined by 35 Section 4810 that has an elected governing body; and 36 (2) the area of a special purpose district is that area where 37 residents are eligible to vote for the governing body of the special 38 purpose district.” 39 40 SECTION 2. If any section, subsection, paragraph, subparagraph, 41 sentence, clause, phrase, or word of this act is for any reason held 42 to be unconstitutional or invalid, such holding shall not affect the 43 constitutionality or validity of the remaining portions of this act,

[3669] 3 1 the General Assembly hereby declaring that it would have passed 2 this act, and each and every section, subsection, paragraph, 3 subparagraph, sentence, clause, phrase, and word thereof, 4 irrespective of the fact that any one or more other sections, 5 subsections, paragraphs, subparagraphs, sentences, clauses, 6 phrases, or words hereof may be declared to be unconstitutional, 7 invalid, or otherwise ineffective. 8 9 SECTION 3. This act takes effect upon approval by the 10 Governor. 11 XX 12

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