reglab/housing_qa huggingface dataset:
SC Code § 4-35-130 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 35 - County Public Works Improvement Act|Section 4-35-130. Mailing of notice of confirmation to persons who filed objections; appeal to court; hearing; effect.

 Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as provided in this chapter of the amount of the assessment finally confirmed. The property owner may appeal the assessment only if he, within twenty days after the mailing of the notice to him confirming the assessment, gives written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate, but no such appeal delays or stays the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals must be heard and determined on the record in the manner of appeals from administrative bodies in this State.  HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
SC Code § 4-35-140 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 35 - County Public Works Improvement Act|Section 4-35-140. Creation of improvement district by ordinance; filing.

 Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 4-35-60, the governing body, by ordinance, may provide for the creation of the improvement district as originally proposed or with changes and modifications the governing body may determine, and provide for the financing by assessment, bonds, or other revenues as provided in this chapter. The ordinance may incorporate by reference plats and engineering reports and other data on file in the office of the county. The place of filing and reasonable hours for inspection must be made available to all interested persons.  HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
SC Code § 4-35-150 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 35 - County Public Works Improvement Act|Section 4-35-150. Improvement ownership, removal, additions, and alterations; special assessments.

 The improvements as defined in Section 4-35-30 must be owned by the county, the State, or another public entity for the benefit of the citizens and residents of the improvement district or the entity owning the improvement, and at any time may be removed, altered, changed, or added to, as the governing body of the owner may determine except that during the continuance or maintenance of the improvements, the special assessments on property may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred.  HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993; 1999 Act No. 114, Section 6, eff 20 days after approval by Governor (approved June 30, 1999).  Effect of Amendment  The 1999 amendment rewrote the section.
SC Code § 4-35-160 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 35 - County Public Works Improvement Act|Section 4-35-160. Abolition of district; notice and hearing.

 The governing body may by ordinance abolish the improvement district if there is no outstanding public debt for which assessments have been imposed on property within the improvement district for the payment of the debt. The governing body must first conduct a public hearing. Notice of the hearing must appear in a newspaper of general circulation in the improvement district two weeks before the hearing is held.  HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
SC Code § 4-37-10 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 37 - Optional Methods For Financing Transportation Facilities|Section 4-37-10. Transportation authority; establishment; membership.

 (A) Subject to requirements of this chapter and the referendum described in Section 4-37-30, the governing body of a county may by ordinance establish a transportation authority with all of the rights and powers described in Section 4-37-20. If, pursuant to this section, a county chooses to finance all of the cost of highways, roads, streets, bridges, and other transportation-related projects and elects to create an authority for that purpose, the members of the authority board must be appointed by the county governing body in the manner it determines.  (B) If a county chooses to enter into a partnership, consortium, or other contractual arrangement with one or more other governmental entities and if the parties choose to form an authority for such purpose, those other governmental entities must have one or more designated appointees on the authority board as provided in an intergovernmental agreement to be entered into by the parties. In order for a county to enter into the formation of an authority, partnership, consortium, or other intergovernmental agreement pursuant to the provisions of this chapter with other counties, a referendum on the action must be held by each county and the referendum must be approved by each and every separate county and together.  (C) For purposes of this chapter "governmental entity" is a county in South Carolina, or the State of South Carolina and its departments and agencies.  (D) The existence of any authority created pursuant to this chapter must terminate not later than twelve months after a sales and use tax or toll authorized by this chapter terminates.  HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995).  Editor's Note  1995 Act No. 52, Section 1, provides as follows:  "SECTION 1. In furtherance of the powers granted to the counties of this State pursuant to the provisions of Section 4-9-30, and Section 6-21-10 et seq., of the 1976 Code, each of the counties of this State is authorized to establish transportation authorities and to finance, following the public hearing and referendum required in this act, the cost of acquiring, designing, constructing, equipping and operating highways, roads, streets, and bridges, and other transportation-related projects, either alone or in partnership with other governmental entities including, but not limited to, the South Carolina Department of Transportation."
SC Code § 4-37-20 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 37 - Optional Methods For Financing Transportation Facilities|Section 4-37-20. Rights and powers of transportation authority.

 The board of the authority has all the rights and powers of a public body, politic and corporate of this State, including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers including, but not limited to, the following rights and powers:  (1) to have perpetual succession;  (2) to sue and be sued;  (3) to adopt, use, and alter a seal;  (4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;  (5) to acquire by gift, deed or easement, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority;  (6) to borrow money, make and issue notes, bonds, and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or revenues;  (7) to make contracts, including service contracts with a person, corporation, or partnership including, without limitation, the South Carolina Department of Transportation, to provide the facilities and services provided herein; and  (8) execute all instruments necessary or convenient for the carrying out of business.  The board of the authority is not authorized to exercise the powers of eminent domain; however, it may recommend to the county governing body that property be acquired through eminent domain. The county governing body must determine if the property is to be acquired through eminent domain and, if so, to commence the eminent domain proceedings.  HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995); 1997 Act No. 122, Section 2, eff June 13, 1997.  Effect of Amendment  The 1997 amendment deleted former clause (8); redesignated former clause (9) as clause (8); and added the second paragraph.
SC Code § 4-37-25 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 37 - Optional Methods For Financing Transportation Facilities|Section 4-37-25. Transportation authority; procurement methods and requirements.

 An authority created pursuant to this chapter must comply with Section 11-35-5320. When procuring the construction, maintenance, and repair of bridges, highways, and roads, an authority must use the same procurement methods and apply the same procurement requirements used by and applied to the South Carolina Department of Transportation in the construction, maintenance, and repair of bridges, highways, and roads including the provisions of Section 12-27-1320 except that when applying Section 12-27-1320, the contracting entity may meet the expenditures standards of Section 12-27-1320 by either direct or indirect contracts. For purposes of this provision, "contracting entity" includes a governmental body and a private entity with which a governmental body contracts for the construction, maintenance, and repair of bridges, highways, and roads.  HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995).
SC Code § 4-37-40 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 37 - Optional Methods For Financing Transportation Facilities|Section 4-37-40. Limitation on sales tax rate.

 At no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this chapter, Article 3, Chapter 10 of this title, or pursuant to any local legislation enacted by the General Assembly.  HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995); 2000 Act No. 368, Section 2, eff June 14, 2000.  Effect of Amendment  The 2000 amendment rewrote this section.
SC Code § 4-37-50 (2021)
2021 South Carolina Code of Laws|Title 4 - Counties|Chapter 37 - Optional Methods For Financing Transportation Facilities|Section 4-37-50. Unidentified funds; transfer and supplemental distributions.

 Annually, and only in the month of June, funds collected by the department from the local option transportation facility tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections.  HISTORY: 1999 Act No. 93, Section 7, eff June 11, 1999.
SC Code § 5-1-10 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-10. Certified municipalities and established townships declared perpetual bodies politic and corporate.

 (A) A municipality having a certificate of incorporation issued by the Secretary of State and a township established by act of the General Assembly are declared to be perpetual bodies, politic and corporate, entitled to exercise all the powers and privileges provided for municipal corporations in this State, and subject to all the limitations and liabilities provided for municipal corporations in this State.  (B) The incorporation or corporate capacity of a municipality or township established by act of the General Assembly must not be attacked in any court in this State except as provided by statute.  HISTORY: 1962 Code Section 47-1; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.  Effect of Amendment  The 2005 amendment designated subsections (A) and (B); in subsection (A), added "provided for municipal corporations in this State" following "privileges"; and made nonsubstantive language changes throughout.
SC Code § 5-1-20 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-20. Definitions.

 As used in Chapters 1 through 17 of this title, unless the context clearly indicates otherwise:  (1) "Municipality" means a city or town issued a certificate of incorporation, or township created by act of the General Assembly.  (2) "Publicly-owned property" means any federally-owned, state-owned, or county-owned land or water area.  HISTORY: 1962 Code Section 47-10.1; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.  Effect of Amendment  The 2005 amendment rewrote the introductory statement, designated paragraphs (1) and (2), made nonsubstantive language changes in paragraph (1), and added paragraph (2).
SC Code § 5-1-22 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-22. Public policy for incorporation of publicly-owned property established.

 The General Assembly finds and declares the following to be the public policy of the State of South Carolina:  (1) publicly-owned property may be incorporated or annexed by a municipality as provided by the state's statutory law; however, publicly-owned property is for the benefit of all citizens of the State and is not the exclusive territory of any one municipality; and  (2) incorporation or annexation of publicly-owned property does not confer or convey to a municipality control over the publicly-owned property that in any way:  (a) interferes with the superior authority of the federal, state, or county government; or  (b) prevents an area seeking to be incorporated from using the publicly- owned property to establish contiguity as provided in Section 5-1-30(A)(4).  HISTORY: 2005 Act No. 77, Section 1, eff July 1, 2005.
SC Code § 5-1-24 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-24. Application for incorporation; contents; review.

 (A) After June 30, 2005, citizens of an area seeking municipal incorporation shall file an application for incorporation with the Secretary of State's office containing:  (1) a petition setting out the corporate limits proposed for the municipality and the number of inhabitants residing within the proposed corporate limits, and signed by fifteen percent of the qualified electors who reside within the proposed municipality; and  (2) documentation concerning the minimum service standard incorporation requirements as provided in Section 5-1-30.  (B) Upon receipt of a filing for a proposed municipal incorporation, the Secretary of State shall transfer a copy of the filing to the Joint Legislative Committee on Municipal Incorporation for review.  HISTORY: 2005 Act No. 77, Section 1, eff July 1, 2005.
SC Code § 5-1-26 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-26. Joint Legislative Committee on Municipal Incorporation created; membership; terms; chairman; committee staff.

 (A) The Joint Legislative Committee on Municipal Incorporation is created to review the petition and documentation submitted by an area seeking municipal incorporation and to make a recommendation to the Secretary of State whether the area meets the minimum service standard incorporation requirements as provided in Section 5-1-30.  (B) The committee consists of seven members:  (1) two Senators appointed by the President of the Senate;  (2) two members of the House of Representatives appointed by the Speaker of the House of Representatives;  (3) one person appointed by the Governor;  (4) one city manager or elected city official appointed by the President of the Senate from a list of three persons recommended by the Municipal Association of South Carolina; and  (5) one county council member or county manager or administrator appointed by the Speaker of the House of Representatives from a list of three persons recommended by the South Carolina Association of Counties.  (C) The members are appointed to serve terms of two years, initially beginning on July 1, 2005, and until their successors are appointed and qualify. A vacancy must be filled in the same manner as the original appointment for the unexpired term.  (D) The committee shall elect a chairman from its membership for a one-year term. The position of chairman rotates among the members.  (E) The committee meets at times and places as it may determine.  (F) Staff for the committee must be provided by the President of the Senate and Speaker of the House of Representatives.  HISTORY: 2005 Act No. 77, Section 1, eff July 1, 2005; 2019 Act No. 1 (S.2), Sections 29.A, 29.B, 30, eff January 31, 2019.  Editor's Note  2005 Act No. 77, Section 3, provides as follows:  "The provisions of this act take effect July 1, 2005; however, the appointment of the members of the Joint Legislative Committee on Municipal Incorporation may be made upon signature by the Governor."  Effect of Amendment  2019 Act No. 1, Section 29.A, in (B)(1), substituted "President of the Senate" for "President Pro Tempore of the Senate".  2019 Act No. 1, Section 29.B, in (B)(4), substituted "President of the Senate" for "President Pro Tempore of the Senate".  2019 Act No. 1, Section 30, in (F), substituted "President of the Senate" for "President Pro Tempore of the Senate".
SC Code § 5-1-40 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-40. Joint Legislative Committee on Municipal Incorporation recommendation; submission of subsequent application.

 (A) The Joint Legislative Committee on Municipal Incorporation shall return the copy of filing to the Secretary of State with a written decision of its recommendation concerning the application for municipal incorporation.  (B) The Secretary of State shall provide the applicant with a copy of the committee's written decision.  (C) A recommendation by the committee or a determination by the Secretary of State that the requirements of Section 5-1-30 have not been met does not preclude the area seeking from submitting a subsequent application.  HISTORY: 1962 Code Section 47-3; 1975 (59) 692; 2000 Act No. 250, Section 2; 2005 Act No. 77, Section 1, eff July 1, 2005.  Effect of Amendment  The 2005 amendment rewrote this section.
SC Code § 5-1-50 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-50. Issuance of commission by Secretary of State authorizing incorporation election; questions to be voted on; initial governing body.

 (A)(1) After receipt of a recommendation from the Joint Legislative Committee on Municipal Incorporation, the Secretary of State shall determine whether the requirements of Section 5-1-30 have been met. If the Secretary of State determines that the requirements of Section 5-1-30 have been met, he shall issue to three or more persons residing in the area of the proposed municipality, a commission empowering them to:  (a) hold an election not less than twenty days nor more than ninety days after the issuance of the commission; and  (b) appoint three managers of election who shall conduct the election.  (2) Notice of the election must be published in a newspaper of general circulation in the community or by posting in three public places within the area sought to be incorporated which contains detailed information concerning the election. The notice must be published or posted not less than five nor more than fifteen days before the date of the election.  (B)(1) At such election, all registered electors living in the area sought to be incorporated must be allowed to vote on the following questions:  (a) incorporation;  (b) name of the municipality;  (c) the form of government;  (d) method of election as prescribed in Section 5-15-20;  (e) whether the election is partisan or nonpartisan; and  (f) the terms of the mayor and council members.  (2) When any of the above questions proposed in an election contain more than two options, the option receiving the highest number of votes will prevail.  (3) If a community votes in favor of incorporation pursuant to this section and selects a form of government in an election, notwithstanding the results of the selections made by the voters as to questions (d), (e), and (f) in item (1) of this subsection, the initial governing body of the incorporated municipality consists of four council members and a mayor, all elected at large in a nonpartisan election for terms of two years.  (C) The managers of election shall conduct the election, unless otherwise provided for in this chapter, according to the general law governing the conduct of special elections mutatis mutandi.  HISTORY: 1962 Code Section 47-4; 1975 (59) 692; 1977 Act No. 152; 2005 Act No. 77, Section 1, eff July 1, 2005.  Editor's Note  It would appear that the word "or" should appear in the second sentence of the first paragraph of this section between the words "community by."  Effect of Amendment  The 2005 amendment designated the subsections; rewrote subsection (A)(1) to provide for the recommendation of the Joint Legislative Committee on Municipal Incorporation and determination by the Secretary of State as to whether the requirements of Section 5-1-30 have been met; and made nonsubstantive language changes throughout.
SC Code § 5-1-60 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-60. Election managers' sworn returns of election results.

 The managers of the election shall make their sworn returns of the result of the election to the commissioners. The returns must show the total number of those voting in the election, together with the number of those voting on each question proposed.  HISTORY: 1962 Code Section 47-5; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.  Effect of Amendment  The 2005 amendment made nonsubstantive changes.
SC Code § 5-1-70 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-70. Certification of results by commissioners; issuance of certificate of incorporation by Secretary of State.

 The commissioners shall certify the result of the election under oath to the Secretary of State, and if the result is in favor of incorporation, the Secretary of State shall issue a certificate of incorporation to the municipality and the municipality has all the privileges, powers, and immunities and are subject to the limitations provided by law.  HISTORY: 1962 Code Section 47-6; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.  Effect of Amendment  The 2005 amendment made nonsubstantive changes.
SC Code § 5-1-80 (2021)
2021 South Carolina Code of Laws|Title 5 - Municipal Corporations|Chapter 1 - Incorporation|Section 5-1-80. Incorporation fees.

 Before delivery of a certificate of incorporation, the Secretary of State shall require the production of a receipt from the State Treasurer for the payment of the following incorporation fees for municipalities with a population:  (1) of one thousand or less, one hundred dollars;  (2) between one thousand and five thousand, three hundred dollars;  (3) over five thousand, six hundred dollars.  HISTORY: 1962 Code Section 47-7; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.  Effect of Amendment  The 2005 amendment made nonsubstantive language and format changes.