S*1140(Rat #0312, Act #0313 of 1996)  General Bill, By Moore, Jackson, Lander, 
Matthews, Ryberg, Setzler and Washington

Similar(H 4608)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 6-16-105 so as to authorize a member of a joint agency to contract with the
 joint agency for collection, transfer, and/or disposal of solid waste and to
 further provide for the terms and conditions of this contract; and to amend
 Section 6-16-120, relating to governing bodies approving joint agency projects
 financed by bonds, so as to revise which governing bodies must approve the
 project.

   02/14/96  Senate Introduced and read first time SJ-11
   02/14/96  Senate Referred to Committee on Medical Affairs SJ-11
   03/14/96  Senate Committee report: Favorable Medical Affairs SJ-6
   03/19/96  Senate Read second time SJ-10
   03/19/96  Senate Ordered to third reading with notice of
                     amendments SJ-10
   03/21/96  Senate Read third time and sent to House SJ-22
   03/26/96  House  Introduced, read first time, placed on calendar
                     without reference HJ-80
   03/28/96  House  Read second time HJ-20
   03/28/96  House  Unanimous consent for third reading on next
                     legislative day HJ-21
   03/29/96  House  Read third time and enrolled HJ-5
   04/30/96         Ratified R 312
   05/06/96         Signed By Governor
   05/06/96         Effective date 05/06/96
   05/21/96         Copies available
   05/21/96         Act No. 313

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

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

Requirements for joint agency member to contract for solid waste services with joint agency

SECTION 1. The 1976 Code is amended by adding:

"Section 6-16-105. (A) A member of a joint agency may contract with the joint agency for the collection, transfer, and/or disposal of solid waste, the recovery of resources, including energy, from solid waste, the processing of solid waste or resources in order to facilitate disposal or recovery, or the sale of recovered resources. The contract may provide that the contracting member is obligated to make the payments required by the contract whether or not a project is completed, operable, or operating, and that the payments under the contract are not subject to any reduction, whether by offset or otherwise, and are not conditioned upon the performance or nonperformance of the joint agency or any other member of the joint agency under the contract or any other instrument. A contract between a joint agency and its members also may provide that if one or more of the members defaults in the payment of obligations to the joint agency, the remaining members are required to satisfy proportionately the obligations of the defaulting member and are entitled proportionately to the benefits to be provided by the joint agency to the defaulting member to the extent of the payments made.

(B) For the purposes of this chapter, a contract authorized under subsection (A) may extend for a period not exceeding fifty years from the date a project is estimated to be placed in normal continuous operation and is not affected by the governing body ceasing to be a member of the joint agency. The execution and effectiveness of the contract is not subject to authorization or approval by the State or an agency, commission, instrumentality, or political subdivision of the State. A contract to which a county is a party must be approved by ordinance requiring three readings.

(C) Payments by a member under a contract with a joint agency may be made from the revenues derived by the member from fees and charges assessed by the member for the collection, transfer, and/or disposal of solid waste and from any other lawful source, and an obligation under the contract does not constitute a legal or equitable pledge, charge, lien, or encumbrance upon property of the governing body or upon any of its income, receipts, or revenues, except the revenues, if any, derived by the member from fees and charges assessed by the member for the collection, transfer, and/or disposal of solid waste and neither the faith and credit nor the taxing power of the member may be pledged for the payment of an obligation under the contract. A member shall fix, charge, and collect fees and charges for the collection, transfer, and/or disposal of solid waste and other services furnished or supplied by the member and the joint agency which, together with monies from other lawful sources available for payment must be sufficient to provide revenues adequate to meet its obligations under the contract and to pay all other amounts payable from or constituting a charge and lien upon the revenues derived from the collection of the fees and charges, including amounts sufficient to pay the principal of and interest on any other obligations heretofore or hereafter issued by the member for purposes related to the collection, transfer, and/or disposal of solid waste.

(D) A governing body which is a member of a joint agency may furnish the joint agency with money derived from its fees and charges assessed for the collection, transfer, and/or disposal of solid waste by the governing body and from any other lawful source and provide the joint agency with personnel, equipment, and property, both real and personal. A governing body also may provide services to a joint agency.

(E) A member may contract for, advance, or contribute funds to a joint agency as may be agreed upon by the joint agency and the member, and the joint agency shall, if so agreed, repay the advances or contributions from proceeds of bonds, from operating revenues, or from other funds of the joint agency together with interest thereon as may be agreed upon by the member and joint agency.

(F) The powers granted under this section are in addition to the powers of governing bodies and joint agencies provided by law."

Contracting entity clarified

SECTION 2. Section 6-16-120 of the 1976 Code is amended to read:

"Section 6-16-120. No joint agency may undertake a project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member contracting with the joint agency for services relating to the project."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 6th day of May, 1996.