Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.4242 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010605 Primary Sponsor:Townsend All Sponsors:Townsend Drafted Document Number:l:\council\bills\swb\5545djc01.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Special purpose districts, dissolution of neglected areas; Election commissioners; Political Subdivisions, Referendum History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010605 Introduced, read first time, 21 HEPW referred to Committee Versions of This Bill
TO AMEND SECTION 6-11-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH DISSOLUTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE A DEFINITION OF "NEGLECTED AREA"; TO AMEND SECTION 6-11-2020, SO AS TO PROVIDE THAT A NEGLECTED AREA WITHIN A SPECIAL PURPOSE DISTRICT OR THE DISTRICT'S SERVICE AREA MAY BE SEVERED AND REMOVED FROM THE DISTRICT AND THE DISTRICT'S SERVICE AREA UPON A MAJORITY VOTE OF THE QUALIFIED ELECTORS OF THE NEGLECTED AREA VOTING IN THE REFERENDUM; TO AMEND SECTION 6-11-2040, RELATING TO CONTENTS OF PETITIONS TO DISSOLVE SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE FOR THE CONTENTS OF PETITIONS TO SEVER A NEGLECTED AREA FROM A SPECIAL PURPOSE DISTRICT; TO AMEND SECTION 6-11-2050, RELATING TO DUTIES OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF COUNTY COMMISSIONERS OF ELECTION IN CONNECTION WITH REFERENDUMS TO SEVER NEGLECTED AREAS FROM SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 6-11-2070, RELATING TO AUTHORIZATION OF REFERENDUMS SO AS TO FURTHER PROVIDE FOR AUTHORIZATION OF REFERENDUMS IN CONNECTION WITH SEVERING NEGLECTED AREAS FROM SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 6-11-2080, RELATING TO PUBLICATION AND CONTENTS OF NOTICE OF REFERENDUMS, SO AS TO FURTHER PROVIDE FOR PUBLICATION AND CONTENTS OF NOTICE OF REFERENDUMS IN CONNECTION WITH SEVERING NEGLECTED AREAS FROM SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 6-11-2090, RELATING TO WHEN AND WHERE REFERENDUMS ARE HELD, SO AS TO PROVIDE THAT A REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT OR SEVER A NEGLECTED AREA FROM A SPECIAL PURPOSE DISTRICT MAY BE HELD ON THE DATE SET FOR A SPECIAL ELECTION OR ON THE GENERAL ELECTION DATE IN NOVEMBER OF THE NEXT EVEN-NUMBERED YEAR; TO AMEND SECTION 6-11-2100, RELATING TO CONTENTS AND FORMAT OF REFERENDUM QUESTIONS ON BALLOTS, SO AS TO PROVIDE FOR THE CONTENTS AND FORMAT OF REFERENDUM QUESTIONS ON BALLOTS TO SEVER NEGLECTED AREAS FROM SPECIAL PURPOSE DISTRICTS; AND TO AMEND SECTION 6-11-2110, RELATING TO FILING OF CERTIFICATES OF RESULTS, SO AS TO FURTHER PROVIDE FOR FILING CERTIFICATES OF RESULTS OF REFERENDUMS TO SEVER NEGLECTED AREAS FROM SPECIAL PURPOSE DISTRICTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-11-2010 of the 1976 Code, as added by Act 397 of 1998, is amended by adding:
"(3) 'Neglected area' or 'neglected areas' means any area or areas within a special purpose district or its service area that the special service district neglects or does not serve, or to which the public service district provides a negligible or inadequate service."
SECTION 2. Section 6-11-2020 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2020. Notwithstanding any other provision of law,:
(1) a special purpose district may be dissolved in accordance with this article upon a two-thirds vote of the qualified electors of the district voting in the referendum. These votes must be cast at a referendum held in accordance with this article and with the election laws of this State, mutatis mutandis.
(2) a neglected area within a special purpose district or the district's service area may be severed and removed from the district and the district's service area in accordance with this article upon a majority vote of the qualified electors of the neglected area voting in the referendum. These votes must be cast at a referendum held in accordance with this article and with the election laws of this State, mutatis mutandis."
SECTION 3. Section 6-11-2040 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2040. (A) The referendum for the dissolution of a special purpose district must be called and held in accordance with this article upon the filing with the commissioners of election for the county in which the district is located a petition conforming with the following requirements:
(1) The petition must contain the name and address of the person clearly printed and the signature of each individual executing the same; and
(2) printed at the top of each page of the petition an explanation of its purpose, which explanation shall contain, at a minimum:
(a) the name of the district proposed to be dissolved;
(b) a statement that the purpose of the petition is to authorize a referendum to be held on the question of the dissolution of the district;
(c) the following inscription: 'This petition shall not become effective unless signed by at least forty percent of the qualified electors in (name of district).';
(d) the services which the district is by law authorized to provide;
(e) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and an outstanding balance of the total of other obligations of the district; and
(f) if the services are to continue, the name of the entity or entities which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district.
(B) The referendum for severance of a neglected area from a special purpose district must be called and held in accordance with this article upon the filing with the commissioners of election for the county in which the district is located a petition conforming with the following requirements:
(1) The petition must contain the name and address of the person clearly printed and the signature of each individual executing the same; and
(2) printed at the top of each page of the petition an explanation of its purpose, which explanation shall contain, at a minimum:
(a) the name of the district and the name of the neglected area proposed to be severed from the district;
(b) a statement that the purpose of the petition is to authorize a referendum to be held on the question of the severance of the neglected area from the district;
(c) the following inscription: 'This petition shall not become effective unless signed by at least forty percent of the qualified electors in (name of the neglected area).';
(d) the services which the district is by law authorized to provide;
(e) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and an outstanding balance of the total of other obligations of the district; and
(f) if the services are to continue, the name of the entity or entities which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district."
SECTION 4. Section 6-11-2050 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2050. (A) Upon the filing of a petition, it is the duty of the commissioners of election of a county to:
(1) forward a copy of the petition to the governing body of the district;
(2) ascertain the number of qualified electors residing in the district or neglected area; and
(3) ascertain that each person named on the petition is a qualified elector shown on voter registration books maintained by the commissioners of election as residing at an address located within the district or neglected area.
(B) The commissioners of election shall within thirty days of the receipt of a petition deliver to the governing body of the district a certificate showing the number of qualified electors within the district or neglected area and the number of qualified electors residing in the district or neglected area that have signed the petition. Signatures on the petition are valid only if:
(1) dated not more than one hundred eighty days prior to the delivery of the petition to the commissioners of election, and
(2) they are of persons ascertained to be a qualified elector residing in the district or neglected area as shown on the voter registration books.
Signatures on the petition accompanied by illegible names and addresses are void and must be disregarded in determination of the number of qualified electors residing in the district or neglected area that have signed the petition."
SECTION 5. Section 6-11-2070 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2070. (A) Upon receipt of a petition for dissolution of a special purpose district pursuant to Section 6-11-2050, and provided that the governing body of the district has received all necessary resolutions or ordinances conforming with Section 6-11-2030 from each successor provider, the governing body shall within thirty days of the petition action adopt a resolution by which it authorizes a referendum to be held on the question of the dissolution of the district. The referendum must be held on the date of the general election in November of the even-numbered year if the governing body has received all required resolutions or ordinances and the petition by one hundred twenty days before that election. If all required resolutions or ordinances and the petition are not received by that deadline, the governing body must schedule the referendum for the next following general election.
(B) Upon receipt of a petition for severance of a neglected area from a special purpose district pursuant to Section 6-11-2050, and provided that the governing body of the district has received all necessary resolutions or ordinances conforming with Section 6-11-2030 from each successor provider, the governing body shall within thirty days of the petition action adopt a resolution by which it authorizes a referendum to be held on the question of severance of the neglected area from the district. The referendum on the question of severance may be held in the next general election if it falls within one hundred twenty days after the governing body has received all required resolutions or ordinances and the petition. Unless the referendum is held within one hundred twenty days in the next general election it must be held in a special election within one hundred twenty days after the governing body has received all required resolutions or ordinances and the petition."
SECTION 6. Section 6-11-2080 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2080. (A) The resolution required by Section 6-11-2070 shall also provide for the publication of notice of the referendum in one newspaper of general circulation within the district. The notice of referendum must be published no less than sixty days prior to the referendum, on that date which is two weeks following the initial publication, and once a week for each of the four weeks immediately preceding the week in which the referendum is held.
(B) The notice of referendum for dissolution of a special purpose district shall contain matters required by the general election laws of the State and shall also include the following information:
(1) the name of the district proposed to be dissolved;
(2) a statement that the purpose of the referendum is to determine whether the district should be dissolved;
(3) a general description of the boundaries of the district;
(4) the names, addresses, and telephone numbers of each current member of the governing body of the district;
(5) the services which the district is by law authorized to provide;
(6) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and the outstanding principal balance of other obligations of the district;
(7) the name of the political subdivision or subdivisions which shall assume the assets and liabilities of the district upon dissolution and, if services are to be continued, shall provide the services currently provided by the district;
(8) where applicable, a statement that a copy of the written agreement of the successor providers as to the proposed distribution of assets and liabilities is available at the office of the principal administrator of each successor entity and at the principal office of the district;
(9) where applicable, a statement that in the event the district is dissolved, the area formerly included within the district must be, without further action or approval, designated as a special tax district of the county in which the district is located for the provision of the service or services presently provided by the district for which the county is the successor provider, that the district will be subject to an annual tax for operations and maintenance of it not exceeding the amount as provided in the ordinance of the county enacted pursuant to Section 6-11-2060, and for debt service on general obligation bonds issued to finance the provision of the service or services; and
(10) the question to be voted upon in the referendum.
(C) The notice of referendum for severance of a neglected area from a special purpose district shall contain matters required by the general election laws of the State and shall also include the following information:
(1) the name of the district from which the neglected area is to be severed;
(2) a statement that the purpose of the referendum is to determine whether the neglected area should be severed from the district;
(3) a general description of the boundaries of the district and the boundaries of the neglected area sought to be severed;
(4) the names, addresses, and telephone numbers of each current member of the governing body of the district;
(5) the services which the district is by law authorized to provide;
(6) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, the outstanding principal balance of other obligations of the district, and the neglected area's proportionate share of all the district's assets and liabilities;
(7) the name of the political subdivision or subdivisions which shall assume the assets and liabilities of the neglected area upon dissolution and, if services are to be continued, shall provide the services currently provided by the district;
(8) where applicable, a statement that a copy of the written agreement of the successor providers as to the proposed distribution of assets and liabilities is available at the office of the principal administrator of each successor entity and at the principal office of the district;
(9) where applicable, a statement that in the event the neglected area is severed from the special purpose district, the area formerly included within the district must be, without further action or approval, designated as a special tax district of the county in which the district is located for the provision of the service or services presently provided by the special purpose district for which the county is the successor provider, that the special tax district will be subject to an annual tax for operations and maintenance of it not exceeding the amount as provided in the ordinance of the county enacted pursuant to Section 6-11-2060, and for debt service on general obligation bonds issued to finance the provision of the service or services; and
(10) the question to be voted upon in the referendum."
SECTION 7. Section 6-11-2090 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2090. The referendum must be conducted by the commissioners of election for the county in which the district is located and held on the date set for a special election or on the general election date in November of the next even-numbered year pursuant to Section 6-11-2070."
SECTION 8. Section 6-11-2100 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2100. (A) The question to be voted upon in the a referendum to dissolve a special purpose district must be substantially similar to one of the following:
Must (name of district) be dissolved and its assets and
liabilities distributed to (successors providers), upon the
condition that (successor provider) must upon dissolution of
the district be responsible for providing (name of service)
that (additional successor provider) must upon dissolution
of the district be responsible for providing (name of
service)?
IN FAVOR OF DISSOLVING
(name of district) ___________________________
OPPOSED TO DISSOLVING
(name of district) ___________________________
Must (name of district) be dissolved and upon the
dissolution the area formerly included within (name of
district) constitutes a special tax district of
_______________ County for the purpose of providing (name of services provided by district to be provided through tax
district) in which special tax district there must be levied
not exceeding ________ mills annually for the operation and
maintenance thereof?
IN FAVOR OF DISSOLVING
(name of district) ___________________________
OPPOSED TO DISSOLVING
(name of district) ___________________________
(B) Suitable instructions for completion of the ballot must be provided on it. The question to be voted upon in a referendum to separate a neglected area from a special purpose district must be substantially similar to one of the following:
Must (name of area) be severed from (name of district) and its assets and liabilities distributed to (successors providers), upon the condition that (successor provider) must upon severance of the area be responsible for providing (name of service) that (additional successor provider) must upon severance of the district be responsible for providing (name of
service)?
IN FAVOR OF SEVERANCE
(name of area) ___________________________
OPPOSED TO SEVERANCE
(name of area) ___________________________
Must (name of area) be separated from (name of district) and upon the separation the area formerly included within (name of district) constitutes a special tax district of County for the purpose of providing (name of services provided by district to be provided through tax district) in which special tax district there must be levied not exceeding mills annually for the operation and maintenance thereof?
IN FAVOR OF SEVERANCE
(name of area) ___________________________
OPPOSED TO SEVERANCE
(name of area) ___________________________
(C) Suitable instructions for completion of the ballot must be provided on it."
SECTION 9. Section 6-11-2110 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2110. The commissioners of election for the county in which the referendum is held shall certify the results of the election to the governing body of the district and to all successor providers. The question presented in referendum for the dissolution of a special purpose district shall be considered is approved if at least two-thirds of the qualified electors of the district voting in the referendum vote in favor of it. The question presented in referendum for the separation of a neglected area from a special purpose district is approved if at least a majority of the qualified electors of the neglected area voting in the referendum vote in favor of it. The commissioners of election shall also cause the certificate of results of the referendum to be filed with the clerk of court for the county in which the district is located within five days of the date of the certification. The results of the referendum and the validity of those actions taken precedent to it are not open to question except by action instituted within thirty days from the filing of the certificate of results."
SECTION 10. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, December 8, 2009 at 11:33 A.M.