S 0725 General Bill, By H.S. Stilwell
 A Bill to amend Sections 6-11-420, 6-11-430, and 6-11-460 through 6-11-490,
 Code of Laws of South Carolina, 1976, relating to the alteration of boundaries
 of special purpose districts, so as to provide that when a district
 encompasses more than one county, the counties affected can act on matters
 affecting the size and jurisdiction of the district.

   02/28/91  Senate Introduced and read first time SJ-7
   02/28/91  Senate Referred to Committee on Judiciary SJ-7

A BILL

TO AMEND SECTIONS 6-11-420, 6-11-430, AND 6-11-460 THROUGH 6-11-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF BOUNDARIES OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE THAT WHEN A DISTRICT ENCOMPASSES MORE THAN ONE COUNTY, THE COUNTIES AFFECTED CAN ACT ON MATTERS AFFECTING THE SIZE AND JURISDICTION OF THE DISTRICT.

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

SECTION 1. Section 6-11-420 of the 1976 Code is amended to read:

"Section 6-11-420. The county boards of the several counties of the State are authorized to enlarge, diminish, or consolidate any existing special purpose districts located within such the county and authorize the issuance of general obligation bonds by such that special purpose district by the procedure prescribed by this article. However, if a special purpose district encompasses more than one county, the affected county boards of the several counties are authorized to jointly enlarge, diminish, or consolidate the district."

SECTION 2. Section 6-11-430 of the 1976 Code is amended to read:

"Section 6-11-430. Each county board or boards may, on its own motion, and shall, upon the petition of the commissions of the special purpose districts to be affected, take the action authorized by this article to enlarge, diminish, or consolidate any special purpose districts lying within such the county or counties. In each such instance, by resolution duly adopted, the county board or boards shall order a public hearing to be held for the purpose of making a determination as to whether and to what extent a special purpose district shall may be enlarged, diminished, or consolidated."

SECTION 3. Sections 6-11-460 through 6-11-490 of the 1976 Code are amended to read:

"Section 6-11-460. Following the hearing, the county board or boards shall, by resolution, make a finding as to whether and to what extent the boundaries of the special purpose district shall must be changed or whether the special purpose districts shall must be consolidated. If such this finding be is affirmative, such the resolution shall redefine the boundaries of the special purpose district in such fashion as to make possible appropriate entries in the records of the county auditor and the county treasurer establishing the boundaries of the special purpose district as reconstituted.

Section 6-11-470. The county board or boards shall thereupon cause give notice of its action to be published once a week for two successive weeks in a newspaper of general circulation within the affected county which shall state:

(a)(1) the results of its action,;

(b)(2) whether, pursuant to the remaining provisions of this article, bonds of the special purpose district are then to be immediately issued, and, if so, the amount of bonds and the method provided for their payment,; and

(c)(3) whether, pursuant to the provisions of Section 6-11-10 there will be a new commission or changes made in the personnel of the old commission for the special purpose district as enlarged, diminished, or consolidated.

Section 6-11-480. Any A person affected by the action of the county board or boards may, by action de novo instituted in the Court of Common Pleas for such that county, within the twenty days following the last publication of the notice prescribed by Section 6-11-470, but not afterwards, may challenge the action of the county board or boards.

Section 6-11-490. If, in order to provide for the cost of any improvements, it is necessary that general obligation bonds be issued the affected county board or boards shall be are empowered at any time to authorize the applicable commission to issue general obligation bonds of the special purpose district. Any county board or boards may, but shall are not be required to, condition the issuance of general obligation bonds upon the result of a special election held in the special purpose district as reconstituted and such the election shall must be conducted in the manner and under the procedure made applicable to the issuance of general obligation bonds of the counties of the State by the provisions of Chapter 15, Title 4."

SECTION 4. This act takes effect upon approval by the Governor.