H*3486(Rat #0549, Act #0592 of 1980)  General Bill, By M.E. Nunnery
 A Bill to create the Fort Lawn Fire District in Chester County; to provide for
 a Fire Control Commission for the District; to prescribe the powers, duties
 and membership of the Commission; to provide for tax levies; and to provide
 penalties for certain violations.

   02/12/80  House  Introduced, read first time, placed on calendar
                     without reference HJ-872
   02/13/80  House  Read second time HJ-891
   02/14/80  House  Debate adjourned HJ-939
   02/19/80  House  Debate adjourned HJ-974
   02/20/80  House  Read third time and sent to Senate HJ-1021
   02/21/80  Senate  INTD. & PLACED ON LOC. & UNCONTESTED CAL. W/O
                     REFERENCE SJ-12
   05/27/80  Senate Read second time SJ-25
   05/28/80  Senate Read third time and enrolled SJ-32
   05/29/80  House  Ratified R 549 HJ-3394
   06/04/80         Vetoed by Governor
   06/04/80  House   VETO MESSAGE RECEIVED HJ-3605
   06/05/80  House  Veto overridden by originating body Yeas-64 
                     Nays-5 HJ-3634
   06/05/80  Senate  VETO MESSAGE RECEIVED SJ-30
   06/05/80  Senate Veto overridden YEAS  25 NAYS   0 SJ-30
   06/05/80         Effective date 06/05/80
   06/05/80         Act No. 592
   06/17/80         Copies available

AN ACT TO CREATE THE FORT LAWN FIRE DISTRICT IN CHESTER COUNTY; TO PROVIDE FOR A FIRE CONTROL COMMISSION FOR THE DISTRICT; TO PRESCRIBE THE POWERS, DUTIES AND MEMBERSHIP OF THE COMMISSION; TO PROVIDE FOR TAX LEVIES; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

Fort Lawn Fire District created

Section 1. There is hereby created the Fort Lawn Fire District in Chester County which shall include all that area lying within a radius of three miles measured from the center of the Town of Fort Lawn, a description of which shall be filed in the office of the Clerk of Court for Chester County.

Commission established

Section 2. There shall be established a fire control commission to be composed of five members to be appointed by the Governor; two of whom shall be appointed upon the recommendation of the county legislative delegation, including the House member, and two of whom shall be appointed on the recommendation of the Fort Lawn municipal council, but not a member of the municipal council, and the fifth shall be recommended by the majority of the aforementioned four appointees. The terms of office shall be four years; provided, however, that initially one of the delegation appointees and one of the municipal council appointees shall serve a term of two years.

Officers of commission

Section 3. The commission shall organize by electing a chairman, vice-chairman, secretary and treasurer who shall serve in their respective offices for a period of two years. The commission shall investigate the feasibility of operating a system of fire protection within the district by studying operational costs, capital costs and benefits to the residents of the district. The commission shall seek to negotiate a contract with the Town of Fort Lawn for providing fire service within the district. Upon the completion of the study, a report of the commission shall be made to the Chester County Council and such report shall contain a recommendation of the commission as to the commission's opinion as to the feasibility of the fire district becoming functional or recommending that it is not found feasible for it to become functional. In the event the commission recommends the fire district to become functional and that the commission assume responsibility for fire protection in the district, the commission shall submit to the County Council a proposed budget and a proposed plan of operation which shall include a proposed contract of operation with the Town of Fort Lawn which will have been mutually agreed upon, and a request for the approval of sufficient tax millage by County Council to finance the costs of such fire protection in the district. The County Council shall be responsible for approving all tax assessments within the district for fire protection purposes.

Commission charged with fire protection

Section 4. Upon the approval of a tax levy by the County Council, the commission will be charged with the responsibility of fire protection in the area within the district and shall have the following powers:

(1) To contract with the Town of Fort Lawn for providing fire services within the district.

(2) With the approval of the County Council, to borrow money in anticipation of taxes pledging the full faith and taxing power of the district for payment of such indebtedness.

(3) To do such other things as may be necessary to carry out the responsibility of providing fire protection within the district.

Commission may levy taxes

Section 5. The commission shall have the authority to levy taxes

on all taxable property within the district; provided, that such levy can only be for the purposes of fire protection and the auditor and treasurer of Chester County shall not levy and collect such tax without the approval of the majority of the Chester County Council.

Prohibition on tax levy

Section 6. After a district tax levy is approved, notwithstanding

any other provision of law, no other municipality or special purpose district shall levy a tax against the property within the Fort Lawn Fire District for the purpose of fire protection.

Time effective

Section 7. This act shall take effect upon approval by the Governor.