H*3280 Session 110 (1993-1994)
H*3280(Rat #0009, Act #0006) General Bill, By Sheheen
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
6-13-120 so as to provide a method by which a rural community water district
may be dissolved.
01/27/93 House Introduced, read first time, placed on calendar
without reference HJ-6
01/28/93 House Debate adjourned until Wednesday, February 3,
1993 HJ-15
02/03/93 House Debate adjourned until Thursday, February 4, 1993 HJ-27
02/04/93 House Amended HJ-17
02/04/93 House Read second time HJ-17
02/04/93 House Unanimous consent for third reading on next
legislative day HJ-18
02/05/93 House Read third time and sent to Senate HJ-6
02/09/93 Senate Introduced, read first time, placed on calendar
without reference SJ-12
02/10/93 Senate Read second time SJ-12
02/11/93 Senate Read third time and enrolled SJ-20
02/17/93 Ratified R 9
02/18/93 Signed By Governor
02/18/93 Effective date 02/18/93
02/24/93 Copies available
(A6, R9, H3280)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO
PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER
DISTRICT MAY BE DISSOLVED.
Be it enacted by the General Assembly of the State of South Carolina:
Procedure for dissolution of water district
SECTION 1. The 1976 Code is amended by adding:
"Section 6-13-120. (A) For purposes of this section, `assuming
service provider' includes, but is not limited to, a county, municipality,
special purpose district as defined by Section 6-11-810(d), or corporation
not for profit as defined by Section 33-35-10.
(B) A district created pursuant to the provisions of this article may be
dissolved if the procedures proscribed in subsections (C) or (D) of this
section are followed.
(C) A petition signed by not less than twenty-five percent of the resident
customers of the district, excluding corporations, requesting the dissolution
of the district and identifying the assuming service provider must be
presented to the governing body of the district. The governing body shall
verify the petition within thirty days, and notify the county election
commission of the county, or counties if the district is located in more than
one county, in which the district is located of those customers eligible to
vote in a referendum which must be held within sixty days after notification
to the election commission. The district shall give thirty days notice to its
customers of the referendum by including in the monthly statement for
services a separate sheet of paper on which is printed the notice of the
referendum which must state the time, date, purpose, and location where
customers may vote. The commission, or commissions, if the district is
located in more than one county, shall prepare the ballots, conduct the
referendum, and determine its results pursuant to the election laws of this
State, mutatis mutandis. The district shall reimburse the commission, or
commissions, if the district is located in more than one county, for all costs
incurred in conducting the referendum. If sixty percent of the resident
users of the district voting in the referendum, excluding corporations, vote
in favor of the dissolution of the district and its transfer to the assuming
service provider, it is effective upon the assumption, by ordinance if
assumed by a municipality or county, or by resolution if assumed by a
special purpose district or nonprofit corporation, of all debts and
obligations by the governing body of the assuming service provider. An
assuming service provider must be located in the county where the district
is located or be authorized to serve a contiguous area. (D) A petition signed by not less than seventy-five percent of the
resident customers of the district, excluding corporations, requesting the
dissolution of the district and identifying the assuming service provider
must be presented to the governing body of the district. The governing
body shall verify the petition within thirty days. If the verified petition is
signed by seventy-five percent of the resident users of the district,
excluding corporations, requesting the dissolution of the district and its
transfer to the assuming service provider, it is effective upon the
assumption, by ordinance if assumed by a municipality or county, or by
resolution if assumed by a special purpose district or nonprofit corporation,
of all debts and obligations by the governing body of the assuming service
provider. An assuming service provider must be located in the county
where the district is located or be authorized to serve a contiguous area.
(E) The governing body of the district must notify the Secretary of State
within sixty days of the referendum as provided in subsection (C), or
verification of the petition as provided in subsection (D), if the district is
dissolved."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 18th day of February, 1993. |