H 3992 Session 110 (1993-1994)
H 3992 General Bill, By J.J. Bailey
A Bill to amend Sections 6-11-410 and 6-11-435, Code of Laws of South
Carolina, 1976, relating to definitions used in Article 5, Chapter 11, Title 6
concerning the alteration of boundaries of special purpose districts and the
provision of overlapping services when a district is enlarged or consolidated,
so as to define "municipality" and "affected county governing body" and
provide a procedure for the consolidation of special service districts and
municipalities, to provide the manner by which this consolidation may be
effected, to provide for a referendum within affected public service
districts, and to provide for the assumption of all properties, liabilities,
and bonded indebtedness of the antecedent public service district by the
affected municipality.
04/14/93 House Introduced and read first time HJ-23
04/14/93 House Referred to Committee on Judiciary HJ-23
A BILL
TO AMEND SECTIONS 6-11-410 AND 6-11-435, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED
IN ARTICLE 5, CHAPTER 11, TITLE 6 CONCERNING THE
ALTERATION OF BOUNDARIES OF SPECIAL PURPOSE
DISTRICTS AND THE PROVISION OF OVERLAPPING SERVICES
WHEN A DISTRICT IS ENLARGED OR CONSOLIDATED, SO AS
TO DEFINE "MUNICIPALITY" AND "AFFECTED
COUNTY GOVERNING BODY" AND PROVIDE A
PROCEDURE FOR THE CONSOLIDATION OF SPECIAL SERVICE
DISTRICTS AND MUNICIPALITIES, TO PROVIDE THE MANNER
BY WHICH THIS CONSOLIDATION MAY BE EFFECTED, TO
PROVIDE FOR A REFERENDUM WITHIN AFFECTED PUBLIC
SERVICE DISTRICTS, AND TO PROVIDE FOR THE ASSUMPTION
OF ALL PROPERTIES, LIABILITIES, AND BONDED
INDEBTEDNESS OF THE ANTECEDENT PUBLIC SERVICE
DISTRICT BY THE AFFECTED MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds:
The General Assembly finds that Article 3, Chapter 11, Title 6 of the
Code of Laws of South Carolina, 1976, provides a procedure by which
the governing body of a county of this State is authorized to enlarge,
diminish, or consolidate any existing special purpose districts lying
within the county. Many of the special purpose districts provide limited
services to those residing within the district such as the collection,
treatment, and disposal of sewage, fire protection, garbage collection,
recreational and other such services. In view of the growth of
municipalities in and about many special purpose districts, and a
concomitant reduction in the tax base of these districts, it may become
desirable to consolidate these districts with contiguous municipalities.
In order to provide a means by which existing special purpose districts
may be consolidated with contiguous municipalities, the General
Assembly has determined to grant to the governing bodies of the
counties of this State the power to call for a referendum within these
special purpose districts for the consolidation of the areas and functions
of any special purpose districts with contiguous municipalities.
SECTION 2. Section 6-11-410 is amended by adding:
"(d) `Municipality' means any municipality created or
incorporated pursuant to Section 5-1-10.
(e) `Affected County Governing Body' means the governing body
of a county where the majority of the assessed value of real property in
an affected public service district is located."
SECTION 3. Section 6-11-435 of the 1976 Code, as last amended by
Act 516 of 1992, is further amended to read:
"Section 6-11-435. (A) For purposes of this
section "political subdivision" means a municipality, county,
or special purpose district.
(B) A consolidated or enlarged special purpose district which results
from action taken pursuant to this chapter may not provide a
governmental service to an area within its boundaries to which it has not
previously provided such service if an overlapping political subdivision
is authorized to provide that same service in the area and the area is
situated within the boundaries of such overlapping political subdivision
without the express authorization of the governing body of such
overlapping political subdivision. The governing body of the county
shall expressly provide by ordinance that the consolidated or enlarged
special purpose district shall not provide a governmental service to an
area within its boundaries within which an overlapping political
subdivision is authorized to provide that same service.
(A) Each affected county board shall, upon the petition
of the governing body of the municipality to be affected and the petition
of the commissioners of the special purpose district affected, or in the
case of overlapping special purpose districts with contiguous
boundaries, the commissioners of all affected districts, or the petition of
fifteen percent of the electors, resident in the special purpose district or
districts affected, take the action authorized by this article to consolidate
any special purpose districts with any contiguous municipality lying
within that county.
(B) In this instance, by resolution duly adopted, the affected
county board shall order a public hearing to advise the citizens of the
special purpose districts and the municipalities affected of the proposed
consolidation. Notice of the public hearing must be published once a
week for three successive weeks in a newspaper of general circulation
within the county, and within any other county in which any portion of
the special purpose districts or municipalities affected may lie. The
notice shall state the time of the public hearing, which may not be less
than sixteen days following the first publication of the notice, the place
of the hearing and the names of the special purpose districts and
municipalities affected.
(C) Upon receipt of the requisite petitions provided for in subsection
(A), and after the public hearing provided for in subsection (B), the
affected county board shall certify that fact to the county election
commission of the county. Upon receipt of a written resolution of the
affected county board that the petitions meet the requirement of this
section, the county election commission shall order an election to be
held within the special purpose district, or districts, on the question of
the consolidation of the special purpose district, or districts, with the
municipality affected.
(D) the petitions must contain a description of the area to be
consolidated and the names of affected public service districts, and the
municipality affected and, in the case of a petition by electors, the
signature of electors, their addresses, voting precincts and their voter
registration numbers.
(E) If the affected county board finds that the petition has been
signed by the governing body of the municipality to be affected and the
petition of the commissioners of the special purpose district affected, or
in the case of overlapping special purpose districts with contiguous
boundaries, the commissioners of all affected districts, or the petition of
fifteen percent of the electors, resident within the public service districts,
it may certify that fact to the county election commission of the affected
county. Upon receipt of a written resolution certifying that the petition
meets the requirements of this section, the county election commission
shall order an election to be held within the public service districts
proposed to be consolidated with the affected municipality.
(F) The election ordered pursuant to this section is a special
election and not a municipal election and must be held, regulated, and
conducted with the provisions prescribed by Chapters 13 and 17 of Title
7, mutatis mutandis, except as otherwise provided in this section. The
county election commission shall give at least thirty days' notice in a
newspaper of general circulation within the public service districts
proposed to be consolidated with the affected municipality. Registered
qualified electors residing within the public service districts have the
same qualifications to vote in this election as are required of registered
qualified electors to vote in state and county general elections. At the
election the registered qualified electors residing within the area shall
vote in a box or boxes to be provided for the purpose within the public
service districts by the county election commission. The county election
commission shall certify the result of the election to the affected county
board. If a majority of the votes cast by the qualified electors of the
affected special purpose districts then the county board, by written
resolution, shall publish the result of the election.
(G) The provisions of Section 6-11-650 do not apply to the
consolidation of special purpose districts and municipalities under this
section.
(H) If the boundaries of a special purpose district to be consolidated
with a contiguous municipality is partially overlapped by the boundary
of another special purpose district, it does not prevent the consolidation
of a special purpose district, and a municipality under this section, and
nothing contained in this section affects the general law of this State
regarding the partial annexation of a special purpose district into a
municipality.
(I) Upon the publication by the municipality of the result of the
referendum, the special purpose district shall cease to exist for any and
all purposes and all properties and liabilities of the antecedent special
purpose districts, including its bonded indebtedness, must be assumed
by and be the responsibility of the municipality."
SECTION 4. This act takes effect upon approval by the Governor.
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