H*4737(Rat #0508, Act #0429 of 1992)  General Bill, By H.H. Keyserling
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 6-11-320 so as to authorize a special purpose district which is empowered to
 provide water services to provide sewage collection and disposal services
 under certain prescribed circumstances.

   04/14/92  House  Introduced and read first time HJ-15
   04/14/92  House  Referred to Committee on Judiciary HJ-15
   04/23/92  House  Recalled from Committee on Judiciary HJ-28
   05/06/92  House  Amended HJ-45
   05/06/92  House  Read second time HJ-45
   05/07/92  House  Read third time and sent to Senate HJ-62
   05/07/92  Senate Introduced, read first time, placed on calendar
                     without reference SJ-15
   05/20/92  Senate Read second time SJ-44
   05/20/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-44
   05/21/92  Senate Read third time and enrolled SJ-22
   05/27/92         Ratified R 508
   06/02/92         Signed By Governor
   06/02/92         Effective date 06/02/92
   06/02/92         Act No. 429
   06/17/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

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

Findings

SECTION 1. (A) As of March 7, 1973, the effective date of Article VIII of the South Carolina Constitution, 1895, many special purpose districts existed throughout the State of South Carolina which had been created to provide water service to the residents living within the boundaries of these districts.

(B) Section 1 of Article VIII of the South Carolina Constitution provides that the powers possessed by all political subdivisions at the effective date of the article continue until changed in a manner provided by law. Some of those districts which are presently providing water service have determined that, in order to protect the health of the residents residing within the districts, it is necessary that sewer service likewise be provided in their respective areas by a governmental entity. Accordingly, the General Assembly has determined that, as permitted by Article VIII of the South Carolina Constitution, a law empowering these districts to provide sewer services would promote the public health of the State of South Carolina.

District may provide sewer service

SECTION 2. The 1976 Code is amended by adding:

"Section 6-11-320. (A) A special purpose district, which was empowered as of March 7, 1973, to provide water service to the area within its boundaries, may provide sewer service to the area within its boundaries if it has received permission, by written resolution, from the governing body of the county in which the district is located, provided that the sewer service may not be provided to those parts of that area where sewer service, at that time, is being provided by a governmental entity at the time the district's governing body determines to utilize the provisions of this section. The district may build, acquire, construct, operate, and maintain sewage collection, treatment, and disposal facilities or contract for the use of any facilities as are, in the opinion of the governing body of the special purpose district, necessary for the district. The district may impose such schedule of rates and charges for the use of sewage collection, treatment, and disposal facilities as the governing body of the district shall from time to time approve. The governing body may place into effect and revise, whenever it wishes or is required, a schedule of rates for the sewer service made available by it to persons, firms, and corporations within the district.

(B) All other powers of a special purpose district shall continue and are not considered to be changed by the provisions of this section."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 2nd day of June, 1992.