S*1154(Rat #0244, Act #0212 of 2002)  General Bill, By Patterson, Courson, 
Giese and Jackson

Similar(H 4959)
 A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO
 COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY
 THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND
 A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A
 PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.

   03/26/02  Senate Introduced, read first time, placed on calendar
                     without reference SJ-4
   03/26/02  Senate Unanimous consent for second reading on next
                     legislative day SJ-4
   03/26/02  Senate Unanimous consent for third reading on next
                     legislative day SJ-4
   03/27/02  Senate Read second time SJ-19
   03/28/02  Senate Read third time and sent to House SJ-9
   04/02/02  House  Introduced, read first time, placed on calendar
                     without reference HJ-23
   04/03/02  House  Read second time HJ-79
   04/04/02  House  Read third time and enrolled HJ-14
   04/16/02         Ratified R 244
   04/22/02         Signed By Governor
   05/08/02         Effective date 04/22/02
   05/08/02         Copies available
   05/14/02         Act No. 212

AN ACT TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.

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

Transfer of duty to operate public transit system

SECTION 1. Section 58-27-120 of the 1976 Code is amended to read:

"Section 58-27-120. Nothing contained in this chapter, including any duty imposed, any right, power, or privilege granted, the exercise, receipt, or acceptance of any such right, privilege, or permit under the authority of this chapter nor any act done under the authority of this chapter shall be construed or given effect to abrogate, modify, or affect the duties and obligations of electrical or other public utilities as declared by the Supreme Court of South Carolina in the case of State ex rel. Daniel, Attorney General v Broad River Power Company, et al, 157 SC 1, 153 SE 537. However, if both a municipality and electrical or other public utility mutually agree, the electrical or other public utility may grant, transfer, abrogate, modify, sell, or impose upon the municipality the duty or obligation to provide a public transit system to the municipality. The terms of such a grant, transfer, abrogation, modification, sale, or imposition of the duty or obligation to provide a public transit system from an electrical or other public utility to a municipality shall take effect only upon the transfer of the public transit system from the public utility to the municipality or another governmental entity."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2002.

Approved the 22nd day of April, 2002.