Bill 4426

                    Current Status

Introducing Body:               House
Bill Number:                    4426
Ratification Number:            499
Act Number:                     423
Primary Sponsor:                Manly
Type of Legislation:            GB
Subject:                        Political subdivision, sewer system
                                provisions
Date Bill Passed both Bodies:   May 15, 1992
Computer Document Number:       BR1/2112.JM
Governor's Action:              S
Date of Governor's Action:      Jun 01, 1992
Introduced Date:                Feb 19, 1992
Last History Body:              ------
Last History Date:              Jun 01, 1992
Last History Type:              Signed by Governor
Scope of Legislation:           Statewide
All Sponsors:                   Manly
                                Fair
                                Cato
                                Mattos
                                Anderson
                                Vaughn
                                M.O. Alexander
                                Haskins
                                Wilkins
                                Jaskwhich
                                Clyborne
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4426  ------  Jun 01, 1992  Act No. 423
 4426  ------  Jun 01, 1992  Signed by Governor
 4426  ------  May 27, 1992  Ratified R 499
 4426  Senate  May 15, 1992  Read third time, enrolled for
                             ratification
 4426  Senate  May 14, 1992  Read second time, unanimous
                             consent for third reading on
                             Friday, May 15, 1992
 4426  Senate  May 07, 1992  Committee Report: Favorable     11
 4426  Senate  Apr 06, 1992  Introduced, read first time,    11
                             referred to Committee
 4426  House   Apr 03, 1992  Read third time, sent to
                             Senate
 4426  House   Apr 02, 1992  Read second time, unanimous
                             consent for third reading on
                             next Legislative day
 4426  House   Mar 25, 1992  Committee Report: Favorable     25
 4426  House   Feb 19, 1992  Introduced, read first time,    25
                             referred to Committee

(R499, H4426)

AN ACT TO PROVIDE THAT A POLITICAL SUBDIVISION MAY PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS, FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT; TO PROVIDE THAT, IN THE EVENT THAT A POLITICAL SUBDIVISION, PURSUANT TO SPECIAL OR GENERAL ACT, HAS COLLECTED FUNDS BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS TO DEFRAY THE COST OF CONSTRUCTION OF SEWER COLLECTION LINES, THESE FUNDS MAY BE APPLIED BY THE POLITICAL SUBDIVISION TO THE MAINTENANCE, REPAIR, AND REPLACEMENT OF THE LINES AS LONG AS CERTAIN CONDITIONS ARE SATISFIED; TO PROVIDE THAT BEFORE THE EXPENDITURE OF FUNDS IN ACCORDANCE WITH THIS ACT, THE POLITICAL SUBDIVISION FIRST SHALL FIND THAT THE ABOVE-REFERENCED CONDITIONS ARE SATISFIED; AND TO PROVIDE THAT THE POLITICAL SUBDIVISION MUST SET FORTH A GENERAL DESCRIPTION OF THE PROPERTIES UPON WHICH THE ASSESSMENTS WERE IMPOSED AND A GENERAL DESCRIPTION OF THE USE TO WHICH THE FUNDS SHALL BE APPLIED, EXCEPT THAT THE FUNDS SHALL BE APPLIED ONLY TO MAINTENANCE, REPAIR, OR REPLACEMENT OF THOSE SEWER COLLECTION LINES IN CONNECTION WITH WHICH THE ASSESSMENTS WERE IMPOSED.

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

Definition

SECTION 1. For the purposes of this act, "political subdivision" means a municipality, county, or special purpose district which operates a sewer system authorized by law.

Sewer improvements; expenditure of funds

SECTION 2. Notwithstanding any other provision of law, a political subdivision by resolution or ordinance duly adopted may provide for the expenditure of funds collected by way of front-foot assessments or per-parcel assessments for sewer improvements in accordance with this act.

Application of funds

SECTION 3. In the event that a political subdivision, pursuant to special or general act, has collected funds by way of front-foot assessments or per-parcel assessments to defray the cost of construction of sewer collection lines, these funds may be applied by the political subdivision to the maintenance, repair, and replacement of the lines as long as the following conditions are satisfied:

(1) the construction of all sewer collection lines for which the assessments were imposed and collected has been completed; and

(2) any obligations issued to finance the construction of the sewer collection lines have been discharged.

Requirements on political subdivision; etc.

SECTION 4. Before the expenditure of funds in accordance with this act, the political subdivision first shall find by resolution or ordinance that the conditions set forth in Section 3 of this act are satisfied. The political subdivision also shall set forth in its resolution or ordinance a general description of the properties upon which the assessments were imposed and a general description of the use to which the funds shall be applied; however, the funds shall be applied only to maintenance, repair, or replacement of those sewer collection lines in connection with which the assessments were imposed.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

In the Senate House May 27, 1992.

Nick A. Theodore,

President of the Senate

David M. Beasley,

Speaker Pro Tempore of the

House of Representatives

Approved the 1st day of June, 1992.

Carroll A. Campbell, Jr.,

Governor

Printer's Date -- June 29, 1992 -- S.