Current Status Introducing Body:House Bill Number:3992 Primary Sponsor:J. Bailey Committee Number:25 Type of Legislation:GB Subject:Special purpose districts, consolidation of Residing Body:House Current Committee:Judiciary Computer Document Number:PT/22072DW.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3992 House 19930414 Introduced, read first time, 25
referred to Committee
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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.