Current Status Bill Number:1211 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960305 Primary Sponsor:Ryberg All Sponsors:Ryberg Drafted Document Number:res9949.wgr Residing Body:Senate Subject:Municipal fire protection services
Body Date Action Description Com Leg Involved
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Senate 19960424 Committee report: Favorable with 11 SJ
amendment
Senate 19960305 Introduced, read first time, 11 SJ
referred to Committee
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COMMITTEE REPORT
April 24, 1996
S. 1211
S. Printed 4/24/96--S.
Read the first time March 5, 1996.
To whom was referred a Bill (S. 1211), to amend Section 5-7-60, Code of Laws of South Carolina, 1976, relating to the authorization for a municipality to furnish any of its services, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-65. Notwithstanding any other provision of law and effective July 1, 1996, a municipality may not, by ordinance or otherwise, impose upon a customer receiving fire protection services from the municipality whose property is outside the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee, or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation or consent to annexation as a condition of continued receipt of fire protection services if the municipality has:
(1) prior to July 1, 1996, extended fire protection services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if the property becomes contiguous to the municipality; or
(2) prior to July 1, 1996, extended these services to the customer under any circumstances without, prior to July 1, 1996, any specific agreement with respect to annexation."
SECTION 2. This act takes effect upon approval by the Governor./.
Amend title to conform.
MAGGIE W. GLOVER, for Committee.
TO AMEND SECTION 5-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR A MUNICIPALITY TO FURNISH ANY OF ITS SERVICES OUTSIDE THE CORPORATE LIMITS, SO AS TO PROHIBIT A MUNICIPALITY WHICH HAS EXTENDED FIRE PROTECTION SERVICES TO NONRESIDENT HOMEOWNERS PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT REQUIRE REFRAINMENT FROM OPPOSITION TO ANNEXATION AS A CONDITION OF RECEIPT OF FIRE PROTECTION SERVICES FROM SUBSEQUENTLY IMPOSING SUCH CONDITION UPON THE NONRESIDENT HOMEOWNER OR A SUBSEQUENT PURCHASER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-7-60 of the 1976 Code is amended by adding at the end a new paragraph to read:
"Notwithstanding any other provision of law and applicable beginning on September 1, 1995, any municipality that has extended fire protection services to a residential customer whose property is not within the corporate limits of the municipality pursuant to a contractual agreement which did not contain, prior to September 1, 1995, a clause prohibiting the nonresident homeowner from opposing annexation if such property becomes contiguous to the municipality, may not by ordinance or otherwise impose upon the nonresident homeowner or a subsequent purchaser, assignee, or transferee of the property a requirement that the homeowner or purchaser refrain from opposing annexation as a condition of continued receipt of fire protection services."
SECTION 2. This act takes effect upon approval by the Governor.