Current Status Bill Number:937 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Ryberg All Sponsors:Ryberg, Wilson, Gregory Drafted Document Number:RES9786.WGR Residing Body:Senate Subject:Municipal utilities, annexation of nonresidents, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960424 Committee report: Favorable with 11 SJ
amendment
Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19951010 Prefiled, referred to Committee 11 SJ
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COMMITTEE REPORT
April 24, 1996
S. 937
S. Printed 4/24/96--S.
Read the first time January 9, 1996.
To whom was referred a Bill (S. 937), to amend Chapter 21, Title 6, 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. Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:
"Section 5-31-1940. Notwithstanding any other provision of law and effective July 1, 1996, a municipality may not, by ordinance or otherwise, impose upon a customer receiving water or sewer 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 water or sewer services if the municipality has:
(1) prior to July 1, 1996, extended water or sewer 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 of the Governor./
Amend title to conform.
MAGGIE W. GLOVER, for Committee.
TO AMEND CHAPTER 21, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL ANNEXATIONS, BY ADDING SECTION 6-21-55 SO AS TO PROHIBIT A MUNICIPALITY WHICH HAS EXTENDED WATER OR SEWER SERVICES TO NONRESIDENT HOMEOWNERS PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT REQUIRE REFRAINMENT FROM OPPOSITION TO ANNEXATION AS A CONDITION OF RECEIPT OF WATER OR SEWER 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. Chapter 21, Title 6 of the 1976 Code is amended by adding:
"Section 6-21-55. Notwithstanding any other provision of law, on or after September 1, 1995, this provision shall apply to a municipality that has extended water or sewer services to a residential customer whose property is not within the municipality pursuant to a contractual agreement, which does not contain 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 a requirement that the homeowner or purchaser refrain from opposing annexation as a condition of continued receipt of water or sewer services."
SECTION 2. This act takes effect upon approval by the Governor.