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1154Ratification Number: 244Act Number: 212Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20020326Primary Sponsor: PattersonAll Sponsors: Patterson, Courson, Giese and JacksonDrafted Document Number: l:\council\bills\gjk\21206sd02.docDate Bill Passed both Bodies: 20020404Governor's Action: SDate of Governor's Action: 20020422Subject: Public transit system, municipality and public utility may mutually agree to transfer the obligation of providing public transportationHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020514 Act No. A212 ------ 20020422 Signed by Governor ------ 20020416 Ratified R244 House 20020404 Read third time, enrolled for ratification House 20020403 Read second time House 20020402 Introduced, read first time, placed on Calendar without reference Senate 20020328 Read third time, sent to House Senate 20020327 Read second time ------ 20020327 Scrivener's error corrected Senate 20020326 Unanimous consent for second and third reading on the next two consecutive Legislative days Senate 20020326 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on March 26, 2002 - Word format Revised on March 27, 2002 - Word format Revised on April 2, 2002 - Word format
(A212, R244, S1154)
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."
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.
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