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Indicates Matter Stricken
Indicates New Matter
March 26, 2002
S. Printed 3/26/02--S. [SEC 3/27/02 2:49 PM]
Read the first time March 26, 2002.
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:
SECTION 1. Section 58-27-120 of the 1976 Code is amended to read:
Neither anything Nothing contained in this chapter, including any duty thereby imposed, any right, power, or privilege thereby 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 so construed or given such effect as to abrogate, modify, or in any way affect the duties and obligations of electrical or other public utilities , or any of them, 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 , nor shall any electrical or other public utility now or hereafter be released to any extent whatever from any obligation or duty now imposed by the law of the State of South Carolina as therein declared. 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.
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