Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4989
STATUS INFORMATION
General Bill
Sponsors: Rep. Talley
Document Path: l:\council\bills\dka\3850dw04.doc
Introduced in the House on March 18, 2004
Currently residing in the House Committee on Judiciary
Summary: Dissolution of a special purpose district
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/18/2004 House Introduced and read first time HJ-1 3/18/2004 House Referred to Committee on Judiciary HJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 6-11-2020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO REDUCE FROM TWO-THIRDS TO A MAJORITY VOTE REQUIREMENT TO DISSOLVE A DISTRICT; TO AMEND SECTION 6-11-2040, RELATING TO THE CONTENTS OF A PETITION NECESSARY TO INITIATE A REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO REDUCE FROM FORTY TO THIRTY-THREE THE PERCENTAGE OF QUALIFIED ELECTORS NECESSARY TO SIGN THE PETITION AND DELETE THE REQUIREMENT THAT THE AMOUNT OF OUTSTANDING BONDS BE PRINTED ON THE PETITION; TO AMEND SECTION 6-11-2060, RELATING TO THE REQUIREMENT THAT THE PETITION BE FORWARDED TO A SUCCESSOR PROVIDER, SO AS TO REDUCE FROM FORTY TO THIRTY-THREE THE PERCENTAGE REQUIRED IN THE PETITION TO INITIATE A REFERENDUM; TO AMEND SECTION 6-11-2070, RELATING TO AUTHORIZATION OF THE REFERENDUM TO BE HELD TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO CHANGE THE TIME IT MAY BE CONDUCTED AND BY THE ENTITY CHARGED BY LAW WITH CONDUCTING AN ELECTION INSTEAD OF THE GOVERNING BODY OF THE DISTRICT; TO AMEND SECTION 6-11-2080, RELATING TO THE PUBLICATION OF THE NOTICE OF THE REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT THE AMOUNT OF THE OUTSTANDING BOND BE PRINTED IN THE NOTICE; AND TO AMEND SECTION 6-11-2090, RELATING TO LOCATION AND TIME FOR CONDUCTING A REFERENDUM TO DISSOLVE A SPECIAL PURPOSE DISTRICT, SO AS TO AUTHORIZE THE REFERENDUM TO BE CONDUCTED IN NOVEMBER OF THE NEXT YEAR INSTEAD OF AT THE TIME OF THE GENERAL ELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-11-2020 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2020. Notwithstanding any other another provision of law, a special purpose district may be dissolved in accordance with this article upon a two-thirds majority vote of the qualified electors of the district voting in the referendum. These votes must be cast at a referendum held in accordance with this article and with the election laws of this State, mutatis mutandis."
SECTION 2. Section 6-11-2040(c), (d), (e), and (f) of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"(c) the following inscription: 'This petition shall not become effective unless signed by at least forty thirty-three percent of the qualified electors in (name of district).';
(d) the services which the district is by law authorized to provide; and
(e) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and an outstanding balance of the total of other obligations of the district; and
(f) if the services are to continue, the name of the entity or entities which shall assume the assets and liabilities of the district upon dissolution and shall provide the services currently provided by the district."
SECTION 3. Section 6-11-2060 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2060. Upon receipt of the commissioners of election, and if the certificate demonstrates that at least forty thirty-three percent of the qualified electors of the district have signed a petition conforming to this article, the governing body of the district shall forward it to each political subdivision which is named by the petition as a successor provider."
SECTION 4. Section 6-11-2070 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2070. Upon receipt of a petition pursuant to Section 6-11-2050, and provided that the governing body of the district has received all necessary resolutions or ordinances conforming with Section 6-11-2030 from each successor provider, the governing body shall within thirty days of the petition action adopt a resolution by which it authorizes a referendum to be held on the question of the dissolution of the district. the entity charged by law with conducting an election shall conduct the referendum which must be held on the date of the general election in November of the even-numbered year if the governing body entity charged by law with conducting an election has received all required resolutions or ordinances and the petition by one hundred twenty days before that election. If all required resolutions or ordinances and the petition are not received by that deadline, the governing body entity charged by law with conducting an election must shall schedule the referendum for the next following general November election."
SECTION 5. Section 6-11-2080 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2080. The resolution required by Section 6-11-2070 also shall also provide for the publication of notice of the referendum in one newspaper of general circulation within the district. The notice of referendum must be published no less than sixty days prior to before the referendum, on that date which is two weeks following the initial publication, and once a week for each of the four weeks immediately preceding the week in which the referendum is held. The notice shall must contain matters required by the general election laws of the State and shall also must include the following information:
(1) the name of the district proposed to be dissolved;
(2) a statement that the purpose of the referendum is to determine whether the district should be dissolved;
(3) a general description of the boundaries of the district;
(4) the names, addresses, and telephone numbers of each current member of the governing body of the district;
(5) the services which the district is by law authorized to provide;
(6) the outstanding principal balance of general obligation bonds of the district, the outstanding principal balance of the revenue bonds of the district, the outstanding principal balance of lease-purchase obligations of the district, and the outstanding principal balance of other obligations of the district;
(7) the name of the political subdivision or subdivisions which shall assume the assets and liabilities of the district upon dissolution and, if services are to be continued, shall provide the services currently provided by the district;
(8)(7) where applicable, a statement that a copy of the written agreement of the successor providers as to the proposed distribution of assets and liabilities is available at the office of the principal administrator of each successor entity and at the principal office of the district;
(9)(8) where applicable, a statement that in the event the district is dissolved, the area formerly included within the district must be, without further action or approval, designated as a special tax district of the county in which the district is located for the provision of the service or services presently provided by the district for which the county is the successor provider, that the district will be subject to an annual tax for operations and maintenance of it not exceeding the amount as provided in the ordinance of the county enacted pursuant to Section 6-11-2060, and for debt service on general obligation bonds issued to finance the provision of the service or services; and
(10)(9) the question to be voted upon in the referendum."
SECTION 6. Section 6-11-2090 of the 1976 Code, as added by Act 397 of 1998, is amended to read:
"Section 6-11-2090. The referendum must be conducted by the commissioners of election entity charged by law with conducting elections for the county in which the district is located and held on the general election date in November of the next even-numbered year pursuant to Section 6-11-2070."
SECTION 7. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:40 A.M.