South Carolina General Assembly
116th Session, 2005-2006

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H. 3525

STATUS INFORMATION

General Bill
Sponsors: Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson
Document Path: l:\council\bills\dka\3168dw05.doc
Companion/Similar bill(s): 462

Introduced in the House on February 10, 2005
Introduced in the Senate on May 4, 2005
Last Amended on April 28, 2005
Currently residing in the Senate

Summary: Municipality to provide water and sewer service

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/10/2005  House   Introduced and read first time HJ-10
   2/10/2005  House   Referred to Committee on Judiciary HJ-11
   2/24/2005  House   Member(s) request name added as sponsor: Sandifer, 
                        G.Brown
   3/30/2005  House   Recalled from Committee on Judiciary HJ-29
   3/30/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-29
   4/20/2005  House   Committee report: Majority favorable with amend., 
                        minority unfavorable Labor, Commerce and Industry HJ-4
   4/27/2005  House   Amended HJ-235
   4/27/2005  House   Tabled HJ-237
   4/27/2005  House   Roll call Yeas-53  Nays-50 HJ-237
   4/27/2005  House   Motion noted- reconsider the vote whereby the Bill was 
                        tabled HJ-241
   4/28/2005  House   Reconsider vote whereby the Bill was tabled HJ-25
   4/28/2005  House   Amended HJ-37
   4/28/2005  House   Read second time HJ-40
   4/28/2005  House   Roll call Yeas-59  Nays-38 HJ-40
    5/3/2005  House   Read third time and sent to Senate HJ-22
    5/4/2005  Senate  Introduced and read first time SJ-8
    5/4/2005  Senate  Referred to Committee on Judiciary SJ-8
   5/26/2005  Senate  Recalled from Committee on Judiciary SJ-340

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/10/2005
4/20/2005
4/27/2005
4/28/2005
5/26/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

RECALLED

May 26, 2005

H. 3525

Introduced by Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson

S. Printed 5/26/05--S.

Read the first time May 4, 2005.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The General Assembly finds that adding Section 58-5-70 to the 1976 Code in SECTION 2 of this act is intended to clarify the General Assembly's intent that all inhabitants of a municipality are entitled to equal access to the governmental function of municipal water and sewer service without discrimination and that no other provision of law should be interpreted otherwise, to underscore the General Assembly's recognition in Section 58-5-70 that the dwellings, commercial buildings, or other structures within the territorial limits of a city or town which operates water or sewer utility systems as authorized under Article VIII, Section 16 of the Constitution and Section 5-31-610, and to recognize that the provision of water and sewer service by municipalities is an exercise of the police power, which may not be exercised for the benefit of particular individuals or classes of individuals.

SECTION    2.    Article 1, Chapter 5, Title 58 of the 1976 Code is amended by adding:

"Section 58-5-70.    Upon the written request of a property owner requesting the municipality to extend water or sewer service, the municipality shall provide the service and levy an assessment against the property of the owner requesting the service for the costs of the service according to provisions of this section. The property owner shall agree to pay the costs either by (1) paying the costs before the municipality begins construction or (2) insuring the costs in the form of a performance bond before the municipality begins construction. This section applies only to property located within the corporate limits of a municipality. The provisions of Section 5-31-1510 are superseded by the provisions of this section."

SECTION    3.    This act takes effect upon approval by the Governor.

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