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Indicates Matter Stricken
Indicates New Matter
April 20, 2005
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, Hinson and G. Brown
S. Printed 4/20/05--H.
Read the first time February 10, 2005.
To whom was referred a Bill (H. 3525) 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, 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 deleting Section 58-5-70, SECTION 2, page 2, beginning on line 1, and inserting:
/ "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, including the costs of additional capacity when necessary, 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 The provisions of Section 5-31-1510 are superseded by the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
HARRY F. CATO ROBERT S. PERRY, JR.
For Majority. For Minority.
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 to him water or sewer service and agreeing to pay the cost, including the cost of additional capacity when necessary, the municipality shall provide the service and levy an assessment against the property of the owner requesting the service for the costs of it in accordance within the provision of this section. 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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