Current Status Introducing Body:House Bill Number:3280 Ratification Number:9 Act Number:6 Primary Sponsor:Sheheen Type of Legislation:GB Subject:Rural community water district Date Bill Passed both Bodies:19930211 Computer Document Number:EGM/18093DW.93 Governor's Action:S Date of Governor's Action:19930218 Introduced Date:19930127 Date of Last Amendment:19930204 Last History Body:------ Last History Date:19930218 Last History Type:Act No. 6 Scope of Legislation:Statewide All Sponsors:Sheheen Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3280 ------ 19930218 Act No. 6
3280 ------ 19930218 Signed by Governor
3280 ------ 19930217 Ratified R 9
3280 Senate 19930211 Read third time, enrolled for
ratification
3280 Senate 19930210 Read second time
3280 Senate 19930209 Unanimous consent for second
and third reading on the next
two consecutive Legislative
days
3280 Senate 19930209 Introduced, read first time,
placed on Calendar without
reference
3280 House 19930205 Read third time, sent to
Senate
3280 House 19930204 Amended, read second time,
unanimous consent for third
reading on next Legislative
day
3280 House 19930203 Debate adjourned until
Thursday, February 4, 1993
3280 House 19930128 Debate adjourned until
Wednesday, February 3, 1993
3280 House 19930127 Introduced, read first time,
placed on Calendar without
reference
View additional legislative information at the LPITS web site.
(A6, R9, H3280)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.
Be it enacted by the General Assembly of the State of South Carolina:
Procedure for dissolution of water district
SECTION 1. The 1976 Code is amended by adding:
"Section 6-13-120. (A) For purposes of this section, `assuming service provider' includes, but is not limited to, a county, municipality, special purpose district as defined by Section 6-11-810(d), or corporation not for profit as defined by Section 33-35-10.
(B) A district created pursuant to the provisions of this article may be dissolved if the procedures proscribed in subsections (C) or (D) of this section are followed.
(C) A petition signed by not less than twenty-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district. The governing body shall verify the petition within thirty days, and notify the county election commission of the county, or counties if the district is located in more than one county, in which the district is located of those customers eligible to vote in a referendum which must be held within sixty days after notification to the election commission. The district shall give thirty days notice to its customers of the referendum by including in the monthly statement for services a separate sheet of paper on which is printed the notice of the referendum which must state the time, date, purpose, and location where customers may vote. The commission, or commissions, if the district is located in more than one county, shall prepare the ballots, conduct the referendum, and determine its results pursuant to the election laws of this State, mutatis mutandis. The district shall reimburse the commission, or commissions, if the district is located in more than one county, for all costs incurred in conducting the referendum. If sixty percent of the resident users of the district voting in the referendum, excluding corporations, vote in favor of the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider. An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area. (D) A petition signed by not less than seventy-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district. The governing body shall verify the petition within thirty days. If the verified petition is signed by seventy-five percent of the resident users of the district, excluding corporations, requesting the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider. An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area.
(E) The governing body of the district must notify the Secretary of State within sixty days of the referendum as provided in subsection (C), or verification of the petition as provided in subsection (D), if the district is dissolved."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 18th day of February, 1993.