Current Status Bill Number:View additional legislative information at the LPITS web site.5018 Ratification Number:543 Act Number:175 of 1999 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:Townsend All Sponsors:Townsend, Martin, Stille and Cooper Drafted Document Number:pt\1885sd.98 Date Bill Passed both Bodies:19980617 Date of Last Amendment:19980527 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19990114 Subject:Anderson County Fire Protection Commission, powers and duties of members History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990819 Act No. 175 ------ 19990114 Unsigned, became law without signature of Governor ------ 19980617 Ratified R543 Senate 19980617 Read third time, enrolled for ratification Senate 19980616 Read second time, unanimous consent for third reading on Wednesday, 19980617 Senate 19980528 Introduced, read first time, placed on local and uncontested Calendar without reference House 19980528 Read third time, sent to Senate House 19980527 Amended, read second time House 19980526 Anderson Delegation report: 97 HLD Favorable House 19980414 Introduced, read first time, 97 HLD referred to Anderson Delegation
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT THE FINAL VERSION.
(A175 of 1999, R543, H5018)
AN ACT TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKE AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST.
Be it enacted by the General Assembly of the State of South Carolina:
Commission; composition
SECTION 1. Section 1 of Act 294 of 1961, as reflected in Section 14-891 of the 1962 Code, as last amended by Act 927 of 1964, is further amended to read:
"Section 1. There is created a commission in Anderson County to bear the name of Anderson County Fire Protection Commission. The commission is composed of five resident electors to be appointed by the Governor on the recommendation of a majority of the county legislative delegation, including the senators. Any vacancies that occur on the commission must be filled in like manner. The commissioners shall reside within or own property in an area to be served by the Anderson County Fire Protection System. The term of office of each commissioner is for four years and until his successor is appointed and qualifies. A commissioner is eligible to succeed himself. If for any reason a commissioner is removed or resigns during his term, a successor must be appointed to complete that term. Vacancies occurring during a commissioner's term must be filled only for the remainder of that term. The commissioners shall select a chairman and a treasurer from among themselves."
Levy
SECTION 2. Section 2(d) of Act 294 of 1961, as reflected in Section 14-893(4) of the 1962 Code, as last amended by Act 146 of 1969, is further amended to read:
"(d) To annually recommend to the Anderson County Legislative Delegation a tax not to exceed six mills in the aggregate on all of the taxable property of the county for the development and operation of the fire protection system except that property within the municipal limits of the cities of Anderson, Belton, Honea Path, Williamston, and that portion of Piedmont that comprises old School District No. 23."
Borrowing money
SECTION 3. Section 2(e) of Act 294 of 1961, as reflected in Section 14-893(5) of the 1962 Code, as last amended by Act 216 of 1967, is further amended to read:
"(e) To borrow money for its purposes in its name in advance and in anticipation of the collection of taxes levied, and to pledge those taxes as security for the payment of any and all notes with the approval of the Anderson County Legislative Delegation;"
Reference changed
SECTION 4. Section 2(f) of Act 294 of 1961, as reflected in Section 14-893(6) of the 1962 Code, as last amended by Act 927 of 1964, is further amended to read:
"(f) To engage a competent county fire chief and fix his compensation and terms of employment and duties and to engage such other agents and servants as needed;"
Fire protection system
SECTION 5. Section 3 of Act 294 of 1961, as reflected in Section 14-894 of the 1962 Code, as last amended by Act 927 of 1964, is further amended to read:
"Section 3. In each section or subdivision of the county set up in the fire protection system where the commission may establish a fire station, there must be a volunteer unit chief and such volunteer unit members and fire fighters as the commission shall determine. These units must be known as the fire department of the designated area. It is the duty of the unit chief to enforce the rules of the commission and protect and care for the property of the commission. Each unit chief must be appointed by the county fire chief, after an election by the members of the respective units, for a term of one year, or until his successor is appointed and qualifies, and shall perform such other duties as may be set forth in the rules of the commission. Vacancies in the office of the unit chief must be filled in the manner of the original appointment. The unit chief may be removed only for cause following a hearing by the full commission."
Budget
SECTION 6. Section 4 of Act 294 of 1961, as reflected in Section 14-896 of the 1962 Code, is amended to read:
"Section 4. Before July first of each year, the commission shall determine and present to the Anderson County Legislative Delegation a budget in which is recommended the amount of money needed for its purposes for the fiscal year. After the delegation approves the budget, the necessary levy is sent to the county auditor who shall levy a tax on all taxable property of the county adequate for raising such sums needed, but the levy may not exceed six mills. The tax must be collected by the county treasurer the same as taxes are collected for county purposes. The tax levied by the county auditor shall constitute a lien upon the taxable
property of the county in the same manner as other taxes constitute liens on such property. All monies assessed and collected for the purpose of the commission must be paid out by the county treasurer for these purposes upon the warrant of the chairman and treasurer of the commission. The county treasurer shall at regular intervals, not less than every two months, file a statement with the commission as to the monies collected on the tax and the disbursements that have been made."
References changed
SECTION 7. Section 9 of Act 294 of 1961, as reflected in Section 14-897 of the 1962 Code, is amended to read:
"Section 9. The governing body of Anderson County may make available for the commission any real estate owned by the county not otherwise needed to place a building or other property in the development and operation of the fire protection system."
References changed
SECTION 8. Section 5(d) of Act 294 of 1961, as reflected in Section 14-898(4) of the 1962 Code, is amended to read:
"(d) Drive any vehicle over fire hose except upon specific orders from the county fire chief, or other officer in charge where the hose is issued; or"
Referendum
SECTION 9. Section 1(B) of Act 711 of 1990 is amended to read:
"(B) Pursuant to the results of a favorable referendum which previously was conducted pursuant to Section 6-11-273 of the 1976 Code, the commission, beginning with the year 1988, may annually recommend to the Anderson County Legislative Delegation a tax not to exceed six mills on all taxable property in its service area for the operation of the commission. If the commission recommends and the delegation agrees to a levy of more than six mills, a referendum must be conducted, initiated by the delegation, within the service area of the commission to approve that levy. A majority of the qualified electors voting on the levy over the six mills must approve the levy before the additional taxes may be levied. The service area of the commission for this purpose for the years 1988, 1989, and 1990 consists of the entire area of the county of Anderson except for those areas within the municipal limits of the cities of Anderson, Belton, Honea Path, Williamston, and that portion of Piedmont that comprises old School District No. 23. Effective with the year 1991 and thereafter, the area within the town of Pelzer is also part of the service area of the commission."
Time effective
SECTION 10. This act takes effect upon approval by the Governor.
Ratified the 17th day of June, 1998.
Became law without the signature of the Governor -- 1/14/99.