Bill 4005

                    Current Status

Bill Number:                       4005
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970410
Primary Sponsor:                   H. Brown
All Sponsors:                      H. Brown, Seithel, Gourdine,
                                   Altman, Harrell, Hinson, Limehouse,
                                   Law, Robinson, Whatley, Kelley,
                                   Dantzler and Boan 
Drafted Document Number:           kgh\15087htc.97
Residing Body:                     House
Current Committee:                 Ways and Means Committee 30
                                   HWM
Subject:                           Property, liens on; service
                                   fees and charges counties may
                                   impose; Taxation, Political
                                   Subdivisions

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970410  Introduced, read first time,             30 HWM
                  referred to Committee

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO PROVIDE FOR THE COLLECTION OF GOVERNMENT SERVICE FEES AND CHARGES IMPOSED BY COUNTIES BY MEANS OF LIENS ON THE AFFECTED REAL PROPERTY SUPERIOR TO ALL OTHER LIENS EXCEPT LIENS FOR PROPERTY TAXES, TO PROVIDE FOR THE IMPOSITION OF THESE FEES OR THE INCREASE OF EXISTING FEES OR CHARGES FALLING MATURE AND A HEARING TO AFFECTED PROPERTY OWNERS, TO PROVIDE A REMEDY FOR AGGRIEVED PARTIES, AND TO PROVIDE THAT THE LIENS CREATED BY THESE FEES OR CHARGES ARE A SUPPLEMENT TO EXISTING REMEDIES AVAILABLE TO THE COUNTY TO COLLECT THE FEES OR CHARGES.

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

SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-200. (A) As used in this section:

(1) 'Governmental service fee or charge' means a fee or charge imposed by the governing body of a county for services rendered with respect to a governmental service.

(2) 'Governmental services' means a service or facility provided by a county for which a service fee or charge is imposed by the governing body of a county including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection, solid waste collection or disposal, or solid waste recycling.

(B) If the notice or notices required pursuant to subsection (C) have been given and any hearing requested has been held, all service fees or charges imposed by a county for governmental services and not paid when due and payable are a lien on the real property to which the governmental service relates while the governmental service fees or charges remain unpaid. In addition to other rights and remedies available to a county in law or in equity for the collection of the governmental service fees or charges, the lien may be enforced by a county in the same manner and fashion as the lien for property taxes on real property. The lien provided in this section is superior to all other liens except liens for unpaid property taxes.

The method provided in this section for the enforcement of the collection of past due governmental service fees or charges is not an exclusive method of enforcing this collection, and a county may enforce the collection of governmental service fees or charges in any other lawful manner.

(C) Before providing governmental services for which the prescribed governmental service fee or charge becomes a lien on the property affected, not less than ten days' written notice must be given to each affected property owner notifying the property owner of the nature and amount of the governmental service fee or charge and providing the property owner an opportunity, if desired and requested, to appear and be heard in person or by counsel before the persons designated by the county governing body. Following the hearing, if requested and held, action must be taken by the county and notice of its decision must be given to the property owner concerned not less than ten days before the effective date of the governmental service fee or charge. A property owner aggrieved by the action of the county, under the provisions of Chapter 7 of Title 18, may appeal to the court of common pleas for the county in which the property affected lies to have the court review the action taken by the county, at which time the court shall determine the validity and reasonableness of the governmental service fee or charge.

The county governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.

Governmental service fees or charges which do not become liens in the case of nonpayment can be imposed and subsequently increased upon any user in the county without the notice and hearing required of this section.

(D) The governing body of a county may request the county treasurer to include on each tax notice and provide for the collection thereof in the manner prescribed by law the amount of any fees or charges imposed by the county for governmental services.

(E) The powers granted in this section are intended to be supplementary to any powers now existing."

SECTION 2. This act takes effect upon approval by the Governor.