Current StatusView additional legislative information at the LPITS web site.Bill Number: 324 Ratification Number: 217 Act Number 153 Introducing Body: Senate Subject: Consolidated district commissions, members, disposition of properties and assets
(A153, R217, S324)
AN ACT TO AMEND SECTIONS 6-11-610 AND 6-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSOLIDATION OF SPECIAL PURPOSE DISTRICTS AND THE DISPOSITION OF ASSETS AND LIABILITIES UNDER SUCH CONSOLIDATIONS, SO AS TO FURTHER PROVIDE FOR THE ELECTION OR APPOINTMENT OF MEMBERS OF CONSOLIDATED DISTRICT COMMISSIONS, AND THE DISPOSITION OF ASSETS AND LIABILITIES OF THE CONSOLIDATED DISTRICTS INCLUDING THE DISCHARGE OF EXISTING INDEBTEDNESS.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
Section 1. The General Assembly finds that in Article 3, Chapter 11, Title 6 of the 1976 Code, the General Assembly provided a method by which county councils might enlarge, diminish or consolidate any existing special purpose districts located within the county. This article prescribes the method of creating a new governing commission for such special purpose districts and further prescribes that all districts modified pursuant to such article shall assume all properties and liabilities of each antecedent district.
It has come to the attention of the General Assembly that in instances where two or more existing special purpose districts seek to consolidate, their agreement as to the terms of office and method of selection of the commission of the consolidated district should control provided that such terms of office and method of selection of the members of the commission of any petitioning special purpose district and that likewise such petitioning special purpose districts should be permitted to prescribe the method of disposing of properties, assets and liabilities of each antecedent district.
Selection of members of the commission
Section 2. Section 6-11-610 of the 1976 Code is amended by adding at the end:
"In instances where two or more special purpose districts petition the county board for consolidation such petitions may prescribe that the members of the commission of the consolidated special purpose district shall be selected in the manner in which the members of the commission of any petitioning special purpose district have heretofore been selected and for terms of office commensurate with the terms of office of the members of the commission of any petitioning special purpose district; provided, that if the members of the commission of any of the petitioning special purpose districts have been elected by popular election, the members of the commission of the consolidated special purpose district shall be elected by such election for terms of office commensurate with the terms of office of the members of the commission of any of the petitioning special purpose districts."
Disposition of properties, assets, etc.
Section 3. Section 6-11-620 of the 1976 Code is amended by adding at the end:
"In the instances where two or more special purpose districts petition the county board for consolidation such petitions may prescribe the disposition of the properties, assets and liabilities of the antecedent districts and may prescribe that for the purpose of discharging any existing indebtedness such existing districts shall continue as viable political entities under the government of the commission of the consolidated district."
Time effective
Section 4. This act shall take effect upon approval by the Governor.