Bill 3974

                    Current Status

Bill Number:               3974
Ratification Number:       509
Act Number                 408
Introducing Body:          House
Subject:                   Relating to the creation of the
                           Gowensville Fire District in Greenville and
                           Spartanburg counties

(A408, R509, H3974)

AN ACT TO AMEND AN ACT OF 1982 BEARING RATIFICATION NUMBER 332, RELATING TO THE CREATION OF THE GOWENSVILLE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO PROVIDE FOR THE STAGGERING OF THE TERMS OF THE COMMISSIONERS OF THE DISTRICT, FOR FILLING OF VACANCIES ON THE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE EASEMENTS OR OTHER PROPERTY RIGHTS NECESSARY FOR THE OPERATION OF THE DISTRICT, TO DELETE THE AUTHORITY OF THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS, TO DELETE THE AUTHORITY TO HOLD A SPECIAL ELECTION, TO AUTHORIZE THE ISSUING OF SUCH BONDS, TO DELETE THE AUTHORITY TO DISPOSE OF REVENUES DERIVED FROM THE OPERATION OF ANY REVENUE PRODUCING FACILITY, AND TO AUTHORIZE THE COMMISSION TO LEVY A UNIFORM TAX.

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

Gowensville Fire District Commission established

Section 1. Section 2 of an act of 1982 bearing ratification number 332 is amended to read:

"Section 2. The district shall be governed by a commission to be known as the Gowensville Fire District Commission. The commission shall consist of five resident electors of the district who shall be elected by the qualified electors of the district. The election shall be conducted by the Greenville and Spartanburg County Election Commissions upon a date set by the commissions. The commissions shall give notice by publication sixty days prior to the election and a second notice two weeks after the first notice, in one or more newspapers with general circulation in the district. The election commissions in both counties shall certify the five candidates receiving the highest vote as the elected commissioners of the district. Beginning with the election in 1982, the terms of the three commissioners who receive the highest number of votes shall expire December 31, 1985. and an election shall be held on the Tuesday following the first Monday in November, 1985 to elect their successors. The terms of the remaining two commissioners shall expire December 31, 1983, and an election shall be held on the Tuesday following the first Monday in November, 1983 to elect their successors. Beginning with the election in 1983, all terms shall be for four years and such terms shall commence on the first day of January in the year following the election. The election shall be held on the Tuesday following the first Monday of each of the odd years. Any vacancy occurring by reason of death, resignation, or otherwise, shall be filled by the Governor, upon recommendation by the members of the House of Representatives in Greenville County from Districts 17, 18, and in Spartanburg County, from District 38 for the remainder of the unexpired term. Upon any commissioner moving out of the area of the district, his position shall become vacant. During the period between the initial election of commissioners, and December 31, 1982, the Gowensville Fire District shall continue as provided by Greenville County Council Ordinance No. 644, adopted September 19, 1978.

Any resident qualified elector of the district may be a candidate for the position of commissioner by filing with the election commission of the county in which he resides at least thirty days prior to the election."

Power of commission

Section 2. Item 5 of Section 3 of an act of 1982 bearing ratification number 332 is amended to read:

"5. Acquire, purchase, hold, use, lease, mortgage, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest therein, and to acquire easements or other property rights necessary for the operation of its stated functions."

Further

Section 3. Subsection 21 of Section 3 of an act of 1982 bearing ratification number 332 is amended by adding after "tax," on line four "which tax shall be uniform throughout the district,". When amended the subsection shall read:

"21. The commission is vested with the power to raise funds for discharging the duties vested in it by levying a tax therefor. The commission shall notify the auditors and treasurers of Greenville and Spartanburg Counties of any desired tax, which tax shall be uniform throughout the district, and they shall assess and collect the tax as requested and the treasurers shall hold the funds and disburse them as directed by the commission. All such taxes shall constitute a lien upon the property against which the same are levied, on a parity with the lien of county taxes, and the provisions of law relating to penalties for the nonpayment or tardy payment of county taxes, and the provisions relating to sale of property for delinquent county taxes shall apply to taxes levied pursuant to this act."

Items deleted

Section 4. Items 18 and 19 of Section 3 and Section 4, all of an act of 1982 bearing ratification number 332, are deleted in their entirety.

Time effective

Section 5. This act shall take effect upon the approval by the Governor.