BIL:1154

RTN:244

ACN:212

TYP:General Bill GB

INB:Senate

IND:20020326

PSP:Patterson

SPO:Patterson, Courson, Giese and Jackson

DDN:l:\council\bills\gjk\21206sd02.doc

DPB:20020404

GOV:S

DGA:20020422

SUB:Public transit system, municipality and public utility may mutually agree to transfer the obligation of providing public transportation

HST:

BodyDateAction DescriptionComLeg Involved

______

------20020514Act No. A212

------20020422Signed by Governor

------20020416Ratified R244

House20020404Read third time, enrolled for

ratification

House20020403Read second time

House20020402Introduced, read first time,

placed on Calendar without reference

Senate20020328Read third time, sent to House

Senate20020327Read second time

------20020327Scrivener's error corrected

Senate20020326Unanimous consent for second

and third reading on the next two

consecutive Legislative days

Senate20020326Introduced, read first time,

placed on Calendar without reference

Versions of This Bill

Revised on 20020326

Revised on 20020327

Revised on 20020402

TXT:

(A212, R244, S1154)

AN ACT TO AMEND SECTION 5827120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.

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

Transfer of duty to operate public transit system

SECTION1.Section 5827120 of the 1976 Code is amended to read:

“Section 5827120. Nothing contained in this chapter, including any duty imposed, any right, power, or privilege granted, the exercise, receipt, or acceptance of any such right, privilege, or permit under the authority of this chapter nor any act done under the authority of this chapter shall be construed or given effect to abrogate, modify, or affect the duties and obligations of electrical or other public utilities as declared by the Supreme Court of South Carolina in the case of State ex rel. Daniel, Attorney General v Broad River Power Company, et al, 157 SC 1, 153 SE 537. However, if both a municipality and electrical or other public utility mutually agree, the electrical or other public utility may grant, transfer, abrogate, modify, sell, or impose upon the municipality the duty or obligation to provide a public transit system to the municipality. The terms of such a grant, transfer, abrogation, modification, sale, or imposition of the duty or obligation to provide a public transit system from an electrical or other public utility to a municipality shall take effect only upon the transfer of the public transit system from the public utility to the municipality or another governmental entity.”

Time effective

SECTION2.This act takes effect upon approval by the Governor.

Ratified the 16th day of April, 2002.

Approved the 22nd day of April, 2002.

______

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