H*3231(Rat #0098, Act #0105 of 2017)  General Bill, By Tallon, Cole and 
Mitchell
 AN ACT TO PROVIDE THAT CONSISTENT WITH CERTAIN PROVISIONS OF SECTION 34,
 ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, CREATING A CIVIL
 SERVICE COMMISSION OF THE CITY OF SPARTANBURG FOR ITS POLICE AND FIRE
 DEPARTMENTS UNDER SUCH TERMS AND CONDITIONS AS THE GENERAL ASSEMBLY SHALL
 PROVIDE, THE GOVERNING BODY OF THE CITY OF SPARTANBURG BY ORDINANCE SHALL
 ESTABLISH THE TERMS, CONDITIONS, MEMBERSHIP, AND PROCEDURES OF THE CITY OF
 SPARTANBURG'S CIVIL SERVICE COMMISSION FOR THE BENEFIT OF THE POLICE AND FIRE
 DEPARTMENTS, AND TO REPEAL ACT 612 OF 1936 RELATING TO CIVIL SERVICE
 COMMISSIONS FOR MUNICIPALITIES OF A CERTAIN POPULATION THE SIZE OF THE CITY OF
 SPARTANBURG, AND ACT 345 OF 1965, ACT 991 OF 1966, AND ACT 618 OF 1992
 RELATING TO A CIVIL SERVICE COMMISSION OF THE CITY OF SPARTANBURG FOR THE
 POLICE AND FIRE DEPARTMENTS. - ratified title

   12/15/16  House  Prefiled
   12/15/16  House  Referred to Committee on Judiciary
   01/10/17  House  Introduced and read first time (House Journal-page 121)
   01/10/17  House  Referred to Committee on Judiciary
                     (House Journal-page 121)
   02/14/17  House  Member(s) request name added as sponsor: Cole
   02/15/17  House  Member(s) request name added as sponsor: Mitchell
   02/21/17  House  Recalled from Committee on Judiciary
                     (House Journal-page 44)
   02/21/17  House  Referred to Spartanburg Delegation
                     (House Journal-page 44)
   02/28/17  House  Committee report: Favorable Spartanburg
                     Delegation (House Journal-page 29)
   03/01/17  House  Read second time (House Journal-page 8)
   03/01/17  House  Roll call Yeas-91  Nays-0 (House Journal-page 9)
   03/02/17  House  Read third time and sent to Senate
                     (House Journal-page 14)
   03/02/17  Senate Introduced and read first time (Senate Journal-page 8)
   03/02/17  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 8)
   04/21/17  Senate Referred to Subcommittee: Hutto (ch), Shealy, Timmons
   05/03/17  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 13)
   05/09/17  Senate Read second time (Senate Journal-page 48)
   05/09/17  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 48)
   05/10/17  Senate Read third time and enrolled (Senate Journal-page 28)
   05/15/17         Ratified R 98
   05/19/17         Signed By Governor
   05/25/17         Effective date 5/19/17
   07/12/17         Act No. 105

H. 3231

(A105, R98, H3231)

AN ACT TO PROVIDE THAT CONSISTENT WITH CERTAIN PROVISIONS OF SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, CREATING A CIVIL SERVICE COMMISSION OF THE CITY OF SPARTANBURG FOR ITS POLICE AND FIRE DEPARTMENTS UNDER SUCH TERMS AND CONDITIONS AS THE GENERAL ASSEMBLY SHALL PROVIDE, THE GOVERNING BODY OF THE CITY OF SPARTANBURG BY ORDINANCE SHALL ESTABLISH THE TERMS, CONDITIONS, MEMBERSHIP, AND PROCEDURES OF THE CITY OF SPARTANBURG'S CIVIL SERVICE COMMISSION FOR THE BENEFIT OF THE POLICE AND FIRE DEPARTMENTS, AND TO REPEAL ACT 612 OF 1936 RELATING TO CIVIL SERVICE COMMISSIONS FOR MUNICIPALITIES OF A CERTAIN POPULATION THE SIZE OF THE CITY OF SPARTANBURG, AND ACT 345 OF 1965, ACT 991 OF 1966, AND ACT 618 OF 1992 RELATING TO A CIVIL SERVICE COMMISSION OF THE CITY OF SPARTANBURG FOR THE POLICE AND FIRE DEPARTMENTS.

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

Findings

SECTION    1.    (A)    The General Assembly finds that:

(1)    The penultimate paragraph of Section 34, Article III of the Constitution of this State provides as follows:

"Provided, there is hereby created a civil service commission in the City of Spartanburg for the benefit of the police department, including its chief, and fire department, including its chief, under such terms and conditions as prescribed by the General Assembly."

(2)    Act 612 of 1936, Act 345 of 1965, Act 991 of 1966, and Act 618 of 1992, providing for a civil service commission for police and fire departments of the City of Spartanburg based on this constitutional provision, were enacted a number of years ago and now may be problematic in their constitutionality and application in several particulars, one of which is that they conflict with the city-manager form of government authorized for municipalities in the home rule constitutional and statutory provisions.

(B)    For the above reasons and to comply with the provisions of the penultimate paragraph of Section 34, Article III, the General Assembly has determined to enact the provisions of this act and to repeal Act 612 of 1936, Act 345 of 1965, Act 991 of 1966, and Act 618 of 1992.

City of Spartanburg Civil Service Commission

SECTION    2.    Pursuant to the provisions of the penultimate paragraph of Section 34, Article III of the Constitution of this State, the terms, conditions, membership, and procedures of the civil service commission of the City of Spartanburg, for the benefit of the police and fire departments, shall be as provided by ordinance of the governing body of the City of Spartanburg. The governing body of the City of Spartanburg in the ordinance may, but is not required to, provide that provisions in Chapter 19, Title 5 of the 1976 Code, relating to the establishment and procedures of civil service commissions for municipalities of certain populations, also apply to the City of Spartanburg, regardless of its population.

Acts repealed

SECTION    3.    Act 612 of 1936, Act 345 of 1965, Act 991 of 1966, and Act 618 of 1992 are repealed.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2017.

Approved the 19th day of May, 2017.