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S. 1105
STATUS INFORMATION
Joint Resolution
Sponsors: Senator McConnell
Document Path: l:\s-jud\bills\mcconnell\jud0051.pgb.doc
Introduced in the Senate on February 14, 2008
Currently residing in the Senate Committee on Judiciary
Summary: Special laws
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/14/2008 Senate Introduced and read first time SJ-28
2/14/2008 Senate Referred to Committee on Judiciary SJ-28
2/22/2008 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen,
Williams, Massey
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III AND SECTION 7, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST SPECIAL LAWS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ENACT SPECIAL LAWS IF THOSE LAWS ARE NECESSARY TO IMPLEMENT TRADITIONAL STATE FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, OR CONCERN CERTAIN ACTIONS REGARDING ENTITIES CREATED BY LEGISLATIVE ENACTMENTS PASSED PRIOR TO MARCH 7, 1973, AND PROVIDE FOR A CHANGE IN THE BOUNDARIES OR SERVICE AREA OF THE ENTITY, CHANGE IN THE MEMBERSHIP OR COMPOSITION OF THE BOARD GOVERNING THE ENTITY, DISSOLUTION OF THE ENTITY, OR DEVOLUTION OF ALL POWERS, DUTIES, AND RESPONSIBILITIES THAT AFFECT THE ENTITY UPON THE LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1A. It is proposed that Section 34, Article III of the Constitution of this State be amended to read:
"Section 34. The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:
I. To change the names of persons or places.
II. To incorporate cities, towns or villages, or change, amend or extend charter thereof.
III. To incorporate educational, religious, charitable, social, manufacturing or banking institutions not under the control of the State, or amend or extend the charters thereof.
IV. To incorporate school districts.
V. To authorize the adoption or legitimation of children.
VI. To provide for the protection of game.
VII. To summon and empanel grand or petit jurors; provided, that tales boxes may be eliminated by special act in York County.
VIII. Eliminated.
IX. In all other cases, where a general law can be made applicable, no special law shall be enacted: Provided, That the General Assembly may enact local or special laws fixing the amount and manner of compensation to be paid to the County Officers of the several counties of the State, and may provide that the fees collected by any such officer, or officers, shall be paid into the treasury of the respective counties.
X. The General Assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uniform in their operations: Provided, That nothing contained in this section shall prohibit the General Assembly from enacting special provisions in general laws. Provided further that, special laws may be enacted if those laws: (1) are necessary to implement traditional state functions as determined by the General Assembly, or (2) concern entities created by legislative enactments passed prior to March 7, 1973, and provide for a change in the boundaries or service area of the entity, change in the membership or composition of the board governing the entity, dissolution of the entity, or devolution of all powers, duties, and responsibilities that affect the entity upon the local governing body of a county or municipality.
XI. The provisions of this Section shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, special incorporation may be required.
Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones.
Provided, further, that the General Assembly is empowered to divide the State into as many districts as may appear practicable, and to enact legislation as may appear proper for the protection of forestry in the several districts.
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.
Provided, that the City of Gaffney may establish a civil service commission for the benefit of such municipal employees as may be designated by the Gaffney City Council, under such terms and conditions as prescribed by the General Assembly."
B. It is proposed that Section 7, Article VIII of the Constitution of this State be amended to read:
"Section 7. The General Assembly shall provide by general law for the structure, organization, powers, duties, functions, and the responsibilities of counties, including the power to tax different areas at different rates of taxation related to the nature and level of governmental services provided. Alternate forms of government, not to exceed five, shall be established. No laws for a specific county shall be enacted and no county shall be exempted from the general laws or laws applicable to the selected alternative form of government. Except as provided in Article III, Section 34, no laws for a specific county shall be enacted."
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 34, Article III and Section 7, Article VIII of the Constitution of this State be amended so as to provide that the General Assembly may enact special laws if those laws: (1) are necessary to implement traditional state functions as determined by the General Assembly, or (2) concern entities created by legislative enactments passed prior to March 7, 1973, and provide for a change in the boundaries or service area of the entity, change in the membership or composition of the board governing the entity, dissolution of the entity, or devolution of all powers, duties, and responsibilities that affect the entity upon the local governing body of a county or municipality?"
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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