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Session 113 - (1999-2000)Printer Friendly
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S*0226 (Rat #0265, Act #0250 of 2000) General Bill, By McConnell
Summary: Political Subdivisions, Municipal Corporations, Annexation, corporate certificate, change of corporate limits of
A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE MARSHLAND LOCATED IN THE TIDAL FLOW OR AN INTERVENING PUBLICLY-OWNED WATERWAY, WHETHER OR NOT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION PROVIDED THE DISTANCE FROM HIGHLAND OF THE AREA BEING INCORPORATED IS NOT GREATER THAN THREE-FOURTHS OF A MILE; TO AMEND SECTION 5-1-40, RELATING TO THE PETITION FILED WITH THE SECRETARY OF STATE NECESSARY TO INITIATE THE INCORPORATION OF A MUNICIPALITY, SO AS TO CHANGE THE REQUIREMENTS OF WHO MUST SIGN THE PETITION; TO AMEND CHAPTER 3 OF TITLE 5, RELATING TO THE CHANGE OF CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO DELETE ALL METHODS OF ANNEXATION WHERE FREEHOLDERS VOTE IN A REFERENDUM, TO REQUIRE A PUBLIC HEARING AND NOTICE OF IT WHEN THE SEVENTY-FIVE PERCENT PETITION OF FREEHOLDERS METHOD OF ANNEXATION IS USED TO ANNEX AN AREA WHICH IS CONTIGUOUS TO A MUNICIPALITY; TO SUBSTITUTE QUALIFIED ELECTORS FOR FREEHOLDERS IN THE INITIATION OF A REFERENDUM IN WHICH QUALIFIED ELECTORS VOTE BY SIGNING A PETITION TO ANNEX A CONTIGUOUS AREA TO A MUNICIPALITY; AND TO DEFINE "CONTIGUOUS".-AMENDED TITLE
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Summary: Political Subdivisions, Municipal Corporations, Annexation, corporate certificate, change of corporate limits of
A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE MARSHLAND LOCATED IN THE TIDAL FLOW OR AN INTERVENING PUBLICLY-OWNED WATERWAY, WHETHER OR NOT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION PROVIDED THE DISTANCE FROM HIGHLAND OF THE AREA BEING INCORPORATED IS NOT GREATER THAN THREE-FOURTHS OF A MILE; TO AMEND SECTION 5-1-40, RELATING TO THE PETITION FILED WITH THE SECRETARY OF STATE NECESSARY TO INITIATE THE INCORPORATION OF A MUNICIPALITY, SO AS TO CHANGE THE REQUIREMENTS OF WHO MUST SIGN THE PETITION; TO AMEND CHAPTER 3 OF TITLE 5, RELATING TO THE CHANGE OF CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO DELETE ALL METHODS OF ANNEXATION WHERE FREEHOLDERS VOTE IN A REFERENDUM, TO REQUIRE A PUBLIC HEARING AND NOTICE OF IT WHEN THE SEVENTY-FIVE PERCENT PETITION OF FREEHOLDERS METHOD OF ANNEXATION IS USED TO ANNEX AN AREA WHICH IS CONTIGUOUS TO A MUNICIPALITY; TO SUBSTITUTE QUALIFIED ELECTORS FOR FREEHOLDERS IN THE INITIATION OF A REFERENDUM IN WHICH QUALIFIED ELECTORS VOTE BY SIGNING A PETITION TO ANNEX A CONTIGUOUS AREA TO A MUNICIPALITY; AND TO DEFINE "CONTIGUOUS".-AMENDED TITLE
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| 12/16/98 | Senate | Prefiled |
| 12/16/98 | Senate | Referred to Committee on Judiciary |
| 01/12/99 | Senate | Introduced and read first time SJ-86 |
| 01/12/99 | Senate | Referred to Committee on Judiciary SJ-86 |
| 01/20/99 | Senate | Committee report: Favorable Judiciary SJ-14 |
| 01/20/99 | Senate | Retaining place on calendar recommitted to Committee on Judiciary SJ-14 |
| 02/24/99 | Senate | Committee report: Favorable with amendment Judiciary SJ-9 |
| 04/27/99 | Senate | Read second time SJ-44 |
| 04/27/99 | Senate | Ordered to third reading with notice of amendments SJ-44 |
| 04/29/99 | Senate | Amended SJ-33 |
| 04/29/99 | Senate | Read third time and sent to House SJ-33 |
| 05/04/99 | House | Introduced and read first time HJ-6 |
| 05/04/99 | House | Referred to Committee on Judiciary HJ-7 |
| 05/27/99 | House | Committee report: Favorable with amendment Judiciary HJ-3 |
| 06/02/99 | House | Amended HJ-38 |
| 06/02/99 | House | Debate adjourned HJ-39 |
| 06/02/99 | House | Debate adjourned until Thursday, June 3, 1999 HJ-73 |
| 06/03/99 | House | Debate adjourned HJ-25 |
| 06/03/99 | House | Debate adjourned until Tuesday, June 8, 1999 HJ-81 |
| 06/30/99 | House | Debate adjourned HJ-8 |
| 01/12/00 | House | Debate adjourned until Wednesday, January 26, 2000 HJ-23 |
| 01/26/00 | House | Debate adjourned until Tuesday, February 1, 2000 HJ-12 |
| 02/01/00 | House | Debate adjourned until Tuesday, February 8, 2000 HJ-18 |
| 02/08/00 | House | Debate adjourned until Wednesday, February 9, 2000 HJ-18 |
| 02/09/00 | House | Requests for debate-Rep(s). Knotts, Fleming, Trotter, Cooper, Altman, Davenport and Bales HJ-18 |
| 02/09/00 | House | Amended HJ-23 |
| 02/09/00 | House | Debate adjourned until Wednesday, February 16, 2000 HJ-23 |
| 02/22/00 | House | Debate adjourned until Tuesday, February 29, 2000 HJ-28 |
| 03/01/00 | House | Debate adjourned until Thursday, March 2, 2000 HJ-62 |
| 03/08/00 | House | Debate adjourned until Thursday, March 9, 2000 HJ-54 |
| 03/09/00 | House | Amended HJ-24 |
| 03/09/00 | House | Read second time HJ-30 |
| 03/09/00 | House | Roll call Yeas-98 Nays-4 HJ-30 |
| 03/13/00 | House | Read third time and returned to Senate with amendments HJ-14 |
| 03/21/00 | Senate | Non-concurrence in House amendment SJ-18 |
| 03/22/00 | House | House insists upon amendment and conference committee appointed Reps. Campsen, J. Smith and Easterday HJ-9 |
| 03/22/00 | Senate | Conference committee appointed Sens. McConnell, Bryan, Ford SJ-17 |
| 04/12/00 | Senate | Conference report received and adopted SJ-9 |
| 04/13/00 | House | Conference report received and ordered printed in journal HJ-18 |
| 04/18/00 | House | Conference report adopted HJ-15 |
| 04/19/00 | Senate | Ordered enrolled for ratification SJ-17 |
| 04/26/00 | Ratified R 265 | |
| 05/01/00 | Signed By Governor | |
| 05/01/00 | Effective date 05/01/00 | |
| 06/05/00 | Copies available | |
| 06/05/00 | Act No. 250 |