H*4049(Rat #0375, Act #0342 of 1990)  General Bill, By Hayes, S.R. Foster, 
Kirsh and J.H. Nesbitt
 A Bill to amend Section 5-5-40, Code of Laws of South Carolina, 1976, relating
 to the preparation of the ballot in any election to determine a change of the
 form of government of a municipality, so as to revise the question on the
 ballot and the manner in which the ballot is executed, and to authorize the
 restoration of the charter of the Sertoma Club of North Augusta.-amended title

   05/16/89  House  Introduced and read first time HJ-10
   05/16/89  House  Referred to Committee on Judiciary HJ-11
   01/10/90  House  Committee report: Favorable with amendment
                     Judiciary HJ-16
   01/23/90  House  Amended HJ-30
   01/23/90  House  Read second time HJ-30
   01/24/90  House  Read third time and sent to Senate HJ-32
   01/25/90  Senate Introduced and read first time SJ-11
   01/25/90  Senate Referred to Committee on Judiciary SJ-11
   02/21/90  Senate Recalled from Committee on Judiciary SJ-10
   02/21/90  Senate Amended SJ-16
   02/21/90  Senate Read second time SJ-17
   02/21/90  Senate Unanimous consent for third reading on next
                     legislative day SJ-17
   02/22/90  Senate Read third time and returned to House with
                     amendments SJ-16
   02/22/90  House  Concurred in Senate amendment and enrolled HJ-2
   02/22/90         Ratified R 375
   02/23/90         Signed By Governor
   02/23/90         Effective date 02/23/90
   02/23/90         Act No. 342
   03/05/90         Copies available

AN ACT TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE QUESTION ON THE BALLOT AND THE MANNER IN WHICH THE BALLOT IS EXECUTED, AND TO AUTHORIZE THE RESTORATION OF THE CHARTER OF THE SERTOMA CLUB OF NORTH AUGUSTA.

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

Ballot question and manner of execution revised

SECTION 1. Section 5-5-40 of the 1976 Code is amended to read:

"Section 5-5-40. In any election to determine a change of a form of government of a municipality, the question must be framed by the governing body and printed on the prepared ballot in the following form: 'Shall the municipality of (name of municipality) change its form of government from (form selected by council or by prior election) to (form or forms requested by petition or by ordinance)?

Those 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".'

To effect a change in the form of government a proposed form must receive a majority of the votes cast by the qualified electors of the municipality in the election."

Charter restored

SECTION 2. Authority is granted to the Secretary of State to restore the charter of Sertoma Club of North Augusta, South Carolina in Aiken County upon payment to the South Carolina Tax Commission of taxes, penalties, and interest found to be due. The Secretary of State shall note the reinstatement upon the record of the original charter.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 23rd day of February, 1990.