S*0223(Rat #0011, Act #0022 of 2005)  General Bill, By Alexander
 AN ACT TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO
 AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF
 COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1,
 2005. - ratified title

   01/12/05  Senate Introduced and read first time SJ-20
   01/12/05  Senate Referred to Committee on Judiciary SJ-20
   01/26/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-24
   01/27/05         Scrivener's error corrected
   02/01/05  Senate Amended SJ-17
   02/02/05  Senate Read second time SJ-30
   02/03/05  Senate Read third time and sent to House SJ-11
   02/08/05  House  Introduced, read first time, placed on calendar
                     without reference HJ-4
   02/09/05  House  Debate adjourned until Tuesday, February 15, 2005 HJ-20
   02/15/05  House  Read second time HJ-19
   02/16/05  House  Debate adjourned until Tuesday, February 22, 2005 HJ-20
   02/22/05  House  Read third time and enrolled HJ-11
   03/17/05         Ratified R 11
   03/22/05         Signed By Governor
   03/28/05         Copies available
   03/28/05         Effective date 03/22/05
   04/13/05         Act No. 22

(A22, R11, S223)

AN ACT TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.

Whereas, in an advisory referendum on the November 2004 ballot, by a vote of five hundred eighty-two in favor and two hundred forty-nine opposed, the electors of Westminster supported abolishing the Westminster Commission of Public Works; and

Whereas, other existing statutory methods for abolishing a Commission of Public Works are inapplicable in this situation; and

Whereas, the state Constitution, case law, and opinions of the Attorney General provide that general statewide legislation is required to abolish an entity such as the Commission of Public Works; and

Whereas, this bill seeks to implement the will of the people as expressed in the advisory referendum and conform to state law requirements. Now, therefore,

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

Powers, duties of commission devolved upon the City of Westminster

SECTION    1.    Section 5-31-230 of the 1976 Code is amended to read:

"Section 5-31-230.    The following cities and towns shall have no board of commissioners of public works: Abbeville, Allendale, Barnwell, Beaufort, Belton, Bennettsville, Blackville, Bluffton, Bowman, Branchville, Camden, Central, Chapin, Cheraw, Cherry Grove Beach, Chesnee, Chester, Clemson, Clinton, Clio, Clover, Conway, Cowpens, Crescent Beach, Denmark, Dillon, Donalds, Due West, Duncan, Edgefield, Elgin, Estill, Fairfax, Forest Acres, Fort Mill, Fountain Inn, Georgetown, Goose Creek, Govan, Great Falls, Hampton, Hardeeville, Heath Springs, Hemingway, Hilda, Honea Path, Irmo, Iva, Jamestown, Johnston, Kingstree, Lake City, Lamar, Lancaster, Landrum, Lane, Latta, Lexington, Liberty, Little Mountain, Lodge, Loris, Lyman, Marion, McCall, Moneta, Mullins, Myrtle Beach, Newberry, North Augusta, Norway, Ocean Drive Beach, Orangeburg, Pelion, Pelzer, Pickens, Prosperity, Quinby, Ridgeland, Ridge Spring, Ridgeville, Rock Hill, St. George, St. Stephen, Salem, Salley, Scranton, Sharon, Simpsonville, Smoaks, Society Hill, Springfield, Sumter, Swansea, Timmonsville, Trenton, Union, Varnville, Walhalla, Walterboro, Ware Shoals, West Columbia, West Greenville, West Union, Westminster, Williams, Windy Hill Beach, Winnsboro, and York. In these cities and towns, the duties, powers, and responsibilities vested in a board of commissioners of public works must be vested in the respective city or town council, except that (a) in the cities of Marion and Newberry and in the town of Landrum, they must be vested in the mayor and aldermen; (b) in the cities and towns of Beaufort, Bennettsville, Blackville, Branchville, Chesnee, Clio, Clover, Dillon, Due West, Hampton, Johnston, Kingstree, Lancaster, Myrtle Beach, North Augusta, Prosperity, Rock Hill, Salley, Union, Walhalla, West Columbia, West Union, and York, they must be vested in the mayor and city or town council or in the intendant and wardens, as applicable; (c) in the town of Winnsboro, they must be vested in the mayor and commissioners; (d) in the city of Forest Acres, they are devolved upon a director of public works until June 30, 1975, and thereafter are devolved upon the city council; and (e) in the city of Westminster, they are devolved upon the city council on July 1, 2005."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 17th day of March, 2005.

Approved the 22nd day of March, 2005.