H 4601 Session 110 (1993-1994)
H 4601 General Bill, By C.Y. Waites, J.L.M. Cromer, T.F. Rogers and
J.S. Shissias
A Bill to amend Section 4-8-30, Code of Laws of South Carolina, 1976, relating
to the creation of a Consolidated Government Charter Commission, so as to
provide that a member is deemed to have vacated his seat on the Commission
when he does not attend three consecutive meetings and provide for the
appointment of a successor; to amend Section 4-8-40, relating to powers of the
Commission, so as to delete references to county governments and subdivisions,
delete provisions regarding exclusion of special purpose districts, and delete
provisions regarding consolidation of municipalities whose boundaries
encompass more than one county; to amend Section 4-8-70, relating to the
requirement that the Charter Commission hold meetings to determine the
sentiment of the citizens of the county, so as to delete a reference to
requiring the proposed charter be sent to municipalities within the county; to
amend Section 4-8-80, relating to submission of the question of consolidation
to the qualified electors of the county, so as to require the qualified
electors of the county be asked to approve all or part of the general
obligation debt to be assumed by the consolidated political subdivision at the
same time as the election required by this Section; to amend Section 4-8-90,
relating to the presentation and adoption of the charter, so as to delete a
provision which provides that the charter is void in a municipality or special
purpose district if it is not adopted by a majority of the qualified electors
of that municipality or special purpose district; to amend Section 4-8-110,
relating to when the government for the consolidated political subdivision
becomes effective, so as to delete references to being effective within the
county; to amend Section 4-8-120 relating to the inclusion of a municipality
or special purpose district not initially included in the consolidated
political subdivision, so as to clarify that a municipality or special purpose
district may not become part of the consolidated political subdivision until a
majority of the qualified electors in that political subdivision approve the
consolidation; to amend Section 4-8-140, relating to the rights, obligations,
and duties of the consolidated political subdivision acquires and succeeds to
after it is established, so as to delete a provision which provides t
01/25/94 House Introduced and read first time HJ-14
01/25/94 House Referred to Committee on Judiciary HJ-15
A BILL
TO AMEND SECTION 4-8-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE CREATION OF A
CONSOLIDATED GOVERNMENT CHARTER COMMISSION, SO
AS TO PROVIDE THAT A MEMBER IS DEEMED TO HAVE
VACATED HIS SEAT ON THE COMMISSION WHEN HE DOES
NOT ATTEND THREE CONSECUTIVE MEETINGS AND PROVIDE
FOR THE APPOINTMENT OF A SUCCESSOR; TO AMEND
SECTION 4-8-40, RELATING TO POWERS OF THE COMMISSION,
SO AS TO DELETE REFERENCES TO COUNTY GOVERNMENTS
AND SUBDIVISIONS, DELETE PROVISIONS REGARDING
EXCLUSION OF SPECIAL PURPOSE DISTRICTS, AND DELETE
PROVISIONS REGARDING CONSOLIDATION OF
MUNICIPALITIES WHOSE BOUNDARIES ENCOMPASS MORE
THAN ONE COUNTY; TO AMEND SECTION 4-8-70, RELATING
TO THE REQUIREMENT THAT THE CHARTER COMMISSION
HOLD MEETINGS TO DETERMINE THE SENTIMENT OF THE
CITIZENS OF THE COUNTY, SO AS TO DELETE A REFERENCE
TO REQUIRING THE PROPOSED CHARTER BE SENT TO
MUNICIPALITIES WITHIN THE COUNTY; TO AMEND SECTION
4-8-80, RELATING TO THE SUBMISSION OF THE QUESTION OF
CONSOLIDATION TO THE QUALIFIED ELECTORS OF THE
COUNTY, SO AS TO REQUIRE THE QUALIFIED ELECTORS OF
THE COUNTY BE ASKED TO APPROVE ALL OR PART OF THE
GENERAL OBLIGATION DEBT TO BE ASSUMED BY THE
CONSOLIDATED POLITICAL SUBDIVISION AT THE SAME TIME
AS THE ELECTION REQUIRED BY THIS SECTION; TO AMEND
SECTION 4-8-90, RELATING TO THE PRESENTATION AND
ADOPTION OF THE CHARTER, SO AS TO DELETE A PROVISION
WHICH PROVIDES THAT THE CHARTER IS VOID IN A
MUNICIPALITY OR SPECIAL PURPOSE DISTRICT IF IT IS NOT
ADOPTED BY A MAJORITY OF THE QUALIFIED ELECTORS OF
THAT MUNICIPALITY OR SPECIAL PURPOSE DISTRICT; TO
AMEND SECTION 4-8-110, RELATING TO WHEN THE
GOVERNMENT FOR THE CONSOLIDATED POLITICAL
SUBDIVISION BECOMES EFFECTIVE, SO AS TO DELETE
REFERENCES TO BEING EFFECTIVE WITHIN THE COUNTY; TO
AMEND SECTION 4-8-120, RELATING TO THE INCLUSION OF A
MUNICIPALITY OR SPECIAL PURPOSE DISTRICT NOT
INITIALLY INCLUDED IN THE CONSOLIDATED POLITICAL
SUBDIVISION, SO AS TO CLARIFY THAT A MUNICIPALITY OR
SPECIAL PURPOSE DISTRICT MAY NOT BECOME PART OF THE
CONSOLIDATED POLITICAL SUBDIVISION UNTIL A MAJORITY
OF THE QUALIFIED ELECTORS IN THAT POLITICAL
SUBDIVISION APPROVE THE CONSOLIDATION; TO AMEND
SECTION 4-8-140, RELATING TO THE RIGHTS, OBLIGATIONS,
AND DUTIES THE CONSOLIDATED POLITICAL SUBDIVISION
ACQUIRES AND SUCCEEDS TO AFTER IT IS ESTABLISHED, SO
AS TO DELETE A PROVISION WHICH PROVIDES THAT THE
MUNICIPALITY OR SPECIAL PURPOSE DISTRICT IS NOT
AFFECTED IF A MAJORITY OF THE QUALIFIED ELECTORS OF
THAT MUNICIPALITY OR SPECIAL PURPOSE DISTRICT DO
NOT APPROVE THE QUESTION OF CONSOLIDATION; TO
REPEAL SECTION 4-8-95, RELATING TO THE EXCLUSION OF A
MUNICIPALITY OR SPECIAL PURPOSE DISTRICT FROM
CONSOLIDATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-8-30(C) of the 1976 Code, as added by Act 319
of 1992, is amended to read:
"(C) After organization and election of a permanent chairman,
the commission shall elect a secretary, who need not be a member, and
such other officers as it considers necessary. The commission shall
adopt rules to govern the conduct of its business as it considers
necessary. A majority of members of the commission constitutes a
quorum for the transaction of business, but no recommendation of the
commission may be included in the proposed charter unless adopted by
a two-thirds vote of all of the members of the commission. Any
member not attending three consecutive meetings of the commission is
deemed to have vacated his seat and a successor must be appointed in
the manner of the original appointment."
SECTION 2. (A) That portion of Section 4-8-40 of the 1976 Code
which precedes item (1), is amended to read:
"The commission is authorized to study all matters relating to
the establishment of a single countywide government within
the county to be known as a consolidated political subdivision
which has powers and jurisdiction throughout the territorial limits of the
county consolidated political subdivision and which
shall supersede and replace the existing participating governments of the
county, and of all participating municipalities and all
other participating political subdivisions in the county not
continued by the charter. For those purposes the commission is
authorized to draft a proposed consolidated government charter which
may include any provisions necessary to effectuate the purposes of this
chapter. To that end and without limiting the generality of the
foregoing, the commission is authorized to draft a proposed charter
which may provide any one or more of the following:"
(B) Section 4-8-40(1) and (3) of the 1976 Code, as added by Act 319
of 1992, are amended to read:
"(1) For the abolishment of specified existing governments
within the county and for the creation of a new single
government having all the powers formerly exercised by the county,
special and public service districts, and the municipalities within the
county and having such other powers as may be necessary or
desirable, including those rights, powers, duties, and liabilities as are
now or may be vested in counties or municipalities, or both, by the
Constitution or by other provisions of law. However, in those
counties where a special purpose district elects to exclude itself from
consolidation pursuant to Section 4-8-95, the remaining special purpose
districts shall continue to operate as if no consolidation had taken place
for the purpose of its special purpose only. The form and composition
of the new consolidated political subdivision is as authorized for
counties pursuant to the provisions of Chapter 9 of Title 4. However, in
those counties in which there is located a municipality whose boundaries
encompass more than one county, the governing body of that
municipality shall make a recommendation to the charter commission as
to how that municipality shall comply with the provisions of this section.
The commission shall include the recommendations of that municipality
in the charter submitted to the qualified electors of the county pursuant
to the provisions of Section 4-8-80. No changes in the recommendation
by the municipality may be made by the charter commission.
(3) For the abolishment of any public authorities, public service and
special purpose districts, boards, and commissions created under acts of
the General Assembly relating specifically to the county, public service
or special purpose districts, or municipalities concerned and for the
transfer of all powers, duties, and obligations of the authorities and
special purpose districts to the consolidated political subdivision in the
manner provided in the charter. However, the charter may also provide
that specified public service districts and special purpose districts may
continue to perform the functions assigned to them by law under the
supervision of district governing bodies existing prior to the
consolidation. except that, for those special purpose districts
which elect to be excluded from consolidation pursuant to Section
4-8-95, the charter must provide that the special purpose district electing
to be excluded may, as permitted under this chapter, continue to perform
the functions assigned to them by law as existing before the
consolidation."
SECTION 3. Section 4-8-70(B) of the 1976 Code is amended to read:
"(B) Immediately upon the completion of its work and the
framing of a proposed charter for the creation of a consolidated political
subdivision within the county, the proposed charter must be filed by the
commission with the clerk of the governing body of the county and with
the clerk of the governing body of each of the municipalities within
the county and must be certified by the chairman of the commission.
The copies are public records and available for inspection or
examination by any interested person."
SECTION 4. Section 4-8-80 of the 1976 Code, as added by Act 319
of 1992, is amended to read:
"Section 4-8-80. (A) Not more than thirty days
after the receipt of the certified copy of the proposed charter, the
governing body of the county shall call for an election for the purpose
of submitting the question of consolidation and the proposed charter to
all of the qualified voters of the county including those residing in
municipalities continued by the charter proposed consolidated
political subdivision for approval or rejection. The county
governing body shall set the date of the election for a day not less than
sixty nor more than ninety days after the issuance of the call. The
county shall publish the date and purpose of the election once a week for
three weeks immediately preceding the date of the election in a
newspaper of general circulation in the county. The ballot must have
written or printed on it the following:
`Must a consolidated political subdivision be formed and the proposed
charter framed for it to be adopted in County?
In favor of consolidation
Opposed to consolidation
Persons desiring to vote in favor of consolidation, the proposed
charter, and for the creation of a consolidated political subdivision shall
vote for approval and those persons desiring to vote for rejection of
consolidation and the proposed charter shall vote against approval.'
(B) At the election called pursuant to the provisions of this
section, the qualified voters of the county must be asked to approve all
or a portion of the general obligation debt to be assumed by the
consolidated political subdivision. If the assumption of all or a portion
of the general obligation debt is approved by a majority vote of the
qualified voters, the general obligation debt is excluded from the
constitutional debt limit imposed by Article X, Section 14(7) of the
Constitution of South Carolina, 1895."
SECTION 5. Section 4-8-90 of the 1976 Code, as added by Act 319
of 1992, is amended to read:
"Section 4-8-90. (A) The charter study commission must
select one of the following methods of presenting the question of
consolidation and the adoption of the charter:
(1) The charter for the creation of a consolidated political
subdivision is effective upon the approval of a majority of the qualified
electors of the county voting on the question as provided in
Section 4-8-80.; or
(2) If the charter for the creation of a consolidated political
subdivision is approved by the qualified electors of the county as
required by item (1) of this section but not approved by a majority of the
qualified electors voting on the question in a municipality or special
purpose district, the charter is void and of no force and effect only in
that municipality or special purpose district.
(B) If the charter and consolidation do not become effective for
any of the reasons enumerated in subsection (A) are not
approved by a majority of the qualified electors as provided in
subsection (A), another charter commission may not be created in
the county for at least four years from the date of the unsuccessful
election.
(C) The expense of the election must be borne by the county and be
conducted in accordance with procedures governing county elections
under the general law."
SECTION 6. Section 4-8-110 of the 1976 Code, as added by Act 319
of 1992, is amended to read:
"Section 4-8-110. The government for the consolidated
political subdivision becomes effective within the county
concerned when the governing body of the consolidated political
subdivision has been elected and the members of the consolidated
political subdivision qualified in accordance with the provisions of the
charter and the governing body shall take all actions necessary to
implement the provisions of the charter."
SECTION 7. Section 4-8-120 of the 1976 Code, as added by Act 319
of 1992, is amended to read:
"Section 4-8-120. (A) Any municipality initially not included
in the consolidated political subdivision created under the provisions of
this chapter, may at any future time, surrender its certificate of
incorporation and become part of the consolidated political subdivision
under the terms and conditions and in accordance with the procedures
prescribed in the charter. However, no municipality shall
if the municipality is not included initially in the consolidated
political subdivision, it may not become part of the consolidated
political subdivision until consolidation of that municipality is approved
by a favorable vote of a majority of the electors of the particular
municipality concerned and a majority of the governing body of the
consolidated political subdivision.
(B) Any special purpose district initially not included in the
consolidated political subdivision created under the provisions of this
chapter may, at any future time, become part of the consolidated
political subdivision under such terms and conditions and in accordance
with the procedures prescribed in the charter. However, if the
special purpose district is not included initially in the consolidated
political subdivision No no special purpose district
may become part of the consolidated political subdivision until
consolidation of that special purpose district is approved by a favorable
vote of a majority of the electors of the consolidated political
subdivision voting in a referendum and a majority of the qualified
electors voting in a referendum in the particular special purpose district
concerned.
(C) The referendum is a special election called only for the purpose
of determining whether or not the municipality or special purpose
district shall become becomes a part of the consolidated
political subdivision."
SECTION 8. Section 4-8-140 of the 1976 Code, as added by Act 319
of 1992, is amended to read:
"Section 4-8-140. Any consolidated government established
under this chapter acquires and succeeds to all rights, obligations, duties,
and privileges of the county and in the municipalities and other political
subdivisions consolidated. Without the necessity or formality of deed,
bill of sale, or other instrument of transfer, the consolidated government
becomes the owner of all property, assets, contracts, and franchises
previously belonging to the county and consolidated municipalities and
other political subdivisions and special purpose districts in the
consolidated political subdivision except school districts. However,
if a majority of the qualified electors voting on the question of
consolidation in a municipality or special purpose district do not approve
the charter as provided under Section 4-8-90(B), this section does not
apply to the municipality or special purpose district."
SECTION 9. Section 4-8-95 of the 1976 Code is repealed.
SECTION 10. This act takes effect upon approval by the Governor.
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