S 247 Session 109 (1991-1992)
S 0247 General Bill, By I.E. Lourie
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 8
to Title 4 so as to provide procedures for the consolidation of political
subdivisions; and to add Section 4-9-41 so as to provide for the Joint
Administration of functions of political subdivisions.
10/15/90 Senate Prefiled
10/15/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-90
01/08/91 Senate Referred to Committee on Judiciary SJ-90
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE
PROCEDURES FOR THE CONSOLIDATION OF POLITICAL
SUBDIVISIONS; AND TO ADD SECTION 4-9-41 SO AS TO
PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS
OF POLITICAL SUBDIVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is the legislative intent and purpose of this chapter to
provide a means for the consolidation of the governmental and corporate
functions now vested in municipal corporations and other political
subdivisions and with the governmental and corporate functions now
vested in the counties in which such municipal corporations and other
political subdivisions are located, and to provide a method for the
creation of consolidated governments which may be used to fulfill the
unique needs and demands in various county areas. This chapter is
provided as enabling legislation to be liberally construed as a utilization
of the constitutional power granted by Section 12 of Article VIII of the
Constitution of South Carolina, 1895.
SECTION 2. The 1976 Code is amended by adding:
"Section 4-9-41. (A) Any county, incorporated
municipality, or other political subdivision may provide for the joint
administration of any function and exercise of powers as authorized by
Section 13 of Article VIII of the South Carolina Constitution.
(B) The provisions of this section may not be construed in any
manner to result in diminution or alteration of the political integrity of
any of the participant subdivisions which agree to and become a part of
the functional consolidation, nor may any constitutional office be
abolished by it."
SECTION 3. Title 4 of the 1976 Code is amended by adding:
"CHAPTER 8
Consolidation of Political Subdivisions
Section 4-8-10. As used in this chapter, 'special purpose district'
means any district created by an act of the General Assembly or pursuant
to general law and which provides any local governmental service or
function including, but not limited to, fire protection, sewerage
treatment, water distribution, and recreation. 'Special purpose district'
also means any rural community water district authorized or created
under the provisions of Chapter 13 of Title 6. Special purpose district
does not include any state agency, department, or commission.
Section 4-8-20. (A) The governing body of any county is
authorized to create a consolidated government charter commission
subject to the provisions of subsection (B) of this section. The
commission shall consist of twelve members, all of whom must be
residents of the county. The governing body of the county shall appoint
six members of the commission, at least four of whom must reside
outside the corporate limits of the largest municipality in the county,
with no more than three county appointees being elected officials.
However, if a special purpose district or a portion of one is located in the
county which serves at least one thousand customers in that county, the
governing body of the special purpose district may appoint one of the six
county members of the commission. If more than one special purpose
district is located in the county, and they collectively serve more than
one thousand customers in that county, the appointment of one of the
county members to the commission must be made collectively by all of
the members of the governing bodies of all the special purpose districts
in the county which serve one thousand or more customers in that
county.
(1) The remaining six members of the commission must be
residents of the incorporated municipalities within the county.
(2) The total population of all incorporated municipalities
within the county, as determined by the most recent United States
Census, must be divided by six, the result being an apportionate average.
The respective population of each municipality in the county must be
divided by the apportionate average to determine any appointive index.
(3) Each municipality in the county must appoint a number of
members to the commission equal to the whole number indicated by
their appointive index. However, no single municipality may appoint
more than four members to the commission. No more than one elected
official from any municipality in the county may be a member of the
commission.
(4) When less than six members are selected to the
commission in accordance with the prescribed appointive index method,
the remaining member or members must be selected in a joint meeting
of the charter commission appointees of the municipalities in the county.
The member or members must be chosen from among the residents of
the municipalities in the county which before this time have not
provided a representative for the commission.
(B) If the governing body of any county creates a commission, it
must be created in accordance with the procedures specified in
subsection (A) and only upon the request of the governing body of the
county or upon petition of not less than ten percent of the registered
electors within the county. The petition must contain the signatures of
not less than ten percent of persons registered to vote in the county.
Petitions must be certified as valid or rejected by the county board of
registration within thirty days and if certified, must be filed with the
governing body which shall create a charter commission within thirty
days after certification. If within the thirty-day period one or more of
the municipalities fail or refuse to appoint their proportionate number of
members to the commission, the county governing body shall appoint an
additional number of members equal to the number that any such
municipality is entitled to appoint. A vacancy on the commission must
be filled in the manner of the original appointment.
Section 4-8-30. (A) Within ten days following the appointment
of all the members of the commission, it is the duty of the chairman of
the county governing body to call an organizational meeting of the
commission and to set the date, time, and location of the meeting.
(B) The first order of business at the organizational meeting is the
election of the permanent chairman who must be elected by majority
vote of the members of the commission.
(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.
(D) The members of the commission shall receive no
compensation for their services except reimbursement for actual
expenses incurred by them in carrying out their duties as members of the
commission. The governing body of the county and the governing
bodies of municipalities within the county are authorized to expend
public funds in carrying out the provisions of this chapter.
(E) The commission is authorized to employ such staff and
contract with such consultants as it considers necessary to conduct
special studies and assemble information for preparation of the charter
subject to the limitation of funds made available to it. No person who
holds an elected public office may be employed by the commission.
Section 4-8-40. 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
and which shall supersede and replace the existing governments of the
county and of all municipalities and all other 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:
(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. 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.
(2) For the new consolidated political subdivision to be
eligible to have, hold, enjoy and be entitled to any assistance, credits,
benefits, monies, grants, grants-in-aid, funds, loans, aid, appropriations,
and matching funds to the same extent that any county, municipality, or
other political subdivisions of the State is entitled or by any other
provision of law or under any present or future state or federal programs.
(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
also may 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.
(4) For the abolishment of any public offices, positions of
public employment of the county and of any municipality within the
county, created by law of the State, and positions of public employment
with any public authorities or special purpose districts located and
operated within the county, excluding constitutional officers, members
of the judiciary, and persons employed by or elected to serve in the
public school system.
(5) For the creation of the governing body of the consolidated
political subdivision, including the number of members, their powers,
duties, terms of office, manner of election, compensation, method of
removal, and all other matters of the governing body subject only to
constitutional limitation.
(6) For the creation, modification, and abolishment of various
departments, offices, advisory boards, advisory commissions, and
positions of public employment of the consolidated political subdivision,
all of which must be subordinate branches or employees of the
consolidated political subdivision, and all other matters related to it.
(7) For the assumption by the consolidated political
subdivision of all bonded indebtedness and all other obligations of
whatever kind of all governmental units, public authorities, public
service, and special purpose districts which are consolidated by the
consolidated government charter and the method by which the
consolidated political subdivision shall assume the payment of
obligations issued under the Constitution and law of this State.
(8) For the purposes for which the consolidated political
subdivision or an agency of it may levy any type tax authorized by law
for county and municipalities and the debt limitations applicable to the
consolidated political subdivision or an agency of it, subject to
constitutional limitations. As used in this item the term 'taxes' includes
uniform service charges based on services provided which may be levied
in conjunction with or in lieu of ad valorem taxes.
(9) For the creation of several classifications of taxing districts
by which taxes must be assessed, levied, and collected by the
consolidated political subdivision in accordance with the kind, character,
type, and degree of services provided within the taxing districts,
including a general service district which consists of the total area of the
county, and in which must be provided such services as are generally
required or demanded by all citizens of the county. The rate and manner
of taxation may vary in any one district from that in other districts.
(10) For a method by which the taxing districts are created, other
than the general services district, may be expanded or reduced in area,
or transformed from one tax district classification to another and a
system by which no district may be taxed in any way for services,
functions, or programs that are not available or provided to the citizens
or property owners of that district.
(11) For the method or methods by which the consolidated political
subdivision may be dissolved. Any proposal to disband or dissolve a
consolidated political subdivision is not authorized until a consolidated
political subdivision has been in existence for a minimum of four years.
(12) For the method or methods by which the charter of the
consolidated political subdivision may be amended and municipalities
or special purpose districts of the county not included in the initial
boundaries of the consolidated political subdivision if any may be
annexed to it.
Section 4-8-50. The commission shall complete all of its studies and
draft a proposed charter within a period of twelve months following the
date of its initial appointment. The time period for the work of the
commission may be extended by resolution adopted by the governing
body of the county upon a written request submitted by the chairman of
the charter commission and approved by a majority vote of the
commission's members.
Section 4-8-60. (A) Nothing in this chapter may be construed to
authorize any commission created pursuant to this chapter to devolve
any additional powers upon consolidated political subdivisions with
regard to public school education or school districts or to abolish any
school district within the county or transfer any of its powers, duties, and
obligations to the consolidated political subdivision. County boards of
education and boards of trustees shall continue to perform their statutory
functions in matters related to them as prescribed in the Constitution and
the general law of the State.
(B) Upon the adoption of a charter for the consolidation of any
county and the municipalities and other political subdivisions within the
county, the rights and duties of electrical suppliers must be preserved
pursuant to Chapter 27 of Title 58. The charter must include a specific
reference to the rights of electrical suppliers in consolidated political
subdivisions prescribed in Section 58-27-630.
Section 4-8-70. (A) During the course of its studies, the
commission is required to hold at least three public hearings to
determine the sentiment of the citizens of the county regarding the work
of the commission. The commission must advertise the date, time, and
place of the hearings in a newspaper of general circulation in the county
at least twice during the week immediately preceding the week in which
public hearings are to be held.
(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.
(C) The commission shall take such steps as it considers
reasonable and appropriate to inform the public throughout the county
of the contents of the proposed charter.
Section 4-8-80. 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 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.'
Section 4-8-90. (A) The charter for the creation of a consolidated
political subdivision is effective only upon approval of a majority of the
qualified electors of the county voting on the question as provided in
Section 4-8-60.
(B) If the charter for the creation of a consolidated political
subdivision is approved by the qualified electors of the county as
required by subsection (A) of this section but not approved by a majority
of the qualified electors voting on the question in a municipality, the
charter is void and of no force and effect only in that municipality.
(C) The charter for the creation of the political subdivision is void
and of no effect if a majority of the qualified electors voting on the
question in the county seat municipality or in the municipality having
the largest population, as determined by the latest official United States
Census, do not approve the charter and the consolidation.
(D) If the charter and consolidation do not become effective for
any of the reasons enumerated in subsections (A) and (C), another
charter commission may not be created in the county for at least four
years from the date of the unsuccessful election.
(E) 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 4-8-100. Whenever a charter for the consolidation of any
county and the municipalities and other political subdivisions within the
county has been adopted, the county governing body shall furnish a
certified copy of the charter with returns of the special election provided
for in this chapter to the Secretary of State. The Secretary of State shall
issue his proclamation showing and declaring the results of the election
on the adoption of the proposed charter. One copy of the proclamation
must be attached to a copy of the charter certified to the Secretary of
State and one copy must be delivered to the clerk of the governing body
of the county and the clerks of the governing bodies of the respective
municipalities of the county.
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 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 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 consolidated political subdivision voting in a referendum and a
majority of the qualified electors voting in a referendum in the particular
municipality concerned.
(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. 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 a part of the consolidated political
subdivision.
Section 4-8-130. The creation and establishment of a consolidated
government pursuant to this chapter does not alter or change zoning
regulations effective in the county or the municipalities consolidated,
and the regulations continue until modified or changed by the
consolidated council acting under authority granted through the charter
of the consolidated government.
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; and 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."
SECTION 4. Should any portion of this act be held unconstitutional or
otherwise unenforceable, the portion is considered severable and the
remainder of the act continues in full force and effect.
SECTION 5. This act takes effect upon approval by the Governor.
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