H*3681 Session 109 (1991-1992)
H*3681(Rat #0358, Act #0319 of 1992) General Bill, By C.Y. Waites, D.W. Beatty,
M.F. Jaskwhich, W.P. Keesley, J.T. McElveen, Sheheen, P.E. Short, J.B. Wilder and
D.A. Wright
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
4-9-41 so as to provide for the joint administration of functions of political
subdivisions; and to amend the 1976 Code by adding Chapter 8 to Title 4 so as
to provide procedures for the consolidation of political subdivisions.
03/12/91 House Introduced and read first time HJ-7
03/12/91 House Referred to Committee on Judiciary HJ-7
02/26/92 House Committee report: Favorable with amendment
Judiciary HJ-34
03/04/92 House Amended HJ-56
03/04/92 House Read second time HJ-67
03/05/92 House Read third time and sent to Senate HJ-13
03/10/92 Senate Introduced and read first time SJ-6
03/10/92 Senate Referred to Committee on Judiciary SJ-6
03/25/92 Senate Committee report: Favorable Judiciary SJ-10
03/26/92 Senate Read second time SJ-23
03/26/92 Senate Ordered to third reading with notice of
amendments SJ-23
03/30/92 Senate Read third time and enrolled SJ-14
04/02/92 Ratified R 358
04/08/92 Signed By Governor
04/08/92 Effective date 04/08/92
04/08/92 Act No. 319
05/05/92 Copies available
(A319, R358, H3681)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO
PROVIDE FOR THE JOINT ADMINISTRATION OF
FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO
AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO
TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE
CONSOLIDATION OF POLITICAL SUBDIVISIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
Legislative intent
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 these 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.
Joint administration of functions
SECTION 2. The 1976 Code is amended by adding:
"Section 4-9-41. (A) Any county, incorporated
municipality, special purpose district, 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."
Consolidation of political subdivisions
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 eighteen members, all of
whom must be residents of the county.
(1) The governing body of the county shall appoint six
members of the commission, at least four of whom shall reside
outside the corporate limits of the largest municipality in the
county, with no more than two county appointees being elected
officials.
(2) (a) Six members of the commission must be
residents of the incorporated municipalities within the county.
(b) 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.
(c) Each municipality in the county shall 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 two municipal elected officials may
be members of the commission. The option to appoint a
municipal elected official is with the two municipalities with the
largest population.
(d) 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.
(3) (a) Each special purpose district in the county may
appoint a member to the commission equal to the nearest whole
number indicated by their appointive index. However, no single
special purpose district may appoint more than four members to
the commission. No more than two officials from special purpose
districts in the county may be members of the commission. The
option to appoint a special purpose district official is with the two
special purpose districts with the largest population. In no case
may there be less than one member of the commission
representing special purpose districts when a special purpose
district exists within the county.
(b) The total population of all special purpose districts
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 special purpose
district in the county must be divided by the apportionate average
to determine any appointive index.
(c) When less than six members are selected to the
commission in accordance with the prescribed appointive index
method, the remaining member or members of the charter
commission must be selected in a joint meeting of the charter
commission appointees of the special purpose districts in the
county. The member or members must be chosen from among the
residents of the special purpose districts 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 or
special purpose districts fails or refuses 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 or special purpose
district 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 and special purpose districts
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 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:
(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.
(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 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.
(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 counties 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 twelve months
following the date of its initial appointment. The 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. 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.
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 shall 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 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), 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 4-8-95. (A) A special purpose district or city may
elect to exclude itself from consolidation.
(B) In each election held pursuant to this chapter, votes cast
must be counted and recorded by municipality and by special
purpose district. A majority vote in opposition to the
consolidation from the municipality or special purpose district
must be construed as a decision to be excluded from
consolidation.
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
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.
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 or other ordinances effective in the
county or the municipalities consolidated, and the regulations or
ordinances 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. 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 4-8-150. Except as provided in Section 58-27-20, the
furnishing of electric service or the construction of facilities for
the furnishing of electric service within a consolidated political
subdivision is governed by the provisions of Title 58 of Chapter
27, Section 5-7-60, and, in unassigned territory, Section
6-21-400."
Severability clause
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.
Time effective
SECTION 5. This act takes effect upon approval by the
Governor.
Approved the 8th day of April, 1992. |