S*1395(Rat #0375, Act #0338 of 1996)  General Bill, By Courtney
 A Bill to amend Section 5-5-10, Code of Laws of South Carolina, 1976, relating
 to the forms and selection of municipal government, so as to provide that a
 municipality which failed to adopt one of the specified forms of government
 within fifteen months of December 31, 1977, is considered to have forfeited
 its articles of incorporation until it certifies the adoption of one of the
 forms to the Secretary of State, and to further provide that the articles of
 incorporation must be reinstated upon the certification of the adoption.

   04/25/96  Senate Introduced, read first time, placed on calendar
                     without reference SJ-5
   04/25/96  Senate Unanimous consent for second reading on next
                     legislative day SJ-5
   04/25/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-5
   04/26/96  Senate Read second time SJ-9
   04/29/96  Senate Read third time and sent to House SJ-24
   04/30/96  House  Introduced and read first time HJ-28
   04/30/96  House  Referred to Committee on Judiciary HJ-28
   05/01/96  House  Recalled from Committee on Judiciary HJ-62
   05/07/96  House  Debate adjourned until Wednesday, May 8, 1996 HJ-28
   05/08/96  House  Read second time HJ-16
   05/09/96  House  Read third time and enrolled HJ-16
   05/14/96         Ratified R 375
   05/20/96         Signed By Governor
   05/20/96         Effective date 05/20/96
   05/31/96         Copies available
   05/31/96         Act No. 338

AN ACT TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.

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

Reinstatement of articles of incorporation

SECTION 1. Section 5-5-10 of the 1976 Code is amended by adding at the end:

"If a municipality failed to adopt one of the above forms of government within fifteen months of December 31, 1977, it shall be considered to have forfeited its articles of incorporation, until such time as the municipality adopts one of these forms of government and certifies the adoption to the office of the Secretary of State. Upon certification by the governing body of the municipality of the adoption of one of the forms of government to the office of the Secretary of State, the articles of incorporation for the municipality shall be reinstated. All actions taken by the governing body municipality during the period of forfeiture shall be deemed to have been ratified by the governing body of the municipality upon reinstatement of the articles of incorporation. The reinstating municipality must not be contiguous to any existing municipality."

Time effective

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

Approved the 20th day of May, 1996.