Bill 624

                    Current Status

Bill Number:               624
Ratification Number:       588
Act Number                 520
Introducing Body:          Senate
Subject:                   Procedure for changing boundaries

(A520, R588, S624)

AN ACT TO AMEND SECTIONS 4-5-170 THROUGH 4-5-200 AND SECTION 4-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE BOUNDARIES OF A COUNTY, SO AS TO PROVIDE THAT WHERE THE AREA PROPOSED TO BE ANNEXED TO A COUNTY IS LESS THAN FIFTY ACRES AND IS OWNED BY TEN OR FEWER FREEHOLDERS AND UPON COMPLIANCE WITH THE PROVISIONS OF SECTIONS 4-5-120 THROUGH 4-5-160 THE GOVERNOR SHALL ORDER THE COUNTY BOARD OF ELECTIONS IN THE COUNTY IN WHICH THE AREA PROPOSED TO BE ANNEXED IS LOCATED TO CANVASS THE QUALIFIED ELECTORS RESIDING IN THE AREA AS TO WHETHER THE AREA PROPOSED TO BE ANNEXED SHOULD BE TRANSFERRED TO THE ANNEXING COUNTY AND TO PROVIDE A PROCEDURE FOR THIS CANVASSING PROCESS; AND TO MAKE CORRESPONDING AMENDMENTS TO THOSE CODE SECTIONS AFFECTED BY THIS CANVASSING PROCEDURE.

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

Procedure for changing boundaries

SECTION 1. Sections 4-5-170 through 4-5-200 and Section 4-5-220 of the 1976 Code are amended to read:

"Section 4-5-170. (A) Upon satisfactory compliance with Sections 4-5-120 to 4-5-160, the Governor shall order an election to be held in an area sought to be transferred and an election to be held in the county to which the area is proposed to be transferred. If there is no established voting place in the area proposed to be transferred, the Governor in his order of election shall designate the place or places at which the voters in the area shall vote. All qualified electors of the area proposed to be

annexed and the county to which the area is proposed to be annexed are eligible to vote in the elections.

(B) Where the area proposed to be annexed is less than fifty acres in size and is titled in the name of ten or fewer freeholders as defined in Section 5-3-240 and upon satisfactory compliance with Sections 4-5-120 through 4-5-160, the Governor shall order the county board of elections in the county in which the area proposed to be annexed is located to canvass the qualified electors residing in the area as to whether the area proposed to be annexed should be transferred to the annexing county. Notice of the canvassing must be given to the qualified electors residing in the area proposed to be annexed by certified mail. The canvassing of the qualified electors must be in the form of a census taken by the county board of elections on the third Tuesday after the notice is given or attempted. If the county commission of elections certifies that two-thirds of the qualified electors in the area proposed to be annexed favor annexation, the governing body of the county to which the area is proposed to be transferred, upon the concurring vote of the governing body of the county from which the area is proposed to be transferred, may vote to require the General Assembly to ratify the transfer of property under Section 4-5-220.

Section 4-5-180. Except as provided in Section 4-5-170(B), the elections called for must be conducted at the time specified in the Governor's order by the respective election commissions of the two counties in accordance with the applicable constitutional and statutory provisions relating to elections.

Section 4-5-190. Except as provided for in Section 4-5-170(B), the commissioners of elections for the county from which the area is proposed to be transferred shall canvass the returns of the managers of each precinct in the area seeking annexation in their county as the returns are canvassed in general elections and shall certify the results of the canvassing in a tabulated statement of the vote at each precinct to the Secretary of State who shall transmit a tabulated statement of the vote at each precinct of the county to the Senate and House of Representatives at its next session.

Section 4-5-200. Except as provided in Section 4-5-170(B), the commissioners of election for the county to which the area is proposed to be transferred shall canvass the returns of the managers of each voting place in the county as the returns are canvassed in the general elections and shall certify the results of the canvass in a tabulated statement of the vote at each polling place to the Secretary of State who shall transmit a tabulated statement of the vote at each polling place to the General Assembly for action as provided for in Section 4-5-220.

Section 4-5-220. The General Assembly upon receipt of the certified returns shall as soon as practicable alter the county line or lines in accordance with the request or petition if two-thirds of the qualified electors voting or otherwise indicating their preference, under Section 4-5-170(B), on the question in the area to be transferred vote or otherwise indicate, under Section 4-5-170(B), in favor of the transfer and if a majority of the qualified electors voting in the county to which the transfer is proposed or the members of the county governing boards, under Section 4-5-170(B), vote in favor of the transfer, provided that all the constitutional requirements for the alteration of county lines have been complied with, all of which must be determined by the General Assembly. The annexation must then become effective."

Time effective

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