South Carolina General Assembly
110th Session, 1993-1994

Bill 3800

                    Current Status
Introducing Body:               House
Bill Number:                    3800
Ratification Number:            227
Act Number:                     145
Primary Sponsor:                Spearman
Type of Legislation:            GB
Subject:                        Public works commission,
                                abolishment of
Date Bill Passed both Bodies:   19930520
Computer Document Number:       WWW/30055DW.93
Governor's Action:              S
Date of Governor's Action:      19930614
Introduced Date:                19930331
Date of Last Amendment:         19930512
Last History Body:              ------
Last History Date:              19930614
Last History Type:              Act No. 145
Scope of Legislation:           Statewide
All Sponsors:                   Spearman
                                Sharpe
                                Koon
                                Sturkie
                                Riser
                                Wright
                                Gamble
                                Stuart
Type of Legislation:            General Bill
History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3800   ------  19930614      Act No. 145
3800   ------  19930614      Signed by Governor
3800   ------  19930610      Ratified R 227
3800   House   19930520      Concurred in Senate
                             amendment, enrolled for
                             ratification
3800   Senate  19930513      Read third time, returned to
                             House with amendment
3800   Senate  19930512      Amended, read second time,
                             unanimous consent for third
                             reading on Thursday, May 13,
                             1993
3800   Senate  19930506      Introduced, read first time,
                             placed on Calendar without
                             reference
3800   House   19930505      Read third time, sent to
                             Senate
3800   House   19930504      Amended, read second time
3800   House   19930422      Debate adjourned until
                             Tuesday, May 4, 1993
3800   House   19930414      Committee Report: Favorable     25
3800   House   19930331      Introduced, read first time,    25
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A145, R227, H3800)

AN ACT TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE IN THOSE MUNICIPALITIES CREATED AS A RESULT OF THE CONSOLIDATION OF TWO OR MORE MUNICIPALITIES AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.

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

Abolition of commissions of public works

SECTION 1. Section 5-31-235 of the 1976 Code is amended to read:

"Section 5-31-235. (A) If the commissioners of public works unanimously, by resolution, petition the municipal council to abolish the commission, the municipal council may, after a public hearing, adopt an ordinance abolishing the commission of public works.

(B) The municipal council of any municipality shall, upon receiving a petition signed by thirty percent of the registered voters of the qualified voters of the municipality, call for a binding referendum to determine whether or not the Commission of Public Works must be abolished. The referendum must be held in accordance with the general election laws of this State. The question on the ballot must be as follows: `Shall the Commission of Public Works of the municipality of (name of the appropriate municipality) be abolished?'

Yes[]

No[]

(C) If a majority of the voters who vote in that referendum determines that the Commission of Public Works be abolished, then the municipal council shall adopt an ordinance abolishing the Commission of Public Works and the municipality shall assume all the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works. The Commission of Public Works shall cease to exist as of the date of the final passage of the ordinance abolishing it, and the municipality shall assume the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works at the same instant. The referendum provided for in subsection (B), whether successful or unsuccessful, may not be conducted more often than every thirty-six months.

(D) As an alternative to the procedure provided in subsections (B) and (C), a commission of public works may be abolished by an affirmative vote of a majority of the members of the commission transferring the rights, duties, responsibilities, assets, and liabilities of the former commission to a municipality. The transfer is effective when the municipality adopts an ordinance accepting the transfer.

(E) The provisions of subsections (B), (C), and (D) of this section apply only to a municipality which has been created as a result of the consolidation of two or more municipalities."

Time effective

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

Approved the 14th day of June, 1993.