Current Status Introducing Body:House Bill Number:4601 Primary Sponsor:Waites Committee Number:25 Type of Legislation:GB Subject:Consolidated Government Charter Commission Residing Body:House Current Committee:Judiciary Computer Document Number:PT/30188DW.94 Introduced Date:19940125 Last History Body:House Last History Date:19940125 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waites Cromer Shissias Rogers Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4601 House 19940125 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 4-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A CONSOLIDATED GOVERNMENT CHARTER COMMISSION, SO AS TO PROVIDE THAT A MEMBER IS DEEMED TO HAVE VACATED HIS SEAT ON THE COMMISSION WHEN HE DOES NOT ATTEND THREE CONSECUTIVE MEETINGS AND PROVIDE FOR THE APPOINTMENT OF A SUCCESSOR; TO AMEND SECTION 4-8-40, RELATING TO POWERS OF THE COMMISSION, SO AS TO DELETE REFERENCES TO COUNTY GOVERNMENTS AND SUBDIVISIONS, DELETE PROVISIONS REGARDING EXCLUSION OF SPECIAL PURPOSE DISTRICTS, AND DELETE PROVISIONS REGARDING CONSOLIDATION OF MUNICIPALITIES WHOSE BOUNDARIES ENCOMPASS MORE THAN ONE COUNTY; TO AMEND SECTION 4-8-70, RELATING TO THE REQUIREMENT THAT THE CHARTER COMMISSION HOLD MEETINGS TO DETERMINE THE SENTIMENT OF THE CITIZENS OF THE COUNTY, SO AS TO DELETE A REFERENCE TO REQUIRING THE PROPOSED CHARTER BE SENT TO MUNICIPALITIES WITHIN THE COUNTY; TO AMEND SECTION 4-8-80, RELATING TO THE SUBMISSION OF THE QUESTION OF CONSOLIDATION TO THE QUALIFIED ELECTORS OF THE COUNTY, SO AS TO REQUIRE THE QUALIFIED ELECTORS OF THE COUNTY BE ASKED TO APPROVE ALL OR PART OF THE GENERAL OBLIGATION DEBT TO BE ASSUMED BY THE CONSOLIDATED POLITICAL SUBDIVISION AT THE SAME TIME AS THE ELECTION REQUIRED BY THIS SECTION; TO AMEND SECTION 4-8-90, RELATING TO THE PRESENTATION AND ADOPTION OF THE CHARTER, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE CHARTER IS VOID IN A MUNICIPALITY OR SPECIAL PURPOSE DISTRICT IF IT IS NOT ADOPTED BY A MAJORITY OF THE QUALIFIED ELECTORS OF THAT MUNICIPALITY OR SPECIAL PURPOSE DISTRICT; TO AMEND SECTION 4-8-110, RELATING TO WHEN THE GOVERNMENT FOR THE CONSOLIDATED POLITICAL SUBDIVISION BECOMES EFFECTIVE, SO AS TO DELETE REFERENCES TO BEING EFFECTIVE WITHIN THE COUNTY; TO AMEND SECTION 4-8-120, RELATING TO THE INCLUSION OF A MUNICIPALITY OR SPECIAL PURPOSE DISTRICT NOT INITIALLY INCLUDED IN THE CONSOLIDATED POLITICAL SUBDIVISION, SO AS TO CLARIFY THAT A MUNICIPALITY OR SPECIAL PURPOSE DISTRICT MAY NOT BECOME PART OF THE CONSOLIDATED POLITICAL SUBDIVISION UNTIL A MAJORITY OF THE QUALIFIED ELECTORS IN THAT POLITICAL SUBDIVISION APPROVE THE CONSOLIDATION; TO AMEND SECTION 4-8-140, RELATING TO THE RIGHTS, OBLIGATIONS, AND DUTIES THE CONSOLIDATED POLITICAL SUBDIVISION ACQUIRES AND SUCCEEDS TO AFTER IT IS ESTABLISHED, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MUNICIPALITY OR SPECIAL PURPOSE DISTRICT IS NOT AFFECTED IF A MAJORITY OF THE QUALIFIED ELECTORS OF THAT MUNICIPALITY OR SPECIAL PURPOSE DISTRICT DO NOT APPROVE THE QUESTION OF CONSOLIDATION; TO REPEAL SECTION 4-8-95, RELATING TO THE EXCLUSION OF A MUNICIPALITY OR SPECIAL PURPOSE DISTRICT FROM CONSOLIDATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-8-30(C) of the 1976 Code, as added by Act 319 of 1992, is amended to read:
"(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. Any member not attending three consecutive meetings of the commission is deemed to have vacated his seat and a successor must be appointed in the manner of the original appointment."
SECTION 2. (A) That portion of Section 4-8-40 of the 1976 Code which precedes item (1), is amended to read:
"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 consolidated political subdivision 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:"
(B) Section 4-8-40(1) and (3) of the 1976 Code, as added by Act 319 of 1992, are amended to read:
"(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.
(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."
SECTION 3. Section 4-8-70(B) of the 1976 Code is amended to read:
"(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."
SECTION 4. Section 4-8-80 of the 1976 Code, as added by Act 319 of 1992, is amended to read:
"Section 4-8-80. (A) 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 proposed consolidated political subdivision 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.'
(B) At the election called pursuant to the provisions of this section, the qualified voters of the county must be asked to approve all or a portion of the general obligation debt to be assumed by the consolidated political subdivision. If the assumption of all or a portion of the general obligation debt is approved by a majority vote of the qualified voters, the general obligation debt is excluded from the constitutional debt limit imposed by Article X, Section 14(7) of the Constitution of South Carolina, 1895."
SECTION 5. Section 4-8-90 of the 1976 Code, as added by Act 319 of 1992, is amended to read:
"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) are not approved by a majority of the qualified electors as provided 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 6. Section 4-8-110 of the 1976 Code, as added by Act 319 of 1992, is amended to read:
"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 7. Section 4-8-120 of the 1976 Code, as added by Act 319 of 1992, is amended to read:
"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 if the municipality is not included initially in the consolidated political subdivision, it may not 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. However, if the special purpose district is not included initially in the consolidated political subdivision No 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 becomes a part of the consolidated political subdivision."
SECTION 8. Section 4-8-140 of the 1976 Code, as added by Act 319 of 1992, is amended to read:
"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 9. Section 4-8-95 of the 1976 Code is repealed.
SECTION 10. This act takes effect upon approval by the Governor.