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Current Status Bill Number:View additional legislative information at the LPITS web site.513 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990218 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:l:\council\bills\pt\1233dw99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Municipal annexation, to substitute electors in lieu of freeholders in petition procedure; Political Subdivisions History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990218 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 5-3-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD OF ANNEXATION BY A MUNICIPALITY, SO AS TO SUBSTITUTE ELECTORS INSTEAD OF FREEHOLDERS IN THE PETITION PROCEDURE; AND TO REPEAL SECTIONS 5-3-20, 5-3-50, 5-3-60, 5-3-70, 5-3-80, 5-3-160, 5-3-170, 5-3-180, 5-3-190, 5-3-200, AND 5-3-230 RELATING TO THE FIFTY PERCENT AND TWENTY-FIVE PERCENT FREEHOLDER INITIATED METHODS OF ANNEXATION WHICH HAVE BEEN DECLARED UNCONSTITUTIONAL BY STATE AND FEDERAL COURTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-3-300(A), (B), and (C) of the 1976 Code, as added by Act 626 of 1988, are amended to read:
"(A) In addition to other methods of annexation authorized by this chapter, any area which is contiguous to a municipality may be annexed to the municipality by the filing of a petition with the council signed by twenty-five percent or more of the freeholders electors who are residents within the area proposed to be annexed.
(B) The petition must contain a description of the area to be annexed, the signature of the freeholder electors, the address of residence, and the act or code section pursuant to which the proposed annexation is to be accomplished.
(C) If the municipal council finds that the petition has been signed by twenty-five percent or more of the freeholders electors resident within the area proposed to be annexed, it may certify that fact to the county election commission of the county in which the area is situated. Upon receipt of a written resolution certifying that the petition meets the requirements of this section, the county election commission shall order an election to be held within the area proposed to be annexed to the municipality on the question of extension of the corporate limits of the municipality by annexation of the area proposed to be annexed."
SECTION 2. Sections 5-3-20, 5-3-50, 5-3-60, 5-3-70, 5-3-80, 5-3-160, 5-3-170, 5-3-180, 5-3-190, 5-3-200, and 5-3-230 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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