South Carolina General Assembly
115th Session, 2003-2004

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S. 529

STATUS INFORMATION

General Bill
Sponsors: Senator Drummond
Document Path: l:\council\bills\dka\3397dw03.doc

Introduced in the Senate on March 27, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Counties, governing bodies, authority

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   3/27/2003  Senate  Introduced and read first time SJ-27
   3/27/2003  Senate  Referred to Committee on Judiciary SJ-27

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/27/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO ADD A PROVISION THAT ALL POWERS GRANTED TO THE GOVERNING BODY BY LAW MAY BE IMPLEMENTED BY ORDINANCE, RESOLUTION, OR ANOTHER FORM OF ACTION, AS THE GOVERNING BODY MAY BY ORDINANCE PROVIDE, AND PROVIDE AN EXCEPTION BY DELETING LANGUAGE TO MAKE IT CONSISTENT WITH OTHER PARTS OF THIS ACT; AND TO AMEND SECTION 4-9-130, RELATING TO THE REQUIREMENT THAT PUBLIC HEARINGS MUST BE HELD BEFORE FINAL ACTION IS TAKEN BY THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO ADOPT CERTAIN CODES WITHOUT REQUIRING THEM TO BE ADOPTED WITH AN ORDINANCE.

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

SECTION    1.    Section 4-9-30 of the 1976 Code, as last amended by Act 113 of 1999, is further amended by adding:

"(14.1)     to provide for the implementation of all powers granted by law. Except where general law requires the enactment of an ordinance or the adoption of a resolution in order to implement a certain power, the powers granted to the counties may be implemented by ordinance, resolution, or such other form of action as the governing body may be ordinance provide."

SECTION    2.    Section 4-9-30(14) of the 1976 Code is amended to read:

"(14)    to enact ordinances for the implementation and enforcement of the powers granted in this section and provide penalties for violations thereof of these ordinances not to exceed the penalty jurisdiction of magistrates' courts. Alleged violations of such these ordinances shall must be heard and disposed of in courts created by the general law including the magistrates' courts of the county. County officials are further empowered to may seek and obtain compliance with ordinances and regulations issued pursuant thereto to them through injunctive relief in courts of competent jurisdiction. No An ordinance including penalty provisions shall may not be enacted with regard to matters provided for by the general law, except as specifically authorized by such general law; and"

SECTION    3.    Section 4-9-130 of the 1976 Code is amended to read:

"Section 4-9-130.    (A)    Public hearings, after reasonable public notice, must be held before final council action is taken to:

(1)    adopt annual operational and capital budgets;

(2)    make appropriations, including supplemental appropriations;

(3)    adopt building, housing, electrical, plumbing, gas, and all other regulatory codes involving penalties;

(4)    adopt zoning and subdivision regulations;

(5)    levy taxes;

(6)    sell, lease or contract to sell or lease real property owned by the county.

(B)    The council may adopt any standard code or technical regulations authorized under Section 6-9-60 by reference thereto to it in the adopting ordinance. The procedure and requirements governing the ordinances shall must be as prescribed for ordinances listed in (1) through (6) above item (3) of subsection (A).

(C)    Copies of any adopted code of technical regulations shall must be made available by the clerk of council for distribution or for purchase at a reasonable price.

(D)    Not less than fifteen days' notice of the time and place of such these hearings shall must be published in at least one newspaper of general circulation in the county.

(E)    To meet public emergencies affecting life, health, safety, or the property of the people, council may adopt emergency ordinances; but such these ordinances shall not levy taxes, grant, renew, or extend a franchise or impose or change a service rate. Every emergency ordinance shall must be designated as such an emergency ordinance and shall contain a declaration that an emergency exists and describe the emergency. Every emergency ordinance shall must be enacted by the affirmative vote of at least two-thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency An emergency ordinances ordinance shall expire expires automatically as of on the sixty-first day following the date of enactment."

SECTION    4.    This act takes effect upon approval by the Governor.

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