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Indicates Matter Stricken
Indicates New Matter
S. 1354
STATUS INFORMATION
General Bill
Sponsors: Senators Pinckney and Richardson
Document Path: l:\council\bills\dka\3735dw06.doc
Introduced in the Senate on April 18, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Municipalities
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/18/2006 Senate Introduced and read first time SJ-5
4/18/2006 Senate Referred to Committee on Judiciary SJ-5
4/18/2006 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen,
Williams
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-20 SO AS TO GIVE NOTICE OF A PROPOSED ANNEXATION BY A MUNICIPALITY, TO PROVIDE THE ELEMENTS OF NOTICE, AND TO REQUIRE CERTAIN DOCUMENTS MUST BE MADE AVAILABLE AT A PUBLIC MEETING; TO AMEND SECTION 5-3-150, RELATING TO THE ALTERNATE METHODS OF ANNEXATION WHERE A PETITION IS SIGNED BY SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OF THE PROPERTY TO BE ANNEXED, SO AS TO DELETE THE NOTICE PROVISIONS BEFORE ACTION ON THE PETITION; TO AMEND SECTION 5-3-270, RELATING TO THE TIME WITHIN WHICH A CONTEST ON THE EXTENTION OF MUNICIPAL LIMITS MUST BE INSTITUTED, SO AS TO ESTABLISH THE REQUIREMENTS OF STANDING IN ORDER FOR A PARTY TO CHALLENGE A PROPOSED OR ORDERED ANNEXATION; AND TO AMEND SECTION 5-3-300, RELATING TO AN ALTERNATE METHOD OF ANNEXATION THAT REQUIRES A PETITION SIGNED BY TWENTY-FIVE PERCENT OR MORE OF THE QUALIFIED ELECTORS WHO ARE RESIDENTS OF THE AREA PROPOSED TO BE ANNEXED, SO AS TO INCREASE FROM THIRTY TO SIXTY DAYS THE NOTICE OF AN ANNEXATION USING THIS PROCEDURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 5 of the 1976 Code is amended by adding:
"Section 5-3-20. (A) Not less than sixty days before acting on any proposed annexation pursuant to the provisions of this chapter, the annexing municipality shall give notice of the proposed annexation in a newspaper of general circulation in the community for five days, by written notice to the taxpayer of record of all properties within the area proposed to be annexed, to the chief administrative officer of the county, to all public service or special purpose districts, and all fire departments, whether volunteer or full time.
(B) If there is to be an annexation election, then the municipality shall give notice within sixty days of the election as provided in subsection (A).
(C) At any time within the sixty day period between notice of a proposed annexation and either municipal action or an annexation election, a municipality shall provide a public hearing if a party with standing to challenge the annexation requests a public hearing.
(D) If the municipality holds a public hearing, it shall provide notice of the hearing fifteen days before the hearing as provided in subsection (A). At the public hearing, the following must be available:
(1) a map of the proposed annexation area, a complete legal description;
(2) a statement about public services the municipality will provide; and
(3) a schedule of the taxes and fees required for those services."
SECTION 2. Section 5-3-150(1) of the 1976 Code is amended to read:
"(1) Any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240, owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete. No A member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is not eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law; however, this property may not be annexed unless the following has been complied with:
(1)(a) the petition must be dated before the first signature is affixed to it and all necessary signatures must be obtained within six months from the date of the petition;
(2)(b) the petition and all signatures to it are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed;
(3)(c) the petition must state the act or code section pursuant to which the proposed annexation is to be accomplished;
(4)(d) the petition must contain a description of the area to be annexed and there must be attached to the petition a plat of the area to be annexed; and
(5)(e) the municipality or any a resident of it and any a person residing in the area to be annexed or owning real property of it may institute and maintain a suit in the court of common pleas, and in that suit the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation;.
(6) not less than thirty days before acting on an annexation petition, the annexing municipality must give notice of a public hearing by publication in a newspaper of general circulation in the community, by posting the notice of the public hearing on the municipal bulletin board, and by written notification to the taxpayer of record of all properties within the area proposed to be annexed, to the chief administrative officer of the county, to all public service or special purpose districts, and all fire departments, whether volunteer or full time. This public hearing must include a map of the proposed annexation area, a complete legal description of the proposed annexation area, a statement as to what public services are to be assumed or provided by the municipality, and the taxes and fees required for these services. The notice must include a projected timetable for the provision or assumption of these services."
SECTION 3. Section 5-3-270 of the 1976 Code is amended to read:
"Section 5-3-270. (A) When Before or after the limits of a municipality are ordered extended, no contest thereabout shall be is allowed unless the a person with standing interested therein files, within sixty days after the result has been published or declared, with both the clerk of the municipality and the clerk of court of the county in which the municipality is located, a notice of his intention to contest the extension, nor unless, within ninety days from the time the result has been published or declared an action is begun and the original summons and complaint filed with the clerk of court of the county in which the municipality is located.
(B) A party has standing to challenge any proposed or ordered annexation if he is:
(1) a property owner or resident of the municipality;
(2) owns property or resides in the area proposed to be annexed;
(3) owns property or resides within ten miles of the area proposed to be annexed; or
(4) otherwise can demonstrate a material injury resulting from the proposed annexation."
SECTION 4. Section 5-3-300(D) of the 1976 Code is amended to read:
"(D) The election ordered pursuant to this section is a special election and not a municipal election and must be held, regulated, and conducted with the provisions prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this section. The county election commission shall give at least thirty sixty days' notice in a newspaper of general circulation within the area proposed to be annexed to the municipality. Registered qualified electors residing within the area proposed to be annexed to the municipality shall have the same qualifications to vote in this election as are required of registered qualified electors to vote in state and county general elections. At the election, the registered qualified electors residing within the area proposed to be annexed shall vote in a box or boxes to be provided for the purpose within the area proposed to be annexed by the county election commission. The county election commission shall certify the result of the election to the municipal council of the municipality. If a majority of the votes cast by the qualified electors of the area proposed to be annexed are in favor of the annexation, the council by written resolution must shall publish the result of the election."
SECTION 5. This act takes effect upon approval by the Governor and applies retroactively to any annexation that has taken place on or after December 31, 1995.
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