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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
February 1, 2005
S. 223
S. Printed 2/1/05--S.
Read the first time January 12, 2005.
TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.
Amend Title To Conform
Whereas, in an advisory referendum on the November 2004 ballot, by a vote of five hundred eighty-two in favor and two hundred forty-nine opposed, the electors of Westminster supported abolishing the Westminster Commission of Public Works; and
Whereas, other existing statutory methods for abolishing a Commission of Public Works are inapplicable in this situation; and
Whereas, the State Constitution, case law, and opinions of the Attorney General provide that general statewide legislation is required to abolish an entity such as the Commission of Public Works; and
Whereas, this bill seeks to implement the will of the people as expressed in the advisory referendum and conform to state law requirements. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-31-230 of the 1976 Code is amended to read:
"Section 5-31-230. In the The following cities and towns of shall have no board of commissioners of public works: Abbeville, Allendale, Barnwell, Beaufort, Belton, Bennettsville, Blackville, Bluffton, Bowman, Branchville, Camden, Central, Chapin, Cheraw, Cherry Grove Beach, Chesnee, Chester, Clemson, Clinton, Clio, Clover, Conway, Cowpens, Crescent Beach, Denmark, Dillon, Donalds, Due West, Duncan, Edgefield, Elgin, Estill, Fairfax, Forest Acres, Fort Mill, Fountain Inn, Georgetown, Goose Creek, Govan, Great Falls, Hampton, Hardeeville, Heath Springs, Hemingway, Hilda, Honea Path, Irmo, Iva, Jamestown, Johnston, Kingstree, Lake City, Lamar, Lancaster, Landrum, Lane, Latta, Lexington, Liberty, Little Mountain, Lodge, Loris, Lyman, Marion, McCall, Moneta, Mullins, Myrtle Beach, Newberry, North Augusta, Norway, Ocean Drive Beach, Orangeburg, Pelion, Pelzer, Pickens, Prosperity, Quinby, Ridgeland, Ridge Spring, Ridgeville, Rock Hill, St. George, St. Stephen, Salem, Salley, Scranton, Sharon, Simpsonville, Smoaks, Society Hill, Springfield, Sumter, Swansea, Timmonsville, Trenton, Union, Varnville, Walhalla, Walterboro, Ware Shoals, West Columbia, West Greenville, West Union, Westminster, Williams, Windy Hill Beach, Winnsboro and York there shall be no board of commissioners of public works but in. In these cities and towns, the duties, powers, and responsibilities vested in such boards in other cities and towns shall a board of commissioners of public works must be vested in the respective city or town councils council of such cities or towns, except that (a) in the cities of Marion and Newberry and in the town of Landrum, they shall must be vested in the mayor and aldermen,; (b) in the cities and towns of Beaufort, Bennettsville, Blackville, Branchville, Chesnee, Clio, Clover, Dillon, Due West, Hampton, Johnston, Kingstree, Lancaster, Myrtle Beach, North Augusta, Prosperity, Rock Hill, Salley, Union, Walhalla, West Columbia, West Union, and York, they shall must be vested in the mayor and city or town council or in the intendant and wardens, as the case may be, applicable; (d) (c) in the town of Winnsboro, they shall must be vested in the mayor and commissioners; and (e) (d) in the city of Forest Acres, they are devolved upon a director of public works until June 30, 1975, and thereafter are devolved upon the city council; and (e) in the city of Westminster, they are devolved upon the city council on July 1, 2005."
SECTION 2. This act takes effect upon approval by the Governor.
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