South Carolina General Assembly
116th Session, 2005-2006

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Bill 961

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 1, 2006

S. 961

Introduced by Senators McConnell, Ford and Knotts

S. Printed 2/1/06--S.

Read the first time January 10, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 961) to amend Section 5-1-30, as amended, Code of Laws of South Carolina, 1976, relating to the prerequisites to issuance of a corporate certificate to a proposed, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/    A BILL

TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.

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

SECTION    1.    Section 5-1-30(A)(5) of the 1976 Code, as amended by Act 77 of 2005, is amended to read:

"(5)    the area seeking to be incorporated has filed a proposal for providing either directly or by contract a minimum level of law enforcement services as required in regulations promulgated by the State Law Enforcement Division. If law enforcement services are by contract, the proposal must indicate which governmental entity provides the service and the estimated compensation for the service indirectly a substantially similar level of law enforcement services to the area's existing law enforcement coverage prior to seeking incorporation; and"

SECTION    2.    By passing this act, the General Assembly intends and declares that any regulations passed by the State Law Enforcement Division to comply with the requirements of Act 77 of 2005 do not for any past, present, or future time represent or establish any minimum level of law enforcement service requirements for existing municipalities or towns or areas seeking to incorporate as municipalities or towns.

SECTION    3.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

A BILL

TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO PROVIDE THAT THE AREA SEEKING TO BE INCORPORATED MEETS THE REQUIREMENT OF PROPOSING A MINIMUM LEVEL OF LAW ENFORCEMENT SERVICES IF THE PROPOSAL DESCRIBES HOW THE AREA SHALL PROVIDE SERVICES IN EQUAL OR GREATER LEVELS TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.

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

SECTION    1.    Section 5-1-30(A)(5) of the 1976 Code, as amended by Act 77 of 2005, is amended to read:

"(5)    the area seeking to be incorporated has filed a proposal for providing either directly or by contract a minimum level of law enforcement services (a) as required in regulations promulgated by the State Law Enforcement Division, or (b) by describing in the proposal how the area shall provide law enforcement services in equal or greater levels to the area's existing law enforcement coverage prior to seeking incorporation. If law enforcement services are by contract, the proposal must indicate which governmental entity provides the service and the estimated compensation for the service; and"

SECTION    2.    This act takes effect upon approval by the Governor.

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