Current Status Introducing Body:House Bill Number:3800 Ratification Number:227 Act Number:145 Primary Sponsor:Spearman Type of Legislation:GB Subject:Public works commission, abolishment of Date Bill Passed both Bodies:19930520 Computer Document Number:WWW/30055DW.93 Governor's Action:S Date of Governor's Action:19930614 Introduced Date:19930331 Date of Last Amendment:19930512 Last History Body:------ Last History Date:19930614 Last History Type:Act No. 145 Scope of Legislation:Statewide All Sponsors:Spearman Sharpe Koon Sturkie Riser Wright Gamble Stuart Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 3800 ------ 19930614 Act No. 145 3800 ------ 19930614 Signed by Governor 3800 ------ 19930610 Ratified R 227 3800 House 19930520 Concurred in Senate amendment, enrolled for ratification 3800 Senate 19930513 Read third time, returned to House with amendment 3800 Senate 19930512 Amended, read second time, unanimous consent for third reading on Thursday, May 13, 1993 3800 Senate 19930506 Introduced, read first time, placed on Calendar without reference 3800 House 19930505 Read third time, sent to Senate 3800 House 19930504 Amended, read second time 3800 House 19930422 Debate adjourned until Tuesday, May 4, 1993 3800 House 19930414 Committee Report: Favorable 25 3800 House 19930331 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A145, R227, H3800)
AN ACT TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE IN THOSE MUNICIPALITIES CREATED AS A RESULT OF THE CONSOLIDATION OF TWO OR MORE MUNICIPALITIES AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
Be it enacted by the General Assembly of the State of South Carolina:
Abolition of commissions of public works
SECTION 1. Section 5-31-235 of the 1976 Code is amended to read:
"Section 5-31-235. (A) If the commissioners of public works unanimously, by resolution, petition the municipal council to abolish the commission, the municipal council may, after a public hearing, adopt an ordinance abolishing the commission of public works.
(B) The municipal council of any municipality shall, upon receiving a petition signed by thirty percent of the registered voters of the qualified voters of the municipality, call for a binding referendum to determine whether or not the Commission of Public Works must be abolished. The referendum must be held in accordance with the general election laws of this State. The question on the ballot must be as follows: `Shall the Commission of Public Works of the municipality of (name of the appropriate municipality) be abolished?'
(C) If a majority of the voters who vote in that referendum determines that the Commission of Public Works be abolished, then the municipal council shall adopt an ordinance abolishing the Commission of Public Works and the municipality shall assume all the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works. The Commission of Public Works shall cease to exist as of the date of the final passage of the ordinance abolishing it, and the municipality shall assume the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works at the same instant. The referendum provided for in subsection (B), whether successful or unsuccessful, may not be conducted more often than every thirty-six months.
(D) As an alternative to the procedure provided in subsections (B) and (C), a commission of public works may be abolished by an affirmative vote of a majority of the members of the commission transferring the rights, duties, responsibilities, assets, and liabilities of the former commission to a municipality. The transfer is effective when the municipality adopts an ordinance accepting the transfer.
(E) The provisions of subsections (B), (C), and (D) of this section apply only to a municipality which has been created as a result of the consolidation of two or more municipalities."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of June, 1993.