South Carolina General Assembly
111th Session, 1995-1996

Bill 1395

                    Current Status

Bill Number:                    1395
Ratification Number:            375
Act Number:                     338
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19960425
Primary Sponsor:                Courtney 
All Sponsors:                   Courtney 
Drafted Document Number:        JUD6079.CTC
Date Bill Passed both Bodies:   19960509
Governor's Action:              S
Date of Governor's Action:      19960520
Subject:                        Minicipal corporation, articles of
                                incorporation, adoption
History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960530  Act No. A338
------  19960520  Signed by Governor
------  19960514  Ratified R375
House   19960509  Read third time, enrolled for
                  ratification
House   19960508  Read second time
House   19960507  Debate adjourned until
                  Wednesday, 19960508
House   19960501  Recalled from Committee                  25 HJ
House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960429  Read third time, sent to House
Senate  19960426  Read second time
Senate  19960425  Unanimous consent for second
                  and third reading on the next two
                  consecutive Legislative days
Senate  19960425  Introduced, read first time,
                  placed on Calendar without reference
View additional legislative information at the LPITS web site.

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

(A338, R375, S1395)

AN ACT TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.

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

Reinstatement of articles of incorporation

SECTION 1. Section 5-5-10 of the 1976 Code is amended by adding at the end:

"If a municipality failed to adopt one of the above forms of government within fifteen months of December 31, 1977, it shall be considered to have forfeited its articles of incorporation, until such time as the municipality adopts one of these forms of government and certifies the adoption to the office of the Secretary of State. Upon certification by the governing body of the municipality of the adoption of one of the forms of government to the office of the Secretary of State, the articles of incorporation for the municipality shall be reinstated. All actions taken by the governing body municipality during the period of forfeiture shall be deemed to have been ratified by the governing body of the municipality upon reinstatement of the articles of incorporation. The reinstating municipality must not be contiguous to any existing municipality."

Time effective

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

Approved the 20th day of May, 1996.