2005-2006 Bill 223: Westminster; Board of Commissioners of Public Works

South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

A22, R11, S223

STATUS INFORMATION

General Bill
Sponsors: Senator Alexander
Document Path: l:\s-jud\bills\alexander\jud0047.tca.doc

Introduced in the Senate on January 12, 2005
Introduced in the House on February 8, 2005
Last Amended on February 1, 2005
Passed by the General Assembly on February 22, 2005
Governor's Action: March 22, 2005, Signed

Summary: Westminster; Board of Commissioners of Public Works

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/12/2005  Senate  Introduced and read first time SJ-20
   1/12/2005  Senate  Referred to Committee on Judiciary SJ-20
   1/26/2005  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-24
   1/27/2005          Scrivener's error corrected
    2/1/2005  Senate  Amended SJ-17
    2/2/2005  Senate  Read second time SJ-30
    2/3/2005  Senate  Read third time and sent to House SJ-11
    2/8/2005  House   Introduced, read first time, placed on calendar without 
                        reference HJ-4
    2/9/2005  House   Debate adjourned until Tuesday, February 15, 2005 HJ-20
   2/15/2005  House   Read second time HJ-19
   2/16/2005  House   Debate adjourned until Tuesday, February 22, 2005 HJ-20
   2/22/2005  House   Read third time and enrolled HJ-11
   3/17/2005          Ratified R 11
   3/22/2005          Signed By Governor
   3/28/2005          Copies available
   3/28/2005          Effective date 03/22/05
   4/13/2005          Act No. 22

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/12/2005
1/26/2005
1/27/2005
2/1/2005
2/8/2005

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

(A22, R11, S223)

AN ACT 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.

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:

Powers, duties of commission devolved upon the City of Westminster

SECTION 1. Section 5-31-230 of the 1976 Code is amended to read:

"Section 5-31-230. The following cities and towns 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. In these cities and towns, the duties, powers, and responsibilities vested in a board of commissioners of public works must be vested in the respective city or town council, except that (a) in the cities of Marion and Newberry and in the town of Landrum, they 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 must be vested in the mayor and city or town council or in the intendant and wardens, as applicable; (c) in the town of Winnsboro, they must be vested in the mayor and commissioners; (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."

Time effective

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

Ratified the 17th day of March, 2005.

Approved the 22nd day of March, 2005.

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