South Carolina General Assembly
116th Session, 2005-2006
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
DateBodyAction Description with journal page number
1/12/2005SenateIntroduced and read first time SJ20
1/12/2005SenateReferred to Committee on JudiciarySJ20
1/26/2005SenateCommittee report: Favorable with amendment JudiciarySJ24
1/27/2005Scrivener's error corrected
2/1/2005SenateAmended SJ17
2/2/2005SenateRead second time SJ30
2/3/2005SenateRead third time and sent to House SJ11
2/8/2005HouseIntroduced, read first time, placed on calendar without reference HJ4
2/9/2005HouseDebate adjourned until Tuesday, February 15, 2005 HJ20
2/15/2005HouseRead second time HJ19
2/16/2005HouseDebate adjourned until Tuesday, February 22, 2005 HJ20
2/22/2005HouseRead third time and enrolled HJ11
3/17/2005Ratified R 11
3/22/2005Signed By Governor
3/28/2005Copies available
3/28/2005Effective date 03/22/05
4/13/2005Act No.22
VERSIONS OF THIS BILL
1/12/2005
1/26/2005
1/27/2005
2/1/2005
2/8/2005
(A22, R11, S223)
AN ACT TO AMEND SECTION 531230, 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 eightytwo in favor and two hundred fortynine 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
SECTION1.Section 531230 of the 1976 Code is amended to read:
“Section 531230. 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
SECTION2.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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