2015-2016 Bill 3714: Incorporation of Municipalities - South Carolina Legislature Online

1 South Carolina General Assembly 2 121st Session, 2015-2016 3 4 H. 3714 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Duckworth, Clemmons, Hardwick, Hardee, H.A. Crawford, Kennedy, Johnson, 10 Goldfinch, Erickson, Allison, Lucas, Bowers, Collins, Gagnon, Herbkersman, Hixon, Long, Lowe, Pope 11 and Rivers 12 Document Path: l:\council\bills\agm\18519ab15.docx 13 Companion/Similar bill(s): 163 14 15 Introduced in the House on February 25, 2015 16 Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs 17 18 Summary: Incorporation of municipalities 19 20 21 HISTORY OF LEGISLATIVE ACTIONS 22 23 Date Body Action Description with journal page number 24 2/25/2015 House Introduced and read first time ( House Journalpage 7) 25 2/25/2015 House Referred to Committee on Medical, Military, Public and Municipal Affairs 26 ( House Journalpage 7) 27 28 View the latest legislative information at the website 29 30 31 VERSIONS OF THIS BILL 32 33 2/25/2015 34 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 5 SO 13 AS TO PROVIDE THAT A MUNICIPALITY WHOSE 14 POPULATION DROPS BELOW THREE HUNDRED MUST 15 SHOW THAT IT IS MAINTAINING MUNICIPAL SERVICES 16 AT AN ADEQUATE LEVEL TO MAINTAIN ITS 17 CERTIFICATE OF INCORPORATION, TO PROVIDE THAT A 18 REVIEW OF A MUNICIPALITY’S CERTIFICATE OF 19 INCORPORATION MAY BE INITIATED BY THE COUNTY 20 LEGISLATIVE DELEGATION, AND TO PROVIDE FOR THE 21 REVIEW AND DETERMINATION PROCESS; AND TO 22 AMEND SECTION 5126, RELATING TO THE DUTIES OF 23 THE JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL 24 INCORPORATION, SO AS TO PROVIDE THE COMMITTEE 25 WITH ADDITIONAL DUTIES RELATED TO THE REVIEW 26 OF MUNICIPAL CERTIFICATES OF INCORPORATION; AND 27 TO DESIGNATE SECTIONS 5-1-10 THROUGH 5-1-110 AS 28 ARTICLE 1, CHAPTER 1, TITLE 5, ENTITLED “THE 29 MUNICIPAL INCORPORATION PROCESS”. 30 31 Be it enacted by the General Assembly of the State of South 32 Carolina: 33 34 SECTION 1. Chapter 1, Title 5 of the 1976 Code is amended by 35 adding: 36 37 “Article 3 38 39 Municipal Certificate of Incorporation Review 40 41 Section 51300. (A) When following its incorporation, a 42 municipality’s population has decreased to less than three hundred

[3714] 2 1 inhabitants according to the latest official United States Census, a 2 municipality must file with the Secretary of State an application 3 for the continuance of the municipality’s certificate of 4 incorporation. The application with the Secretary of State must be 5 filed no later than ninety days after the official release date of the 6 latest official United States Census and must contain: 7 (1) the municipality’s population density per square mile 8 according to the latest official United States Census; 9 (2) documentation concerning the municipality’s fulfillment 10 of the law enforcement requirement contained in Section 5130(5); 11 (3) a complete list of the municipal services provided by the 12 municipality, including, but not limited to, those identified in 13 Section 5130(6) and documentation relating to delivery of those 14 services; and 15 (4) the results of the independent annual audit required 16 pursuant to Section 57240 for the previous ten years. 17 (B) Upon receipt of an application filed pursuant to this section, 18 the Secretary of State shall transfer a copy of the application to the 19 Joint Legislative Committee on Municipal Incorporation for 20 review. 21 (C) A municipality that fails to timely file an application for 22 continuance of its certificate of incorporation shall have its 23 certificate of incorporation automatically suspended. A certificate 24 suspended under this subsection shall remain suspended until the 25 municipality undergoes a review as provided in this article. 26 27 Section 51310. (A) Regardless of a municipality’s population, 28 the county legislative delegation of the county in which a 29 municipality is located also may initiate a review of the 30 municipality’s certificate of incorporation upon the weighted 31 majority vote of the delegation. Upon voting to initiate a review, 32 the delegation shall provide the Secretary of State, the 33 municipality’s governing body, and the Joint Legislative 34 Committee on Municipal Incorporation with written notice of its 35 action. 36 (B) Upon receiving notice of the action of the legislative 37 delegation to initiate a review of the municipality’s certificate of 38 incorporation, within ninety days the municipality must transmit to 39 the Secretary of State and the joint legislative committee the 40 information required in Section 51300(A)(1), (2), and (3). 41 42 Section 51320. (A) Upon receiving notice that a review is 43 being initiated, the joint legislative committee shall meet to

[3714] 3 1 consider the information provided by the municipality. The joint 2 legislative committee also may receive and consider testimony and 3 other evidence or information related to the municipality’s 4 provision of law enforcement and municipal services. 5 (B) The joint legislative committee shall make a written 6 recommendation to the Secretary of State concerning the 7 continuation of the municipality’s certificate of incorporation. 8 (C) The Secretary of State shall provide the governing body of 9 the municipality with a copy of the committee’s written decision. 10 11 Section 51330. (A) After receipt of a recommendation from 12 the joint legislative committee, the Secretary of State shall 13 determine whether the municipality is adequately providing the 14 services identified by the municipality as being met in Section 15 51300(A)(1), (2), and (3). 16 (B)(1) Upon a determination that the level of services provided 17 are not adequate, then the certificate of incorporation is forfeited 18 and void. 19 (2) Upon a determination that the level of services provided 20 are adequate, the certificate of incorporation shall be continued 21 with the same rights, privileges, duties, and responsibilities of all 22 other certificates of incorporation.” 23 24 SECTION 2. Section 5126(A) of the 1976 Code, as added by Act 25 77 of 2005, is amended to read: 26 27 “Section 5126. (A) The Joint Legislative Committee on 28 Municipal Incorporation is created to review the: 29 (1) petition and documentation submitted by an area seeking 30 municipal incorporation and to make a recommendation to the 31 Secretary of State whether the area meets the minimum service 32 standard incorporation requirements as provided in Section 5130.; 33 and 34 (2) documentation submitted concerning the continuation of 35 a municipality’s certificate of incorporation and to make a 36 recommendation to the Secretary of State whether the municipality 37 is providing an adequate level of municipal services to warrant the 38 continuation of its certificate of incorporation.” 39 40 SECTION 3. Sections 5110 through 51110 of the 1976 Code are 41 designated as Article 1, Chapter 1, Title 5 entitled “The Municipal 42 Incorporation Process”. The Code Commissioner is directed to

[3714] 4 1 change references from “chapter” to “article” as appropriate to 2 reflect the redesignated provisions. 3 4 SECTION 4. This act takes effect upon approval by the 5 Governor. 6 XX 7

[3714] 5