reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-330. Membership; appointment; terms of office; compensation and expenses; petition and hearing concerning representation.

The Commission shall not exceed twenty-seven members and shall be so constituted that (1) one third of the members of the Commission are public officials, or their representatives, unless the number of such officials reasonably available or willing to serve is less than one third of the membership of the Commission; (2) at least one third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served; and (3) the remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the counties. Each member of the Commission selected to represent a specific geographic area within the counties must reside in the area he represents and at least ten qualified electors of each county shall be members of the commission.
All members shall be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations from Berkeley and Dorchester Counties, including the Senators representing the districts of which these counties are a part. The members shall serve without compensation but shall be allowed the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.
Any petition containing two hundred signatures of persons who feel that they are inadequately represented on the Commission shall require a prompt and fair hearing by the Commission. Upon receipt of such a petition, a description of the action taken to insure a prompt and fair hearing to the petitioners, and a statement of any action taken as a result of such a petition shall be promptly recorded in the records of the Commission.
HISTORY: 1962 Code Section 14-700.13; 1973 (58) 150.
Editor's Note
In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-340. Terms of office; vacancies.

The term of office of the members of the Commission shall be for two years or until their successors are appointed and qualify. In the event of a vacancy in the membership of the Commission, a successor for the unexpired portion of the term shall be appointed in the same manner as provided for the original appointments.
HISTORY: 1962 Code Section 14-700.14; 1973 (58) 150.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-350. Officers; record of members.

Immediately upon the appointment of the Commission, it shall organize by electing one of its members as chairman, a second as vice-chairman and a third as secretary-treasurer. The Commission shall file a record of its members in the offices of the clerks of court of the respective counties.
HISTORY: 1962 Code Section 14-700.15; 1973 (58) 150.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-370. Commission property exempt from certain taxes.

All property of the Commission shall be exempt from all ad valorem taxes levied by Berkeley and Dorchester Counties or municipalities therein, or any division, subdivision or agency thereof, directly or indirectly.
HISTORY: 1962 Code Section 14-700.17; 1973 (58) 150.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-380. Conduct of affairs; fiscal year; audit.

The Commission shall conduct its affairs on the fiscal year basis employed by Berkeley County. As shortly after the close of its fiscal year as may be practicable an audit of its affairs shall be made by a certified public accountant in good standing, to be designated by the Commission. Copies of such audit, incorporated into an annual report of the Commission, shall be filed annually with the legislative delegations from Berkeley and Dorchester Counties.
HISTORY: 1962 Code Section 14-700.18; 1973 (58) 150.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 31 - Joint County Economic Opportunity Commissions › Section 4-31-390. When action may be taken.

Any action required of the Commission may be taken at any regular or special meeting, and at such meeting a majority of the members shall constitute a quorum.
HISTORY: 1962 Code Section 14-700.19; 1973 (58) 150.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 33 - County Fairs › Section 4-33-10. Authorization for educational exhibits.

The Commissioner of Agriculture, who is the authorized custodian of the State exhibit property, and the Department of Health and Environmental Control shall, whenever application is made to either or both by the officials of county fairs held in the State and upon the guarantee by such officials of all expenses connected with the undertaking, prepare and send to such fairs exhibits of such educational character as will be instructive and beneficial to the people attending the fairs.
HISTORY: 1962 Code Section 14-651; 1952 Code Section 14-651; 1942 Code Section 3247; 1932 Code Section 3247; Civ. C. '22 Section 953; 1915 (29) 93; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 33 - County Fairs › Section 4-33-20. Demonstrators shall be assigned to educational exhibits.

The Commissioner of Agriculture and the Department of Health and Environmental Control shall send in charge of these exhibits demonstrators competent to explain fully to visitors at the fairs the educational value of such exhibits.
HISTORY: 1962 Code Section 14-652; 1952 Code Section 14-652; 1942 Code Section 3248; 1932 Code Section 3248; Civ. C. '22 Section 954; 1915 (29) 93; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 33 - County Fairs › Section 4-33-30. Demonstrators may be persons employed for other purposes; expenses.

The Commissioner of Agriculture and the Department of Health and Environmental Control may detail necessary men to this service, though they may be employed and paid for other purposes, and may expend such funds as may be at their command and as may be necessary to prepare and arrange the exhibits contemplated by Section 4-33-10.
HISTORY: 1962 Code Section 14-653; 1952 Code Section 14-653; 1942 Code Section 3249; 1932 Code Section 3249; Civ. C. '22 Section 955; 1915 (29) 93; 1936 (39) 1615; 1941 (42) 119.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-10. Short title; counties authorized to exercise powers and provisions.

This chapter may be cited as the "County Public Works Improvement Act". A county may exercise the powers and provisions of this chapter.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-20. Authorizations constitute cumulative and alternative powers.

Nothing contained in this chapter may be construed to limit or restrict the powers of a county. The authorization provided in this chapter is cumulative to those powers and is provided as an alternate means for the provision of public works projects.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-40. Powers of governing body with respect to improvements; means of financing.

The governing body is authorized to acquire, own, construct, establish, enlarge, improve, expand, operate, maintain and repair, and sell, lease, and otherwise dispose of an improvement and to finance the acquisition, construction, establishment, enlargement, improvement, expansion, operation, maintenance and repair, in whole or in part, by the imposition of assessments in accordance with this chapter and through the issuance of special district bonds, general obligation bonds of the county, or revenue bonds of the county, from general revenues from any source not restricted from that use by law, or by a combination of the funding sources.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993; 1998 Act No. 389, Section 2, eff June 15, 1998.
Effect of Amendment
The 1998 amendment deleted "install," preceding "enlarge", deleted "installation," preceding "enlargement", substituted "and through the issuance of special district bonds" for "by special district bonds", inserted "or revenue bonds of the county", and made nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-50. Requisites for establishment of improvement district; power to implement and finance improvement plan.

(A) If the governing body finds that (1) improvements may be beneficial within a designated improvement district, (2) the improvements may preserve property values within the district, (3) in the absence of the improvements, property values within the area would likely depreciate, (4) it would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property located within the district, and (5) written consent for the creation of the improvement district from a majority of the owners of real property within the district and having an aggregate assessed value in excess of sixty-six percent of the assessed value of all real property within the improvement district has been obtained, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter.
(B) Instead of items (A)(2) and (A)(3), the governing body may find that the improvements are likely significantly to improve property values within the district by promoting the development of the property.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993; 1998 Act No. 389, Section 3, eff June 15, 1998.
Effect of Amendment
The 1998 amendment designated the existing text as subsection (A) and made nonsubstantive changes within that text; and added subsection (B).
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-60. Resolution describing improvement district and plan, including costs and assessments; establishing time and place of hearing.

The governing body, by resolution, shall describe the improvement district and the improvement plan to be affected in it, including property within the improvement district to be acquired and improved, the projected time schedule for the accomplishment of the improvement plan, the estimated cost and the amount of the cost to be derived from assessments, bonds, or other general funds, together with the proposed basis and rates of assessments to be imposed within the improvement district. The resolution also must establish the time and place of a public hearing to be held but the public hearing may not take place sooner than thirty days nor more than forty-five days following the adoption of the resolution.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-70. Publication of resolution providing for improvement district; public hearing.

A resolution providing for an improvement district, when adopted, must be published once a week for three successive weeks in a newspaper of general circulation within the county and the final publication must be at least ten days before the date of the scheduled public hearing. At the public hearing and at any adjournment of it, all interested persons may be heard either in person or by their designees.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-80. Improvements financed through assessments, bonds, general revenues, or combination of sources.

The governing body may provide by the resolution for the payment of the cost of the improvements and facilities to be constructed within the improvement district by assessments on the property as defined in Section 4-35-30, by the issuance of special district bonds, revenue bonds, or general obligation bonds of the county, from general revenues from a source not restricted from that use by law, or from a combination of the financing sources as may be provided in the improvement plan. The governing body may use the provisions of Chapter 21, Title 6 to issue revenue bonds, and any assessments authorized by this chapter are revenues of the system for that purpose.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993; 1998 Act No. 389, Section 4, eff June 15, 1998.
Effect of Amendment
The 1998 amendment, in the first sentence, inserted the reference to revenue bonds; and added the second sentence relating to the issuance of revenue bonds under the provisions of Chapter 21, Title 6.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-90. Financing discretionary with governing body; assessment rates may vary.

The financing of improvements by assessment, bonds, or other revenues, and the proportions of them, must be in the discretion of the governing body, and the rates of assessments upon property owners within the improvement district need not be uniform but may vary in proportion to improvements made immediately adjacent to or abutting upon the property of each owner in the district as well as other bases as provided in Section 4-35-30.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-100. Preparation of assessment roll.

If all or a part of improvements and facilities within the district are to be financed by assessments on property in it, the governing body shall prepare an assessment roll in which there must be entered the names of the persons whose properties are to be assessed and the amount assessed against their respective properties with a brief description of the lots or parcels of land assessed.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-110. Notice of improvement and assessment; statement of lien; time and place for hearing; opportunity to file written objection; failure to file objection constitutes consent.

As soon as practicable after the completion of the assessment roll provided in Section 4-35-100, the governing body shall mail by registered or certified mail, return receipt requested, to the owner or owners of each lot or parcel of land against which an assessment is to be levied, at the address appearing on the records of the county treasurer, a notice stating the nature of the improvement, the total proposed cost of it, the amount to be assessed against the particular property, and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice must contain a brief description of the particular property involved, together with a statement that the amount assessed constitutes a lien against the property superior to all other liens except property taxes. The notice also must state the time and place fixed for the hearing of objections in respect to the assessment. A property owner who fails to file with the county council a written objection to the assessment against his property within the time provided for hearing the objections is considered to have consented to the assessment, and the published and written notices prescribed in this chapter shall so state.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-120. Hearing of objections and supporting proof; corrections to assessment; confirmation of roll; filing of copy; lien created; assessment and collection together with property taxes.

The governing body shall hear the objection as provided in this chapter of all persons who file written notice of objection within the time prescribed and who may appear and make proof in relation to the objection, either in person or by their attorney. The governing body, at the sessions held to make final decisions on objections, may make corrections in the assessment roll as it considers proper and confirm them, or set it aside and provide for a new assessment. Whenever the governing body confirms an assessment, either as originally prepared or as corrected later, a copy of it must be filed in the office of the clerk of court, and from the time of filing the assessment impressed in the assessment roll constitutes and is a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and must be annually assessed and collected with the property taxes on it.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-130. Mailing of notice of confirmation to persons who filed objections; appeal to court; hearing; effect.

Upon the confirmation of an assessment, if any, the governing body shall mail a written notice to all persons who have filed written objections as provided in this chapter of the amount of the assessment finally confirmed. The property owner may appeal the assessment only if he, within twenty days after the mailing of the notice to him confirming the assessment, gives written notice to the governing body of his intent to appeal his assessment to the court of common pleas of the county in which the property is situate, but no such appeal delays or stays the construction of improvements or affect the validity of the assessments confirmed and not appealed. Appeals must be heard and determined on the record in the manner of appeals from administrative bodies in this State.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-140. Creation of improvement district by ordinance; filing.

Not sooner than ten days nor more than one hundred twenty days following the conclusion of the public hearing provided in Section 4-35-60, the governing body, by ordinance, may provide for the creation of the improvement district as originally proposed or with changes and modifications the governing body may determine, and provide for the financing by assessment, bonds, or other revenues as provided in this chapter. The ordinance may incorporate by reference plats and engineering reports and other data on file in the office of the county. The place of filing and reasonable hours for inspection must be made available to all interested persons.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-150. Improvement ownership, removal, additions, and alterations; special assessments.

The improvements as defined in Section 4-35-30 must be owned by the county, the State, or another public entity for the benefit of the citizens and residents of the improvement district or the entity owning the improvement, and at any time may be removed, altered, changed, or added to, as the governing body of the owner may determine except that during the continuance or maintenance of the improvements, the special assessments on property may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993; 1999 Act No. 114, Section 6, eff 20 days after approval by Governor (approved June 30, 1999).
Effect of Amendment
The 1999 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 35 - County Public Works Improvement Act › Section 4-35-160. Abolition of district; notice and hearing.

The governing body may by ordinance abolish the improvement district if there is no outstanding public debt for which assessments have been imposed on property within the improvement district for the payment of the debt. The governing body must first conduct a public hearing. Notice of the hearing must appear in a newspaper of general circulation in the improvement district two weeks before the hearing is held.
HISTORY: 1993 Act No. 99, Section 1, eff June 15, 1993.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 37 - Optional Methods For Financing Transportation Facilities › Section 4-37-10. Transportation authority; establishment; membership.

(A) Subject to requirements of this chapter and the referendum described in Section 4-37-30, the governing body of a county may by ordinance establish a transportation authority with all of the rights and powers described in Section 4-37-20. If, pursuant to this section, a county chooses to finance all of the cost of highways, roads, streets, bridges, and other transportation-related projects and elects to create an authority for that purpose, the members of the authority board must be appointed by the county governing body in the manner it determines.
(B) If a county chooses to enter into a partnership, consortium, or other contractual arrangement with one or more other governmental entities and if the parties choose to form an authority for such purpose, those other governmental entities must have one or more designated appointees on the authority board as provided in an intergovernmental agreement to be entered into by the parties. In order for a county to enter into the formation of an authority, partnership, consortium, or other intergovernmental agreement pursuant to the provisions of this chapter with other counties, a referendum on the action must be held by each county and the referendum must be approved by each and every separate county and together.
(C) For purposes of this chapter "governmental entity" is a county in South Carolina, or the State of South Carolina and its departments and agencies.
(D) The existence of any authority created pursuant to this chapter must terminate not later than twelve months after a sales and use tax or toll authorized by this chapter terminates.
HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995).
Editor's Note
1995 Act No. 52, Section 1, provides as follows:
"SECTION 1. In furtherance of the powers granted to the counties of this State pursuant to the provisions of Section 4-9-30, and Section 6-21-10 et seq., of the 1976 Code, each of the counties of this State is authorized to establish transportation authorities and to finance, following the public hearing and referendum required in this act, the cost of acquiring, designing, constructing, equipping and operating highways, roads, streets, and bridges, and other transportation-related projects, either alone or in partnership with other governmental entities including, but not limited to, the South Carolina Department of Transportation."
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 37 - Optional Methods For Financing Transportation Facilities › Section 4-37-20. Rights and powers of transportation authority.

The board of the authority has all the rights and powers of a public body, politic and corporate of this State, including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers including, but not limited to, the following rights and powers:
(1) to have perpetual succession;
(2) to sue and be sued;
(3) to adopt, use, and alter a seal;
(4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(5) to acquire by gift, deed or easement, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority;
(6) to borrow money, make and issue notes, bonds, and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or revenues;
(7) to make contracts, including service contracts with a person, corporation, or partnership including, without limitation, the South Carolina Department of Transportation, to provide the facilities and services provided herein; and
(8) execute all instruments necessary or convenient for the carrying out of business.
The board of the authority is not authorized to exercise the powers of eminent domain; however, it may recommend to the county governing body that property be acquired through eminent domain. The county governing body must determine if the property is to be acquired through eminent domain and, if so, to commence the eminent domain proceedings.
HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995); 1997 Act No. 122, Section 2, eff June 13, 1997.
Effect of Amendment
The 1997 amendment deleted former clause (8); redesignated former clause (9) as clause (8); and added the second paragraph.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 37 - Optional Methods For Financing Transportation Facilities › Section 4-37-25. Transportation authority; procurement methods and requirements.

An authority created pursuant to this chapter must comply with Section 11-35-5320. When procuring the construction, maintenance, and repair of bridges, highways, and roads, an authority must use the same procurement methods and apply the same procurement requirements used by and applied to the South Carolina Department of Transportation in the construction, maintenance, and repair of bridges, highways, and roads including the provisions of Section 12-27-1320 except that when applying Section 12-27-1320, the contracting entity may meet the expenditures standards of Section 12-27-1320 by either direct or indirect contracts. For purposes of this provision, "contracting entity" includes a governmental body and a private entity with which a governmental body contracts for the construction, maintenance, and repair of bridges, highways, and roads.
HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995).
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 37 - Optional Methods For Financing Transportation Facilities › Section 4-37-40. Limitation on sales tax rate.

At no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this chapter or pursuant to any local legislation enacted by the General Assembly.
HISTORY: 1995 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature May 18, 1995); 2000 Act No. 368, Section 2, eff June 14, 2000; 2022 Act No. 189 (H.3948), Section 2, eff May 16, 2022.
Effect of Amendment
The 2000 amendment rewrote this section.
2022 Act No. 189, Section 2, deleted ", Article 3, Chapter 10 of this title," following "pursuant to this chapter".
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 37 - Optional Methods For Financing Transportation Facilities › Section 4-37-50. Unidentified funds; transfer and supplemental distributions.

Annually, and only in the month of June, funds collected by the department from the local option transportation facility tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer shall calculate this supplemental distribution on a proportional basis, based on the current fiscal year's county area revenue collections.
HISTORY: 1999 Act No. 93, Section 7, eff June 11, 1999.
2023 South Carolina Code of Laws › Title 4 - Counties › Chapter 37 - Optional Methods For Financing Transportation Facilities › Section 4-37-60. Additional sales and use tax not exceeding one percent.

Notwithstanding Sections 4-10-310 and 4-37-40, or any other provision of law, a county which has imposed by ordinance a sales and use tax in an amount not to exceed one percent within its jurisdiction pursuant to this chapter may utilize the provisions of Article 3, Chapter 10, Title 4 to impose an additional sales and use tax in an amount not to exceed one percent within its jurisdiction.
HISTORY: 2022 Act No. 189 (H.3948), Section 1, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-10. Certified municipalities and established townships declared perpetual bodies politic and corporate.

(A) A municipality having a certificate of incorporation issued by the Secretary of State and a township established by act of the General Assembly are declared to be perpetual bodies, politic and corporate, entitled to exercise all the powers and privileges provided for municipal corporations in this State, and subject to all the limitations and liabilities provided for municipal corporations in this State.
(B) The incorporation or corporate capacity of a municipality or township established by act of the General Assembly must not be attacked in any court in this State except as provided by statute.
HISTORY: 1962 Code Section 47-1; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment designated subsections (A) and (B); in subsection (A), added "provided for municipal corporations in this State" following "privileges"; and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-20. Definitions.

As used in Chapters 1 through 17 of this title, unless the context clearly indicates otherwise:
(1) "Municipality" means a city or town issued a certificate of incorporation, or township created by act of the General Assembly.
(2) "Publicly-owned property" means any federally-owned, state-owned, or county-owned land or water area.
HISTORY: 1962 Code Section 47-10.1; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment rewrote the introductory statement, designated paragraphs (1) and (2), made nonsubstantive language changes in paragraph (1), and added paragraph (2).
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-22. Public policy for incorporation of publicly-owned property established.

The General Assembly finds and declares the following to be the public policy of the State of South Carolina:
(1) publicly-owned property may be incorporated or annexed by a municipality as provided by the state's statutory law; however, publicly-owned property is for the benefit of all citizens of the State and is not the exclusive territory of any one municipality; and
(2) incorporation or annexation of publicly-owned property does not confer or convey to a municipality control over the publicly-owned property that in any way:
(a) interferes with the superior authority of the federal, state, or county government; or
(b) prevents an area seeking to be incorporated from using the publicly- owned property to establish contiguity as provided in Section 5-1-30(A)(4).
HISTORY: 2005 Act No. 77, Section 1, eff July 1, 2005.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-24. Application for incorporation; contents; review.

(A) After June 30, 2005, citizens of an area seeking municipal incorporation shall file an application for incorporation with the Secretary of State's office containing:
(1) a petition setting out the corporate limits proposed for the municipality and the number of inhabitants residing within the proposed corporate limits, and signed by fifteen percent of the qualified electors who reside within the proposed municipality; and
(2) documentation concerning the minimum service standard incorporation requirements as provided in Section 5-1-30.
(B) Upon receipt of a filing for a proposed municipal incorporation, the Secretary of State shall transfer a copy of the filing to the Joint Legislative Committee on Municipal Incorporation for review.
HISTORY: 2005 Act No. 77, Section 1, eff July 1, 2005.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-26. Joint Legislative Committee on Municipal Incorporation created; membership; terms; chairman; committee staff.

(A) The Joint Legislative Committee on Municipal Incorporation is created to review the petition and documentation submitted by an area seeking municipal incorporation and to make a recommendation to the Secretary of State whether the area meets the minimum service standard incorporation requirements as provided in Section 5-1-30.
(B) The committee consists of seven members:
(1) two Senators appointed by the President of the Senate;
(2) two members of the House of Representatives appointed by the Speaker of the House of Representatives;
(3) one person appointed by the Governor;
(4) one city manager or elected city official appointed by the President of the Senate from a list of three persons recommended by the Municipal Association of South Carolina; and
(5) one county council member or county manager or administrator appointed by the Speaker of the House of Representatives from a list of three persons recommended by the South Carolina Association of Counties.
(C) The members are appointed to serve terms of two years, initially beginning on July 1, 2005, and until their successors are appointed and qualify. A vacancy must be filled in the same manner as the original appointment for the unexpired term.
(D) The committee shall elect a chairman from its membership for a one-year term. The position of chairman rotates among the members.
(E) The committee meets at times and places as it may determine.
(F) Staff for the committee must be provided by the President of the Senate and Speaker of the House of Representatives.
HISTORY: 2005 Act No. 77, Section 1, eff July 1, 2005; 2019 Act No. 1 (S.2), Sections 29.A, 29.B, 30, eff January 31, 2019.
Editor's Note
2005 Act No. 77, Section 3, provides as follows:
"The provisions of this act take effect July 1, 2005; however, the appointment of the members of the Joint Legislative Committee on Municipal Incorporation may be made upon signature by the Governor."
Effect of Amendment
2019 Act No. 1, Section 29.A, in (B)(1), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2019 Act No. 1, Section 29.B, in (B)(4), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2019 Act No. 1, Section 30, in (F), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-40. Joint Legislative Committee on Municipal Incorporation recommendation; submission of subsequent application.

(A) The Joint Legislative Committee on Municipal Incorporation shall return the copy of filing to the Secretary of State with a written decision of its recommendation concerning the application for municipal incorporation.
(B) The Secretary of State shall provide the applicant with a copy of the committee's written decision.
(C) A recommendation by the committee or a determination by the Secretary of State that the requirements of Section 5-1-30 have not been met does not preclude the area seeking from submitting a subsequent application.
HISTORY: 1962 Code Section 47-3; 1975 (59) 692; 2000 Act No. 250, Section 2; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-50. Issuance of commission by Secretary of State authorizing incorporation election; questions to be voted on; initial governing body.

(A)(1) After receipt of a recommendation from the Joint Legislative Committee on Municipal Incorporation, the Secretary of State shall determine whether the requirements of Section 5-1-30 have been met. If the Secretary of State determines that the requirements of Section 5-1-30 have been met, he shall issue to three or more persons residing in the area of the proposed municipality, a commission empowering them to:
(a) hold an election not less than twenty days nor more than ninety days after the issuance of the commission; and
(b) appoint three managers of election who shall conduct the election.
(2) Notice of the election must be published in a newspaper of general circulation in the community or by posting in three public places within the area sought to be incorporated which contains detailed information concerning the election. The notice must be published or posted not less than five nor more than fifteen days before the date of the election.
(B)(1) At such election, all registered electors living in the area sought to be incorporated must be allowed to vote on the following questions:
(a) incorporation;
(b) name of the municipality;
(c) the form of government;
(d) method of election as prescribed in Section 5-15-20;
(e) whether the election is partisan or nonpartisan; and
(f) the terms of the mayor and council members.
(2) When any of the above questions proposed in an election contain more than two options, the option receiving the highest number of votes will prevail.
(3) If a community votes in favor of incorporation pursuant to this section and selects a form of government in an election, notwithstanding the results of the selections made by the voters as to questions (d), (e), and (f) in item (1) of this subsection, the initial governing body of the incorporated municipality consists of four council members and a mayor, all elected at large in a nonpartisan election for terms of two years.
(C) The managers of election shall conduct the election, unless otherwise provided for in this chapter, according to the general law governing the conduct of special elections mutatis mutandi.
HISTORY: 1962 Code Section 47-4; 1975 (59) 692; 1977 Act No. 152; 2005 Act No. 77, Section 1, eff July 1, 2005.
Editor's Note
It would appear that the word "or" should appear in the second sentence of the first paragraph of this section between the words "community by."
Effect of Amendment
The 2005 amendment designated the subsections; rewrote subsection (A)(1) to provide for the recommendation of the Joint Legislative Committee on Municipal Incorporation and determination by the Secretary of State as to whether the requirements of Section 5-1-30 have been met; and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-60. Election managers' sworn returns of election results.

The managers of the election shall make their sworn returns of the result of the election to the commissioners. The returns must show the total number of those voting in the election, together with the number of those voting on each question proposed.
HISTORY: 1962 Code Section 47-5; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-70. Certification of results by commissioners; issuance of certificate of incorporation by Secretary of State.

The commissioners shall certify the result of the election under oath to the Secretary of State, and if the result is in favor of incorporation, the Secretary of State shall issue a certificate of incorporation to the municipality and the municipality has all the privileges, powers, and immunities and are subject to the limitations provided by law.
HISTORY: 1962 Code Section 47-6; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-80. Incorporation fees.

Before delivery of a certificate of incorporation, the Secretary of State shall require the production of a receipt from the State Treasurer for the payment of the following incorporation fees for municipalities with a population:
(1) of one thousand or less, one hundred dollars;
(2) between one thousand and five thousand, three hundred dollars;
(3) over five thousand, six hundred dollars.
HISTORY: 1962 Code Section 47-7; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment made nonsubstantive language and format changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-90. Certificate of incorporation effective upon election of municipal officers.

The certificate of incorporation must be issued to the commissioners who immediately shall provide for the election of municipal officers pursuant to Chapter 15 and in accordance with the certificate as to form of government. Until the municipal officers are elected and qualify, the certificate of incorporation does not become effective and the powers of the municipality must be exercised only by the municipal council when the municipal council is created by election.
HISTORY: 1962 Code Section 47-8; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-100. Forfeiture, surrender or cancellation of certificate.

(A) When following its incorporation a municipality's population has decreased to less than fifty inhabitants, the certificate of the municipality must be automatically forfeited and void. If a majority of the registered electors of a municipality files a petition requesting the municipal certificate be surrendered with the municipal council, the council shall order an election to determine the question, at which election all qualified electors of the municipality must be permitted to vote, and if two-thirds of those voting vote in favor of surrendering the certificate, the council shall certify the result to the Secretary of State, who shall cancel the certificate issued to the municipality.
(B) If the Secretary of State determines that any previously incorporated municipality is neither performing municipal services nor collecting taxes or other revenues and has not held an election during the past four years, he shall cancel the certificate of the municipality.
HISTORY: 1962 Code Section 47-9; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 1 - Incorporation › Section 5-1-110. Time limit for bringing suit challenging incorporation procedures of municipal corporation.

A suit to challenge the incorporation procedures of a municipal corporation pursuant to the provisions of Chapters 1 through 17 must be brought within sixty days after the issuance of the certificate of incorporation.
HISTORY: 1962 Code Section 47-10; 1975 (59) 692; 2005 Act No. 77, Section 1, eff July 1, 2005.
Effect of Amendment
The 2005 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 3 - Change Of Corporate Limits › Section 5-3-10. Power to extend corporate limits.

Any city or town council may extend the corporate limits of the municipality in the manner set forth in this chapter.
HISTORY: 1962 Code Section 47-11; 1952 Code Section 47-11; 1942 Code Section 7230; 1932 Code Section 7230; Civ. C. '22 Section 4385; Civ. C. '12 Section 2991; Civ. C. '02 Section 1997; 1896 (22) 82; 1897 (22) 459; 1901 (23) 658; 1948 (45) 1974; 2000 Act No. 250, Section 3.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 3 - Change Of Corporate Limits › Section 5-3-15. Municipality may not annex certain property.

No municipality may annex, under the provisions of this chapter, any real property owned by an airport district composed of more than one county without prior written approval of the governing body of the district.
HISTORY: 1995 Act No. 99, Section 1; 2000 Act No. 250, Section 3.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 3 - Change Of Corporate Limits › Section 5-3-20. Municipality may not annex real property owned by professional sports team.

No municipality may annex, under the provisions of this chapter, any real property owned by a professional sports team as defined in Section 12-6-3360(M)(17) without prior written consent of the professional sports team.
HISTORY: 2019 Act No. 83 (H.4243), Section 4, eff May 22, 2019.
Editor's Note
2019 Act No. 83, Section 9.B, provides as follows:
"B. The provisions of Sections 4-9-30 and 5-7-30 relating to a professional sports team, and the provisions of Section 5-3-20 only apply so long as the job and payroll provisions of Section 12-6-3360(M)(17) and (P) continue to be met by the professional sports team."
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 3 - Change Of Corporate Limits › Section 5-3-30. Consolidation of two or more municipal corporations without petition.

When two or more municipal corporations propose to consolidate, no petition shall be required and each municipal corporation desiring to consolidate may call for the election hereinafter provided by ordinance.
HISTORY: 1962 Code Section 47-12.1; 1971 (57) 413; 2000 Act No. 250, Section 3.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 3 - Change Of Corporate Limits › Section 5-3-40. Agreement upon terms of consolidation.

Whenever it is proposed to extend the corporate limits of any municipality by inclusion of territory of another adjacent municipality in whole or in part, the governing bodies of the municipalities may, after public hearing, stipulate and agree upon terms of consolidation or boundary adjustment by ordinance adopted by each municipality, which shall be binding upon the enlarged municipality, and the consolidation or adjustment shall be effective on the date of adoption of the final ordinance.
HISTORY: 1962 Code Section 47-13; 1952 Code Section 47-13; 1942 Code Section 7231; 1932 Code Section 7231; Civ. C. '22 Section 4386; Civ. C. '12 Section 2992; 1911 (27) 22; 1996 Act No. 412, Section 1; 2000 Act No. 250, Section 3.