Bill 3259

                    Current Status

Bill Number:               3259
Ratification Number:       428
Act Number                 351
Introducing Body:          House
Subject:                   Relating to county council and municipal
                           council ordinances

(A351, R428, H3259)

AN ACT TO AMEND SECTIONS 4-9-130 AND 5-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COUNCIL AND MUNICIPAL COUNCIL ORDINANCES, SO AS TO PROVIDE THAT BUILDING, HOUSING, ELECTRICAL, PLUMBING, GAS AND OTHER REGULATORY CODES ADOPTED BY COUNTY COUNCILS AND MUNICIPAL COUNCILS ARE LIMITED TO THOSE AUTHORIZED IN SECTION 6-9-60; AND TO AMEND SECTION 6-9-100, RELATING TO THE CONTINUED USE OF CODES ADOPTED PRIOR TO JUNE 21, 1972, SO AS TO EXTEND THAT DATE TO MAY 1, 1982.

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

Public hearings required

Section 1. Section 4-9-130 of the 1976 Code is amended to read:

"Section 4-9-130. Public hearings, after reasonable public notice, must be held before final council action is taken to:

(1) adopt annual operational and capital budgets;

(2) make appropriations, including supplemental appropriations;

(3) adopt building, housing, electrical, plumbing, gas and all other regulatory codes involving penalties;

(4) adopt zoning and subdivision regulations;

(5) levy taxes;

(6) sell, lease or contract to sell or lease real property owned by the county.

The council may adopt any standard code or technical regulations authorized under Section 6-9-60 by reference thereto in the adopting ordinance. The procedure and requirements governing the ordinances shall be as prescribed for ordinances listed in (1) through (6) above.

Copies of any adopted code of technical regulations shall be made available by the clerk of council for distribution or for purchase at a reasonable price.

Not less than fifteen days' notice of the time and place of such hearings shall be published in at least one newspaper of general circulation in the county.

To meet public emergencies affecting life, health, safety or the property of the people, council may adopt emergency ordinances; but such ordinances shall not levy taxes, grant, renew or extend a franchise or impose or change a service rate. Every emergency ordinance shall be designated as such and shall contain a declaration that an emergency exists and describe the emergency. Every emergency ordinance shall be enacted by the affirmative vote of at least two-thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment."

Councils may adopt standard codes, etc.

Section 2. Section 5-7-280 of the 1976 Code is amended to read:

"Section 5-7-280. The council may adopt any standard code or technical regulations authorized under Section 6-9-60 by reference thereto in the adopting ordinance; provided, that the council shall hold at least one public hearing before the adoption of any such standard code or technical regulations. The procedure and requirements governing such ordinance shall be as prescribed for ordinances listed in Section 5-7-260 and subject to the provisions of Section 5-7-270.

Copies of any adopted code or technical regulations shall be made available by the municipal clerk for distribution or for purchase at a reasonable price."

City or county may continue to use codes

Section 3. Section 6-9-100 of the 1976 Code is amended to read:

"Section 6-9-100. The provisions of this chapter shall be cumulative to other authority of counties and municipalities and shall not be in limitation thereof.

A city or county that has adopted any of the national, regional or model codes or any other code prior to May 1, 1982, may continue its use."

Time effective

Section 4. This act shall take effect upon the approval by the Governor.