South Carolina General Assembly
115th Session, 2003-2004

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A255, R382, H5242

STATUS INFORMATION

General Bill
Sponsors: Rep. Chellis
Document Path: l:\council\bills\dka\3946dw04.doc

Introduced in the House on May 12, 2004
Introduced in the Senate on May 18, 2004
Passed by the General Assembly on May 26, 2004
Governor's Action: June 15, 2004, Signed

Summary: Charleston, Dorchester Counties, annexation

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/12/2004  House   Introduced, read first time, placed on calendar without 
                        reference HJ-34
   5/13/2004  House   Read second time HJ-19
   5/13/2004  House   Unanimous consent for third reading on next legislative 
                        day HJ-19
   5/14/2004  House   Read third time and sent to Senate HJ-3
   5/18/2004  Senate  Introduced and read first time SJ-12
   5/18/2004  Senate  Referred to delegation from Dorchester SJ-12
   5/19/2004  Senate  Recalled from delegation Dorchester SJ-2
   5/20/2004  Senate  Read second time SJ-24
   5/20/2004  Senate  Ordered to third reading with notice of amendments SJ-24
   5/26/2004  Senate  Read third time and enrolled SJ-23
    6/2/2004          Ratified R 382
   6/15/2004          Signed By Governor
   6/24/2004          Copies available
   6/24/2004          Effective date 06/15/04
   6/24/2004          Act No. 255

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/12/2004
5/12/2004-A
5/19/2004

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

(A255, R382, H5242)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Whereas, the governing bodies of Dorchester and Charleston counties have no objection to a change in the county lines of both counties; and

Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and

Whereas, at this time there are no inhabitants in the territory proposed to be taken from Charleston County and given to Dorchester County; and

Whereas, the South Carolina Attorney General has issued an opinion, Op. Atty. Gen., 90-67 (November 21, 1990), which concludes that when there are no inhabitants and therefore no qualified electors in the territory being moved from one county to another no election is required to move a county line between two counties. Now, therefore,

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

Territory transferred to Dorchester County from Charleston County

SECTION    1.    Chapter 3, Title 4 of the 1976 Code is amended by adding:

"Section 4-3-235.    (A)(1)    The following described portion of Charleston County is transferred and annexed to Dorchester County:

All that area, approximately 30.12 acres, now lying in the County of Charleston and identified as TMS #379-00-00-064 and is Tract 6, a portion of Gahagan Plantation, and shown on a map prepared by Cornerstone Surveying & Engineering, Incorporated, designated as project #04069 and dated October 1, 1993.

(2)    The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Dorchester County.

(B)    Upon application, the clerk of court, register of mesne conveyances, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Dorchester County, it has the same force and effect in Dorchester County that it had in Charleston County and any record not transferred continues in force and effect, and each has the same force and effect in Dorchester County as if it had been transferred and made a record in the proper office in Dorchester County."

Time effective

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

Ratified the 2nd day of June, 2004.

Approved the 15th day of June, 2004.

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