A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ANNEXATION FAIRNESS ACT"; BY ADDING SECTION 5-3-95 SO AS TO PROVIDE THE GOVERNING BODY OF THE COUNTY HAS LEGAL STANDING TO CHALLENGE AN ANNEXATION/DEANNEXATION BY A MUNICIPALITY IN THE APPROPRIATE JURISDICTION AND TO SEEK APPROPRIATE RELIEF; BY AMENDING SECTION 5-3-10, RELATING TO POWER TO EXTEND CORPORATE LIMITS, SO AS TO PROVIDE THE POWER TO REDUCE CORPORATE LIMITS, AND TO PROVIDE NO REDUCTION MAY result IN THE FORMATION OF UNINCORPORATED ISLANDS OR NONCONTIGUOUS INCORPORATED AREAS; BY AMENDING SECTION 5-3-100, RELATING TO THE ALTERNATE ANNEXATION METHOD WHEN THE ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY THE ANNEXING MUNICIPALITY OR COUNTY, SO AS TO INCLUDE DEANNEXATION PROVISIONS; BY AMENDING SECTION 5-3-120, RELATING TO THE ANNEXATION ALTERNATE METHOD WHEN THE ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY A CORPORATION, SO AS TO INCLUDE DEANNEXATION PROVISIONS AND PUBLIC HEARING REQUIREMENTS; BY AMENDING SECTION 5-3-130, RELATING TO THE ALTERNATE METHOD FOR ANNEXATION WHEN THE ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY a SCHOOL DISTRICT, SO AS TO INCLUDE DEANNEXATION PROVISIONS AND PUBLIC HEARING REQUIREMENTS; BY AMENDING SECTION 5-3-140, RELATING TO THE ALTERNATE METHOD WHEN THE ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY THE FEDERAL GOVERNMENT OR STATE GOVERNMENT, SO AS TO INCLUDE DEANNEXATION PROVISIONS AND PUBLIC HEARING REQUIREMENTS; BY AMENDING SECTION 5-3-150, RELATING TO THE ALTERNATE METHOD FOR ANNEXATION WHERE PETITIONED BY SEVENTY-FIVE PERCENT OR MORE OF RELEVANT LANDOWNERS, SO AS TO INCLUDE DEANNEXATION PROVISIONS AND PUBLIC HEARING REQUIREMENTS, AND TO DELETE ORDINANCE REQUIREMENTS; BY AMENDING SECTION 5-3-210, RELATING TO SUBSEQUENT ANNEXATION ELECTIONS AFTER DEFEAT OF AN ANNEXATION ELECTION, SO AS TO INCLUDE DEANNEXATION PROVISIONS; BY AMENDING SECTION 5-3-235, RELATING TO LIMITS ON THE ASSESSED VALUE OF A SINGLE FREEHOLDER'S REAL PROPERTY AT THE TIME OF PROPOSED ANNEXATIONS, SO AS TO INCLUDE DEANNEXATION PROVISIONS; BY AMENDING SECTION 5-3-300, RELATING TO AN ADDITIONAL ANNEXATION PROCEDURE FOR AREAS CONTIGUOUS TO A MUNICIPALITY, SO AS TO INCLUDE DEANNEXATION PROVISIONS; BY AMENDING SECTION 5-3-315, RELATING TO PUBLIC HEARING AND NOTICE PROVISIONS RELATING TO PROPOSED ANNEXATIONS, SO AS TO INCLUDE DEANNEXATION PROVISIONS, TO MAKE PUBLIC HEARINGS MANDATORY, AND TO REMOVE PROVISIONS CONCERNING NONCOMPLIANCE WITH NOTICE PUBLICATION REQUIREMENTS; BY AMENDING SECTION 5-31-1520, RELATING TO EXTENSIONS OF MUNICIPAL WATER AND SEWER SYSTEMS BEYOND MUNICIPAL LIMITS, SO AS TO PROHIBIT CONDITIONING THE PROVISION OR CONTINUED PROVISION OF SUCH SERVICES ON ANNEXATION STATUS; AND BY REPEALING SECTION 5-3-280 RELATING TO PROCEDURES FOR THE REDUCTION OF MUNICIPAL CORPORATE LIMITS.

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

SECTION 1.  This act may be cited as the "Annexation Fairness Act".

SECTION 2.  Chapter 3, Title 5 of the S.C. Code is amended by adding:

    Section 5-3-95.  The governing body of the county has legal standing to challenge an annexation/deannexation by a municipality in the appropriate jurisdiction and to seek appropriate relief.

SECTION 3.  Section 5-3-10 of the S.C. Code is amended to read:

    Section 5-3-10.  Any city or town council The governing body of a municipality or the governing body of the county in which the municipality is located may extend or reduce the corporate limits of the municipality in the manner set forth in this chapter. There may be no annexation under this section that results in the formation of one or more unincorporated islands or in part of the area remaining in the municipal corporation no longer being a contiguous area of the municipal corporation.

SECTION 4.  Section 5-3-100 of the S.C. Code is amended to read:

    Section 5-3-100. If the territory proposed to be annexed belongs entirely to the municipality seeking its annexation and is adjacent thereto, the territory may be annexed by resolution of the governing body of the municipality. When the territory proposed to be annexed to the municipality belongs entirely to the county in which the municipality is located and is adjacent thereto, it may be annexed by resolution of the governing body of the municipality and the governing body of the county. Upon the adoption of the resolutions required by this section and the passage of an ordinance to that effect by the municipality and the county, the annexation/deannexation is complete.

SECTION 5.  Section 5-3-120 of the S.C. Code is amended to read:

    Section 5-3-120. If the entire area proposed to be annexed/deannexed belongs to a corporation only, it may be annexed/deannexed on the petition of the stockholders of the corporation to the governing bodies of the municipality and the county. The petition must require a public hearing by the governing bodies of the municipality and the county. Upon agreement of the governing body bodies of the municipality and county to accept the petition and the passage of an ordinance to that effect by the municipality and county, the annexation/deannexation is complete.

SECTION 6.  Section 5-3-130 of the S.C. Code is amended to read:

    Section 5-3-130. If the area proposed to be annexed/deannexed belongs entirely to a school district, it may be annexed/deannexed upon the petition of the board of trustees of the school district, to the city or town councilthe governing body of the municipality, and the governing body of the county. The petition must require a public hearing by the governing bodies of the municipality and the county. Upon agreement of the city or town councilmunicipality and the county to accept the petition and the passage of an ordinance to that effect by the municipality and county, the annexation/deannexation is complete.

SECTION 7.  Section 5-3-140 of the S.C. Code is amended to read:

    Section 5-3-140. If the territory proposed to be annexed/deannexed belongs entirely to the federal government or to the State of South Carolina and is adjacent to a municipality or is part of a municipality, it may be annexed/deannexed upon the petition of the federal government or of the State to the city or town council thereofgoverning bodies of the municipality and the county. The petition must require a public hearing by the governing bodies of the municipality and the county. As used in this section, a petition by the State shall mean a petition executed by the State Fiscal Accountability Authority. Upon agreement of the city or town council municipality and county to accept the petition and the passage of an ordinance to that effect by the municipality and the county, the annexation/deannexation is complete.

SECTION 8.  Section 5-3-150(1), (2), and (3) of the S.C. Code is amended to read:

    Section 5-3-150. (1) Any area or property which is contiguous to a municipality may be annexed to the municipality or any area or property that is part of the municipality may be deannexed from the municipality by filing with the municipal and county governing body bodies a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240, owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation/deannexation. The petition must require a public hearing by the governing bodies of the municipality and the county. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete. Upon agreement of the municipality and the county to accept the petition and the passage of an ordinance to that effect by the municipality and the county, the annexation/deannexation is complete. No member of either the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed/deannexed is eligible to vote on the ordinance. This method of annexation/deannexation is in addition to any other methods authorized by law; however, this property may not be annexed/deannexed  unless the following has been complied with:

       (1)(a) the petition must be dated before the first signature is affixed to it and all necessary signatures must be obtained within six months from the date of the petition; 

       (2)(b) the petition and all signatures to it are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation/deannexation or by anyone owning property in the area to be annexed/deannexed; 

       (3)(c) the petition must state the act or code section pursuant to which the proposed annexation/deannexation is to be accomplished; 

       (4)(d) the petition must contain a description of the area to be annexed/deannexed and there must be attached to the petition a plat of the area to be annexed/deannexed;