South Carolina Code Section 5-7-270 provides that when city or town councils are adopting ordinances, “[n]o ordinance shall have the force of law until it shall have been read two times on two separate days with at least six days between each reading.”
This requirement exists to ensure that councils consider their proposed ordinances during more than one public meeting, and that the public has adequate notice before the council gives final approval to an ordinance.
The statute, however, does not describe what actions are necessary to “read” a proposed ordinance.
What is a “reading?”
In legislative practice, both at the state and national level, a “reading” does not ordinarily mean that the entire document, or even the full title, is read aloud. The National Conference of State Legislatures explains that a reading “refers to a specific stage in the legislative process,” and typically consists of an identification of the bill under consideration by number, title or sponsor. Legislative chambers treat readings as procedural markers that indicate progress in the enactment process, not as literal public readings aloud of the bill under consideration.
South Carolina municipalities follow this procedural marker as general practice. Councils often provide readings by ordinance number, title or subject matter, while making the text of the proposed ordinance itself available to councilmembers and the public in compliance with the SC Freedom of Information Act.
This approach satisfies the statute’s intent in several ways:
- ordinances are considered on two separate occasions, spaced at least six days apart; and
- members of the public receive clear notice of the matter being considered before the council gives final approval.
Section 5-7-270 also authorizes each municipality to “by ordinance establish its own rules and procedures as to adoption of ordinances.”
Because of this, councils may clarify, in their own rules of procedure, what form a “reading” will take.
Suggested practices
Councils should ensure that the meeting agenda posted under the SC Freedom of Information Act includes at least the ordinance title and, when available, the ordinance number.
The accompanying agenda packet or supporting materials should contain the text of the ordinance being considered, so that both councilmembers and the public have access to the substance of the proposal in advance.
During the meeting, the presiding official should then identify the ordinance under consideration by reference to the title or number listed on the agenda. This practice provides clarity, ensures compliance with FOIA and confirms that the statutory requirement of a “reading” is met in a transparent and consistent manner.
Municipalities wishing to adopt their own rules and procedures for adoption of ordinances may contact their Municipal Association of SC Field Services manager for assistance.