H 4246 Session 109 (1991-1992)
H 4246 General Bill, By J.J. Bailey, R.C. Fulmer, S.E. Gonzales, H.M. Hallman and
J. Rama
A Bill to amend the Code of Laws of South Carolina, 1976, by reenacting
Section 4-11-265 so as to provide a procedure by which the registered electors
residing in a special purpose district may decide whether they wish the
governing body of the district to be elected with budget autonomy or appointed
by the governing body of the county in which the district is located and the
council having approval of the district's annual budget, and to provide that
if the district governing body is elected, the procedure by which the members
of the governing body of the district must be elected, and to make the Section
applicable only to districts existing before March 7, 1973, which do not have
elected governing bodies with authority to levy taxes.
01/22/92 House Introduced and read first time HJ-9
01/22/92 House Referred to Committee on Judiciary HJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY REENACTING SECTION 4-11-265 SO AS TO PROVIDE A
PROCEDURE BY WHICH THE REGISTERED ELECTORS
RESIDING IN A SPECIAL PURPOSE DISTRICT MAY DECIDE
WHETHER THEY WISH THE GOVERNING BODY OF THE
DISTRICT TO BE ELECTED WITH BUDGET AUTONOMY OR
APPOINTED BY THE GOVERNING BODY OF THE COUNTY IN
WHICH THE DISTRICT IS LOCATED AND THE COUNCIL
HAVING APPROVAL OF THE DISTRICT'S ANNUAL BUDGET,
AND TO PROVIDE THAT IF THE DISTRICT GOVERNING BODY
IS ELECTED, THE PROCEDURE BY WHICH THE MEMBERS OF
THE GOVERNING BODY OF THE DISTRICT MUST BE ELECTED,
AND TO MAKE THE SECTION APPLICABLE ONLY TO
DISTRICTS EXISTING BEFORE MARCH 7, 1973, WHICH DO NOT
HAVE ELECTED GOVERNING BODIES WITH AUTHORITY TO
LEVY TAXES.
Whereas, the General Assembly finds that it is vital to provide for a
procedure whereby special purpose districts are allowed budget
authority when the registered electors residing in the geographical areas
of a district approve it; and
Whereas, the General Assembly, in Act 512 of 1984, Part II, Section 70,
enacted a procedure to accomplish this; and
Whereas, the South Carolina Supreme Court, in Ex Parte Georgetown
County Water & Sewer District (1985) 284 SC 466, 327 SE2d 654,
declared that provision unconstitutional; and
Whereas, the General Assembly wishes to reenact that provision in
separate legislation. Now, therefore
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by reenacting:
"Section 4-11-265. (A) The legislative delegation of any
county, including the Senator, may, by majority vote at a duly called
meeting, initiate a referendum in that county to determine the wishes of
the registered electors residing in the geographical areas of all special
purpose and public service districts (districts) with regard to budgetary
powers and election of the governing bodies of the districts.
(B) The referendum must be conducted only at the time of a general
election. Ballots must be printed with the following questions printed on
them:
[] Must the governing body of (insert name) district be elected
and have fiscal autonomy to approve a budget and instruct the local
auditor to fix a millage sufficient to raise the budget amount?
[] Must the governing body of (insert name) district be appointed
by and have its annual budget subject to final approval of the governing
body of the county in which it is located? Mark one.
(C) The county election commission shall count the ballots and
certify the results to the county legislative delegation.
(D)(1) In those districts in which the registered electors vote to have
elected governing bodies, the governing body of each district shall hold
an election at the time of the next general election after certification of
the results of the referendum by the county election commission. Notice
of the election must be published in a newspaper of general circulation
in the district which must contain detailed information concerning the
election. The notice must be published not less than five nor more than
fifteen days before the date of the election. All members of the
governing bodies must be elected in nonpartisan elections for four-year
terms, except of those initially elected one-half minus one in the case of
odd-numbered governing bodies and one-half in the case of
even-numbered governing bodies must be elected for terms of two years.
At the expiration of the two-year terms, members elected for those terms
must be elected for terms of four years.
(2) Any governing body of a special purpose district may decide
that its members may be elected from the district at large, at large with
residency requirement, or from single member election districts.
(3) To place the name of a candidate on the ballot, qualified
electors of the district shall file with the county election commission, not
less than sixty days before the date of the election, a petition which must
contain the names of qualified electors of a number equal to not less than
five hundred qualified electors of the district or five percent of the total
number of electors of the district, whichever is the lesser.
(4) The number of members elected under the provisions of this
subsection must be the same number as provided by law for the number
of members for each district.
(E) In those districts in which the registered electors vote to have
appointed district governing bodies, the governing body of the county
in which the district is located is vested with power to appoint the
governing body of that district and shall exercise the budgetary approval
process over the budget of the district.
(F) The provisions of this section apply only to districts existing
before March 7, 1973, but not to any district whose governing body is
elected by the qualified electors and which governing body has the
authority to levy taxes."
SECTION 2. This act takes effect upon approval by the Governor.
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