S*0561(Rat #0366, Act #0350 of 1988)  General Bill, By T.E. Garrison
 A Bill to amend Section 48-9-1220, Code of Laws of South Carolina, 1976,
 relating to nomination and election of Soil and Water Conservation Districts'
 Commissioners, so as to revise the nomination procedures for placement on the
 ballot and the terms of office of these commissioners effective with the 1990
 election and to amend Section 48-9-1230, relating to terms of office and
 vacancies of these commissioners, so as to revise this Section in order to
 conform it to the above provisions.

   03/24/87  Senate Introduced and read first time SJ-998
   03/24/87  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-998
   05/07/87  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-1748
   05/12/87  Senate Read second time SJ-1807
   06/03/87  Senate Read third time and sent to House SJ-2670
   06/04/87  House  Introduced and read first time HJ-3692
   06/04/87  House  Referred to Committee on Agriculture and Natural
                     Resources HJ-3692
   02/24/88  House  Committee report: Favorable with amendment
                     Agriculture and Natural Resources HJ-1416
   03/01/88  House  Amended HJ-1568
   03/01/88  House  Read second time HJ-1569
   03/02/88  House   Read third time HJ-1606
   03/02/88  House  Returned HJ-1606
   03/03/88  Senate Concurred in House amendment and enrolled SJ-54
   03/08/88         Ratified R 366
   03/14/88         Signed By Governor
   03/14/88         Effective date 03/14/88
   03/14/88         Act No. 350
   03/15/88         Copies available

AN ACT TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.

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

Nomination procedures and terms revised

SECTION 1. Section 48-9-1220 of the 1976 Code is amended to read:

"Section 48-9-1220. Effective November, 1982, and in November of the appropriate years thereafter three commissioners from each district must be elected. The election must be nonpartisan and must be conducted by the county election commission at the same time as other county officers are elected in the general election.

To be placed on the ballot for county offices, each candidate shall submit to the county election commission a nominating petition with the signatures of one hundred qualified registered electors or one percent of the qualified registered electors of the district, whichever is lesser.

The official number of qualified registered electors of the geographical area of any office is the number of registered electors of the area registered ninety days prior to the date of the election for which the nomination petition is being submitted.

The nominees in the petition must be placed on the appropriate official ballot for the election if the petition is submitted to the county election commission not later than twelve noon on August first or, if August first falls on Sunday, not later than twelve noon on the following Monday. The form of the petition shall comply with the requirements in Section 7-11-80 pertaining to the conduct of general elections not conflicting herewith. Candidates must be qualified registered electors and residents of the district in which elected.

The three candidates who receive the largest number of votes cast in the election are elected and shall assume office the following February first.

This election must be conducted pursuant to Title 7, mutatis mutandi, except as otherwise provided for herein.

Effective with the 1990 election, the two candidates who receive the highest number of votes shall serve for terms of four years each and the other candidate who receives the next highest number of votes shall serve for a term of two years. Thereafter, their successors must be elected in a nonpartisan election to be held at the same time as the general election for terms of four years each."

Terms of office revised

SECTION 2. Section 48-9-1230 of the 1976 Code is amended to read:

"Section 48-9-1230. Except as otherwise provided in Section 48-9- 1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been selected, except that in the case of a vacancy in the unexpired term of an elected commissioner a successor may be appointed by the State Land Resources Conservation Commission upon the unanimous recommendation of the remaining commissioners. Any commissioner may be removed by the State Land Resources Conservation Commission upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.