S 1372 Session 111 (1995-1996)
S 1372 General Bill, By M.T. Rose
A Bill to amend Chapter 11, Title 4, Code of Laws of South Carolina, 1976, by
adding Section 4-11-270, so as to provide for referenda to alter the budgetary
powers for the method of election of governing bodies of special purpose
districts.
04/18/96 Senate Introduced and read first time SJ-4
04/18/96 Senate Referred to Committee on Judiciary SJ-4
A BILL
TO AMEND CHAPTER 11, TITLE 4, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270, SO
AS TO PROVIDE FOR REFERENDA TO ALTER THE
BUDGETARY POWERS FOR THE METHOD OF ELECTION OF
GOVERNING BODIES OF SPECIAL PURPOSE DISTRICTS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 11, Title 4 of the 1976 Code is amended
by adding:
"Section 4-11-270. (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 the budgetary powers and the 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:
[] Shall 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?
[] Shall 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 shall 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 special purpose
district at large with a requirement to reside in the district, or from
single member election districts with a requirement to reside in the
single member election district of the candidate.
(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 shall 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
prior to March 7, 1973, but not to any district whose governing
body is elected by the qualified electors or which governing body
has the authority to levy taxes."
SECTION 2. Section 4-11-265 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the
Governor.
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