S 0930 General Bill, By McConnell, Mescher, Passailaigue, M.T. Rose and 
Washington
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 4-11-270 so as to provide a procedure by which the registered electors
 residing in a special purpose district whose governing body is chosen by the
 legislative delegation of a county and the governing body of a municipality
 may decide whether they wish the governing body of the district to be elected
 by the electors living in the district or appointed by the governing body of
 the municipality in which the district is located, 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.

   10/10/95  Senate Prefiled
   10/10/95  Senate Referred to Committee on Judiciary
   01/09/96  Senate Introduced and read first time SJ-65
   01/09/96  Senate Referred to Committee on Judiciary SJ-65
   05/02/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-9
   05/07/96  Senate Amended SJ-13
   05/07/96  Senate Read second time SJ-13
   05/07/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-13
   05/08/96  Senate Read third time and sent to House SJ-20
   05/09/96  House  Introduced and read first time HJ-4
   05/09/96  House  Referred to Committee on Judiciary HJ-5

May 7, 1996

S. 930

Introduced by SENATORS McConnell, Passailaigue, Rose, Mescher and Washington

S. Printed 5/7/96--S.

Read the first time January 9, 1996.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE DELEGATION OF A COUNTY AND THE GOVERNING BODY OF A MUNICIPALITY MAY DECIDE WHETHER THEY WISH THE GOVERNING BODY OF THE DISTRICT TO BE ELECTED BY THE ELECTORS LIVING IN THE DISTRICT OR APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED, 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.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 4-11-270. (A) The legislative delegation of any county, including the Senator, by majority vote at a called meeting, may initiate a referendum in that county to determine the wishes of the registered electors residing in the geographical areas of special purpose and public service districts (district) whose governing body is chosen by the delegation and the governing body of a municipality in which the district is located with regard to the election of the governing body of the district.

(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?

[] Must the governing body of (insert name) district be appointed by the governing body of the municipality 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) The governing body of a special purpose district, as referred to in subsection (A), may decide that its members may be elected from the district at large, at large with a district 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 municipality in which the district is located is vested with power to appoint the governing body of that 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.