H 3278 General Bill, By G.R. Smith, Haskins, Bedingfield, Cato, Hamilton, 
Harrell, Leach, E.H. Pitts, Shoopman, F.N. Smith and Taylor
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED
 OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM
 WHICH HE WAS ELECTED OR APPOINTED.

   01/17/07  House  Introduced and read first time HJ-10
   01/17/07  House  Referred to Committee on Judiciary HJ-10
   02/21/07  House  Committee report: Favorable Judiciary HJ-5
   02/28/07  House  Amended HJ-33
   02/28/07  House  Read second time HJ-33
   03/01/07  House  Requests for debate-Rep(s). Scarborough, Merrill,
                     Hinson, Umphlett, Young, Bingham, Herbkersman,
                     Skelton, Weeks, Crawford, and Hardwick HJ-21
   03/01/07  House  Reconsider vote whereby read second time HJ-36
   03/06/07  House  Amended HJ-36
   03/06/07  House  Read second time HJ-39
   03/06/07  House  Roll call Yeas-107  Nays-4 HJ-39
   03/07/07  House  Read third time and sent to Senate HJ-23
   03/07/07  Senate Introduced and read first time SJ-17
   03/07/07  Senate Referred to Committee on Judiciary SJ-17
   03/12/07  Senate Referred to Subcommittee: Martin (ch), Malloy,
                     Campsen, Williams

AMENDED

March 6, 2007

H. 3278

Introduced by Reps. G.R. Smith, Haskins, Bedingfield, Cato, Hamilton, Harrell, Leach, E.H. Pitts, Shoopman, F.N. Smith and Taylor

S. Printed 3/6/07--H.

Read the first time January 17, 2007.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.

Amend Title To Conform

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

SECTION    1.    Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-200.    (A)    The purpose of this section is to provide a uniform method of filling a vacancy when a person moves his residence outside of the area from which he was elected or appointed or holds more than one office in violation of Section 3, Article VI of the Constitution of South Carolina.

(B)    If a person other than a member of the General Assembly who has been elected or appointed to an office moves his residence outside of the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina, the member shall notify the presiding officer within fifteen days of the date of his residence change as described in this section.

(C)    If a member notifies the presiding officer that he has changed his residence to a place outside of the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina, the presiding officer shall take action as specified in subsection (E)(1) or (2), as appropriate.

(D)(1)    If the governing body, commission, board, or other body to which the person has been elected or appointed receives information that a member has moved his residence outside of the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina and the information is obtained from a source other than the member, it shall forward the information to the South Carolina Election Commission to determine whether the information supports removing the member from office on the basis that the member has moved from the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina. If the vote is affirmative, the member must be afforded a public hearing unless he waives the hearing in writing, before the South Carolina Election Commission pursuant to the provisions of item (3) of this subsection.

(2)    Notice of a public hearing scheduled pursuant to subsection (D)(1) must be served on the member by certified mail, return receipt requested.

(3)    At the conclusion of the public hearing scheduled pursuant to subsection (D)(1), the South Carolina Election Commission shall vote in open session whether the member should be removed from office on the basis that the member has moved from the area from which he was elected or appointed or hold multiple offices in violation of Section 3, Article VI of the Constitution of South Carolina.

(a)    If the vote is affirmative, the office is declared vacant and the presiding officer shall take action as specified in subsection (E)(1) or (2), as appropriate.

(b)    If the vote is negative, the member continues in office.

(E)    If a position is determined to be vacant pursuant to subsections (B) through (D), the position must be filled as follows:

(1)    if the office originally was filled by appointment, the presiding officer shall notify the appointing officer or entity of the vacancy. Within ninety days after receiving notice, the officer or entity shall fill the vacancy by appointment for the remainder of the unexpired term; or

(2)    if the office originally was filled by election, the presiding officer shall notify the county election commission that the office is vacant. Upon receiving notice, the county election commission shall schedule a special election in accordance with the provisions of Section 7-13-190 to fill the office for the remainder of the unexpired term.

(F)    Notwithstanding another provision of law, the provisions of this section apply to all elected and appointed offices."

SECTION    2.    This act takes effect upon approval by the Governor.