H*4747(Rat #0295, Act #0531 of 1996)  General Bill, By D. Smith
 A Bill to amend Act 318 of 1965, as amended, relating to the Cherokee Springs
 Fire District in Spartanburg County, so as to require all members of the Board
 of Fire Control of the District to be elected in a nonpartisan election to be
 conducted at the time of the general election, to provide for the staggering
 of terms, and the manner of election, and delete the provision requiring a
 twenty percent petition of the qualified electors of the district to initiate
 an election of the members of the Board.

   03/13/96  House  Introduced, read first time, placed on calendar
                     without reference HJ-20
   03/14/96  House  Read second time HJ-12
   03/14/96  House  Unanimous consent for third reading on next
                     legislative day HJ-12
   03/15/96  House  Read third time and sent to Senate HJ-1
   03/19/96  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-9
   03/21/96  Senate Read second time SJ-34
   03/21/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-34
   03/22/96  Senate Read third time and enrolled SJ-1
   03/26/96         Ratified R 295
   04/01/96         Vetoed by Governor
   04/03/96  House  Veto overridden by originating body Yeas-7 
                     Nays-0 HJ-56
   04/04/96  Senate Veto overridden Yeas-45  Nays-0 SJ-4
   04/04/96         Effective date 04/04/96
   04/17/96         Copies available
   08/29/96         Act No. 531

AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

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

Board to be elected

SECTION 1. Section 4 of Act 318 of 1965, is amended to read:

"Section 4. (A) There is established a board of fire control for the district to be composed of seven members who must be elected in a nonpartisan election to be conducted at the same time as the 1996 general election for terms of office of six years each. However, the three members elected in 1996 who receive the highest number of the votes cast shall serve terms of six years each, the two members receiving the next highest number of votes cast shall receive initial terms of four years each, and the two members elected in 1996 receiving the lowest number of votes cast shall serve initial terms of two years each. The successors to the members serving the four-year terms must be elected in a nonpartisan election to be conducted at the same time as the general election four years thereafter, for terms of six years each. The successors to the members serving two-year terms must be elected in a nonpartisan election to be conducted at the same time as the general election two years thereafter, for terms of six years each. All members of the board shall serve until their successors are elected and qualify. If a vacancy on the board occurs for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term if the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

(B) The members of the board shall serve without pay and shall file annually a report with the Spartanburg County Board of Control, not later than the first of November of each year, showing all activities and disbursements made by the board during the year.

(C) The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the district.

(D) The candidate receiving the highest number of the votes for each seat in the election must be declared elected.

(E) The members of the board elected in these nonpartisan elections shall take office one week following certification of their election.

(F) The current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1996 election qualify and take office, at which time the then current terms of the present members of the board shall expire."

Time effective

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

Vetoed by the Governor -- 4-1-96

Veto overridden by House -- 4-3-96

Veto overridden by Senate -- 4-4-96