H*2083(Rat #0053, Act #0028 of 1987)  General Bill, By C.H. Rice, H.H. Clyborne, 
Fair and J.G. Mattos
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 4-9-81 so as to require the governing body of a special purpose district or
 public service district which elects its members to provide by Resolution for
 an increase in the number of the governing body after approval by a majority
 of the qualified electors residing in the district voting in a referendum,
 provide a method for initiating the referendum, and provide for the calling of
 an election after a favorable referendum to elect additional members of the
 district, provide for the terms of the additional members, and require the
 district to assume all costs associated with conducting the referendum or
 election, or both.-amended title

   12/31/86  House  Prefiled
   12/31/86  House  Referred to Committee on Judiciary
   01/13/87  House  Introduced and read first time HJ-55
   01/13/87  House  Referred to Committee on Judiciary HJ-55
   01/28/87  House  Committee report: Favorable with amendment
                     Judiciary HJ-238
   02/03/87  House  Debate adjourned until Wednesday, February 11,
                     1987 HJ-358
   02/11/87  House  Objection by Rep. Aydlette HJ-496
   02/11/87  House  Debate adjourned until Wednesday, February 18,
                     1987 HJ-496
   02/18/87  House  Amended HJ-597
   02/18/87  House  Objection by Rep. J. Bradley, Holt & Foxworth HJ-599
   02/19/87  House  Objection withdrawn by Rep. Holt & Foxworth HJ-647
   02/24/87  House  Objection by Rep. Kohn HJ-699
   02/26/87  House  Objection withdrawn by Rep. Aydlette
   02/26/87  House  Amended HJ-778
   02/26/87  House  Read second time HJ-778
   02/26/87  House  Unanimous consent for third reading on next
                     legislative day HJ-780
   02/27/87  House  Read third time and sent to Senate HJ-796
   03/03/87  Senate Introduced, read first time, placed on calendar
                     without reference SJ-731
   03/05/87  Senate Amended SJ-811
   03/05/87  Senate Read second time SJ-812
   03/05/87  Senate Ordered to third reading with notice of
                     amendments SJ-812
   03/10/87  Senate Amended SJ-832
   03/18/87  Senate  Read third time SJ-968
   03/18/87  Senate Returned SJ-968
   03/25/87  House  Concurred in Senate amendment and enrolled HJ-1441
   04/08/87         Ratified R 53
   04/14/87         Signed By Governor
   04/14/87         Effective date 04/14/87
   04/14/87         Act No. 28
   04/24/87         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-81 SO AS TO REQUIRE THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT WHICH ELECTS ITS MEMBERS TO PROVIDE BY RESOLUTION FOR AN INCREASE IN THE NUMBER OF THE GOVERNING BODY AFTER APPROVAL BY A MAJORITY OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT VOTING IN A REFERENDUM, PROVIDE A METHOD FOR INITIATING THE REFERENDUM, AND PROVIDE FOR THE CALLING OF AN ELECTION AFTER A FAVORABLE REFERENDUM TO ELECT ADDITIONAL MEMBERS OF THE DISTRICT, PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS, AND REQUIRE THE DISTRICT TO ASSUME ALL COSTS ASSOCIATED WITH CONDUCTING THE REFERENDUM OR ELECTION, OR BOTH.

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

Size of governing body of district may be increased - procedure

SECTION 1. The 1976 Code is amended by adding:

"Section 4-9-81. (A) The governing body of any special purpose or public service district, or water and sewer authority, which is elected may provide by resolution for an increase in the size of its governing body. The governing body may not reduce the number of members on its governing body which is serving on January 1, 1987.

(B) The resolution is effective only after approval by a majority of the qualified electors in the district voting in a referendum.

(C) The referendum may be called by resolution of the governing body of the district. The county election commission must call a referendum not later than ninety nor earlier than thirty days after district action.

(D) Notice of the referendum must be published in a newspaper of general circulation in the district at least thirty days prior to the referendum.

(E) If the results of the referendum are favorable, the governing body of the district shall call for a special election or an election to be conducted at the time of the general election to elect additional members of the governing body as provided in the resolution as authorized in subsection (A).

(F) The terms of office of any additional members must be established by the governing body of the district so that they are staggered, if the terms of the existing members of the district are staggered. The terms of any members elected under the provisions of this section must be the same length as those members serving on the governing body at the time the election is held, except as provided in this section, in order to stagger the terms.

(G) All costs associated with conducting the referendum or election, or both, provided for in this section must be borne by the affected district."

Time effective

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