H*3630(Rat #0239, Act #0191 of 2010)  General Bill, By Weeks
 AN ACT TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO APPOINTMENT OF A MUNICIPAL ELECTION COMMISSION IN EACH
 MUNICIPALITY TO CONDUCT MUNICIPAL ELECTIONS, SO AS TO REQUIRE ALL ELECTION
 COMMISSIONERS AND STAFF TO COMPLETE A TRAINING AND CERTIFICATION PROGRAM
 CONDUCTED BY THE STATE ELECTION COMMISSION. - ratified title

   02/26/09  House  Introduced and read first time HJ-109
   02/26/09  House  Referred to Committee on Judiciary HJ-109
   04/02/09  House  Recalled from Committee on Judiciary HJ-52
   04/22/09  House  Read second time HJ-32
   04/23/09  House  Read third time and sent to Senate HJ-237
   04/28/09  Senate Introduced and read first time SJ-8
   04/28/09  Senate Referred to Committee on Judiciary SJ-8
   05/05/09  Senate Referred to Subcommittee: Campsen (ch), Cleary, Scott
   05/05/10  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   05/06/10  Senate Committee Amendment Adopted SJ-17
   05/06/10  Senate Read second time SJ-17
   05/11/10  Senate Read third time and returned to House with
                     amendments SJ-14
   05/20/10  House  Concurred in Senate amendment and enrolled HJ-31
   05/20/10  House  Roll call Yeas-100  Nays-1 HJ-31
   05/25/10         Ratified R 239
   05/28/10         Signed By Governor
   06/03/10         Effective date 05/28/10
   06/09/10         Act No. 191

(A191, R239, H3630)

AN ACT TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF A MUNICIPAL ELECTION COMMISSION IN EACH MUNICIPALITY TO CONDUCT MUNICIPAL ELECTIONS, SO AS TO REQUIRE ALL ELECTION COMMISSIONERS AND STAFF TO COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION.

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

Election commissioners and staff to complete training program

SECTION    1.    Section 5-15-90 of the 1976 Code is amended to read:

"Section 5-15-90.    (A)    All municipal elections held under the provisions of this chapter must be conducted by a municipal election commission composed of three electors who must be residents of the municipality and who must be appointed by the municipal governing body. The terms of the members are six years except of those first appointed one shall serve a term of four years and one a term of two years.

(B)(1)    Each municipal election commissioner and each staff person designated by the commission, shall complete, within eighteen months after a commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission shall issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.

(2)(a)    The provisions of this section do not exempt a member or staff person from completing the training and certification program required in item (1).

(b)    A member appointed or reappointed after a break in service before the effective date of this section or a staff person employed or reemployed after a break in service before the effective date of this section shall successfully complete a training and certification program by the latter of:

(i)    eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or

(ii)    ninety days after the effective date of this section.

(c)    On and after the effective date of this section, a member appointed or reappointed after a break in service or a staff person employed or reemployed after a break in service shall complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.

(3)    If a member does not fulfill the training and certification program as provided in this section, the municipal governing body, upon notification, shall remove that member from the board unless the municipal governing body grants the member an extension to complete the training and certification program based upon exceptional circumstances.

(4)    Following completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, shall take at least one training course each year."

Time effective

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

Ratified the 25th day of May, 2010.

Approved the 28th day of May, 2010.