South Carolina General Assembly
107th Session, 1987-1988

Bill 2083

                    Current Status

Bill Number:               2083
Ratification Number:       53
Act Number                 28
Introducing Body:          House
Subject:                   Governing body of a special purpose
                           district or public service district, increase
                           in the number of the governing body after
                           approval
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A28, R53, H2083)

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.