Current Status Introducing Body:House Bill Number:4097 Primary Sponsor:Rudnick Committee Number:25 Type of Legislation:GB Subject:Tax assessor, nonpartisan election Residing Body:House Current Committee:Judiciary Computer Document Number:EGM/18099DW.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rudnick Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4097 House 19930414 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO ALLOW THE ELECTION OF THE COUNTY TAX ASSESSOR IN A NONPARTISAN ELECTION FOR A TERM OF FOUR YEARS, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY BY ORDINANCE MAY PROVIDE FOR THE ELECTION, AND TO PROVIDE THAT THE FILING OF A PETITION FOR AN ELECTED ASSESSOR CONTAINING SIGNATURES OF AT LEAST TEN PERCENT OF THE QUALIFIED ELECTORS ELIGIBLE TO VOTE IN THE LAST GENERAL ELECTION OF THE COUNTY CAUSES THE OFFICE OF ASSESSOR TO BE AN ELECTED OFFICE, AND TO PROVIDE THAT THE ACT MAKING THE OFFICE ELECTIVE IS IRREVOCABLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-95. (A) The governing body of a county, by ordinance, may provide that the county tax assessor must be elected by the qualified voters of the county in a nonpartisan election held at the time of the general election. An elected assessor shall serve for four years and until his successor is elected and qualifies. A person desiring to qualify as a candidate shall file a written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days before the election. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the county, and other information as the county election commission requires. The county election commission shall conduct the election and certify the result to the governing body of the county in accordance with the nonpartisan election and runoff election method provided in Section 5-15-62, mutatis mutandis. The commission shall advertise the date of the election ninety days before the election in a newspaper of general circulation in the county and shall publish a second notice thirty days before the election. The person elected shall take office on the first day of January after the election. A vacancy must be filled by the governing body of the county for the unexpired portion of the term only.
(B) If a petition calling for the election of the county tax assessor signed by at least ten percent of the qualified electors of the county eligible to vote in the last general election in the county is filed with the county election commission, the assessor must be elected as provided in subsection (A) of this section. The county election commission shall verify the signatures and certify a valid petition to the governing body of the county. If the petition is certified more than ninety days before the date of the next general election, the election required pursuant to subsection (B) must be held on that general election date. If a petition is certified to the governing body of the county within ninety days of the date of the next general election, the election required pursuant to subsection (A) must be held at the next general election in the county more than ninety days after the certification.
(C) The act of making the office of county tax assessor elective under the provisions of this section is irrevocable."
SECTION 2. This act takes effect upon approval by the Governor.