Current Status Bill Number:4235 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970528 Primary Sponsor:Miller All Sponsors:Miller Drafted Document Number:dka\4610mm.97 Companion Bill Number:757 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Special purpose districts, board of commissioners; election provisions, Political Subdivisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970528 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-65 SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED; BY ADDING SECTION 6-11-66 SO AS TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS MUST BE ELECTED ON AN AT-LARGE BASIS IN A NONPARTISAN ELECTION CONDUCTED AT THE TIME OF THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70, AS AMENDED, RELATING TO IMPLEMENTATION OF ELECTION REQUIREMENTS, SO AS TO EXEMPT CERTAIN DISTRICTS FROM CERTAIN REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-65. (A) The qualified electors of a special purpose district may request by petition a referendum on the question of election of the commissioners of the district by popular vote of the electors in the district. The petition must contain the referendum question and the names, signatures, and addresses of at least five percent of the qualified electors of the district. The petition also must contain a geographical description of the boundaries of the service area of the district as described and supplied by the district within thirty days of a request. The original petition must be delivered to the county board of voter registration or other board or commission responsible for maintaining the voter registration rolls for the county in which the special purpose district is located. That board must verify the number of valid signatures of registered electors contained on the submitted petition and the number of qualified registered electors in the district, and shall notify the clerk of the county governing body and the governing body of the special purpose district of the result of the verification process. A copy of the text from the petition indicating the date of receipt of the petition by the county board of voter registration must be delivered to the clerk of the county governing body and the governing board of the special purpose district that is the subject of the petition. If the completed petition is delivered before September 1 of a general election year, the board must verify the petition by September 16. If the petition is verified as complete, the question must be placed on the general election ballot in November of that year. The costs associated with a referendum held pursuant to this section are paid by the special purpose district.
(B) The referendum question must read substantially as follows:
'Must the board of commissioners for the ____________(special purpose district) be elected by popular vote of the qualified electors of the service area for four-year terms in a nonpartisan election during the November general election held in even-numbered years?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 2. Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-66. Notwithstanding another provision of law, if the majority of electors in a special purpose district have voted in a referendum held pursuant to Section 6-11-65 to elect members of the board of commissioners, the county board of elections must conduct nonpartisan elections as provided in this section. On the first November general election day following the referendum, the voters shall elect commissioners for seats on the governing body equal in number to a simple majority, less one, of the commissioners of the governing body. The persons elected must replace commissioners of the predecessor governing body who have served the longest terms on the predecessor governing body. On the next November general election day, the voters shall elect the remainder of the commissioners. All commissioners are elected for a term of four years and are elected on an at-large basis. The county board of elections and registration shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190."
SECTION 3. Section 6-11-70 of the 1975 Code, as last amended by Act 160 of 1993, is further amended by adding:
"(D) The provisions of subsections (A) and (B) do not apply to districts in which the commissioners are elected pursuant to a petition and referendum provided for in Section 6-11-65."
SECTION 4. This act takes effect upon approval by the Governor and applies to special purpose or public service districts that had not elected their governing bodies as of January 1, 1997.