A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS TO PROVIDE THAT REFERENDA HELD PURSUANT TO SECTION 4-8-120, SECTION 4-10-30, SECTION 4-10-35, SECTION 4-10-330, SECTION 4-10-425, 4-10-460, SECTION 4-10-550, 4-10-570, SECTION 4-10-740, SECTION 4-10-750, SECTION 4-10-760, SECTION 4-10-930, SECTION 4-10-980, SECTION 4-11-265, SECTION 4-20-20, 4-23-1015, SECTION 4-37-30, SECTION 5-15-30, SECTION 5-31-235, SECTION 6-1-320, SECTION 6-1-630, SECTION 6-11-271, SECTION 6-11-273, SECTION 6-11-2070, SECTION 6-13-120, SECTION 13-12-15, SECTION 48-9-590, SECTION 48-11-70, SECTION 48-11-100, 48-11-120, 48-11-185, SECTION 48-11-190, AND SECTION 61-6-2010 MUST BE HELD ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN EVEN-NUMBERED YEARS.

 

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

 

SECTION 1.  Section 4-8-120(C) of the S.C. Code is amended to read:

 

    (C) The referendum is a special election called only for the purpose of determining whether or not the municipality or special purpose district shall become a part of the consolidated political subdivision. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered years.

 

SECTION 2.  Section 4-10-30(A) of the S.C. Code is amended to read:

 

    Section 4-10-30. (A) The county election commission in each county shall conduct a referendum on the first Tuesday following the first Monday in November in even-numbered years on the question of implementing the local option sales and use tax within the county area.  The state election laws apply to the referendum mutatis mutandis.  The county election commission shall publish the results of the referendum and certify them to the county council.  The sales and use tax must not be imposed in the county area, unless a majority of the qualified electors voting in the referendum approve the question.

 

SECTION 3.  Section 4-10-35 of the S.C. Code is amended to read:

 

    Section 4-10-35. (A) Upon petition of fifteen percent of the qualified electors of a county presented

 to the governing body of that county which has implemented the one percent sales and use tax authorized by this chapter requesting that this tax be rescinded, the county governing body shall conduct a referendum on the first Tuesday following the first Monday in November in even-numbered years next following on the question of rescinding the local option sales and use tax within the county area.  The state election laws apply to the referendum mutatis mutandis.  The county election commission shall publish the results of the referendum and certify them to the county council.  The sales and use tax must be rescinded in the county area upon the certification of the results if a majority of the qualified electors voting in the referendum vote in favor of rescinding the tax.

    (B) The ballot must read substantially as follows:

    "Must the one percent local option sales and use tax levied in ___________ County pursuant to Chapter 10, Title 4 of the 1976 Code be rescinded?

    Yes ☐

    No ☐"

    (C) A referendum for rescission of this tax may not be held earlier than two years after the tax has been levied in the county.  If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, then no further rescission referendums may be held for a period of two years.  If a majority of the qualified electors vote in favor of rescinding the tax, then the tax may not be reimposed in the county for a period of two years.  The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the first Tuesday following the first Monday of November in the year the referendum is to be heldof that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.

 

SECTION 4.  Section 4-10-330(C) of the S.C. Code is amended to read:

 

    (C)(1) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. The referendum for imposition or reimposition of the tax must be held at the time of the general electionon the first Tuesday following the first Monday in November in even-numbered years. Subject to item (2), two Two weeks before the referendum, the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any project, the notice must include a statement indicating that principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law.

 

       (2) If the referendum on the question of imposing sales and use tax is conducted in an odd-numbered year, and it is the only matter being considered at the general election, then six weeks before the referendum, the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects.

 

SECTION 5.  Section 4-10-425(B) of the S.C. Code is amended to read:

 

    (B) Upon receipt of a resolution from the board of trustees of a school district, the election authority shall conduct a referendum on the question of imposing the tax in the county on the first Tuesday following the first Monday in November in even-numbered years. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expenses of the referendum must be paid by the school district or school districts for which the referendum is being held.

 

SECTION 6.  Section 4-10-460 of the S.C. Code is amended to read:

 

    Section 4-10-460.  The tax authorized in this article may be renewed and imposed within a county in the same manner as proceedings for the initial imposition of the tax. A referendum on the question of reimposition of a tax must not be held earlier than on the first Tuesday following the first Monday in November in even-numbered yearswithin the calendar year which is not less than two years before the calendar year in which the tax then in effect is scheduled to terminate, but any reimposition is effective immediately upon the termination of the tax previously imposed.

 

SECTION 7.  Section 4-10-550 of the S.C. Code is amended to read:

 

    Section 4-10-550.  (A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county council.

    (B) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the sales and use tax. A referendum for this purpose must be held at the time of the general electionon the first Tuesday following the first Monday in November in even-numbered years. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.

    (C) The referendum question to be on the ballot must read substantially as follows:

    "Must a sales and use tax be imposed in to replace property tax revenues not collected because of a

 one hundred percent property tax exemption for private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county?

    Yes [ ]

    No [ ]"

    (D) All qualified electors desiring to vote in favor of imposing the tax shall vote "Yes" and all qualified electors opposed to imposing the tax shall vote "No". If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and beginning for motor vehicle tax years beginning on and after that date, and all other property tax years beginning after the year in which the referendum is held, all private passenger motor vehicles as defined in Section 56-3-630, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county are exempt from property taxes levied in the county.  The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county governing body and to the Department of Revenue.

    (E) Upon receipt of the returns of the referendum, the county council, by resolution, shall declare the results thereof. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.

 

SECTION 8.  Section 4-10-570 of the S.C. Code is amended to read:

 

    Section 4-10-570.  (A) Upon petition of at least fifteen percent of the qualified electors of a county presented to the county council of the county which has implemented the sales and use tax authorized by this article requesting that this tax be rescinded, the council shall direct the county election commission to conduct a referendum on the question of rescinding the sales and use tax. A referendum for this purpose must be held on the first Tuesday following the first Monday in November in an even-numbered year following verification of the petition. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.

    (B) The referendum question to be on the ballot must read substantially as follows:

    "Must the sales and use tax imposed in be rescinded with the revenue not collected replaced by extending the property tax to private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors previously not subject to property tax in this county?

    Yes [ ]

    No [ ]"

    (C)(1) All qualified electors desiring to vote in favor of rescinding the tax shall vote "Yes" and all qualified electors opposed to rescinding the tax shall vote "No". If a majority of the votes cast are in favor of rescinding the tax, then the tax is rescinded effective July first following the referendum and

 property taxes apply to all private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors taxable in the county for motor vehicle tax years beginning after June 30 following the referendum and other property tax years beginning after the year in which the referendum is held. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county council. If a majority "Yes" vote is certified, then it must be certified to the Department of Revenue by the same date.

       (2) Upon receipt of the return of the referendum, the county council shall declare the results thereof by resolution. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.

    (D) A referendum for rescission of this tax may not be held earlier than two years after the tax has been imposed in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, then no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, then the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the first Tuesday following the first Monday of November of that an even-numbered year or the referendum must be held on the Tuesday following the first Monday of November of the following year.

 

SECTION 9.  Section 4-10-740(A) of the S.C. Code is amended to read:

 

    Section 4-10-740.  (A) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the sales and use tax.  A referendum for this purpose must be held on the first Tuesday after the first Monday in November in anyan even-numbered year.  Two weeks before the referendum, the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot.  This notice is in lieu of any other notice otherwise required by law.

 

SECTION 10. Section 4-10-750(B) of the S.C. Code is amended to read:

 

    (B) If the sales and use tax is not approved in the referendum, then the county governing body by ordinance, or seven percent of the qualified electors of the county, by an initiated ordinance submitted to the governing body of the county, may provide for a subsequent referendum held in the manner provided pursuant to Section 4-10-740, but such a referendum may. The referendum must be held only on the first Tuesday after the first Monday in November in any an even-numbered year.

 

SECTION 11. Section 4-10-760(A) of the S.C. Code is amended to read:

 

    (A) Upon petition of at least seven percent of the qualified electors of a county presented to the county council of the county which has implemented the sales and use tax authorized by this article requesting that this tax be rescinded, the council shall direct the county election commission to conduct a referendum on the question of rescinding the sales and use tax.  A referendum for this purpose must be held on the first Tuesday following the first Monday in November of an even-numbered year following verification of the petition.  Two weeks before the referendum, the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot.  This notice is in lieu of any other notice otherwise required by law.

 

SECTION 12. Section 4-10-760(D) of the S.C. Code is amended to read:

 

    (D) A referendum for rescission of this tax may not be held earlier than two years after the tax has been imposed in the county.  If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, then no further rescission referendums may be held for a period of two years.  If a majority of the qualified electors vote in favor of rescinding the tax, then the tax may not be reimposed in the county for a period of two years.  The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the first Tuesday following the first Monday of November of that an even-numbered year or the referendum must be held on the Tuesday following the first Monday of November of the following year.

 

SECTION 13. Section 4-10-930(B) of the S.C. Code is amended to read:

 

    (B)(1) Upon the adoption of a resolution calling for a referendum by the municipal council, the municipal election commission in each municipality shall conduct a referendum on the first Tuesday following the first Monday in November in an even-numbered year ninety days after the adoption of the resolution on the question of implementing the fee within the municipality. The state election laws apply to the referendum, mutatis mutandis. The municipal election commission shall publish the results of the referendum and certify them to the municipal council. The fee must not be imposed in the municipality, unless a majority of the qualified electors voting in the referendum approve the question.

       (2) The ballot must read substantially as follows:

       "Must a one percent fee on the gross proceeds of sales or sales price of all amounts subject to the sales and use tax imposed pursuant to Chapter 36, Title 12, but not the gross proceeds of the sale of items subject to a maximum tax in Chapter 36, Title 12 and the gross proceeds of sales of unprepared

 food that lawfully may be purchased with United States Department of Agriculture food coupons, be levied in ___________ for the purpose of tourism advertisement and promotion directed at non-South Carolina residents?

       Yes ☐

       No ☐"

       (3) If the question is not approved at the initial referendum, then the municipal council may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in a twenty-four month period on the Tuesday following the first Monday in November in even-numbered years.

       (4) Two weeks before the referendum, the municipal council shall publish in a newspaper of general circulation within the jurisdiction a description of and the uses for the fee.

 

SECTION 14. Section 4-10-930(C)(3) of the S.C. Code is amended to read:

 

    (3) A referendum for rescission of this fee must be held on the first Tuesday following the first Monday in November in even-numbered years.may not be held earlier than two years after the fee has been levied in the municipality. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the fee, no further rescission referendums may be held for a period of twenty-four months on the first Tuesday following the first Monday in November of even-numbered years. If a majority of the qualified electors vote in favor of rescinding the tax, the fee may not be reimposed in the municipality for a period of two years.

 

SECTION 15. Section 4-10-980 of the S.C. Code is amended to read:

 

    Section 4-10-980.  The fee authorized in this article may be renewed and imposed within a municipality in the same manner as authorized by this article for the initial imposition of the fee. If the fee is reimposed pursuant to Section 4-10-930(A)(2), then the referendum on the question of reimposition of the fee must not be held on the first Tuesday following the first Monday in November in even-numbered years earlier than within the calendar year which is two years before the calendar year in which the fee then in effect is scheduled to terminate. Notwithstanding Section 4-10-930(D) and (E), any reimposition of the fee is effective immediately upon the termination of the fee previously imposed. Revenues from the reimposition must be expended for the same purposes as set forth in this article, and the provisions of Section 4-10-970(A)(2) apply immediately upon reimposition.

 

SECTION 16. Section 4-11-265(B) of the S.C. Code is amended to read:

 

    (B) The referendum must be conducted only at the time of a general electionon the first Tuesday following the first Monday in November in even-numbered years.  Ballots must be printed with the following questions printed on them:

5 6	☐	Shall the governing body of (insert name) district be
7 8		elected and have fiscal autonomy to approve a budget
9 10		and instruct the local auditor to fix a millage sufficient to
11		raise the budget amount?
12 13	☐	Shall the governing body of (insert name) district be
14 15		appointed by and have its annual budget subject to final
16 17		approval of the governing body of the county in which it
18		is located? Mark one.

 

 

SECTION 17. Section 4-20-20(E) of the S.C. Code is amended to read:

 

    (E) The election may must be held on the date set for a state general election or on a date set for a special election, as determined by the county council, and must be held, regulated, and conducted as prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this actthe first Tuesday following the first Monday in November in even-numbered years.

 

SECTION 18. Section 4-23-1015(C) of the S.C. Code is amended to read:

 

    (C) Notwithstanding the provisions of Section 6-1-320, the commission is authorized to impose a millage levy after 2014 it considers appropriate and necessary for the operation of the district above that permitted by Section 6-1-320 upon a favorable vote of the registered electors of the district in a referendum called for this purpose by the commission. Any further referenda held pursuant to this section must be held on the first Tuesday following the first Monday in November in even-numbered years.

 

SECTION 19. Section 4-37-30(B)(1)(d) of the S.C. Code is amended to read:

 

    (d) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of authorizing an authority to use tolls in the jurisdiction.  The referendum must be held on the first Tuesday occurring sixty daysfollowing the first Monday in November in even-numbered years after the election commission receives the ordinance.  If that Tuesday is a legal holiday then the referendum must be held on the next succeeding Tuesday that is not a holiday.  The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction.  A public hearing must be conducted at least fourteen days before the referendum, after publication of a notice setting forth the date, time, and location of the public hearing.  The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.

 

SECTION 20. Section 5-15-30 of the S.C. Code is amended to read:

 

    Section 5-15-30. If by action of a majority of council, or if fifteen percent of the registered municipal electors present to the municipal election commission a duly executed petition on which none of the signatures is more than six months old, in which an election is sought to change the number of council members to a number authorized by the form of government under which the municipality is then operating or to change the method of election of council members, then the municipal governing body shall call a referendum not later than ninety days nor earlier than thirty days after the petition has been certified and delivered to the governing body by the municipal election commission. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered years.  A petition must be certified as valid or rejected by the municipal election commission within sixty days after it has been delivered to the commission.  There may be only one question framed by the municipal governing body for the referendum in a format similar to that provided by Section 5-5-40, and no other election on the same question may be held for two years after that time.  If more than one petition is received before publication of a notice of special election, then the change sought in the petition bearing the highest number of qualified signatures must be submitted on the ballot.  A change receiving a majority of the votes cast is effective at the next general election of the municipality.

 

SECTION 21. Section 5-31-235 of the S.C. Code is amended to read:

 

    Section 5-31-235.  (A) If the commissioners of public works unanimously, by resolution, petition

 the municipal council to abolish the commission, then the municipal council may, after a public hearing, adopt an ordinance abolishing the commission of public works.

    (B) The municipal council of any municipality shall, upon receiving a petition signed by thirty percent of the registered voters of the qualified voters of the municipality, call for a binding referendum to determine whether or not the Commission of Public Works must be abolished.  The referendum must be held in accordance with the general election laws of this State on the first Tuesday following the first Monday in November in even-numbered years.  The question on the ballot must be as follows:  "Shall the Commission of Public Works of the municipality of (name of the appropriate municipality) be abolished?"

    Yes ☐

    No ☐

    (C) If a majority of the voters who vote in that referendum determines that the Commission of Public Works be abolished, then the municipal council shall adopt an ordinance abolishing the Commission of Public Works and the municipality shall assume all the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works.  The Commission of Public Works shall cease to exist as of the date of the final passage of the ordinance abolishing it, and the municipality shall assume the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works at the same instant.  The referendum provided for in subsection (B), whether successful or unsuccessful, may not be conducted more often than every thirty-six months.

    (D) As an alternative to the procedure provided in subsections (B) and (C), a commission of public works may be abolished by an affirmative vote of a majority of the members of the commission transferring the rights, duties, responsibilities, assets, and liabilities of the former commission to a municipality.  The transfer is effective when the municipality adopts an ordinance accepting the transfer.

    (E) The provisions of subsections (B), (C), and (D) of this section apply only to a municipality which has been created as a result of the consolidation of two or more municipalities.

 

SECTION 22. Section 6-1-320 (G) and (H) of the S.C. Code is amended to read:

 

    (G)(1) Notwithstanding the limitation upon millage rate increases contained in subsection (A), a fire district's governing body may adopt an ordinance or resolution requesting the governing body of the county to conduct a referendum to suspend the millage rate limitation for general operating purposes of the fire district. If the governing body of the county agrees to hold the referendum and subject to the results of the referendum, then the millage rate limitation may be suspended and the millage rate may be increased for general operating purposes of the fire district. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered yearsat the time of the general

 election, and upon a majority of the qualified voters within the fire district voting favorably in the referendum, the millage rate may be increased in the next fiscal year. The referendum must include the amount of the millage increase. The actual millage levy may not exceed the millage increase specified in the referendum.

       (2) This subsection only applies to a fire district that existed on January 1, 2014, and serves less than seven hundred homes.

    (H) Notwithstanding the limitation upon millage rate increases contained in subsection (A), the governing body of a county may adopt an ordinance, subject to a referendum, to suspend the millage rate limitation for the purpose of imposing up to six-tenths of a mill for mental health. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered yearsat the time of the general election, and upon a majority of the qualified voters within the county voting favorably in the referendum, this special millage may be imposed in the next fiscal year. The state election laws apply to the referendum mutatis mutandis. This special millage may be removed only upon a majority vote of the local governing body. The amounts collected from the increased millage:

       (1) must be deposited into a mental health services fund separate and distinct from the county general fund and all other county funds;

       (2) must be dedicated only to expenditures for mental health services in the county;  and

       (3) must not be used to supplant existing funds for mental health programs in the county.

 

SECTION 23. Section 6-1-630(B) of the S.C. Code is amended to read:

 

    (B) Upon the adoption of an ordinance calling for a referendum, the county election commission shall conduct a referendum at the time specified in the ordinance on the question of implementing a one percent beach preservation fee. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered years. The state election laws apply to the referendum, mutatis mutandis. The county election commission shall publish the results of the referendum to certify them to the governing body. The beach preservation fee must not be imposed unless a majority of the qualified electors residing in the municipality voting in the referendum vote in favor of the referendum.

 

SECTION 24. Section 6-11-271(D) of the S.C. Code is amended to read:

 

    (D) Notwithstanding any other provision of law, any special purpose district within which taxes are authorized to be levied for maintenance and operation in accordance with the provisions of subsections (B) or (C) of this section, or otherwise, may request the commissioners of election of the county in which the special purpose district is located to conduct a referendum to propose a modification in the tax millage of the district. Upon receipt of such request, the commissioners of election shall schedule

 and conduct the requested referendum on a date specified by the governing body of the districton the first Tuesday following the first Monday in November in even-numbered years. If approved by referendum, such modification in tax millage shall remain effective until changed in a manner provided by law.

 

SECTION 25. Section 6-11-273 of the S.C. Code is amended to read:

 

    Section 6-11-273.  (A) Notwithstanding any other provision of law, any special purpose district created by an act of the General Assembly which is authorized to levy taxes for the operation of the district may request the commissioners of election of the county in which the district is located to conduct a referendum to propose a change in the tax millage of the district.  Upon receipt of such request the commissioners of election shall schedule and conduct the requested referendum on a date specified by the governing body of the districton the first Tuesday following the first Monday in November in even-numbered years.

    (B) If a majority of the qualified electors of the district voting in the referendum vote in favor of the proposed tax millage change, then the governing body of the district shall by resolution adopt the new millage rate which shall thereupon have the full force and effect of law.

 

SECTION 26. Section 6-11-2070 of the S.C. Code is amended to read:

 

    Section 6-11-2070. Upon receipt of a petition pursuant to Section 6-11-2050, and provided that the governing body of the district has received all necessary resolutions or ordinances conforming with Section 6-11-2030 from each successor provider, the governing body shall within thirty days of the petition action adopt a resolution by which it authorizes a referendum to be held on the question of the dissolution of the district. The referendum must be held on the date of the general election in November of the even-numbered year if the governing body has received all required resolutions or ordinances and the petition by one hundred twenty days before that election. If all required resolutions or ordinances and the petition are not received by that deadline, then the governing body must schedule the referendum for the next following general election for the House of Representatives.

 

SECTION 27. Section 6-13-120(C) of the S.C. Code is amended to read:

 

    (C) A petition signed by not less than twenty-five percent of the resident customers of the district, excluding corporations, requesting the dissolution of the district and identifying the assuming service provider must be presented to the governing body of the district.  The governing body shall verify the petition within thirty days, and notify the county election commission of the county, or counties if the

 district is located in more than one county, in which the district is located of those customers eligible to vote in a referendum which must be held within sixty days after notification to the election commissionon the first Tuesday following the first Monday in November in even-numbered years.  The district shall give thirty days notice to its customers of the referendum by including in the monthly statement for services a separate sheet of paper on which is printed the notice of the referendum which must state the time, date, purpose, and location where customers may vote.  The commission, or commissions, if the district is located in more than one county, shall prepare the ballots, conduct the referendum, and determine its results pursuant to the election laws of this State, mutatis mutandis.  The district shall reimburse the commission, or commissions, if the district is located in more than one county, for all costs incurred in conducting the referendum.  If sixty percent of the resident users of the district voting in the referendum, excluding corporations, vote in favor of the dissolution of the district and its transfer to the assuming service provider, it is effective upon the assumption, by ordinance if assumed by a municipality or county, or by resolution if assumed by a special purpose district or nonprofit corporation, of all debts and obligations by the governing body of the assuming service provider.  An assuming service provider must be located in the county where the district is located or be authorized to serve a contiguous area.

 

SECTION 28. Section 13-12-15 of the S.C. Code is amended to read:

 

    Section 13-12-15.  Upon the implementation of the provisions of this chapter, should only two of the three counties of Berkeley, Dorchester, and Charleston have elected to participate by approval of the initial referendum, the governing body of the nonparticipating county may thereafter call a referendum in such county on the question of participation in the authority. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered years.  After one referendum has been held under the provisions of this section, no more than one such referendum may thereafter be held within a two year period.  The referendum question shall read as follows:

    "Shall [insert name of county] join in the Trident Economic Development Finance Authority which shall have the power, among other things, with the approval of the governing bodies of Berkeley, Dorchester, and Charleston counties, to issue general obligation bonds for the purpose of promoting economic development in the area of the authority?

31		Yes	☐
32		No	☐

 

    "Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word 'No'."

 

    If this question receives a majority of the votes cast in the county, as certified by the Board of State Canvassers, the jurisdictional area of the authority shall be expanded to include the approving county on the date on which written evidence of this fact is transmitted to the Secretary of State.

 

SECTION 29. Section 48-9-590 of the S.C. Code is amended to read:

 

    Section 48-9-590.  The department shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda and shall supervise the conduct of such hearings and referenda.  It shall issue appropriate regulations governing the conduct of such hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum.  No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof shall have been given substantially as provided in Section 48-9-540 and such referendum shall have been fairly conducted. The referendum must be held on the first Tuesday following the first Monday in November in even-numbered years.

 

SECTION 30. Section 48-11-70 of the S.C. Code is amended to read:

 

    Section 48-11-70.  After the board of commissioners of the soil and water conservation district has recorded a determination that there is need in the interest of the public health, safety, and welfare for a watershed conservation district to function in the territory considered at the hearing and that the operation of the watershed conservation district is administratively practicable and feasible and has defined its boundaries, the board shall determine whether the majority of the qualified electors residing in the proposed watershed conservation district desire that the district be created.  To make this decision a referendum to approve or disapprove the creation of the watershed conservation district must be held by the county election commission in the next scheduled countywide election in the counties in which the proposed district is located on the first Tuesday following the first Monday in November in even-numbered years.  Only qualified electors residing in the watershed are eligible to vote in the referendum.  Applicable rules of the election apply to the referendum.  Due notice of the referendum must be given by the board of commissioners.  The notice must describe the boundaries of the proposed watershed district as determined by the board of commissioners of the soil and water conservation district, as provided in Section 48-11-60(B) and must state the authority for taxes to be levied each fiscal year for the purposes of the watershed conservation district.  If the majority of the qualified electors voting in the referendum approve the creation of the watershed conservation district, then the district is established and must be organized pursuant to this chapter.

 

 

SECTION 31. Section 48-11-100(C)(4) of the S.C. Code is amended to read:

 

    (4) If the board of commissioners determine that the prerequisites are met, then a referendum to approve or disapprove the change in the procedure for selecting watershed conservation district directors must be held by the county election commission in the next scheduled countywide election in the counties where the watershed conservation district is located on the first Tuesday following the first Monday in November in even-numbered years.  Applicable rules of the scheduled election apply to the referendum.  Due notice of the referendum must be given by the county election commission.  Notice must state that, if the procedure for selecting watershed conservation district directors is changed from election to appointment, the change is effective as current terms expire and that the authority of the watershed conservation district to levy an annual tax on real property in the district ceases when the first of the current terms expires and has been filled by appointment and continues as long as directors are appointed instead of elected.  Only qualified electors residing in the watershed conservation district may vote in the referendum.

 

SECTION 32. Section 48-11-120(B) of the S.C. Code is amended to read:

 

    (B) The board of commissioners shall hold a hearing on a proposal for bonds or other long term indebtedness required by law to be voted upon at an election after having given due notice of the hearing.  If it appears that the proposal is within the scope and purpose of this chapter and meets all other requirements of the law, then the proposal must be submitted to the qualified electors residing in the watershed conservation district by a referendum held in the next scheduled countywide election in the counties on the first Tuesday following the first Monday in November in even-numbered years.

 

SECTION 33. Section 48-11-185(C) of the S.C. Code is amended to read:

 

    (C) If the board of commissioners determines that the operation of the new single watershed conservation district is administratively practicable and feasible, then a referendum to approve or disapprove the consolidation of the watershed conservation districts must be held by the county election commission in the next scheduled countywide election in the counties in which the watershed is located on the first Tuesday following the first Monday in November in even-numbered years.  Applicable rules of the scheduled election apply to the referendum.  Due notice of the referendum must be given by the county election commission.  The notice must name the proposed watershed conservation district and describe its boundaries and state the authority for taxes to be levied each year for the purposes of

 the watershed conservation district.  Only qualified electors residing in the proposed watershed conservation district may vote in the referendum.

 

SECTION 34. Section 48-11-190(B) of the S.C. Code is amended to read:

 

    (B) If it is determined that the reasons given for discontinuance are valid and all obligations have been met, then the board of commissioners shall notify the county election commission who, after giving due notice, shall hold a referendum on the discontinuance of the watershed conservation district on the first Tuesday following the first Monday in November in even-numbered yearsin the next countywide election in the county.  Due notice of the referendum must contain a description of the watershed conservation district proposed to be discontinued.  Only qualified electors of the watershed conservation district may vote in the election.  The county election commission shall tabulate the results of the referendum at the close of the polls, deliver a written report of the results to the board of commissioners of the soil and water conservation district, and certify the results to the clerks of court and auditors of the counties involved.

 

SECTION 35. Section 61-6-2010(C) of the S.C. Code is amended to read:

 

    (C)(1) A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permit. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election on the first Tuesday following the first Monday in November in even-numbered years. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. On or after June 21, 1993, the question on the ballot shall be one or both of the following:

           (a) "Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors by the drink to bona fide nonprofit organizations and

 business establishments otherwise authorized to be licensed for consumption-on-premises sales?"  or

           (b) "Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?".

       (2) On or after June 21, 1993, a question authorized by this subsection may not appear on the ballot for a county or municipality less than forty-eight months following the failure of a question authorized by this subsection in said county or municipality.

       (3) The expenses for a referendum for this purpose must be paid by the county or municipality conducting the referendum.

       (4) In addition to the petition method of calling the referendum provided for in item (1) of this subsection, a county or municipal governing body by ordinance may also call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election for the House of Representatives, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D).

 

SECTION 36. Any referendum scheduled prior to the effective date of this act is exempt from the provisions contained by this act.

 

SECTION 37. This act takes effect upon approval by the Governor.

----XX----