Introduced

April 29, 2025

 

S. 618

 

Introduced by Senator Peeler

 

L. Printed 4/29/25--S.

Read the first time April 29, 2025

 

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A bill

 

to amend act 389 of 1907, as amended, so as to restate the composition of the board of public works for the city of gaffney, to add two additional members, and to specify the manner of election and of elections; and to repeal act 205 of 1953 and act 128 of 1967 related to the board.

 

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

 

SECTION 1.  Section 2 of Act 389 of 1907 is further amended to read:

 

    Section 2. (A) The Board of Public Works for the City of Gaffney, South Carolina be, and is hereby established by the General Assembly of the State of South Carolina and said Board shall consist of the following commissioners: (i) the original three commissioners established by Act 389 of 1907, as amended; (ii) two commissioners added by the City Council of the City of Gaffney pursuant to Act 476 of 1980, as amended, and otherwise approved by an authorizing action of the Gaffney City Council, as the governing body thereof; and (iii) two additional commissioners elected under subsection (B).

    (B) There is hereby established two additional commissioners to represent District 6 and District 7. These commissioners must be a qualified elector within the applicable district and also must be a resident of a household within such district with an active utility account for utility services received from the Board of Public Works. District 6 includes all that area within the service area of the Board of Public Works within Cherokee County, outside of the corporate boundaries of the City of Gaffney, and to the west of S.C. Highway 11 and S.C. Highway 18. District 7 includes all that area within the service area of the Board of Public Works within Cherokee County, outside of the corporate boundaries of the City of Gaffney, and to the east of S.C. Highway 11 and S.C. Highway 18. Each new commissioner must be elected by a majority of qualified registered electors participating in the special election of commissioners in 2025, at a date set by the Cherokee County Voter Registration and Election Board. In no event shall the election of the new commissioners occur beyond calendar year 2025. The new members from District 6 and 7 shall serve for an initial term equal to the longest remaining term of any existing commissioner at the time of the first election.

    (C) All successor commissioners, including both existing and new commissioners, must be elected by a majority of the qualified registered electors participating in the regular election for commission members for office terms of six years. All commissioners shall serve until their successors are elected and qualify. The election of all commissioners shall correspond with the general elections for municipal officers in the City of Gaffney.

    (D) Each person offering as a candidate for election as a commissioner shall do so by filing a notice of candidacy with the county election board no later than sixty days prior to the date of the election in the case of a general election, and no later than forty-five days prior to the date of the election in the case of a special election on a statement of candidacy form provided by the county election board. In addition to the notice of candidacy, each candidate shall pay a filing fee to the county election board in an amount equal to the appliable filing fee paid by any candidate for Gaffney City Council. If a form is not timely filed or fees are not timely paid, such candidate will not be able to stand for election. Respecting the initial election for commissioners to represent District 6 and 7, such election shall be considered a special election.

    (E) A vacancy of any commissioner shall be filled for the remainder of the unexpired term at the next regular election or at a special election if the vacancy occurs one hundred eighty days or more prior to the next general election. Special elections to fill vacancies in office by reason of death, resignation, or removal shall be held on the thirteenth Tuesday after the vacancy occurs.

 

SECTION 2.  Act 205 of 1953 and Act 128 of 1967 are repealed.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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