H*2083 Session 107 (1987-1988)
H*2083(Rat #0053, Act #0028 of 1987) General Bill, By C.H. Rice, H.H. Clyborne,
Fair and J.G. Mattos
A Bill 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.-amended title
12/31/86 House Prefiled
12/31/86 House Referred to Committee on Judiciary
01/13/87 House Introduced and read first time HJ-55
01/13/87 House Referred to Committee on Judiciary HJ-55
01/28/87 House Committee report: Favorable with amendment
Judiciary HJ-238
02/03/87 House Debate adjourned until Wednesday, February 11,
1987 HJ-358
02/11/87 House Objection by Rep. Aydlette HJ-496
02/11/87 House Debate adjourned until Wednesday, February 18,
1987 HJ-496
02/18/87 House Amended HJ-597
02/18/87 House Objection by Rep. J. Bradley, Holt & Foxworth HJ-599
02/19/87 House Objection withdrawn by Rep. Holt & Foxworth HJ-647
02/24/87 House Objection by Rep. Kohn HJ-699
02/26/87 House Objection withdrawn by Rep. Aydlette
02/26/87 House Amended HJ-778
02/26/87 House Read second time HJ-778
02/26/87 House Unanimous consent for third reading on next
legislative day HJ-780
02/27/87 House Read third time and sent to Senate HJ-796
03/03/87 Senate Introduced, read first time, placed on calendar
without reference SJ-731
03/05/87 Senate Amended SJ-811
03/05/87 Senate Read second time SJ-812
03/05/87 Senate Ordered to third reading with notice of
amendments SJ-812
03/10/87 Senate Amended SJ-832
03/18/87 Senate Read third time SJ-968
03/18/87 Senate Returned SJ-968
03/25/87 House Concurred in Senate amendment and enrolled HJ-1441
04/08/87 Ratified R 53
04/14/87 Signed By Governor
04/14/87 Effective date 04/14/87
04/14/87 Act No. 28
04/24/87 Copies available
(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. |