Bill 4747

                    Current Status

Bill Number:                    4747
Ratification Number:            295
Act Number:                     531
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19960313
Primary Sponsor:                D. Smith 
All Sponsors:                   D. Smith 
Drafted Document Number:        pt\1982dw.96
Date Bill Passed both Bodies:   19960322
Governor's Action:              V
Date of Governor's Action:      19960401
Action on Governor's Veto:      O
Subject:                        Spartanburg County Cherokee Springs
                                Fire District

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960829  Act No. A531
Senate  19960404  Veto overridden
House   19960403  Veto overridden
House   19960402  Governor's veto received
------  19960401  Vetoed by Governor
------  19960326  Ratified R295
Senate  19960322  Read third time, enrolled for
                  ratification
Senate  19960321  Read second time, unanimous consent
                  for third reading on Friday,
                  19960322
Senate  19960319  Introduced, read first time,
                  placed on local and uncontested
                  Calendar without reference
House   19960315  Read third time, sent to Senate
House   19960314  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19960313  Introduced, read first time,
                  placed on Calendar without reference

(A531, R295, H4747)

AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

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

Board to be elected

SECTION 1. Section 4 of Act 318 of 1965, is amended to read:

"Section 4. (A) There is established a board of fire control for the district to be composed of seven members who must be elected in a nonpartisan election to be conducted at the same time as the 1996 general election for terms of office of six years each. However, the three members elected in 1996 who receive the highest number of the votes cast shall serve terms of six years each, the two members receiving the next highest number of votes cast shall receive initial terms of four years each, and the two members elected in 1996 receiving the lowest number of votes cast shall serve initial terms of two years each. The successors to the members serving the four-year terms must be elected in a nonpartisan election to be conducted at the same time as the general election four years thereafter, for terms of six years each. The successors to the members serving two-year terms must be elected in a nonpartisan election to be conducted at the same time as the general election two years thereafter, for terms of six years each. All members of the board shall serve until their successors are elected and qualify. If a vacancy on the board occurs for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term if the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

(B) The members of the board shall serve without pay and shall file annually a report with the Spartanburg County Board of Control, not later than the first of November of each year, showing all activities and disbursements made by the board during the year.

(C) The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the district.

(D) The candidate receiving the highest number of the votes for each seat in the election must be declared elected.

(E) The members of the board elected in these nonpartisan elections shall take office one week following certification of their election.

(F) The current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1996 election qualify and take office, at which time the then current terms of the present members of the board shall expire."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Vetoed by the Governor -- 4-1-96

Veto overridden by House -- 4-3-96

Veto overridden by Senate -- 4-4-96