4013 by cuiliqing

VIEWS: 12 PAGES: 5

									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

H. 4013

STATUS INFORMATION

General Bill
Sponsors: Rep. Cooper
Document Path: l:\council\bills\dka\3568sd11.docx

Introduced in the House on March 31, 2011
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Special purpose districts


HISTORY OF LEGISLATIVE ACTIONS

    Date   Body Action Description with journal page number
 3/31/2011 House Introduced and read first time (House Journal-page 14)
 3/31/2011 House Referred to Committee on Labor, Commerce and Industry (House
                    Journal-page 14)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

3/31/2011
 1
 2
 3
 4
 5
 6
 7
 8
 9                              A BILL
10
11   TO AMEND SECTIONS 33-36-1330 AND 33-36-1340, CODE
12   OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13   PROCEDURES, INCLUDING ELECTION PROCEDURES, FOR
14   THE METHOD OF SELECTING MEMBERS OF THE
15   GOVERNING BODY OF A PUBLIC SERVICE DISTRICT
16   PROVIDING WATER AND SEWER SERVICES THAT WAS
17   CONVERTED FROM A NONPROFIT CORPORATION IN THE
18   MANNER PROVIDED BY LAW, SO AS TO PROVIDE THAT
19   BEGINNING WITH THE 2012 ELECTION, ALL MEMBERS
20   OF THE GOVERNING BODY OF A DISTRICT MUST BE
21   ELECTED IN NONPARTISAN ELECTIONS CONDUCTED AT
22   THE SAME TIME AS THE GENERAL ELECTION, AND TO
23   PROVIDE FOR OTHER PROVISIONS PERTAINING TO THE
24   ELECTION OF THESE MEMBERS.
25
26   Be it enacted by the General Assembly of the State of South
27   Carolina:
28
29   SECTION 1. Section 33-36-1330 of the 1976 Code is amended to
30   read:
31
32      “Section 33-36-1330. (A) The existing board of directors and
33   officers shall serve until the expiration of their present terms.
34   Thereafter, and not less than forty-five days prior to before any
35   expiration of the term of a board member, the board of directors
36   shall submit to the county legislative delegation the name or names
37   of a person or persons recommended for appointment or
38   reappointment. A letter of recommendation by the board stating
39   why the name or names are recommended shall must accompany
40   the submission. The county legislative delegation shall consider
41   the recommendation of the board but are not limited to make a
42   selection for its own recommendation from among those

     [4013]                           1
 1   submitted. Upon recommendation of the county legislative
 2   delegation, members of the board must be appointed by the
 3   Governor for a term of four years. A vacancy may be filled by the
 4   board, if the remaining term is less than two years; if more than
 5   two years, then in the usual manner for the unexpired term.
 6      (B) The governing body of the district, by a resolution adopted
 7   by a two-thirds vote of all members of the governing body, may
 8   request that board members be elected in a nonpartisan general
 9   election. If adopted, a certified copy of the resolution and a map
10   clearly setting out the lines of the boundaries of the district in the
11   county or counties in which the district is situated must be
12   presented to the county election commission prior to before August
13   first of a general election held in an even-numbered year for the
14   election to be held at the general election in November of that year.
15   The governing body must be elected from single-member election
16   districts.
17      (C) Notice of the election must be published by the governing
18   body of the district at least three times prior to before the election,
19   including (i) not less than sixty days prior to before the date of the
20   election, (ii) two weeks after the first date of publication, and (iii) a
21   date not more than fifteen and not less than ten days before the
22   date of the election. The notice must appear in a newspaper of
23   general circulation within the district and contain at a minimum the
24   following:
25         (1) the full name of the district and its governing body;
26         (2) the names, addresses, and telephone numbers of the
27   members of the district’s governing body;
28         (3) the existing means of appointment of members of the
29   district’s governing body;
30         (4) a brief description of the governmental services provided
31   by the district;
32         (5)(4) a map showing generally the boundaries of the district;
33         (6)(5) a list of precincts and polling places in which ballots
34   may be cast; and
35         (7)(6) an explanation of the procedure to be followed for
36   election of members of the district’s governing body and state.
37      (D) Beginning with the 2012 election and notwithstanding any
38   other provision of this section to the contrary, all members of the
39   governing body of the district must be elected in nonpartisan
40   elections conducted in the manner prescribed in Section
41   33-36-1340 and, beginning with these elections in 2012, the
42   provisions of subsections (A) and (B) no longer apply to the
43   selection of members of the governing body of the district.”

     [4013]                              2
 1
 2   SECTION 2. Section 33-36-1340 of the 1976 Code is amended to
 3   read:
 4
 5      “Section 33-36-1340. (A) On the first Tuesday following the
 6   first Monday in November in the year immediately following the
 7   year of the resolution in even-numbered years, the voters shall
 8   elect commissioners for all seats on the district’s governing body
 9   in a nonpartisan election to be conducted at the same time as the
10   general election. The size of a district’s governing body,
11   beginning with the 2012 election, shall remain the same.
12   Candidates must shall file a statement of intention of candidacy
13   with the entity charged by law with conducting the election at least
14   forty-five days before the election. Candidates must be qualified
15   electors and residents of the districts from which they seek
16   election.      Except for Including the initial election of
17   commissioners as provided in subsection (B), all commissioners
18   must be elected on an at-large basis for terms of four years with
19   terms staggered so that a simple majority of the commissioners are
20   elected in the next ensuing general a particular election year, and
21   the remaining commissioners are elected at the next following
22   general election. The terms of office of commissioners whose
23   seats are subject to contest in general an election shall expire
24   fourteen days following the general election.
25      (B) For the initial election of commissioners, all seats are
26   considered vacant. For those districts which do not now elect their
27   governing bodies and which are required to do so beginning in
28   2012 as provided in this section, all seats on the governing bodies
29   are considered vacant. In addition, all seats on a district’s
30   governing body beginning in 2012, and thereafter, must be filled
31   on an at-large basis. From among the commissioners elected in the
32   initial election, a simple majority thereof shall serve terms which
33   expire fourteen days following the general election held two four
34   years after the initial election. Those commissioners entitled to
35   serve the initial four-year terms are those commissioners equal in
36   number to a simple majority of the membership who received the
37   highest number of votes cast in the initial election. The remaining
38   commissioners shall serve terms which expire fourteen days
39   following the general election held the year two years following
40   the initial election and thereafter their successors must be elected
41   for four-year terms. All commissioners shall serve until their
42   successors are elected and qualify.


     [4013]                           3
 1      (C) The county election commission is charged with
 2   conducting and supervising the elections for commissioners in the
 3   manner governed by the election laws of this State, mutatis
 4   mutandis. Vacancies must be filled in the manner provided in
 5   Section 7-13-190. The notice and other requirements of subsection
 6   (C) of Section 33-36-1330 must be provided. The results of the
 7   elections, beginning in 2012, must be determined on the
 8   nonpartisan plurality method provided for in Section 5-15-61.”
 9
10   SECTION 3. This act takes effect upon approval by the Governor.
11                            ----XX----
12




     [4013]                          4

								
To top