Bill 1019

                    Current Status

Bill Number:               1019
Ratification Number:       536
Act Number                 454
Introducing Body:          Senate
Subject:                   Election of commissioners

(A454, R536, S1019)

AN ACT TO AMEND SECTIONS 48-9-1220 AND 48-9-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO CHANGE THE METHOD OF NOMINATING AND ELECTING COMMISSIONERS AND TO CHANGE THE TERMS OF OFFICE OF THE COMMISSIONERS OF EXISTING DISTRICTS TO FOUR YEARS.

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

Election of commissioners

Section 1. Section 48-9-1220 of the 1976 Code is amended to read:

"Section 48-9-1220. Effective November, 1982, three commissioners from each district shall be elected. The election shall be non-partisan and shall be conducted by the county election commission at the same time as other county officers are elected in the general election.

To be placed on the ballot for county offices, each candidate shall submit to the county election commission a nominating petition with the signatures of two hundred fifty qualified registered electors or one percent of the qualified registered electors of the district, whichever is lesser.

The official number of qualified registered electors of the geographical area of any office shall be the number of registered electors of such area registered ninety days prior to the date of the election for which the nomination petition is being submitted.

The nominees in the petition shall be placed on the appropriate official ballot for the election if the petition is submitted to the county election commission not later than twelve noon on September eighteenth or, if September eighteenth falls on Sunday, not later than twelve noon on the following Monday. The form of the petition shall comply with the requirements in Section 7-11-80 pertaining to the conduct of general elections not conflicting herewith. Candidates shall be qualified registered electors and residents of the district in which elected.

The three candidates who receive the largest number of votes cast in such election shall be elected and shall assume office the following February first.

This election shall Be conducted pursuant to Title 7, mutatis mutandi, except as otherwise provided for specifically herein."

Term of office

Section 2. Section 48-9-1230 of the 1976 Code is amended to read:

"Section 48-9-1230. The term of office of each commissioner shall be four years, except that in newly created districts the elected commissioners' terms of office shall be until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners shall be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, shall be made in the same manner in which the retiring commissioners shall, respectively, have been selected, exceed that in the case of a vacancy in the unexpired term of an elected commissioner a successor may be appointed by the State Land Resources Conservation Commission upon the unanimous recommendation of the remaining commissioners. Any commissioner may be removed by the State and Resources Conservation Commission upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."

Time effective

Section 3. This act shall take effect upon approval by the Governor.