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COMMITTEE AMENDMENT ADOPTED AND AMENDED
May 4, 2000
S. 1197
S. Printed 5/4/00--S.
Read the first time February 29, 2000.
TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME THAT CERTAIN BUILDING CODES AND STANDARDS MUST BE ADOPTED BY THE STATE MUNICIPALITIES AND COUNTIES AFTER THE ESTABLISHMENT OF A BUILDING INSPECTION DEPARTMENT, SO AS TO PROHIBIT THE ADOPTION BY THE STATE OF ANY PORTION OF A REGIONAL OR NATIONAL BUILDING CODE THAT RELATES PRIMARILY TO SAFETY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 6-9-120, RELATING TO EXEMPTING WATER OR SEWER SYSTEMS FROM THE PROVISIONS OF CHAPTER 9, TITLE 6 (BUILDING CODES), SO AS TO EXEMPT LANDSCAPE IRRIGATION SYSTEMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-9-120 of the 1976 Code is amended to read:
"Section 6-9-120. Nothing in this chapter affects landscape irrigation systems, except those where chemical concentrates are directly injected, water systems, or sewer systems in this State."
SECTION 2. Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:
"Section 6-11-330. (A) A special purpose district that was empowered as of March 7, 1973, to provide fire protection services to the area within its boundaries may provide emergency medical services to the area within its boundaries if it has received permission, by written resolution, from the governing body of the county or counties in which the district is located, provided that these emergency medical services may not be provided to those parts of the district's area where emergency medical services are being provided by a governmental entity at the time the district's governing body determines to utilize the provisions of this section. The district may build, acquire, construct, operate, and maintain such facilities, contract for the use of these facilities, acquire or lease such equipment, and hire, train, and employ the personnel as are in the opinion of the governing body of the special purpose district necessary to or helpful in the provision of emergency medical services by the district. The district may impose such schedule of rates and charges for the provision of emergency medical services as the governing body of the district shall from time-to-time approve. The governing body of the district may place into effect and revise, whenever it wishes or is required, a schedule of rates for the emergency medical services made available by it.
(B) All other powers of a special purpose district shall continue and are not considered to be changed by the provisions of this section.
Section 6-11-331. (A) The governing body of the district, by a resolution adopted by two-thirds vote of all members of the governing body, request that board members be elected in a nonpartisan general election. If adopted, a certified copy of the resolution and a map clearly setting out the lines of the boundaries of the district in the county or counties in which the district is situated and the boundaries of single-member districts, if any, must be presented to the county election commission before August first of a general election held in an even-numbered year for the election to be held at the general election in November of that year.
(B)(1) Notice of the election must be published by the governing body of the district at least three times before the election, including:
(a) not less than sixty days before the date of the election;
(b) a date not more than fifteen and not less than ten days before the date of the election; and
(c) two weeks after the first date of publication.
(2) The notice must appear in a newspaper of general circulation within the district and contain, at a minimum, the following:
(a) the full name of the district and its governing body;
(b) the names, addresses, and telephone numbers of the members of the district's governing body;
(c) the existing means of appointment of members of the district's governing body;
(d) a brief description of the governmental services provided by the district;
(e) a map showing generally the boundaries of the district and the boundaries of single-member districts, if any;
(f) a list of precincts and polling places in which ballots may be cast;
(g) an explanation of the procedure to be followed for election of members of the district's governing body.
(C) On the first Tuesday following the first Monday in November in the year immediately following the year of the resolution, the voters shall elect commissioners for all seats on the district's governing body. Candidates must file, pursuant to the provisions of Section 6-11-70(B), with the county election commission. All commissioners must be elected for terms of four years with terms staggered so that a simple majority of the commissioners are elected in the next ensuing general election year, and the remaining commissioners are elected at the next following general election. The commissioners receiving the highest number of votes shall receive the four-year terms. Those remaining commissioners shall serve terms of two years. At the expiration of the two-year terms, these commissioners are elected for terms of four years. All members serve until their successors are elected and qualify. The terms of office of commissioners whose seats are subject to contest in general election shall expire fourteen days following the general election.
(D) Each special purpose district shall provide by resolution for the election of its board. Boards shall select one of the following methods of election:
(1) members of the board elected from the district at large;
(2) members of the board elected from single-member election districts from the boundaries which have been drawn by the board set forth in the resolution required by Section 6-11-331(A); or
(3) some members of the board elected from single-member election districts and the remainder elected from the district at large.
(E) For the initial election of commissioners, all seats are considered vacant. From among the commissioners elected in the initial election, a simple majority serve terms which expire fourteen days following the general election held three years after the initial election. Those commissioners entitled to serve the initial three-year terms are those commissioners equal in number to a simple majority of the membership who received the highest number of votes cast in the initial election. The remaining commissioners serve terms which expire fourteen days following the general election held in the year following the initial election.
(F) The county election commission shall conduct and supervise the elections for commissioners in the manner governed by the election laws of this State, mutatis mutandis. Vacancies must be filled in the manner provided in Section 7-13-190."
Section 6-11-332. Notwithstanding the provisions of Section 2-1-240 or any other provision of law, in the case of special purpose districts, the governing bodies of which are presently appointed by the Governor, these appointments shall continue to be made in the manner presently provided by law. However, in the case of legislative delegations or members of them presently authorized to recommend or nominate to the Governor persons for membership on special purpose district governing bodies, this authority is limited to the making of nonbinding recommendations."
SECTION 3. This act takes effect upon approval by the Governor.
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