H*3268(Rat #0159, Act #0191 of 1991)  General Bill, By  House Delegations
 A Bill by the Fairfield Delegation to revise the membership of the board of
 trustees of the school district of Fairfield County and the manner in which
 these trustees are selected and to provide for other related matters
 pertaining to the board and the funds and budget of the school
 district.-amended title

   01/22/91  House  Introduced, read first time, placed on calendar
                     without reference HJ-9
   01/23/91  House  Debate adjourned until Thursday, January 24, 1991 HJ-16
   01/29/91  House  Debate adjourned until Wednesday, February 6, 1991 HJ-9
   02/07/91  House  Debate adjourned until Tuesday, February 12, 1991 HJ-11
   02/12/91  House  Debate adjourned until Tuesday, February 19, 1991 HJ-17
   02/19/91  House  Debate adjourned until Tuesday, February 26, 1991 HJ-7
   02/26/91  House  Debate adjourned until Wednesday, March 6, 1991 HJ-20
   03/06/91  House  Debate adjourned until Tuesday, March 19, 1991 HJ-2
   03/19/91  House  Debate adjourned until Thursday, March 21, 1991 HJ-32
   03/21/91  House  Debate adjourned until Wednesday, March 27, 1991 HJ-12
   03/28/91  House  Debate adjourned until Wednesday, April 3, 1991 HJ-16
   04/03/91  House  Debate adjourned until Tuesday, April 9, 1991 HJ-9
   04/09/91  House  Debate adjourned until Wednesday, April 10, 1991 HJ-10
   04/10/91  House  Amended HJ-18
   04/10/91  House  Read second time HJ-20
   04/11/91  House  Read third time and sent to Senate HJ-40
   04/16/91  Senate Intd. & placed on local & uncontested cal. w/o
                     reference SJ-15
   04/24/91  Senate Amended SJ-22
   04/24/91  Senate Read second time SJ-22
   05/15/91  Senate Amended SJ-15
   05/15/91  Senate Read third time and returned to House with
                     amendments SJ-17
   05/16/91  House  Concurred in Senate amendment and enrolled HJ-30
   05/21/91         Ratified R 159
   05/23/91         Signed By Governor
   05/23/91         Effective date 05/23/91
   05/23/91         Act No. 191
   06/18/91         Copies available

AN ACT TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED AND TO PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO THE BOARD AND THE FUNDS AND BUDGET OF THE SCHOOL DISTRICT.

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

Manner of election of board

SECTION 1. The membership of the board of trustees of the school district of Fairfield County must be elected one trustee from each of seven defined single-member election districts established under the provisions of a plan ordered by a court of competent jurisdiction on April 10, 1990, for election of members of Fairfield County Council. If the district lines from which members of the county council are elected change, then the applicable district lines for the election of the board of trustees for the school district shall change accordingly.

Method of declaration of election

SECTION 2. The candidate in each of the districts for a single office receiving a majority of the votes cast shall be declared the trustee for that district. A majority within the meaning of this section shall be determined by dividing the total votes cast for all candidates by two. Any excess of the sum so ascertained shall constitute a majority.

If no candidate for a respective district receives a majority of the votes cast in the first election, a run-off election shall be held two weeks later between the two candidates receiving the largest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the run-off election shall be declared elected.

Membership of board

SECTION 3. The board of trustees of the school district shall consist of seven members. The terms of office of the members are for four years and until their successors are elected and qualify. The election of the initial board must be held in a special nonpartisan election in 1991 to be conducted as provided by law for special elections beginning from the date the United States Department of Justice gives preclearance of this act. Of those members elected in 1991, the members elected from Districts 1, 3, 5, and 7 shall serve an initial term of three years commencing the first day of the month following certification of the candidates election, and their successors must be elected at the time of the primary election in 1994 and thereafter for terms of office of four years each. The members elected from Districts 2, 4, and 6 shall serve an initial term of five years commencing the first day of the month following certification of the candidates election, and their successors must be elected at the time of the primary election beginning in 1996 and thereafter for terms of office of four years each. Vacancies on the board must be filled by special election conducted by the Fairfield County Election Commission.

Terms of office

SECTION 4. The members of the board elected in this nonpartisan election take office on the first day of the month following certification of the candidates' election. The terms of the board members in office on the effective date of this act expire when the single-member district board members elected as provided in Sections 1, 2, and 3 of this act take office.

Compensation of board members

SECTION 5. Members of the board of trustees serve without pay. Each member of the board may receive a per diem allowed by law for boards and commissions for attendance at board meetings and may be paid mileage to and from such meetings. No member may receive per diem and mileage unless in actual attendance upon a meeting of the board. When a member of the board is directed to travel outside the county or school district on official business of the board, he may be allowed actual expenses incurred payable from the school district budget.

Meetings of board

SECTION 6. The board of trustees shall hold regular meetings at least once a month and special meetings as often as necessary. All meetings are open to the public.

Unit for receiving funds

SECTION 7. The School District of Fairfield County is the unit for financing and receiving local, state, and federal funds. The board of trustees is charged with the responsibility for the expenditure and accounting of funds in the hands of the board.

School funds

SECTION 8. All school funds of the county must be deposited in the office of the Treasurer of Fairfield County to the credit of the district and withdrawn only upon warrants issued by the board of trustees.

School budget

SECTION 9. The board shall prepare an annual budget for general school purposes. The board is authorized and empowered, by resolution duly adopted, to determine and fix the amount of the levy needed to operate schools in the district and shall notify the county auditor on or before June fifteenth of each year of the amount of the levy and file with him a certified copy of the resolution. In the event the annual budget increases in excess of three percent of the total budget for the previous year or increases in excess of the consumer price index for the previous year, whichever is less, the budget must be submitted for approval to the Fairfield County Council. The council, after approving the budget, shall set the necessary tax millage and furnish a copy of the budget and a certification of the tax millage set to the auditor by June fifteenth.

Prior acts repealed

SECTION 10. All prior acts or parts of prior acts inconsistent with this act are repealed.

Time effective

SECTION 11. This act takes effect upon approval by the Governor.

Approved the 23rd day of May, 1991.