H*2674 Session 106 (1985-1986)
H*2674(Rat #0334, Act #0607 of 1986) General Bill, By R.B. Brown and
J.W. McLeod
A Bill to provide for the election of the members of the Marion County Board
of Education and the manner in which they are elected and to repeal Sections 4
through 9, Part II, of Act 410 of 1975; Act 776 of 1930 (Sections 21-3451
through 21-3456 of the 1962 Code); Act 746 of 1932 (Sections 21-3471 through
21-3473 and 21-3476 of the 1962 Code); Act 215 of 1955 (Section 21-3476 of the
1962 Code); Act 821 of 1922 (Section 21-3477 of the 1962 Code); and Act 776 of
1930 (Section 21-3478 of the 1962 Code) relating to the Marion County Board of
Education, school trustees, and the operation of the Marion County School
Districts.-amended title
03/26/85 House Introduced and read first time HJ-1617
03/26/85 House Referred to delegation from Marion HJ-1617
06/11/85 House Delegation report: Favorable with amendment
Marion HJ-4096
06/11/85 House Amended HJ-4096
06/11/85 House Read second time HJ-4104
06/11/85 House Unanimous consent for third reading on next
legislative day HJ-4104
06/12/85 House Read third time and sent to Senate HJ-4117
06/18/85 Senate Intd. & placed on loc. & uncontested cal. w/o
referenc SJ-3004
01/22/86 Senate Read second time SJ-202
01/22/86 Senate Ordered to third reading with notice of
amendments SJ-202
02/05/86 Senate Amended SJ-473
02/05/86 Senate Read third time SJ-477
02/05/86 Senate Returned SJ-477
02/05/86 House Concurred in Senate amendment and enrolled HJ-565
02/18/86 Ratified R 334
02/20/86 Signed By Governor
02/20/86 Effective date 02/20/86
02/20/86 Act No. 607
02/20/86 See Act for exceptions to effective date
03/06/86 Copies available
(A607, R334, H2674)
AN ACT TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE MARION COUNTY BOARD
OF EDUCATION AND THE MANNER IN WHICH THEY ARE ELECTED AND TO REPEAL SECTIONS 4
THROUGH 9, PART II, OF ACT 410 OF 1975; ACT 776 OF 1930 (SECTIONS 21-3451 THROUGH
21-3456 OF THE 1962 CODE); ACT 746 OF 1932 (SECTIONS 21-3471 THROUGH 21-3473 AND
21-3476 OF THE 1962 CODE); ACT 215 OF 1955 (SECTION 21-3476.1 OF THE 1962 CODE);
ACT 821 OF 1922 (SECTION 21-3477 OF THE 1962 CODE); AND ACT 776 OF 1930 (SECTION
21-3478 OF THE 1962 CODE) RELATING TO THE MARION COUNTY BOARD OF EDUCATION,
SCHOOL TRUSTEES, AND THE OPERATION OF THE MARION COUNTY SCHOOL DISTRICTS.
Be it enacted by the General Assembly of the State of South Carolina:
Composition of board
SECTION 1. The Marion County Board of Education is composed of seven members who
must be residents of and elected by the respective, qualified electors of the
same seven single-member election districts from which members of the Marion
County Council are elected. The present members of the board shall continue to
serve until their successors are elected and qualify in the manner provided and
take office.
Election district
SECTION 2. Each geographical area from which a member is elected constitutes and
is referred to as an election district, unless the context clearly indicates
otherwise.
Term, election districts, etc.
SECTION 3. Members of the board must be elected for terms of four years each and
until their successors are elected and qualify. Of those first elected, three
members shall serve for a term of two years and four members shall serve for a
term of four years. The four candidates receiving the most number of votes shall
serve a term of four years. Vacancies occurring for any reason must be filled
at the next school board election in the same manner of original election for the
remainder of the unexpired term or for a full term as the case may be.
The members of the board must be elected in nonpartisan elections beginning in
1986 to be held as hereinafter provided. The 1986 election must be held on the
same date as the holding of the primary election and elections must be held every
two years thereafter on the second Tuesday of April of that even-numbered year.
Persons elected shall take office on the first Monday following their
certification.
The members of the board must be residents of the election district from which
election is sought and be elected from the district by the qualified electors of
that district. Any person desiring to qualify as a candidate shall file written
notice of his candidacy with the county election commission at least thirty days
before the date set for the election but not earlier than sixty days prior to the
election. The notice of candidacy must be a sworn statement and shall include
the candidate's name, age, voting precinct, period of residence in the district,
and such other information as the county election commission requires.
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 mutandi. 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
thereof. The commissioners shall advertise the date of the election sixty days
preceding it in a newspaper of general circulation in the county and shall
publish a second notice thirty days before the election. The costs of the
election must be borne by the county board of education.
The results of the election must be determined in accordance with the
nonpartisan plurality method prescribed by Section 1 of Act 81 of 1977.
The present members of each board of trustees shall continue to serve until
their successors are qualified and take office in a manner provided by the county
board of education or upon dissolution of each board of trustees in the manner
provided in Section 6 of this act.
Compensation
SECTION 4. The members of the board shall receive an annual compensation of one
thousand, two hundred dollars each. The board thereafter may adjust the
compensation to become effective after the next election of at least three
members.
Millage authorized
SECTION 5. Beginning with its 1987-88 fiscal year, the elected board of education
may levy for the annual operation of the district, districts, or board without
the authorization of the General Assembly by act or joint resolution, the millage
authorized to be levied for these purposes for the previous year plus a millage
increase which on a percentage basis does not exceed the annual inflation factor
as determined under the South Carolina Education Finance Act for that year. If
the board desires to levy millage in excess of these limits it may do so only
with the approval of the qualified electors in the school district in a
referendum called in the same manner as provided for in Chapter 9, Title 4, of
the 1976 Code.
Operation of district
SECTION 6. The county board of education has the authority to operate the school
district or districts in any manner approved by the elected board, including the
delegation of authority to any school district board of trustees. Consolidation
of any existing school districts or abolition of any district board of trustees
by the board of education must first have the approval of the qualified electors
in the school district, in a referendum called in the same manner as provided for
in Chapter 9, Title 4, of the 1976 Code.
Commissioners of election to conduct and
supervise referendum
SECTION 7. The county commissioners of election shall conduct and supervise any
referendum required by this act in the manner governed by the election laws of
this State mutatis mutandi. The commissioners shall prepare the necessary
ballots, appoint managers for the voting precincts, and do all things necessary
to carry out the referendum, including the counting of ballots and declaring the
results thereof. The commissioners shall advertise the date of the referendum
sixty days preceding it in a newspaper of general circulation in the district and
shall publish a second notice thirty days before the referendum. The costs of
the referendum must be borne by the county board of education.
County attendance supervisor
SECTION 8. The county attendance supervisor, the county adult education
supervisor, and the county vocational education center are under the supervision
and authority of the county board of education.
Repeal
SECTION 9. Sections 4 through 9, Part II, of Act 410 of 1975; Act 776 of 1930
(Sections 21-3451 through 21-3456 of the 1962 Code); Act 746 of 1932 (Sections
21-3471 through 21-3473 and 21-3476 of the 1962 Code); Act 215 of 1955 (Section
21-3476.1 of the 1962 Code); Act 821 of 1922 (Section 21-3477 of the 1962 Code);
and Act 776 of 1930 (Section 21-3478 of the 1962 Code) are repealed.
Time effective
SECTION 10. This act shall take effect upon approval by the Governor. However,
if this act has not been precleared by the United States Department of Justice
pursuant to the Federal Voting Rights Act of 1965 by May 1, 1986, the election
set herein for 1986 must be postponed to a later time to be set by the Marion
County Election Commission so as to allow for sufficient time for filing of
candidacies, and the notice and conduct of the election. The members elected at
this later date shall take office on the first Monday following their election. |