H*3890 Session 104 (1981-1982)
H*3890(Rat #0575, Act #0518 of 1982) General Bill, By House Delegations
A Bill by the Berkeley Delegation to revise the membership of the Berkeley
County Board of Education and provide for the election of the members thereof
from single-member election districts in nonpartisan elections, to provide
that the County Superintendent of Education shall be appointed by the Board,
to authorize the Board to prepare an operational budget for the School
District of Berkeley County and to set the necessary tax millage to support
such budget, and to repeal Act 602 of 1971 and Act 224 of 1981, relating to
the Berkeley County Board of Education.
04/27/82 House Introduced and read first time HJ-2606
04/27/82 House Referred to delegation from Berkeley HJ-2606
04/29/82 House Delegation report: Favorable Berkeley HJ-2675
05/04/82 House Read second time HJ-2765
05/05/82 House Read third time and sent to Senate HJ-2788
05/05/82 Senate Intd. & placed on loc. & uncontested cal. w/o
reference SJ-11
06/15/82 Senate Read second time SJ-2
06/15/82 Senate Ordered to third reading with notice of amendments SJ-2
06/16/82 Senate Amended SJ-10
06/16/82 Senate Read third time SJ-10
06/16/82 Senate Returned SJ-10
06/16/82 House Concurred in Senate amendment and enrolled HJ-3986
06/16/82 House Ratified R 575 HJ-4050
06/18/82 Signed By Governor
06/18/82 Effective date 06/18/82 see Act for exceptions
06/18/82 Act No. 518
07/02/82 Copies available
(A518, R575, H3890)
AN ACT TO REVISE THE MEMBERSHIP OF THE BERKELEY COUNTY BOARD OF EDUCATION AND
PROVIDE FOR THE ELECTION OF THE MEMBERS THEREOF FROM SINGLE-MEMBER ELECTION
DISTRICTS IN NONPARTISAN ELECTIONS, TO PROVIDE THAT THE COUNTY SUPERINTENDENT OF
EDUCATION SHALL BE APPOINTED BY THE BOARD, TO AUTHORIZE THE BOARD TO PREPARE AN
OPERATIONAL BUDGET FOR THE SCHOOL DISTRICT OF BERKELEY COUNTY AND TO SET THE
NECESSARY TAX MILLAGE TO SUPPORT SUCH BUDGET, AND TO REPEAL ACT 602 OF 1971 AND
ACT 224 OF 1981, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
Composition of Berkeley County School Board
Section 1. The governing body of the School District of Berkeley County shall
be a board to be known as the Berkeley County Board of Education. The board shall
consist of eight members who beginning with the 1982 election shall be elected
in the manner hereinafter specified in this act. The present members of the
Berkeley County Board of Education shall continue to serve until January 1, 1983,
at which time the members of the board elected in the manner provided for in this
act shall take office. The county superintendent of education shall continue to
serve until the term for which he was elected expires, and the person elected to
that office in the general election of 1982 shall serve the full term for which
elected. Thereafter the county superintendent of education shall be appointed by
the board.
Election of members of the board
Section 2. The members of the board shall be elected in a nonpartisan election
to be held at the same time as the 1982 general election for terms of four years;
provided, however, that of those first elected the members from Districts 1, 3,
5, and 7 shall serve initial terms of two years. Successors to such members shall
be elected in a nonpartisan election to be held at the same time as the general
election thereafter. All members of the board shall serve until their successors
are elected and qualify. Members shall take once on the first day of January
following the election. At any election the candidate receiving the highest
number of votes shall be deemed elected.
Any vacancy occurring for any reason other than expiration of a term shall be
filled by election of the board by majority vote until the next scheduled
election at which time a successor shall be elected for the remainder of the
unexpired term. The present county superintendent of education and the person
elected to that office in November, 1982, shall serve as chairman of the board.
Commencing July 1, 1987, the board shall elect from among the members thereof one
person to serve as chairman for a term of one year, provided that no chairman
shall be eligible to serve more than two consecutive terms. Also commencing July
1, 1987, the county superintendent of education appointed by the board shall not
be a member thereof.
District divided into single-member election districts
Section 3. For the purpose of electing members of the Berkeley County Board of
Education, the School District of Berkeley County is hereby divided into eight
single-member election districts which shall be the same as the single-member
election districts from which members of the governing body of Berkeley County
are elected.
Election of members
Section 4. One member of the Berkeley County Board of Education shall be
elected from each of the eight single-member election districts established in
Section 3 of this act. Each member of the board must be a resident of the
district in which he is elected and shall be elected by the qualified electors
of that district. All persons desiring to qualify as a candidate shall file
written notice of such candidacy with the county election commission at least
thirty days before the date set for any such election but not earlier than sixty
days prior to an election. This notice of candidacy must be a sworn statement and
shall include the candidate's name, age, voting precinct, single-member election
district in which the candidate resides, period of residence in the district, and
such other information as the county election commission shall require.
The county commissioners of election shall conduct and supervise all 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 such elections, including the counting of ballots and declaring the results
thereof. The commissioners shall advertise the date of any such election sixty
days preceding the election in the newspapers of general circulation published
in Berkeley County and shall publish a second notice two weeks thereafter. The
cost of the elections shall be borne by Berkeley County. The results of the
elections shall be determined in accordance with the nonpartisan plurality method
prescribed by Section 1 of Act 81 of 1977.
Board empowered to prepare operational budget
Section 5. Notwithstanding any other provision of law, the Berkeley County
Board of Education is empowered to prepare an operational budget for the school
district and to set the necessary tax millage for general school purposes of the
district as reflected in the budget. For this purpose, the board shall furnish
to the Auditor and Treasurer of Berkeley County before the second day of
September of each year the school budget of the district for the ensuing year
together with a certification as to the tax millage set by the board in order to
finance the general school purposes of the district for that year as reflected
in the budget. This tax levy shall be assessed and collected in the same manner
as other ad valorem property taxes are assessed and collected.
Repeal
Section 6. (a) Act 602 of 1971 is repealed (which act collectively amends
Sections 21-1451, 21-1454, 21-1455, and 21-1456 of the 1962 Code which are also
repealed hereby).
(b) Act 224 of 1981 is repealed.
Time effective
Section 7. This act shall take effect upon approval by the Governor except as
to Section 5 and that part of Section 6 relating to Section 4 of Act 602 of 1971
(Section 21-1456 of the 1962 Code), and as to them, this act shall take effect
July 1, 1986. |