H*4011 Session 106 (1985-1986)
H*4011(Rat #0632, Act #0536 of 1986) General Bill, By Bailey and F.L. Day
A Bill to provide for the consolidation of Dorchester County School District
No. 1 and Dorchester County School District No. 3 into a single school
district to be known as Dorchester County School District No. 4; to provide
for the initial composition of the governing body of the new district; to
establish a single-member election method for members of the governing body;
to provide for the terms; to provide for a transition period; to provide for
the conduct of the election of the members of the board; to provide that the
consolidation takes effect upon approval by the United States Justice
Department; to provide that all attendance areas in Dorchester County School
Districts 1 and 3 existing on the effective date of this Act are not affected
by the provisions of this Act and to provide an exception; to prohibit the
consolidation of School Districts 2 and 4 unless approved by favorable
referendum of the electors residing in each district; to repeal Act 268 of
1985 relating to the prohibition upon consolidating the three school districts
in Dorchester County, except upon petition of the board of trustees in the
districts to be consolidated and approval of a majority of the registered
voters of the school districts to be consolidated voting in a referendum and
ratified by the Dorchester County Board of Education; to provide for the
alteration of the boundaries of School Districts Nos. 1 and 3 so that the
Rosinville Community is incorporated into Dorchester County School District
No. 1 and to provide for a description of the area and the date the alteration
is effective; and to amend Act 535 of 1982, relating to the requirement that
members of the board of trustees of Summerville School District No. 2 of
Dorchester County must be elected rather than appointed and to provide the
manner in which these trustees must be elected, so as to delete the
requirement that a person wishing to become a candidate for election to the
board shall file a petition bearing the signature of three percent of the
qualified electors of the district with the County Election Commission and to
require instead that candidates shall file a written notice of candidacy with
the Commission; to require that the expenses of the election of board members
must be borne by the District instead of the County; and to amend Section
7-7-230, as amended, relating to the designation of voting precincts and
voting places in Dorchester County, so as to change the voting place in
Precinct No. 16 (Clemson) from the Industrial Building, Highway 78, to the
Duboe Middle School.-amended title
06/05/86 House Introduced, read first time, placed on calendar
without reference HJ-3884
06/05/86 House Unanimous consent for second reading on next
legislative day HJ-3884
06/05/86 House Unanimous consent for third reading on next
legislative day HJ-3884
06/10/86 House Amended HJ-3905
06/10/86 House Read second time HJ-3909
06/11/86 House Read third time and sent to Senate HJ-3910
06/16/86 Senate Intd. & placed on loc. & uncontested cal. w/o
referenc SJ-3762
06/17/86 Senate Read second time SJ-3764
06/17/86 Senate Ordered to third reading with notice of
amendments SJ-3764
06/19/86 Senate Amended SJ-3779
06/19/86 Senate Read third time SJ-3792
06/19/86 Senate Returned SJ-3792
06/19/86 House Concurred in Senate amendment and enrolled
06/19/86 Ratified R 632
06/23/86 Signed By Governor
06/23/86 Effective date 06/23/86
06/23/86 Act No. 536
07/28/86 Copies available
(A536, R632, H4011)
AN ACT TO PROVIDE FOR THE CONSOLIDATION OF DORCHESTER COUNTY SCHOOL DISTRICT
NO. 1 AND DORCHESTER COUNTY SCHOOL DISTRICT NO. 3 INTO A SINGLE SCHOOL DISTRICT
TO BE KNOWN AS DORCHESTER COUNTY SCHOOL DISTRICT NO. 4; TO PROVIDE FOR THE
INITIAL COMPOSITION OF THE GOVERNING BODY OF THE NEW DISTRICT; TO ESTABLISH A
SINGLE-MEMBER ELECTION METHOD FOR MEMBERS OF THE GOVERNING BODY; TO PROVIDE FOR
THE TERMS; TO PROVIDE FOR A TRANSITION PERIOD; TO PROVIDE FOR THE CONDUCT OF THE
ELECTION OF THE MEMBERS OF THE BOARD; TO PROVIDE THAT THE CONSOLIDATION TAKES
EFFECT UPON APPROVAL BY THE UNITED STATES JUSTICE DEPARTMENT; TO PROVIDE THAT ALL
ATTENDANCE AREAS IN DORCHESTER COUNTY SCHOOL DISTRICTS 1 AND 3 EXISTING ON THE
EFFECTIVE DATE OF THIS ACT ARE NOT AFFECTED BY THE PROVISIONS OF THIS ACT AND TO
PROVIDE AN EXCEPTION; TO PROHIBIT THE CONSOLIDATION OF SCHOOL DISTRICTS 2 AND 4
UNLESS APPROVED BY FAVORABLE REFERENDUM OF THE ELECTORS RESIDING IN EACH
DISTRICT; TO REPEAL ACT 268 OF 1985 RELATING TO THE PROHIBITION UPON
CONSOLIDATING THE THREE SCHOOL DISTRICTS IN DORCHESTER COUNTY, EXCEPT UPON
PETITION OF THE BOARD OF TRUSTEES IN THE DISTRICTS TO BE CONSOLIDATED AND
APPROVAL OF A MAJORITY OF THE REGISTERED VOTERS OF THE SCHOOL DISTRICTS TO BE
CONSOLIDATED VOTING IN A REFERENDUM AND RATIFIED BY THE DORCHESTER COUNTY BOARD
OF EDUCATION; TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF SCHOOL DISTRICTS
NOS. 1 AND 3 SO THAT THE ROSINVILLE COMMUNITY IS INCORPORATED INTO DORCHESTER
COUNTY SCHOOL DISTRICT NO. 1 AND TO PROVIDE FOR A DESCRIPTION OF THE AREA AND THE
DATE THE ALTERATION IS EFFECTIVE; AND TO AMEND ACT 535 OF 1982, RELATING TO THE
REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT
NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND TO PROVIDE
THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE
REQUIREMENT THAT A PERSON WISHING TO BECOME A CANDIDATE FOR ELECTION TO THE BOARD
SHALL FILE A PETITION BEARING THE SIGNATURE OF THREE PERCENT OF THE QUALIFIED
ELECTORS OF THE DISTRICT WITH THE COUNTY ELECTION COMMISSION AND TO REQUIRE
INSTEAD THAT CANDIDATES SHALL FILE A WRITTEN NOTICE OF CANDIDACY WITH THE
COMMISSION; TO REQUIRE THAT THE EXPENSES OF THE ELECTION OF BOARD MEMBERS MUST
BE BORNE BY THE DISTRICT INSTEAD OF THE COUNTY; AND TO AMEND SECTION 7-7-230, AS
AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND VOTING PLACES IN
DORCHESTER COUNTY, SO AS TO CHANGE THE VOTING PLACE IN PRECINCT NO. 16 (CLEMSON)
FROM THE INDUSTRIAL BUILDING, HIGHWAY 78, TO THE DUBOSE MIDDLE SCHOOL.
Be it enacted by the General Assembly of the State of South Carolina:
PART I
School districts consolidated into single
district
SECTION 1. Upon approval of this Part by the United States Department of Justice
pursuant to the Voting Rights Act, Dorchester County School District No. 1 and
Dorchester County School District No. 3 are consolidated into a single school
district to be known as Dorchester County School District No. 4, which is a body
politic and corporate as provided in Section 59-17-10 of the 1976 Code and is
vested with all of the powers, duties, and assets of the former districts.
Governing body, executive committee
SECTION 2. (A) The governing body of Dorchester County School District No. 4
is the executive committee as provided for in Section 3 of this Part.
(B) The board must be composed initially of the present members of the board
of trustees of Dorchester County School District No. 1 and Dorchester County
School District No. 3, who shall serve until the terms of the office to which
they were elected or appointed expire or they resign or until the members
succeeding them elected and appointed in 1988 assume office, whichever occurs
first. Following the election of 1988, the board must be composed of seven
members.
(C) In 1988 five members of the board of trustees of Dorchester County School
District No. 4 must be elected from each of the five equally apportioned
single-member election districts which the General Assembly establishes in 1987
based on the 1980 general census figures and two members must be appointed from
the district at large by a majority vote of the Dorchester County Legislative
Delegation for terms of two years. In 1992, all seven members of the board must
be elected from seven single-member districts which the General Assembly shall
establish.
(D) Trustees must be elected for terms of office of four years each and shall
serve until their successors are elected and qualified except that of those first
elected in 1988 from single-member districts, the member receiving the fewest
votes shall serve for a term of two years and until his successor is elected and
qualifies. Trustees elected by the qualified electors of the respective
single-member districts must be elected in nonpartisan elections to be conducted
at the same time as the general election of the applicable year.
(E) Trustees, including executive committee members serving pursuant to
Section 3 of this act, shall receive no salary, but may receive the usual
mileage, subsistence, and per diem allowed by law for members of state boards,
committees, and commissions.
Board of education to select executive
committee
SECTION 3. Upon approval of this Part by the United States Department of
Justice pursuant to the Voting Rights Act, the Dorchester County Board of
Education shall select from the fourteen-member board a seven-member executive
committee, who shall serve for terms determined by the Dorchester County Board
of Education or until replaced by elected and appointed trustees in 1988,
whichever occurs first. The committee must initially consist of four members
from Dorchester County School District No. 1 Board of Trustees and three members
from Dorchester County School District No. 3 Board of Trustees. The executive
committee shall function as the governing body of the district. The members of
the executive committee shall meet promptly after their appointment and shall
elect from their number a chairperson and vice-chairperson. The members of the
executive committee shall elect a superintendent who shall report directly and
exclusively to the executive committee. Any vacancies on the executive committee
must be filled by appointment by the Dorchester County Board of Education.
Budget to be prepared
SECTION 4. The Executive Committee of Dorchester County School District No. 4
shall promptly prepare and submit to the appropriate taxing authority a budget
for the ensuing year.
Election from single-member election districts
SECTION 5. The popularly elected members of the board of trustees must be
residents of the single-member district from which they are elected and must be
elected as provided in this Part. The members appointed by the Dorchester County
Legislative Delegation must be qualified electors of the district. All persons
desiring to qualify as candidates and be elected to the board by the qualified
electors shall file written notice of candidacy with the Dorchester County
Election Commission at least sixty days before the date set for the election but
not earlier than ninety days prior to the election. This notice of candidacy
must be a sworn statement and must include the candidate's name, age, voting
precinct, period of residence in the applicable single-member district, and other
information the commission requires.
The Dorchester County Election Commission shall conduct and supervise the
elections in the manner governed by the election laws of this State, mutatis
mutandi. The commission 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 of the elections.
The commission shall advertise the date of the election ninety days preceding the
election in a newspaper of general circulation published in the district and
shall publish a second notice thirty days before the election. The costs of the
election must be borne by the district.
The results of the election must be determined in accordance with the
nonpartisan plurality method prescribed by Section 5-15-61 of the 1976 Code.
Attendance areas not affected
SECTION 6. Except for the transfer of the area to School District No. 1 as
provided in Part II of this act, all attendance areas existing on the effective
date of this act are not affected by the provisions of this act.
Districts prohibited from consolidation -
conditions
SECTION 7. Dorchester County School District No. 4, created under the
provisions of this Part, and Dorchester County School District No. 2 are
prohibited from consolidating unless the registered electors of each school
district approve a consolidation of the two districts which must be conducted at
the time of a general election.
Repeal
SECTION 8. Act 268 of 1985 is repealed.
PART II
Boundary of school districts altered
SECTION 1. The boundaries of Dorchester County School District Nos. 1 and 3 are
altered in accordance with Section 59-17-20, Code of Laws of South Carolina,
1976, so that the Rosinville community is incorporated into Dorchester County
School District No. 1. The area transferred to School District No. 1 is
described as follows: Beginning at a point on Road 37 at Indian Field Swamp and
running thereon in a northeasterly direction until the same intersects with U.
S. Highway 178, then continuing in a northeasterly direction until the same
intersects with Road 50 and then from the point of intersection of Road 50 and
Road 37 in a straight line to the beginning of an unnamed branch of the Pee Dee
Branch, then northwesterly to the intersection with I-26, then northwesterly in
a straight line to a point in Four Hole Swamp approximately one and one-quarter
miles south of Highway 15.
Effective date of alteration
SECTION 2. The alteration of school district lines provided in this Part are
effective beginning with the 1986 ad valorem tax year and the 1986-87 school
year.
PART III
Summerville School District No. 2, composition
of board, election
Subsection (b) of Section 2 of Act 535 of 1982 is amended to read:
"(b) Beginning January 1, 1983, the board of trustees of Summerville
School District No. 2 shall consist of seven members who must be residents of the
district they represent and who must be elected at large by the qualified
electors of that district. Members of the board must be elected in a nonpartisan
election conducted by the county election commission at the time of the 1982
general election. The seven candidates receiving the highest number of votes are
elected. The four elected members of the board receiving the highest vote shall
serve terms of four years and the three elected members receiving the next
highest vote shall serve initial terms of two years each. Thereafter, their
successors must be elected in nonpartisan elections held at the time of the
general election every two years, as terms expire, for terms of four years but
in no case may any trustee serve more than two successive four-year terms. All
members of the board shall serve until their successors are elected and qualify.
Vacancies on the board must be filled by appointment of the county legislative
delegation until the next general election at which time a successor must be
elected in the same manner provided herein for the unexpired term or for a full
term as the case may be. Any person who wishes to become a candidate for
election to the board shall file written notice of candidacy with the Dorchester
County Election Commission at least sixty days before the date set for the
election but not earlier than ninety days prior to the election. This notice of
candidacy must be a sworn statement and must include the candidate's name, age,
voting precinct, period of residence in the district, and other information the
commission may require. When validated the commission shall place the name of
the candidate on the ballot without regard to party affiliation.
A separate, nonpartisan ballot must be used for the election of the board. It
shall comply substantially with the provisions of Article 3 of Chapter 13 of
Title 7 of the 1976 Code, mutatis mutandi. The expenses of the election must be
borne by the district."
PART IV
Voting place changed
Item 16 of Section 7-7-230 of the 1976 Code, as last amended by Act 294 of 1984,
is further amended to read:
"16. Clemson Dubose Middle School."
PART V
Time effective
This act shall take effect upon approval by the Governor. |