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Current Status Bill Number:View additional legislative information at the LPITS web site.4133 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010516 Primary Sponsor:McGee All Sponsors:McGee and Coates Drafted Document Number:l:\council\bills\gjk\20570sd01.doc Residing Body:Senate Current Committee:Florence Delegation 87 SLD Subject:Florence County School District No. 1 Trustees, manner for election of, budget and tax levy duties provided History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020205 Committed to Florence Delegation 87 SLD Senate 20010522 Introduced, read first time, placed on local and uncontested Calendar without reference House 20010518 Read third time, sent to Senate House 20010517 Read second time, unanimous consent for third reading on Friday, 20010518 House 20010516 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on May 16, 2001 - Word format Revised on May 22, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
May 22, 2001
H. 4133
L. Printed 5/22/01--S.
Read the first time May 22, 2001.
TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1 ARE ELECTED BEGINNING WITH THE 2002 ELECTION, TO FURTHER PROVIDE FOR THEIR TERMS OF OFFICE, AND THE FILLING OF VACANCIES; AND TO AMEND ACT 239 OF 1981, RELATING TO THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1, AND THE BUDGET OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH ANNUAL SCHOOL MILLAGE ABOVE A CERTAIN AMOUNT MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT AND TO DELETE PROVISIONS RELATING TO THE ELECTION OF MEMBERS OF THE BOARD WHICH ARE INCONSISTENT WITH THE ABOVE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Notwithstanding any other provision of law, the Board of Trustees of Florence County School District 1 (the board) shall consist of nine members elected from the district in single-member election districts in the manner provided in this section beginning with the 2002 election. The elections in 2001 shall be conducted in the manner now provided by law. Of the three members of the board elected in 2001 in the manner now provided by law, Seats 4, 7, and 8, the one receiving the highest number of votes shall be elected for a term to expire on December 1, 2006, and the two members receiving the next highest number of votes shall be elected for terms to expire on December 1, 2004.
The terms of the three members of the board whose terms expire in 2002, Seats 1, 2, and 5, are extended from June 1, 2002, to December 1, 2002. Successors to the three members of the board whose terms expire in 2002 shall be elected in 2002 in the manner provided in this section for terms of four years each. The terms of the three members of the board whose terms expire in 2003, Seats 3, 6, and 9, are extended to December 1, 2004, and successors to these three members and the two members elected in 2001 for terms to expire in 2004 shall be elected in 2004 in the manner provided by this section for terms of four years each. The successor of the member whose term expires December 1, 2006, shall be elected in 2006 in the manner provided by this section for a term of four years.
(B) Beginning with the 2002 election, and every two years thereafter, members of the board shall be elected from the single-member district of his residence for terms of four years each in nonpartisan elections to be held at the same time as the general election by the qualified electors of the district. Each member must be a resident of the single-member district from which he runs. All members shall serve until their successors are elected and qualify.
(C) The Florence County Election Commission shall conduct these nonpartisan elections in the manner provided by the election laws of this State, mutatis mutandis. 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. The commissioners shall advertise the date of the election sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the election. The ballots shall be marked instructing the voters in their single-member district that they may vote for any one candidate. The candidate receiving the highest number of votes whether or not such vote constitutes a majority of these voting in the single-member district shall be declared elected and no runoff is required. All members of the board shall take office on December first following their election.
(D) Each candidate must file his statement of candidacy with the Florence County Election Commission during the period beginning no earlier than 12:00 noon on August first and ending no later than 12:00 noon on August fifteenth. However, if either of these dates falls on a Saturday, Sunday, or legal holiday, the date is extended until 12:00 noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday.
(E) Vacancies on the board occurring for any reason other than expiration of a term must be filled by appointment of the Florence County Legislative Delegation including the senators until the next scheduled election at which time the vacancy shall be filled for the remainder of the unexpired term or for a new term as the case may be; provided that if the vacancy occurs less than one hundred days before a regularly scheduled election, the appointment shall be until the election next following.
(F) The single-member districts as referred to in this section are those previously established by a court order. Following each census the school board shall have the authority to reapportion the single-member districts to comply with the principle of one-man one-vote.
SECTION 2. Section 6 of Act 239 of 1981 is amended to read:
"Section 6. On or before the fifteenth day of April June of each year the board shall file with the county auditor a budget for the operation of the district for the next fiscal year, together with the estimated millage requirement. The county auditor shall levy such the millage upon all taxable property within the school district, and the county treasurer shall collect the taxes so levied and disburse the funds; provided, however, that. However, if the budget submitted by the board requires a millage increase over the previous fiscal year, such increase shall not be effective unless approved by a majority vote of the electors at the school trustee election in November of even years or at a vote to be taken on the first Tuesday in May of any year. The school board shall have the authority to decide whether to have the vote taken in November of even years, or on the first Tuesday in May of any year. A May election shall predate and be in the month before the June budget filing with the county auditor by the board. In the event If the budget requires an increase in millage, the a notice advertising the school board trustee election voting date shall state the amount of the increase proposed and a vote shall be taken on such the increase. The ballot such these cases shall contain the following question and an explanatory statement thereof:
'Shall the millage for Florence County School District No. 1 be increased by ____ mills as recommended by the school board of trustees?
Only upon the affirmative vote of a majority of the electors voting in the special school election on the question as certified by the Commissioners of Election for Florence County Election Commission shall the county auditor levy the portion of the millage over the millage of the previous year. In the event If the voters fail to approve a millage increase by a majority vote of those voting in the election held in May, the school board may call for a second election to be held within fourteen days after the first election requesting approval of a lesser millage increase. Notice of such the second election shall be advertised at least one week prior to election day, and such the election shall must be conducted in like manner by the county election commission. In the event If no increase in millage is requested and approved after any of the elections, the millage levied shall remain the same or shall be reduced by majority vote of the board."
SECTION 3. Sections 1, 2, 3, 4, and 5 of Act 239 of 1981 are deleted effective with the date of the 2002 election.
SECTION 4. This act takes effect upon approval by the Governor.
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