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4315Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010813Primary Sponsor: LawAll Sponsors: Law, Merrill, Hinson, Dantzler and GourdineDrafted Document Number: l:\council\bills\nbd\11903ac01.docResiding Body: SenateCurrent Committee: Berkeley County Delegation 87 SLDSubject: Berkeley County Education Board, non- partisan election of at-large member beginning in 2002; School DistrictsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010822 Introduced, read first time, 87 SLD referred to Berkeley County Delegation House 20010815 Read third time, sent to Senate House 20010814 Read second time House 20010813 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on August 13, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
August 13, 2001
L. Printed 8/13/01--H.
Read the first time August 13, 2001.
TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO MEMBERSHIP OF THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE ELECTION OF AN AT-LARGE MEMBER IN NONPARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION IN 2002 AND EVERY FOUR YEARS THEREAFTER AND TO FURTHER PROVIDE THAT THE AT-LARGE MEMBER SHALL SERVE AS CHAIRMAN OF THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1 of Act 518 of 1982 is amended to read:
"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 nine 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 and shall not be a member of the board."
SECTION 2. Section 2 of Act 518 of 1982, as last amended by Act 584 of 1994, is further amended to read:
"Section 2. The members of the board representing single-member election districts, as established in Section 3, 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 must 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 office on the first day of January following the election. At any election the candidate receiving the highest number of votes shall be deemed elected.
A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190.
The board shall elect from among its members one person to serve as chairman for a term of one year, provided that no chairman is 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 members thereof."
SECTION 3. Sections 3 and 4 of Act 518 of 1982 are amended to read:
"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. The ninth member, who shall serve as chairman of the board, must be elected from the county at-large in a nonpartisan election at the general election beginning in 2002 for a term of four years. The member serving as chairman of the board on this act's effective date shall continue as chairman until the at-large member takes office.
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 from a single-member election district must be a resident of the district in which he is elected and shall be elected by the qualified electors of that district. The at-large member must be a resident of Berkeley County. 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, and period of residence in the district, in the case of the at-large member, the candidate's residence and period of residency in the county, 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 mutandis. 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."
SECTION 4. This act takes effect upon approval by the Governor.
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