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January 29, 2004
S. Printed 1/29/04--H.
Read the first time January 20, 2004.
TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The members of the board of trustees of Florence County School District Number Three shall consist of nine members to be elected as follows:
(1) five members to be elected from five single-member districts with one member being elected from each single-member district; and
(2) four members elected from two multi-member districts with two members elected from each multi-member district.
(B) A candidate for a seat on the board of trustees offering for a single-member district seat must be a resident and qualified elector of the single-member district. A candidate for a seat on the board of trustees from a multi-member district must be a resident and qualified elector of a multi-member district.
SECTION 2. (A)(1) The single-member election districts of Florence County School District Number Three are as follows:
District #5; and
(2) The multi-member election districts of Florence County School District Number 3 are as follows:
District #4; and
(B) Beginning with the election conducted in 2004, those members must be elected from the election districts provided in subsection (A) by the qualified electors of that district which are shown on the official map designated as S-41-03-04 prepared by and on file with the Office of Research and Statistics of the State Budget and Control Board. The Office of Research and Statistics of the State Budget and Control Board shall provide a certified copy of the map to the school district and the Florence County Registration and Election Commission. The official map must not be changed except by an act of the General Assembly or by a court of competent jurisdiction.
SECTION 3. (A) Elections for trustees for Florence County School District Number Three must be held on the second Tuesday in May of each year. The election must be conducted by parties as specified by the Board of Trustees. A notice of the election must be advertised in a newspaper of general circulation in the school district at least twice, thirty days before the close of the filing period. The advertisement must state the purpose of the election, the method for filing statements of candidacy, dates of the opening and closing of the filing period, place of filing, and the voting places for the election.
(B) The Board of Trustees shall determine the authority who shall conduct the elections within the district on an annual basis no later than August fifteenth. The election must be conducted as nearly as practicable in accordance with the general law regulating general elections in this State, mutatis mutandis. The Commissioners of Election for Florence County shall rule on any irregularity in the election. Each seat of trustee in Florence County School District Number Three constitutes a separate seat and must be numbered separately beginning with the number one through the number seven, including designating seats A and B in the multi-member districts. A person may not be declared elected unless he receives a majority of the votes cast in the election for the seat for which he is a candidate. In case no candidate receives a majority of the votes cast in the election for the seat, a second election between the two receiving the highest number of votes who do not withdraw must be held within thirty days after the first election. Notice of this must be advertised at least one week before the election and must be conducted in the same manner as the first election. If only one candidate remains he must be declared elected.
(C)(1) The initial election for:
(a) seat number 1 must be filled from single-member district number 1 in 2004;
(b) seat number 2 must be filled from single-member district number 2 in 2004;
(c) seat number 3 must be filled from single-member district number 3 in 2004;
(d) seat number 4-A must be filled from multi-member district number 4-A in 2005;
(e) seat number 4-B must be filled by multi-member district number 4-B in 2006;
(f) seat number 5 must be filled from single-member district number 5 for a one-year term in 2004, and a subsequent election from single-member district number 5 in 2005 for a term of three years;
(g) seat number 6 must be filled from single-member district number 6 in 2006;
(h) seat number 7-A must be filled from multi-member district number 7-A in 2005; and
(i) seat number 7-B must be filled from multi-member district number 7-B in 2006.
(2) All trustees shall serve three-year terms except where specified.
(D) A member serving as trustee on the effective date of this act, whose term expires before the initial elections are to be held to fill those seats, shall continue to serve until elections are held and a trustee is elected and qualified.
SECTION 4. A person desiring to be a candidate for the Board of Trustees for Florence County School District Number Three shall file his statement of candidacy for a specific seat with the authority as authorized by the Board of Trustees between March fifteenth and twelve o'clock noon on April first of the election year. If the opening or closing day of the filing period falls on a weekend or legal holiday, the filing period begins or ends, respectively, on the next day which is not a weekend or legal holiday at the originally designated hour.
SECTION 5. (A) On the second Tuesday of May of each year, the Board of Trustees of Florence County School District Number Three shall call a meeting of the citizens of the district, this meeting to be held within the school district. The time and place of the meeting must be advertised in a newspaper of general circulation within the district at least once, ten days before the meeting.
(B) The board of trustees of the district shall submit to the citizens at the meeting a proposed budget for the operation of the school or schools within the district, together with the estimated millage necessary to carry the budget into effect, which budget and millage must be only adopted by majority vote of the qualified electors present at the meeting. The persons entitled to vote at the meeting may appoint a chairman and a secretary and adjourn the meeting from as necessary until business is completed. It is the duty of the chairman of the meeting to keep a correct record of all proceedings. The electors attending the meeting may change, alter, reject, or amend any budget proposed by the board of trustees. However, the tax millage levied must maintain at least the level of per pupil financial effort established in the previous fiscal year.
SECTION 6. The Chairman of the Board of Trustees of Florence County School District Number Three, within one week after the fixing of the budget and the millage as provided in Section 5, shall certify the budget and millage to the county auditor who shall levy the millage upon all taxable property within the school district. The treasurer of Florence County shall collect the taxes levied and the proceeds derived from the levy. The treasurer shall keep these proceeds and disburse to the district upon warrants issued or drawn by the school district. A tax levied under the provisions of this act may not be repealed at any subsequent meeting.
SECTION 7. The boundaries of Florence County School District Number 3 in Florence County are not altered by the provisions of this act. These school district lines are as defined by law and any census blocks which may be divided are done so only for statistical purposes and to establish a population base.
SECTION 8. Act 250 of 1991 is repealed.
SECTION 9. This act takes effect upon approval by the Governor.
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