H*4436 Session 109 (1991-1992)
H*4436(Rat #0395, Act #0588 of 1992) General Bill, By J.M. Baxley and
D.M. Beasley
A Bill to amend Act 748 of 1978, as amended, relating to the Board of
Education of the Darlington County School District, so as to reduce the number
of school board members from twelve to eight, provide that the single-member
election districts for the purpose of electing the members of the Board of
Education of Darlington County are the same as provided by law for the members
of the Darlington County Council, make changes to the law governing Board of
Education members and the method of their selection, including, among other
things, the date of the commencement of terms of office, provide for the
expiration of terms of present Board of Education members, provide that
certain provisions of this Act shall not become effective or implemented until
the qualified electors of Darlington County have approved the reduction in the
number of members of the Board from twelve to eight, provide for a referendum
for this purpose, and provide that certain provisions of this Act take effect
upon approval by the Governor.-amended title
02/20/92 House Introduced and read first time HJ-7
02/20/92 House Referred to delegation from Darlington HJ-7
04/09/92 House Delegation report: Favorable with amendment
Darlington HJ-72
04/09/92 House Amended HJ-73
04/09/92 House Read second time HJ-75
04/09/92 House Unanimous consent for third reading on next
legislative day HJ-75
04/10/92 House Read third time and sent to Senate HJ-1
04/14/92 Senate Intd. & placed on local & uncontested cal. w/o
reference SJ-7
04/22/92 Senate Read second time SJ-14
04/23/92 Senate Read third time and enrolled SJ-27
04/28/92 Ratified R 395
05/04/92 Signed By Governor
05/04/92 Act No. 588
05/04/92 See act for exception to or explanation of
effective date
06/18/92 Copies available
(R395, H4436)
AN ACT TO AMEND ACT 748 OF 1978, AS AMENDED,
RELATING TO THE BOARD OF EDUCATION OF THE
DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE
THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE
TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION
DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF
THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE
THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE
DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE
LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE
METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER
THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF
OFFICE, PROVIDE FOR THE EXPIRATION OF TERMS OF
PRESENT BOARD OF EDUCATION MEMBERS, PROVIDE THAT
CERTAIN PROVISIONS OF THIS ACT SHALL NOT BECOME
EFFECTIVE OR IMPLEMENTED UNTIL THE QUALIFIED
ELECTORS OF DARLINGTON COUNTY HAVE APPROVED THE
REDUCTION IN THE NUMBER OF MEMBERS OF THE BOARD
FROM TWELVE TO EIGHT, PROVIDE FOR A REFERENDUM FOR
THIS PURPOSE, AND PROVIDE THAT CERTAIN PROVISIONS OF
THIS ACT TAKE EFFECT UPON APPROVAL BY THE
GOVERNOR.
Be it enacted by the General Assembly of the State of South Carolina:
School board membership, etc.
SECTION 1. Section 1 of Act 748 of 1978, as last amended by Act 259
of 1979, is further amended to read:
"Section 1. Notwithstanding any other provision of law,
effective January 1, 1993, the Darlington County School District shall be
governed by the Board of Education of Darlington County composed of
eight members. All members must be elected in a nonpartisan manner in
the general election in the years when members of the South Carolina
House of Representatives are elected, commencing with the general
election of 1992. The term of office for each member is four years, and
each member shall serve until his successor is elected and qualifies for
office. Four members, to be designated by lot after the 1992 general
election, shall serve initial terms of two years, and the remaining four
members shall serve initial terms of four years, all until their successors
are elected and qualify. Thereafter, all members shall be elected for, and
shall serve, terms of four years each. A member's term of office
commences on the first day of January next following his election.
Vacancies shall be filled by a majority of the remaining members of the
board for the unexpired portion of the term only. Each member must be a
qualified elector of the election district he represents and, except when
filling a vacancy as previously prescribed, must be elected by the qualified
electors of that district only. Any person wishing to become a candidate
for a seat on the board shall submit his name by noon on September first,
or, if September first falls on a Sunday or a legal holiday, by noon on the
next regular business day, to the authority which is charged by law with
conducting the election, along with any other information that that
authority considers necessary, on forms to be provided by the authority.
That authority shall cause to be published in a newspaper of general
circulation in the county two notices of the election, including its date, the
deadline for submitting a name as a candidate, and all other appropriate
information regarding the election. The first notice must be published not
earlier than thirty days before the deadline for submitting a name as a
candidate, and the second notice must be published not later than seven
days before the deadline for submitting a name as a candidate.
The board has the powers and duties as are provided by law, including
the authority to:
(a) prepare and approve the annual budget and determine expenditures
of funds obtained from all sources for the operation of the school district
and all programs, offices, and organizations under the authority of the
board;
(b) determine and approve the local tax funds necessary for
operational purposes;
(c) determine the capital outlay needs of the school district and issue
bonds for those needs within the bonded debt limit of the school district;
(d) determine salaries and allowances of members of the board and
determine and approve local tax funds necessary for this purpose;
(e) exercise all other powers and duties as provided by general law for
district school boards."
Single-member election districts
SECTION 2. Section 2 of Act 748 of 1978, as last amended by Act 531
of 1982, is further amended to read:
"Section 2. In Darlington County, the single-member election
districts for the purpose of electing the members of the Board of Education
of Darlington County, as provided for in Section 1, are the same as
provided by law for the members of the Darlington County Council and
shall be co-existent therewith and shall become effective on the date on
which the United States Justice Department grants approval for the newly
reapportioned single-member election districts for the Darlington County
Council."
Expiration of terms of office
SECTION 3. The terms of all members of the Board of Education of
Darlington County, chosen and serving in accordance with the provisions
of law in effect when this act takes effect, expire at midnight on December
31, 1992, in accordance with the provisions of Section 1 of this act.
Referendum; effective date for certain provisions
SECTION 4. The provisions of Sections 2 and 3 of this act and the
provisions of Section 1 of this act, except for that portion of Section 1 as
specifically set forth in Section 5 below, shall not become effective or
implemented until the qualified electors of Darlington County have
approved the reduction in the number of members of the Board of
Education of Darlington County from twelve to eight, in accordance with
the ballot question set forth below. If a majority of the qualified electors
voting on the question vote "Yes", then the provisions of
Sections 2 and 3 and the above-referenced provisions of Section 1 shall
become effective and must be implemented.
The referendum provided for in this section must be conducted at the
time of the 1992 November general election by the authority charged by
law with conducting the general election in Darlington County. That
authority shall cause a notice of the referendum, the question, and the date
of the referendum to appear in a newspaper of general circulation in the
county not earlier than thirty days nor later than fifteen days before the
referendum is to be held. The election laws of this State apply to the
referendum mutatis mutandis. The authority conducting the referendum
shall certify the results thereof in accordance with law and shall publish
those results.
The following question shall be submitted to the qualified electors of
Darlington County in accordance with the provisions of this section:
"Shall the number of members of the Board of Education of
Darlington County be eight, rather than twelve, to be elected from
single-member election districts which are the same for the members of
the Darlington County Council?
Yes []
No [] ".
Time effective
SECTION 5. (A) The following provisions of Section 1 of Act 748 of
1978, as contained in Section 1 of this act, take effect upon approval by
the Governor:
"A member's term of office commences on the first day of
January next following his election. Vacancies shall be filled by a
majority of the remaining members of the board for the unexpired portion
of the term only. Each member must be a qualified elector of the election
district he represents and, except when filling a vacancy as previously
prescribed, must be elected by the qualified electors of that district only.
Any person wishing to become a candidate for a seat on the board shall
submit his name by noon on September first, or, if September first falls on
a Sunday or a legal holiday, by noon on the next regular business day, to
the authority which is charged by law with conducting the election, along
with any other information that that authority considers necessary, on
forms to be provided by the authority. That authority shall cause to be
published in a newspaper of general circulation in the county two notices
of the election, including its date, the deadline for submitting a name as a
candidate, and all other appropriate information regarding the election.
The first notice must be published not earlier than thirty days before the
deadline for submitting a name as a candidate, and the second notice must
be published not later than seven days before the deadline for submitting a
name as a candidate.
The board has the powers and duties as are provided by law, including
the authority to:
(1) prepare and approve the annual budget and determine
expenditures of funds obtained from all sources for the operation of the
school district and all programs, offices, and organizations under the
authority of the board;
(2) determine and approve the local tax funds necessary for
operational purposes;
(3) determine the capital outlay needs of the school district and
issue bonds for those needs within the bonded debt limit of the school
district;
(4) determine salaries and allowances of members of the board
and determine and approve local tax funds necessary for this purpose;
(5) exercise all other powers and duties as provided by general
law for district school boards."
(B) Except as otherwise specifically provided in this act, the
remainder of this act takes effect upon approval by the Governor.
In the Senate House April 28, 1992.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Representatives
Approved the 4th day of May, 1992.
Carroll A. Campbell, Jr.,
Governor
Printer's Date -- June 14, 1992 -- L.
---XX--- |