South Carolina General Assembly
117th Session, 2007-2008

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A134, R81, H3953

STATUS INFORMATION

General Bill
Sponsors: Rep. Vick
Document Path: l:\council\bills\ggs\22847sd07.doc
Companion/Similar bill(s): 4233

Introduced in the House on April 24, 2007
Introduced in the Senate on April 26, 2007
Passed by the General Assembly on May 17, 2007
Became law without Governor's signature, June 5, 2007

Summary: Chesterfield County School Districts

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/24/2007  House   Introduced, read first time, placed on calendar without 
                        reference HJ-3
   4/25/2007  House   Read second time HJ-28
   4/26/2007  House   Read third time and sent to Senate HJ-6
   4/26/2007  Senate  Introduced, read first time, placed on local & 
                        uncontested calendar SJ-5
   5/16/2007  Senate  Read second time SJ-18
   5/17/2007  Senate  Read third time and enrolled SJ-7
   5/29/2007          Ratified R 81
    6/5/2007          Became law without Governor's signature
    6/6/2007          Copies available
    6/6/2007          Effective date 06/05/07
   7/30/2007          Act No. 134

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/24/2007
4/24/2007-A
4/26/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A134, R81, H3953)

AN ACT TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, AND THE FILING PERIOD FOR DECLARATIONS OF CANDIDACY; AND TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN ADVISORY COUNCILS IS DETERMINED AND THE NUMBER OF MEMBERS OF EACH ADVISORY COUNCIL.

Be it enacted by the General Assembly of the State of South Carolina:

Election date and filing period revised

SECTION    1.    Section 1 of Act 205 of 1993, as last amended by Act 167 of 1997, is further amended to read:

"Section    1.    Notwithstanding any other provision of law, the District Board of Education of the Chesterfield County School District consists of nine members who must be elected in nonpartisan elections to be held at the same time as the primary election in even-numbered years in the manner hereinafter provided with runoff elections, if required, to be held two weeks later at the same time as other primary runoff elections. One member of the board must be a resident of and elected from each of the nine defined single-member election districts established in Section 2 of this act. Members of the board must be elected as follows:

(a)    In 1993, a member of the board from District 1 must be elected for a one-year term and members of the board from Districts 2 and 9 must be elected for five-year terms.

(b)    In 1994, members of the board from Districts 1 and 3 must be elected for four-year terms.

(c)    In 1996, members of the board from Districts 4, 5, 6, 7, and 8 must be elected for four-year terms.

(d)    In 1998, members of the board from Districts 1, 2, 3, and 9 must be elected for four-year terms.

(e)    After 1998, members of the board must be elected in nonpartisan elections held every two or four years thereafter as appropriate for four-year terms. All members shall serve until their successors are elected and qualify.

(f)    The present members of the district board of education shall continue to serve until successors from the election districts in which the present members reside are elected in the manner provided by this act at which time the terms of office of these present members shall expire.

In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term, as appropriate, at the next regular election.

Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires. The filing period shall be the same filing period as for other countywide or less than countywide officers to be filled at that primary election.

The county commissioners of election shall conduct and supervise the 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 the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan election and runoff method as contained in Section 5-15-62 of the 1976 Code.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code."

Advisory council membership revised

SECTION    2.    Section 7 of Act 1010 of 1968, as last amended by Act 412 of 2002, is further amended to read:

"Section    7.    (A)    There shall be six local education advisory councils in the Chesterfield County School District, one for each school attendance area. The six councils shall be Cheraw, Chesterfield, Ruby, Pageland, Jefferson, and McBee. Each advisory council shall have five members elected from their respective school attendance areas in the general election. Candidates must qualify and file in the same manner as members of the district board of education. Candidates who receive the highest number of votes in each election shall be declared the winners. Members shall serve for terms of four years and until their successors are elected and qualify. Three members of each council shall be elected in 2000, and two members of each council shall be elected in 2002 in accordance with Act 803 of 1976, which provides for staggered terms for members. Members shall take office on January first after the November election. The councils shall meet and perform such duties as determined by the district board of education. Any vacancy shall be filled for the remainder of the unexpired term by appointment by the county superintendent of education with approval of the district board of education.

Each council shall elect a chairman, a vice chairman, and a secretary and submit those names to the superintendent. In schools that serve multi-attendance areas, the district board of education will determine the makeup of the advisory council.

(B)    Beginning July 1, 2007, each advisory council shall have seven members with four to be appointed by the county legislative delegation for terms of four years each and with three to be appointed by the district board of education also for terms of four years each. Upon the expiration of the terms of members of each advisory council serving in office on July 1, 2007, or upon a vacancy in office occurring for any other reason after this date, successors shall no longer be elected but rather shall be appointed in the manner provided in this subsection. As these vacancies occur due to expiration of terms or for other reasons, the county legislative delegation and the district board of education shall alternate making appointments with the county legislative delegation appointing first until all members of each advisory council are appointed as provided in this subsection. For the two additional seats on each advisory council created by the provisions of this subsection, one on each council shall be filled by appointment of the county legislative delegation for an initial term of two years and one on each council shall be filled by appointment of the district board of education for an initial term of two years, and thereafter successors shall be appointed for terms of four years each. In schools that serve multi-attendance areas, the district board of education shall continue to determine the make-up of that advisory council as provided in subsection (A). All members shall serve until their successors are appointed and qualify."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2007.

Became law without the signature of the Governor -- 6/5/07.

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