Current Status BillNumber: 2488 Ratification Number: 52 Act Number: 239 Introducing Body: House Subject: Election of trustees-Florence County, composition of boards, terms, qualifications, etc.View additional legislative information at the LPITS web site.
(A239, R52, S2488)
AN ACT TO PROVIDE FOR THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY AND THE ESTABLISHMENT OF TAX MILLAGE FOR THE DISTRICT.
Be it enacted by the General Assembly of the State of South Carolina:
Election of trustees
SECTION 1. On the effective date of this act and notwithstanding the provisions of Act 157 of 1971 and Act 98 of 1973, the provisions of this act shall govern the election of the Board of Trustees of School District No. 1 in Florence County and the method of establishing the tax millage for the district.
Composition of board of trustees
SECTION 2. The Board Of Trustees of Florence School District No. 1 (the board) shall consist of nine members elected for terms of three years and until their successors are elected and qualify.
Members of the board shall be elected at a special election to be held on the first Tuesday in May. The election shall be conducted by the Commissioners of Election for Florence County. A notice of the election shall be published in a newspaper of general circulation in the school district at least once, thirty days prior to the election. The notice shall state the purpose of the election, the method for filing nominating petitions and the voting places for the election.
The Commissioners of Election shall conduct the election at the regular voting places within the district. Such election shall be conducted as nearly as practicable in accordance with the general law regulating special elections in this State. The Commissioners of Election shall rule on any irregularity in the election.
SECTION 3. Terms shall be arranged so that terms of three board members shall expire each year and vacancies shall be filled by an election at large. Seats shall not be designated by number. Voters shall not be required to vote for a full slate of candidates in order for their vote to be valid. The ballots shall be marked instructing the voters that they may vote for any one, two, or three, but not more than three of the candidates. The three candidates receiving the highest number of votes whether or not such vote constitutes a majority of those voting shall be declared elected.
SECTION 4. Any person eighteen years of age or older may become a candidate for positions on the school board by filing a statement that he is a candidate with the county election commission no later than noon of the fifteenth day prior to the election.
The expenses of elections for trustees shall be paid for by Florence School District No. 1.
Elected members shall assume office June first of the year in which they are elected.
SECTION 5. Vacancies on the board shall be filled by so many of the members of the House of Representatives and Senate elected from districts wholly or in part within the bounds of school district number one of Florence County for the unexpired term. If more than half of a term remains and the appointment is made at least forty-five days prior to a school board election, the appointment by such members of the General Assembly shall be only until that election, at which time the unexpired portion of the term shall be filled by election.
Auditor to levy millage
SECTION 6. On or before the fifteenth day of April 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 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 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 the event the budget requires an increase in millage, the notice advertising the school board trustees' election shall state the amount of the increase proposed and a vote shall be taken on such increase. The ballot in such cases shall contain the following question and an explanatory statement thereof:
"Shall the millage for School District No. 1 be increased by mills as recommended by the board of school 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 shall the county auditor levy the portion of the millage over the millage of the previous year. In the event the voters fail to approve a millage increase by a majority vote of those voting in the election, 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 second election shall be advertised at least one week prior to election day, and such election shall be conducted in like manner by the County Election Commission. In the event 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 7. This act shall take effect upon approval by the Governor.
Approved the 3rd day of April, 1981.