Bill 3832

                    Current Status

Bill Number:               3832
Ratification Number:       280
Act Number                 286
Introducing Body:          House
Subject:                   School districts; trustees; designation
                           of

(A286, R280, H3832)

AN ACT TO PROVIDE FOR THE COMPOSITION AND ELECTION OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2 TRUSTEES AND A METHOD FOR FILLING VACANCIES, AND TO REPEAL ACT 547, RELATING TO THE COMPOSITION AND SELECTION OF THE HAMPTON COUNTY SCHOOL BOARD OF EDUCATION, AND ACT 549 OF 1982, RELATING TO THE ABOLISHMENT OF THE HAMPTON COUNTY SCHOOL BOARD OF EDUCATION.

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

School districts; trustees; designation of

SECTION 1. (A) There shall be two school districts in Hampton County each governed by a board of trustees. The boards of the respective districts shall each be composed of five trustees serving at large who must be elected by a plurality vote of the qualified electors voting in their respective district. The trustees for each district shall serve terms of four years with three trustees for each district being elected at the general election for the Governor and two trustees in each district being elected at the general election for members of the Senate. The trustees shall serve until their successors are elected and qualify and the board for each district shall elect its chairman annually. A candidate for trustee must reside in the school district he seeks to represent. Trustees take office on the first day of January next following their election.

(B) The Hampton County treasurer shall pay all claims approved by a majority of the trustees of either district, on behalf of their respective district, provided sufficient funds are on deposit in the proper district account. Trustees shall receive no salary but must be reimbursed for actual expenses incurred.

(C) Nothing in this act should be construed as altering or amending the terms of office of the trustees of either district or as changing the time for the election of the respective trustees.

Election; trustees

SECTION 2. (A) Beginning with the election for trustees to be held in 1990, and for all elections following, the county election commission must certify two qualified persons from each district as alternates who shall be so designated for the purpose of filling vacancies on the respective boards. The persons so certified from each district must be the two candidates receiving the highest number of votes who were not elected as trustees. In order to be certified as an alternate, the candidate must receive a number of votes equal to thirty percent of the total number of electors casting votes in the election. No person may be certified as an alternate who does not meet the requirements of this section.

(B) The official term of alternates begins upon certification of the election results by the county election commission and continues until their successors are certified and designated at the next election for trustees.

School boards; vacancies

SECTION 3. (A) Any vacancy occurring on the school boards for Hampton County must be filled by an alternate if an alternate was certified by the county election commission as a result of the preceding election for trustees. The alternate who received the highest number of votes in the election must be given priority in filling the vacancy. Any alternate filling a vacancy serves until the next election for trustees or until the expiration of his predecessor's term, whichever occurs first. If the term being filled by the alternate does not expire at the next election for trustees, a trustee must be elected at that time to complete the two years remaining on the term. Such trustee must be selected from among the slate of candidates seeking office at that election. The candidate who will fill the unexpired term is the one receiving the next highest number of votes behind the candidates elected to serve full four-year terms.

(B) In the event that a vacancy occurs on the school boards for Hampton County and no person qualified as an alternate at the preceding election for trustees or where no alternate is otherwise designated, the Hampton County Legislative Delegation shall appoint a trustee for the same period as is applicable to alternates as provided in subsection (A).

(C) The Hampton County Election Commission shall conduct a special election to fill any vacancy not filled on the effective date of this act which occurred prior to the effective date of this act based upon a timely schedule as established by the commission. Any trustee elected at the special election as provided in this subsection serves until the expiration of his predecessor's term.

School boards; effective powers

SECTION 4. Except as provided in this act, the powers, duties, and procedures of the district school boards shall remain in full force and effect.

Elections; expenses

SECTION 5. Expenses for conducting elections of trustee members must be paid for by each district.

Acts repealed

SECTION 6. Acts 547 and 549 of 1982 are repealed.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.