Current Status Introducing Body:House Bill Number:4436 Ratification Number:395 Act Number:588 Primary Sponsor:Baxley Type of Legislation:GB Subject:Darlington County school district trustees Date Bill Passed both Bodies:Apr 23, 1992 Computer Document Number:BBM/9718.JM Governor's Action:S Date of Governor's Action:May 04, 1992 Introduced Date:Feb 20, 1992 Date of Last Amendment:Apr 09, 1992 Last History Body:------ Last History Date:Oct 07, 1992 Last History Type:Act No. 588 Scope of Legislation:Statewide All Sponsors:Baxley Beasley Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4436 ------ Oct 07, 1992 Act No. 588
4436 ------ May 04, 1992 Signed by Governor
4436 ------ Apr 28, 1992 Ratified R 395
4436 Senate Apr 23, 1992 Read third time, enrolled for
ratification
4436 Senate Apr 22, 1992 Read second time, unanimous
consent for third reading on
Thursday, April 23, 1992
4436 Senate Apr 14, 1992 Introduced, read first time,
placed on Local and
Uncontested Calendar without
reference
4436 House Apr 10, 1992 Read third time, sent to
Senate
4436 House Apr 09, 1992 Amended, read second time,
unanimous consent for third
reading on Friday, April 10,
1992
4436 House Apr 09, 1992 Delegation Report: Favorable 00
with amendment, Darlington
Delegation
4436 House Feb 20, 1992 Introduced, read first time, 00
referred to Darlington
Delegation
View additional legislative information at the LPITS web site.
(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?
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.