South Carolina General Assembly
113th Session, 1999-2000

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Bill 3812


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3812
Type of Legislation:              Joint Resolution JR
Introducing Body:                 House
Introduced Date:                  19990331
Primary Sponsor:                  Loftis
All Sponsors:                     Loftis, Cato, Hamilton, Haskins, Leach, 
                                  Tripp and Vaughn
Drafted Document Number:          l:\council\bills\bbm\9176som99.doc
Residing Body:                    Senate
Date Tabled:                      19990415
Subject:                          Greenville County School District 
                                  Trustees, partisan election of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990415  Tabled
Senate  19990415  Introduced, read first time
House   19990414  Read third time, sent to Senate
House   19990413  Read second time
House   19990408  Request for debate withdrawn
                  by Representative                              Allison
                                                                 Littlejohn
                                                                 Cato
                                                                 Hamilton
                                                                 Walker
                                                                 Easterday
                                                                 Lee
                                                                 Leach
                                                                 Haskins
                                                                 Loftis
                                                                 Davenport
                                                                 Vaughn
                                                                 Tripp
                                                                 Miller
House   19990407  Request for debate by Representative           Walker
                                                                 Cobb-Hunter
                                                                 McMahand
                                                                 Littlejohn
                                                                 Allison
                                                                 Davenport
                                                                 Miller
                                                                 W. McLeod
                                                                 Lloyd
                                                                 Ott
                                                                 Easterday
                                                                 Tripp
                                                                 Cato
                                                                 Haskins
                                                                 Vaughn
                                                                 Hamilton
                                                                 Loftis
                                                                 Leach
                                                                 Lee
House   19990331  Recalled from Committee                21 HEPW
House   19990331  Introduced, read first time,           21 HEPW
                  referred to Committee


                             Versions of This Bill
Revised on March 31, 1999 - Word format

View additional legislative information at the LPITS web site.


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

RECALLED

March 31, 1999

H. 3812

Introduced by Reps. Loftis, Cato, Hamilton, Haskins, Leach, Tripp and Vaughn

S. Printed 3/31/99--H.

Read the first time March 31, 1999.

            

A JOINT RESOLUTION

TO PROVIDE FOR A REFERENDUM IN THE GREENVILLE COUNTY SCHOOL DISTRICT TO BE HELD AT THE SAME TIME AS THE 2000 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED VOTERS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FAVOR ELECTING THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT IN PARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION OF 2002; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR THE ELECTION OF THE BOARD OF TRUSTEES IN PARTISAN ELECTIONS, THAT THE ELECTION OF SCHOOL TRUSTEES CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION OF 2002 WILL BE PARTISAN; TO PROVIDE THAT IF THE CERTIFIED RESULTS OF THE REFERENDUM FAVOR PARTISAN ELECTIONS, SECTION 1 OF ACT 521 OF 1992 IS REPEALED UPON CERTIFICATION OF THE RESULTS OF THAT REFERENDUM, AND TO PROVIDE FOR THE STRUCTURE AND PROCEDURE FOR ELECTION OF THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FROM THAT DATE ON.

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

SECTION 1. (A) A binding referendum must be held at the same time as the 2000 general election in the Greenville County School District on the question of whether or not the qualified electors of the district favor partisan elections of the trustees of the board. The referendum for this purpose must be conducted by the Greenville County Election Commission at the same time as the 2000 general election. The county commissioners of election shall conduct and supervise the referendum in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the referendum. The cost of the referendum shall be paid by the school district.

(B) The question put before the qualified electors of the district at the 2000 general election shall read:

"Do you favor electing the members of the Board of Trustees of the Greenville County School District in partisan elections beginning with the general election in the year 2002?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION 2. Section 1 of Act 521 of 1992 is repealed upon certification of a majority "yes" vote in the referendum held pursuant to Section 1 of this joint resolution.

SECTION 3. Beginning with the 2002 election, the Board of Trustees of the Greenville County School District consists of twelve members who must be elected in partisan elections to be held in the manner as provided by law. One member of the board must be a resident of and elected from each of the twelve defined single-member election districts established in Section 2 of Act 521 of 1992. In the 2002 election, members of the board must be elected from the odd-numbered districts for four-year terms. Thereafter, their successors also must be elected for four-year terms. The members of the board who reside in the even-numbered districts shall continue to be members of the board representing these respective districts until 2004 at which time they or their successors shall be elected for four-year terms. All members of the board shall serve until their successors are elected and qualify. 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 that district. Candidates must be elected at the time of the general election according to the provisions of Title 7 of the 1976 Code, mutatis mutandis.

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 commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.

The candidate receiving the highest number of the votes in each district in the election must be declared elected.

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

Except for those members of the board from the even-numbered districts who shall continue to serve until 2004 as provided by this section, the current members of the board shall continue to be selected and serve as provided by law until the members elected in the 2002 election qualify and take office, at which time the then current terms of the present members of the board shall expire.

SECTION 4. In the event of a vacancy occurring on the board of trustees of the Greenville County School District from the certification of a favorable vote in the referendum held at the general election in 2000 until ten months before the regular trustee election in 2002, the board shall call a special nonpartisan election to fill the unexpired term. In the event of a vacancy occurring in the ten months before the 2002 election, the vacancy must be filled for the unexpired term or for a full term as appropriate at the 2002 election. The county commissioners of election shall conduct and supervise the special election in the manner governed by the election laws of the State, mutatis mutandis.

SECTION 5. Section 1 takes effect upon approval by the Governor. The remaining sections take effect only upon certification of a majority "yes" vote in the referendum held pursuant to Section 1.

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